Category: The defenses

Saturday, February 12, 2011

Sollecito Defense Team Breaking From Knox Defense Team On Legal Measures To Stop Lifetime Movie

Posted by Peter Quennell

The Amanda Knox team of Ghirga and Delle Vedova were ready to stop by legal means the showing of the Lifetime movie in Italy.

We presume they were only willing to go that far and no further because there are various signs that Edda Mellas and Curt Knox had a hand in the generation of this movie - not least that they have never denied it or decried it. Chris Mellas confirmed that they were helping out in his candid announcements that he tried to get Panettiere face to face in Capanne with Amanda Knox.

But there is already a huge separation between the Knox and the Sollecito defense teams - Giulia Bongiorno and Luca Maori (image above) have no liking at all for the runaway train of xenophobic conspiracy theorists.

And of course Raffaele Sollecito STILL does not confirm Amanda Knox’s attempted fifth alibi for the night that she was at his place all along.

We have already warned that the fact of this movie could make things very much worse for Amanda Knox.

Now it looks like this is happening. Giulia Bongiorno and Luca Maori want the movie delayed worldwide on the basis that it could SERIOUSLY damage their client’s prospects. 

The large Italian news service ADNKronos is now reporting that if Lifetime do not confirm by this next Monday that the movie is to be held back until after the appeals are over, they will file suit in New York Federal court in Manhattan (image below).

If there is a Federal court session on this, we should be able to report from the front lines, hopefully with some shots, on the Lifetime producers trying to defend their bizarre movie.

Looking forward.

Wednesday, December 22, 2010

The El Bizarro Defense: “It’s Unfair To Use The DNA They Didn’t Manage To Scrub Away Against Them”

Posted by Cardiol MD

Remember the twins who appealed for mercy at their trial for murdering their parents? On the grounds that they are now orphans?

There is something of that reminiscent here. The defenses of Knox and Sollecito seem 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 boils down to whether the disputed DNA evidence is more unfairly prejudicial than probative. The faux forensic experts who are arguing in the media that this disputed DNA evidence would not ever be admitted in US or UK courts are in fact totally mistaken.

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

That is what the only relevant court in Meredith’s case, the Perugia appeals court, is now doing.

DNA evidence may be “only circumstantial” but that is as with most of the evidence in this case. Meredith was murdered - that’s a fact - but no one saw who did it except the killers.

Judge Hellman designated his selected Expert Reviewers with such alacrity that I think he had already thought it all out.  Judge Hellman is being prudently responsive to the legal and political pressures bearing down on him, and knows the ruling also calls the defendants’ bluff.

As Tom in the post below and others are pointing out, the review is limited to a very partial review of the DNA evidence, and what is not to be reviewed is by far the most significant.

The possibility of more residual blood at the blade/handle junction is thought-provoking. Sollecito’s obsession with knife-ownership suggests that his knife, the murder-weapon, would be top quality, probably with a handle/blade junction, pretty, but vulnerable to seepage into it.

Also, the knife-wielders significantly, even deliberately, stayed away from the well-known neck-blood-vessels, the Jugular Veins, and the Carotid Arteries, on both sides, focusing their neck-stabs on the area of the Larynx, as if they had some medical knowledge of what they were doing - but not enough.

The blood-vessel they did cut - the right superior thyroid artery - is a branch-of-a-branch of the better known blood vessels, but very close to the larynx. They didn’t know, or care, enough to anticipate the lethal consequences of cutting so small an artery in that particular location, so near to the airways.

I agree with others that Judge Hellman may also be innoculating himself by heading off a possible adverse ruling of the Supreme Court in Rome, which must be restricted to Procedural/Legal issues.

The defence lawyers sem to be submitting, probably against their own better judgement and advice, to the FOA camp’s insistence for additional review. I also believe the defendants will bitterly regret this insistence.

Sunday, November 28, 2010

The Knox Team Makes A Loud Blustery Attempt To Put Lipstick On Its Pig Of A Defense DRAFT

Posted by Peter Quennell

The issues they have to confront include the dramatic changes to her stories, a complete lack of any alibi, the staged break-in, the evidence of mixed DNA (hers and the victim’s), and the proven lies about her activity on the morning after the murder. Taking the court of appeal on a magical mystery tour of a missing knife is nothing more than a distraction.

A court can only strive to establish a motive but, if it’s clear that those tried are guilty, then the motive is not the be all end all.

The most important thing about motive is assessing it in order to determine what the risk is, in future, of the offender repeating the crimes and in murder, especially, what the dangers will be to society.

“Motive” is not an element of the crime. Prosecutors prefer to have a motive because it ads to proof of guilt, but it doesn’t need to be proved. “Intent” is not the same thing “motive.” Intent is an element of first degree murder in common law jurisdictions.

So, media coverage causes unfair trials? Those who endured Stalin’s secret trials might be surprised to know about this. Would a complete media blackout have changed any of the evidence used to convict the two young adults?

It’s ironic that Curt and Edda and the FOA complain about the media influencing the judges and jury in this case when they have done their utmost to influence the legal proceedings in Perugia through the media.

Knox on stand

sure hope Knox’s lawyers aren’t hinging their entire case on the possibility of a second knife existing or not. That’s somewhat beyond belief. They have to deal with the knife that does have her DNA on the handle and Meredith’s on the blade. Mocking the judge for introducing a second knife that wasn’t found sounds like desperation.

The other thing they’re apparently focusing on is lack of motive. This too is a mistake. She’s a quirky Seattlite who conducts sing-a-longs in the courtroom at her own murder trial. And you’re going to ask the appeal court to look deeper for a motive?

I agree that attacking the conviction on the basis of a second knife and motive seems incredibly lame. The evidence you cite is a huge hurdle to get over. They don’t just need to score one or two points (they will probably do so) but address many, many inconsistencies. There are so many strands to this particular web they have woven, and some huge holes in it they have to fill in order to be ‘let off’. I would be astonished if this were to happen. The suggested grounds for appeal here make me pity the pair of them. After all this time, this is their best shot? Holy cow. Their parents must be working hard to maintain the facade of optimism…

I sure hope Knox’s lawyers aren’t hinging their entire case on the possibility of a second knife existing or not. That’s somewhat beyond belief. They have to deal with the knife that does have her DNA on the handle and Meredith’s on the blade. Mocking the judge for introducing a second knife that wasn’t found sounds like desperation.

“Problem is, no one ever mentioned that in court. In fact, the existence of a second knife, Team Knox asserts, was never entered into evidence and as such, should not have appeared in the judge’s reasoning for his conviction.”

Mignini mentioned the second knife when he put forward the prosecution’s scenario of what happened that night.

 

 

 

 

Thursday, November 18, 2010

First Appeal Hearing Next Wednesday In Suggestive Absence Of Sollecito Lead Lawyer Giulia Bongiorno

Posted by Peter Quennell

The first appeal hearing next Wednesday 24 November will be technical or procedural.

The hearing to be presided over by by Appeals Judge Claudio Pratillo Hellman will cover the lawyers’ motions on evidence and witnesses.

If at the next hearing on 11 December those requests are disallowed (all of the Guede team’s requests during Guede’s appeal last December were disallowed) this level of appeal for Knox and Sollecito might be over within two months if we assume two hearings a week. .

Appeal Prosecutor Giancarlo Costagliola will be joined by main-trial prosecutors Manuela Comodi and Giuliano Mignini. This was a judge’s decision, and not Ms Comodi’s or Mr Mignini’s, and it was to ensure that many months would not be wasted mastering the complexities of the Massei Report and the further many thousands of pages of documents that make up the case.

The defence teams will consist of Giulia Bongiorno, Luca Maori and Donatella Donati for Raffaele Sollecito, and Luciano Ghirga, Carlo Della Vedova and Maria del Grosso for Amanda Knox. Ms Bongiorno is five months pregnant, and she has said that it is for this reason that she will not appear in court next wednesday. 

Is this move a sign of something more to come?

During the trial last year, the prosecution hardly missed a beat and the pace was relentless. When it came time for the defense phase, it was slow and hesitant, some court days were canceled, and some of the defense presentation seemed decidely ad hoc.

Once last year Ms Bongiorno disappeared for weeks on end, ostensibly on parliamentary business, and later in the year she developed an attack of appendicitis at a key moment. That threw into question whether she would handle the end-of-trial defense summation - at the last moment, some part of it she did

She presumably isn’t liking this case very much. Her attempt amidst much publicity to have someone actually simulate Guede’s supposed climb through Filomena’s bedroom window was a total ignominious failure. And we have heard that the Sollecito family and defense team despise the Knox entourage and PR scheme with its incessant sliming of the Italian justice system and its main players in this case, which has done them nothing but harm.

Raffele Sollecito himself has still not provided Amanda Knox with a full alibi for the night (his last word was that she was out for four hours) and on the whole seems to show signs of pulling way from her rather than of associating himself with her any closer. They talked by phone a few days ago but the call was officially monitored and so we presume nothing significant was said.

The Knox defense might complain about no videotape or recording of Knox fingering Patrick, for which she was awarded an extra year in prison. But the unscheduled WITNESS interrogation of Knox did not require a recording - witnesses by the thousand are questioned by police daily all over the world (watch any crime show on TV) without a video recording being made.

Maybe it is just as well for Knox as she seemingly cracked because Sollecito made her crack - by calling her a liar in the next room, over their first alibi, and changing his own. Better not to have recorded that…

The mitigating factors that Judge Massei accepted that are being appealed against by the prosecution include whether Knox demonstrated some remorse by placing the duvet over Meredith after the attack - meanwhile apparently removing her cell phones and locking the door some minutes before Meredith finally succumbed.

They also include whether Knox instigated the attack on Meredith. Judge Massei concluded that Guede instigated it, but Mignini had argued that there was a payback element to the attack, which may have entered their minds the previous day (those AK messages to Meredith) or that same fateful night (Patrick’s message saying no need to come to work, one interpretation being that Amanda was on the point of being fired.) 

On the demand for some retesting of the DNA, it is worth recalling that the defense experts were expected to attend the one time only testing of the DNA on the knife - but on that day despite weeks of advance notice they found “good” reason to be elsewhere.

On the demand for retesting of Sollecito’s DNA on the bra clasp, it was pressed in hard and there is zero sign that any contamination had taken place - here again. the defense played a seeming trick. The Rome labs realised within hours of their first crime scene search that the bra clasp was still back in Meredith’s room, and weeks went by before the investigators and representatives of the defense could all be there to collect it.

The many contradictory albis, the various witnesses, the luminol evidence, the post-attack behaviors, the possibilities of both Raffaele Sollecito and Rudy Guede at his second appeal, which is in December, turning into wild cards?? Not a pretty sight for Amanda Knox’s defense.

Can they get pregnant too? No doubt they wish that they could.

Sunday, October 31, 2010

Corruption Of Appeal: Angry Top Criminal Judge Chiari Is Blatantly Forced Aside

Posted by Peter Quennell

Umbria’s top criminal judge Sergio Matteini Chiari

Very Dirty Business

Only one month ago Umbria’s top criminal judge Sergio Matteini Chiari was to preside.

Now a very angry Judge Chiari has been forced aside with no public explanation from Chief Judge De Nunzio [image below] as to why.

A wildly wrongly qualified judge, Hellmann, a business judge with just two criminal trials in his past, both fiascos, mysteriously takes his place.

Rumors of foul play are appearing in the Italian media. Has Chief Judge De Nunzio been leaned upon politically? Do big bucks or rogue masons have any role in this?

Please click here for more

Friday, October 01, 2010

Knox Slander Hearing Adjourned: Her Lawyers Make It Sound Like She Might Crack - Too Late?

Posted by Peter Quennell

[Amanda Knox and her lawyer Luciano Ghirga in court last June]

The slander hearing was adjourned by Judge Matteini to Monday 8 November, after less than one hour.

Amanda Knox now knows she is not only facing the huge and detailed Massei Report and (vital to remember) the really huge volume of witness and expert statements and evidence exhibits and other documents to which it it links, which are for the most part only available in Italian.

Now she knows she is facing a bunch of hostile cops, as she was exchanging stares with all of them today in court. And if she continues to accuse them in court, she will be cross-examined, and pressed very hard to name which one or ones it was - while looking him or her or them right in the eye.

Quite some pressure. Mr Ghirga has just been reported as saying this about Amanda Knox’s state of mind.

“She has hardened herself, she has become more unhappy and less serene,” he said. “I hope we can help her to find her serenity back before Nov 24 and that she doesn’t lose her courage. This would not help us.”

And here is another report from another of her lawyers.

“She’s very down,” said her lawyer, Maria del Grosso of Rome. “I’ve told her to be tough. It won’t help to fall apart now. “

This all seems to imply that Knox just might decide to abandon the hard line encouraged by the PR campaign, which seems to be getting her nowhere except into more hot water, and move from her various conflicting stories and over now to something completely different. 

Something credible and consistent that actually sounds like the truth? Who knows?

Coming so late in the process, with Meredith’s family and friends already put through deep pain for nearly three years, it may not happen - at least not yet. Still, one consistent story if believed could affect her sentence and the conditions of her stay in prison if she does not win her freedom at appeal.

And some peace of mind for all those who have been hurt. All except one: her family’s very precious Meredith. Stay tuned.

Monday, September 20, 2010

Explaining The Massei Report:  All Judges, Lawyers And Witnesses At Trial Jan-Dec 2009

Posted by Storm Roberts

[Above: Dr Giancarlo Massei, the president of the Court]

Our intention with this new series of posts is to show how thorough the trial was, and how compelling the Massei Report on the grounds for the Knox-Sollecito sentence is. 

At the beginning of the trial, the witness counts were considerable: approximately 90 for the prosecution, 60 for the civil plaintiffs, 90 for the defence of Raffaele Sollecito, and 65 for the defence of Amanda Knox.

However, a large number of witnesses for both Amanda Knox and for Raffaele Sollecito were removed from the witness listing. Thus the actual number of people testifying was lower than originally expected. 

Here is a comprehensive list I have compiled, made by going through the Massei Report, picking out the witnesses, and noting what they testified about. If I had the information available, I have noted where a witness was specifically called by the defence of either of the then defendants.

Officers Of The Court

• Judges:  Dr Beatrice Cristiani and Dr Giancarlo Massei, the president of the Court.
• Prosecutors: Public Ministers Dr Manuela Comodi and Dr Giuliano Mignini.
• Interpreter for Amanda Knox:  Dr Anna Baldelli Fronticelli.

[above: the two prosecutors]

The Legal Teams:

• For the family of Meredith Kercher:  Francesco Maresca and Serena Perna.
• For Diya “Patrick” Lumumba: Carlo Pacelli.
• For Aldalia Tattanelli (the owner of the house): Letizia Magnini.
• For Amanda Knox:  Luciano Ghirga and Carlo Dalla Vedova.
• For Raffaele Sollecito: Giulia Bongiorno, Daniela Rocchi and Luca Maori.

[above: Amanda Knox’s legal team]

Witnesses

The following is a list of witnesses and a brief note as to the evidence they presented. I am not detailing their arguments here, merely indicating the areas the witnesses were heard in.  For full details of the evidence and the court’s arguments please read the Massei Report in full and the summaries coming up.

• Amanda Knoxtestified while not under oath at the request of her defence and the legal team representing Diya Lumumba.  Her testimony was heard on 12th and 13th June 2009. Raffele Sollecito made a couple of interventions from his seat beside his three lawyers, but he did not get up on the stand.
• Mrs. Elisabetta Lana and her son, Alessandro Biscarini.  They discovered two mobile phones, both belonging to Meredith Kercher (one was registered to Filomena Romanelli, Meredith’s flatmate), in their garden at Via Sperandio.
• Dr. Filippo Bartolozzi - at the time Manager of the Department of Communications Police for Umbria - Dr. Bartolozzi received the mobile phones from Mrs Lana, the first at approximately 11.45 to 12.00hrs on 2nd November 2007, the second at approximately 12.15 to 12.20 hrs.  He traced the first phone to Filomena Romanelli and, at noon, despatched two officers to her address to investigate why her phone was in Mrs. Lana’s garden.
• Inspector Michele Battistelli and Assistant Fabio Marzi - the two officers despatched by Dr. Bartolozzi.  They arrived at 7 Via della Pergola at a little after 12.30 hrs - they found Amanda Knox and Raffaele Sollecito sitting outside the house.  They gave evidence about the circumstances leading up to the discovery of Meredith’s body and with regards to securing the scene whilst awaiting the Carabinieri and Scientific Police.
• Filomena Romanelli who was Meredith’s flatmate gave evidence regarding the phone she had lent to Meredith.  She also detailed when she had moved into the flat at 7 Via della Pergola and the living arrangements.  She told of her plans for the 2nd November and how a worrying phone call from Amanda Knox led to her calling her back and returning to her home earlier than planned.  A key point of Ms. Romanelli’s evidence was her disagreement with Amanda Knox over when Meredith locked her door - Ms. Romanelli stated that Meredith had only once locked her door and that was when she had returned to England for a few days.
• Paola Grande, Marco Zaroli and Luca Altieri - the other young people who were at the property when Meredith’s body was discovered.  Mr. Altieri broke down the door to Meredith’s room.
• Laura Mezzetti - the fourth flatmate in the upstairs flat at number 7 Via della Pergola.  She testified with regards to the living arrangements and also that Amanda Knox is an early riser, a “morning person”.
• Robyn Butterworth, Amy Frost, Sophie Purton and Nathalie Hayward - Meredith’s friends from England.  They testified as to when they last saw Meredith and described the behaviour of Amanda Knox and Raffaele Sollecito at the Police Station in the evening of 2nd November 2007.  They also testified that Meredith had no plans after returning home at around 21.00 hrs on 1st November other than to study and have a rest as they had been out late the previous night and believed that they had classes the next day.  Meredith’s friends did not know of Rudy Guede and had not heard Meredith mention his name.
• Giacomo Silenzi, one of the young men living in the flat underneath Meredith’s flat.  He was Meredith’s boyfriend.
• Stafano Bonassi, Marco Marzan and Riccardo Luciani the other tenants of the downstairs flat.  Along with Mr. Silenzi they testified as to the the interactions between themselves and the girls upstairs, the gatherings they held, the fact that Rudy Guede was known to Amanda Knox.  They testified as to Rudy Guede’s actions at their house.  They gave evidence of having met or known of Raffaele Sollecito and his relationship with Amanda Knox.
• Giorgio Cocciaretto a friend of the young men in the downstairs flat testified with regards to knowing Rudy Guede through playing basketball and having seen him at the 7 Via della Pergola house when both Meredith and Amanda Knox were present.
• Rudy Guede availed himself of his right not to participate in the trial of Amanda Knox and Rafaelle Sollecito.  Judge Massei details Rudy Guede’s involvement based upon the evidence available in order to complete the reconstruction of events of 2nd November as he was charged alongside Amanda Knox and Raffaele Sollecito.
• Marta Fernandez Nieto and Caroline Espinilla Martin - two young ladies living in the flat above Rudy Guede, they testified than on the night of 31st October they had been in the presence of Rudy Guede and that the only girl they saw him dance with was a “blonde girl with long smooth hair”.
• Gioia Brocci from the Questura of Perugia who testified with regards to a trail of shoe prints leading from Meredith’s room to the exit of the flat getting fainter as they went.  Ms. Brocci also testified as to the lack of signs of climbing on the wall below Filomena Romanelli’s window.  She also collected evidence from the bathroom next to Meredith’s room.
• Sergeant Francesco Pasquale testified as to the possibility of breaking into the flat though the window in Filomena Romanelli’s room.  Sergeant Pasquale was a consultant for the defence.
• Maria Antonietta Salvadori Del Prato Titone, Paolo Brocchi, Matteo Palazzoli and Cristian Tramontano testified with regards to previous incidents involving or possibly involving Rudy Guede.
• Edda Mellas , Amanda Knox’s mother.  She testified as to communications with her daughter on the 2nd November amongst other things.
• Antonella Negri a teacher at the University who taught Amanda Knox and who testified as to her diligence as a student.
• Francesco Sollecito, father of Raffaele Sollecito.  He testified as to his son’s character and about his communications with his son.  He also spoke of his son’s relationship with Amanda Knox.
• Antonio Galizia, Carabinieri station commander in Giovinazzo, the Sollecito family’s home town.  He testified that in September 2003 Raffaele Sollecito was found in possession of hashish.
• Jovana Popovic testified as to the presence of Amanda Knox at Raffaele Sollecito’s home at two points in time on the evening of 1st November 2007.
• Diya “Patrick” Lumumba was Amanda Knox’s employer at “Chic”.  He testified that he has sent her a text message excusing her from work on the evening of 1st November.
• Rita Ficcara Chief Inspector of the State Police - to whom Amanda Knox delivered a written statement composed whilst she was awaiting to be transferred to Capanne Prison.
• Antonio Curatolo - Mr. Curatolo testified as to having seen Amanda Knox and Raffaele Sollecito at the basketball court in front of the University (the Piazza Grimana) in the evening of 1st November 2007.
• Maurizio Rosignoli - who runs a kiosk in the Piazza - testified with regards to the timing of buses at the Piazza Grimana thus corroborating times in Mr. Curatolo’s evidence.
• Alessia Ceccarelli - who worked managing Mr. Rosignoli’s kiosk - gave evidence as to Mr. Curatolo’s presence in the Piazza.
• Marco Quintavalle, who runs the shop “Margherita Conad”, testified he had seen Amanda Knox at 07.45 hrs on 2nd November, she was waiting for him to open his shop, she went to the section of the store that had items such as groceries, toilet paper and cleaning products but he did not serve her at the till so could not specify what she bought if anything.  He testified that he knew Raffaele Sollecito as he was a regular customer.
• Officer Daniele Ceppitelli gave evidence with regards to the 112 calls made by Raffaele Sollecito at 12.51 and 12.54 hrs on 2nd November.  In these calls Raffaele Sollecito declared that nothing had been stolen from the flat.
• Nara Capezzali, Antonella Monacchia and Maria Ilaria Dramis gave evidence of unusual sounds and activity coming from the area around 7 Via della Pergola - namely a scream and the sound of running footsteps.

[one of Sollecito’s three lawyers with Sollecito]

Expert Witnesses

• Dr. Lalli, the Coroner, he performed the post mortem and ascertained the cause of death and a “time window” when death was likely to have occurred.  He put the time of death between 20.00 hrs on 1st November 2007 and 04.00 hrs the following day.
• Dr. Domenico Giacinto Profazio was head of the Perugia Flying Squad at the time of Meredith’s death.  He gave evidence regarding the investigative procedures and safeguards including the physical security of the property.
• Dr. Marco Chiacchiera, deputy director of the Perugia Flying Squad also gave evidence regarding the scene and investigation.
• Monica Napoleoni, Deputy Commissioner of the State Police gave evidence regarding the scene and investigation.  She also testified as to Raffaele Sollecito’s desire to remain with Amanda Knox.
• Mauri Bigini a chief inspect at the Flying Squad confirmed the evidence given by Profazio and Napoleoni.
• Armando Finzi a chief inspector at the Flying Squad gave evidence regarding the examination of Raffaele Sollecito’s flat and the collection of the knife which is now termed “the Double DNA Knife” (Exhibit 36).
• Stefano Gubbiotti and Zugarini Lorena confirmed the evidence regarding the search of Raffaele Sollecito’s flat.
• Dr. Giunta from the Scientific Police in Rome directed the detection of latent prints at the scene.
• Dr. Patrizia Stefanoni from the Scientific Police in Rome collected biological trace evidence for analysis.  She also performed the analysis of DNA evidence and testified extensively on all aspects of DNA - from the background science, through the collection and the testing methods employed to the analysis.
• Professor Mauro Marchionni, Dr. Vincenza Liviero and Professor Mauro Bacci, the three consultants appointed by the Public Ministers to analyse the forensic medical evidence testified as to various aspects of Dr. Lalli’s report including the cause of death, timing of death, the sexual assault and the wounds.  They reported on the degree of compatibility of the knife - Double DNA Knife, Exhibit 36 - with the wounds suffered.
• Professor Gianaristide Norelli, the consultant for the civil party, is a forensic police doctor. He testified with regards to the time and cause of death and the sexual assault against Meredith.  He testified as to the degree of compatibility of the Double DNA Knife with the wounds suffered.
• Professor Francesco Introna, a consultant appointed by Raffaele Sollecito’s defence testified with regards to the forensic medical evidence (cause and time of death, the sexual assault). His opinion is that the murder was committed by one person and that the Double DNA Knife was not the weapon used to inflict the large wound on the left of Meredith’s neck.  He hypothesised that Meredith was already undressing at the end of the day when she was surprised by her sole attacker who attacked from behind.
• Professor Carlo Torre, a consultant appointed by Amanda Knox’s defence testified with regards to the same areas as described above.  In his opinion the Double DNA knife was not the knife used to inflict the large wound on the left of Meredith’s neck.  He believed a stabbing from the front was the most likely dynamic, and he saw nothing that would lead him to believe there was more than one attacker.
• Professor Vinci, a consultant appointed by Raffaele Sollecito’s defence, he testified with regards to the stains on the bed sheet -which appeared to be made in blood, outlining a knife.  Professor Vinci also testified with regards to footprints found in the flat.
• Dr Patumi, a consultant appointed by the defence of Amanda Knox, testified with regards to the neck wounds suffered and also with regards to the genetic evidence as detailed by Dr. Stefanoni.
• Professor Anna Aprile, Professor Mario Cingolani and Professor Giancarlo Umani Ronchi, all independent consultants appointed by the judge (GIP) at the preliminary hearing. Professor Aprile testified specifically on the question of the sexual assault, Professors Cingolani and Umani Ronchi again considered the evidence with regards to the cause and time of death and the compatibility of the Double DNA Knife with the large wound on the left of Meredith’s neck.
• Dr. Torricelli, the consultant for Meredith Kercher’s family, testified and gave her opinion on the genetic evidence as detailed by Dr. Stefanoni.
• Dr. Sarah Gino, a consultant appointed by the defence of Amanda Knox, testified and gave her opinion on the genetic evidence as detailed by Dr. Stefanoni.
• Professor Tagliabracci, a consultant appointed by Raffaele Sollecito’s defence, testified and gave his opinion on the genetic evidence as detailed by Dr. Stefanoni.  He also gave evidence with regards to the effects of certain drugs.
• Marco Trotta, Claudio Trifici and Gregori Mirco officers of the Postal Police, gave evidence with regards to the seized computer equipment and also with regards to internet activity at the home of Raffaele Sollecito.
• Mr. Fabio Formenti, the technical consultant appointed by Raffaele Sollecito’s defence - observed the Postal Police’s analysis of the computer equipment.
• Dr Michele Gigli and Dr. Antonio D’Ambrosio, consultants appointed by Raffaele Sollecito’s defence, testified with regards to the computer and internet evidence.
• Chief Inspector Letterio Latella gave evidence with regards to mobile phones and how they pick up signals from base stations which cover certain areas, he also testified with regards to the call records of the mobile phones of the defendants, victim and others.  He detailed how a connection to the network was picked up by the base stations and how the location of the phone can be approximated through knowing which base station was used.  He was able to tell the court which connections to Meredith’s two phones were made from her own flat and which from Mrs. Lana’s garden.
• Assistant Stefano Sisani provided evidence with regards to both landline telephone services and mobile phone services.
• Bruno Pellero an engineer appointed by Raffaele Sollecito’s defence to give evidence with regards to telephonic communications.
• Dr. Lorenzo Rinaldi, Principal Technical Director of the State Police, director of the three sections which compose the Identity Division of the ERT, gave evidence regarding shoe prints and footprints (including those highlighted by the use of luminol.
• Chief Inspector Pietro Boemia, who worked alongside Dr. Rinaldi.
• Chief Inspector Claudio Ippolito a consultant who reported on shoe prints - appointed by the public minister.

[Background: the Judges and jury (lay judges) for the trial]>

Friday, July 09, 2010

Third Of Three Excerpts In Italian from LA7 Program On Meredith’s Case

Posted by True North

Again, thanks to TJMK poster Cesare Beccaria for the video links. We posted some background last Friday.

This is the interview with Rudy Guede’s defense lawyer Walter Biscotti, and the continuation of the re-enactment of the crime - warning: it is very jarring, with graphical shots of Meredith’s room after the crime, and then three figures running and two later kissing.

Walter Biscotti claims to the LA7 reporter Andrea Vogt that Rudy Guede entered the house with Meredith, they talked for a while, and then they had consensual sex. Rudy later goes to the bathroom.

He hears Amanda’s voice enter the house. He hears an argument over money between Meredith and Amanda. While listening to his iPod Rudy hears a loud scream.

When he enters Meredith’s room, he sees her bleeding and tries to stench the flow of her blood with a towel. Rudy hears two people outside the house running away, and he also runs away.

Mr Biscotti cannot explain the damning evidence of Rudy found on the pillow under Meredith’s body.

*************

Inserted by Peter: We have been told that Biscotti was trying to claim sexual intimacy not sex. Apparently there is some difference. Please read the following paras by True North in that context. Judge Micheli didnt believe ANY claim of intimacy at Guede’s trial, so Biscotti is contradicting the Micheli sentencing report without making that clear. There is ZERO proof of intimacy, and the claim is ugly and highly disrespectful to Meredith and her family. Biscotti should withdraw it.

*************

The sex claim is old, totally improbable, not born out by any facts in evidence, or by the timeline, Meredith’s moral disposition, or her known plans for the second half of that evening. These were to complete an assignment, and then, since she had been up late the night before (Halloween) to get plenty of sleep.

Meredith never - NEVER - had casual sex and she already had a boyfriend (then traveling) who lived in the apartment down below. Even Walter Biscotti may conceivably be repulsed by this line of defense, but he seems to have no other way of placing Guede legitimately in the house, or explaining the signs of Guede having been involved in a sexual attack on Meredith.

Many have pointed out that it seems a severe weakness of the rather soft-line Italian system that Rudy Guede’s defense can continue to make such offensive claims about a victim, make no confession, offer no full apology, and still emerge with a sentence of only 16 years. Meredith’s family and friends are very ill-served by this, and it fuels a dishonest line by Knox’s supporters. 

Mr Biscotti does strongly finger Amanda Knox by name and one other person who everyone watching would take to be Raffaele Sollecito. The lone-wolf theory, also totally improbable, is not even mentioned here. Nor are the claims by convicted baby-killer Mario Alessi that Guede said he had two other accomplices.

There is of course no huge outcry among Italians over the “wrongful imprisonment” of their fellow Italian Raffaele Sollecito. People in Italy followed the trial in far more depth than they could in the UK or US, and they are not susceptible to any blown smoke, almost certainly including the nasty claims Biscotti makes.

Thursday, July 08, 2010

Second Of Three Excerpts In Italian from LA7 Program On Meredith’s Case

Posted by True North

Thanks to TJMK poster Cesare Beccaria for the video links. We posted some background last Friday.

This is the interview with Knox defense lawyer Luciano Ghirga at his law offices in Perugia, plus a fleeting but telling reenactment.

When the LA7 reporter Andrea Vogt asks Mr Ghirga to explain Amanda’s version of events, he emphatically responds that throughout the trial Amanda has been painted as a liar.

He says that Amanda stayed and never left Sollecito’s house between 5:00 pm and 10:00 am the next morning. He disputes the eye witnesses who claimed to have seen Amanda at the convenience store, and at the piazza above the house with Sollecito around 11:00 pm.

When Ms Vogt asks Mr Ghirga what he thinks about the quality of the evidence, he raises the fact that the bra clasp wasn’t retrieved until 46 days later. He believes the bra clasp evidence was contaminated because it had moved from its original location.

Andrea Vogt says to Mr Ghirga: “You always argued that there was only one perpetrator”. He responds that the trial forensics experts never ruled out the possibility that all of the body wounds, including those on Meredith’s neck, mouth and knees, could have been committed by one person.

**********

Note that in this interview Mr Ghirga never states that Sollecito never left his house that night. He only mentions that Amanda never left that house. In line with the observations of our poster Cesare Beccaria that the defenses rarely give the other defenses any breaks, and often make things more difficult for them.

Both the Micheli sentencing report for RG and the Massei sentencing report for AK and RS conclude that the wounds on Meredith with two knives and the sexual assault HAD to have been done by more than one person, and that dozens of evidence points confirm this.

And Mr Ghirga’s arguments at trial that Knox never left Sollecito’s house were very weak - and undermined by Knox herself and by Sollecito. Even the few straws he grasps at seem to be floating out of reach.

Tuesday, May 18, 2010

How Each of The Three Subtly But Surely Pushed The Other Two Closer to The Fire (Part 4 of 4)

Posted by Cesare Beccaria

My previous report appeared here. In January 2009 the trial of Knox and Sollecito sees its first session. In February 2009 the prosecutor calls Rudy Guede to testify in the trial of his presumed accomplices.

A year earlier, Guede had said, on several occasions, that he wanted to have a face-to-face confrontation with Sollecito. This time, on the contrary, he says that he will be “mute” until his appeal, although he could “say some heavy stuff regarding the two defendants, but first I have to defend myself.”

All the attorneys conveniently keep their client off the stand, except for Amanda, who does a fairly decent job. Guede is not put on the stand and no confrontation was allowed by his lawyers. Sollecito is conveniently kept on the sidelines throughout the trial except for a couple of interventions. All their words were filtered by their lawyers.

On 4 April 2009 Guede is again called to testify at the trial in Corte D’Assise, andt he exercises his right to silence. From February to December 2009 the three attorneys play their game in Court, both in the Guede appeal and in the Knox-Sollecito trial in the Corte D’Assise.

Everything they said is documented in the trial transcripts and their reciprocal accusations went on and off until the last days in the Corte D’Assise.

As we have already seen for Rudy’s trial, during the closing statements the explicit accusations re-emerges with great strength (“the only guilty person is Guede, while Raffaele must be acquitted”, says Mrs. Buongiorno) and then the ceasefire kicks right back in again, right after the trial.

In mid-December 2009 a fourth Porta a Porta program discusses the murder of Perugia.

The previous week Amanda Knox and Raffaele Solecito have been found guilty of the murder, and now Guede is waiting for his verdict on appeal.

On this program the attorneys continue with their veiled reciprocal accusations, but without being direct and too explicit. More than a ceasefire, it’s an armed truce.

Amanda Knox’s attorneys were not present on the program, but Amanda was represented by Mrs. Sabina Castelfranco, the correspondent for CBS. This time she timidly tries to venture into the usual American media propaganda and lies regarding this case, but she’s regularly contradicted, and on certain occasions even ridiculed.

Sollecito’s father is present in the studio. His father talks about the innocence of his son, and only of his son, without mentioning anything in defense of Amanda. “My son was not at that house….  Curatolo could not have seen my son because he was at his house”. He says that if Raffaele was present at the crime scene he would have helped Meredith, and so on.

The host Bruno Vespa asks Sollecito’s father why did Amanda accuse Patrick, an innocent man? Francesco Sollecito responds “You are giving me a hard task, that of being not only the defender of my son but also of Amanda Knox”.

Giuseppe Castellini, director of the Perugia newspaper Giornale dell’Umbria, says that this trial has a logic, and such logic emerged from the various judges in 2008 up to Judge Micheli (GUP) that charged them with the crime.

The judges had said that more than one person committed the crime.

“Clear elements prove than more people were involved”. There’s physical evidence at the crime scene of more than one person. Two witnesses heard the screaming and more than one person leaving the house. The GUP had asked “Who are these people?” and Castellini concludes that “all clues and all circumstantial evidence lead to only two people and to no one else”.

“This is the weird thing”, says Castellini. “Everything leads to Amanda and Raffaele. There is not a third person….  Defense then rightly tries to dismantle such pieces of evidence one by one, but this is in essence the story of this trial”.

The host Bruno Vespa asks Guede’s lawyer Biscotti “You claim that the killers are Amanda and Raffaele?” Biscotti responds: “No, actually it is the Court that has decided on first instance that Amanda and Raffaele are the killers”.

The discussion rotates around Rudy’s role and statements.

We know that Rudy Guede never took the stand at either trials and only gave a spontaneous declaration that doesn’t require any questioning on the part of the prosecutor. In court, Rudy said: “I heard the voice of both Meredith and Amanda and they were arguing over what Meredith had already told me: the money that Meredith was missing”.

Rudy says he heard Meredith saying to Amanda “We need to talk”, and Amanda responding: “What’s happening?” In his declarations in Court Guede does not mention Raffaele (as he had previously done out of trial) but merely states that he was assaulted by a young man, in a time span of few seconds, and couldn’t recognize him. (Note that in previous statements he had said that the struggle lasted few minutes and that the assailant was Raffaele).

Vincenzo Mastronardi, a criminologist hired by Guede’s defense, repeats what Rudy told him: “I heard the bell. I heard it was Amanda. I heard Meredith say “˜we need to talk’”. Bruno Vespa asks him: “Did he only hear Amanda?”, and he responds “Yes, he only heard Amanda”.

Then Mastronardi explains his discussion with Guede. He asks him “Did he have glasses? He responded “˜no’. Did he look like Raffaele Sollecito? He responded “˜I don’t know, he might look like him but I am not certain’. “˜All I am certain of, is that the voice was of Amanda’ “.

This is interesting: why does Guede confirm that Amanda was in the house, but does not confirm - in December 2009, just a few days before his verdict on appeal - that Raffaele was also in the house?

Why has he been accusing Raffaele since March 2008 and now, just before his verdict on appeal, he says (or rather, his consultants say) that he’s certain about Amanda but not of Raffaele?

Do Guede’s attorneys fear a wrong move by Sollecito’s attorneys, while being confident about Amanda’s attorneys?

At this point the host Bruno Vespa starts a heated argument with the criminologists, claiming that it is not possible that Guede could have not recognized the assailant. “Come on, you’re a criminologist” says Vespa, “you know that anyone could easily recognize the face of the person that is wielding a knife in front of you….  You have to agree that this is an element of objective fragility” he adds.

Paolo Crepet, a psychiatrist, notes that originally Rudy’s version was kind of different. “Rudy talked to his assailant. He was threatened”.

Rudy’s attorney intervenes “No, you remember wrong”. Bruno Vespa also intervenes and says to Biscotti “Wait, you must admit that there is plenty of incongruence. They didn’t give Guede 30 years for nothing”. Biscotti responds “They sentenced Guede just like they sentenced the other two”.

On the timing of the murder, Bruno Vespa asks if it is true that Guede talked about 9:00-9:30PM.

Here the attorney of Guede gives an inaccurate response that was not picked up by anyone in the studio. He says that Rudy said that the murder happened at a later time. “He didn’t have a watch, therefore he didn’t know the exact time [of the murder], but it was certainly very late”, says Biscotti.

This is incorrect. Guede has said, at the beginning and on a couple of occasions after, that he entered the house with Meredith at 21:00 and that he heard the screaming at 21:20-21:30. So why is his attorney now saying that Guede testified that the murder happened much later? Why did no-one in the studio intervene to contest his statement?

On the forensic tests, Bruno Vespa says that “Non-repetitive testing must be done, by law, with the presence of all parties, otherwise they are not valid”.

The lawyer for Meredith and her family, Maresca, responds “All tests are not disputable, since all attorneys and their consultants were notified on the time and date of these non-repetitive tests”.

And in fact no one from the defenses showed up. By law, if they are notified and don’t appear for the testing, the results are perfectly valid. Defense attorneys chose not to be present, although notified and invited, because that was seemingly part of their defense strategy.

Regardless of the outcome of those non-repetitive tests, it would have been strategically preferable to avoid being present, because if the results were favorable to their client, that would be fine. And if the tests went against their clients, they could always claimed contamination at a later time.

On 4 March 2010 Rudy Guede, following the public release of the Motivazione against Knox and Sollecito, said: “chi sa’ parli” (“those who know must speak”).

On 6 March 2010 Rudy Guede writes a letter to Mediaset following the appearance on the scene of Mario Alessi, a child murderer serving a life sentence, who was claiming Guede divulged that he was alone at the house with another accomplice. Guede ends his letter by saying that the “horrible assassination” of Meredith was done by Amanda and Raffaele.

The court reached their decisions based on testimony and evidence from the night presented at trial. Everything else, including diaries, phone calls from Germany, cartwheels and media gossips, was totally irrelevant to the judges.

Formally, Guede’s accusations of the two accomplices must be dated from March 2008, but we know very well that the reciprocal accusations started on November 2007 and they went on for the entire two trials.

Except for Amanda, the attorneys have strategically avoided their clients from taking the stand and responding to questions, confrontations and cross-examination. Raffaele never spoke one word, except for spontaneous declarations. Guede was kept silent throughout the two trials, despite various promises of “speaking out”.

The prosecutor asked to have Guede on the stand for questioning, but he always exercised his right to silence and, as the Massei Report states on page 389 “The defense of Knox and Sollecito did not give their consent to admitting Guede’s declarations”. This is very indicative of the trial strategy adopted: avoiding their clients to pronouncing one bad word and avoiding putting them face to face with each other.

Now for some conclusions.

There is a lot of “I don’t remember” in this horror story. Rudy doesn’t remember the face of the aggressor, but then slowly, but progressively, his mind begins to function and, at appropriate moments, he remembers his name and that of his friend by the door.

Amanda doesn’t remember if she went to Via della Pergola with Lumumba, nor if Raffaele was with her. She doesn’t remember what she did at Raffaele’s house for the entire evening and night, but then she meets a nun in jail that restores her memory.

Raffaele also has a hard time remembering what happened in those few hours. He doesn’t remember if he was home alone or if Amanda was with him. Then he changes his statement but still doesn’t remember if Amanda left and, if she did, at what time she returned.

Can cannabis give such effects in exactly the time frame in which a young woman is being brutally murdered? Why did only three people out of 84 interviewed have this incredible amnesia?

As the journalist of Corriere della Sera, Fiorenza Sarzanini, said: “the arrests happened when they were saying things like “˜I was there with Patrick but can’t remember if Raffaele was also there’.

And Raffaele saying things like “˜I was at my house all night, but I don’t remember if Amanda was with me the entire time’”.

All three have lied several times, lost their memory but then slowly regained it, and changed their stories in order to fit new information as it became progressively known.

But most importantly they all have accused each other from the very beginning.

Not only the appellate judges of Rudy Guede’s trial but even Judge Micheli in Guede’s trial of first instance said that “The defendants, more or less explicitly, have intended to defend themselves by accusing each others.”

And that Rudy Guede “was there and he knows very well what happened”

“We might think that he remains firm on his unsustainable positions in order to cover up for someone, but on the contrary” says Judge Micheli, “it was from the very beginning that he chose not to involve others, and then he changed his attitude when he understood that other people were abandoning him to his own destiny”.

It should also be considered that the defense of Amanda Knox and of Raffaele Sollecito have called to trial only those witnesses that would testify against Rudy Guede and have requested only that police carry out more investigations on Guede.

Also, the Massei Report states that the defenses of Knox and Sollecito have at the end of it all “explicitly indicated Rudy Guede as the sole perpetrator of the criminal acts against Meredith Kercher”.

Rudy’s original story of the events was so ridiculous that no one could have possibly believed him. And no one did.

Despite this, he avoided naming his presumed accomplices directly, but chose instead, from the very beginning, to imply their involvement through his writings and his threats, while waiting for the appropriate time to formally accuse them of the murder.

“Guede kept quiet for as long as he could” said the Court of Appeal “because, given the deep connection of the events, accusing Amanda and Raffaele would have exposed him to their very probable retaliation”.

The court said all three should have explained what had happened in that house on the night of the murder, “at least for a sense of human compassion toward the poor victim”.

Instead, they “preferred to cram their statements (made on several occasions) with lies, reticence, half-truth, allusions, improbable occurrences and by more or less veiled reciprocal accusations”.

This is my final report. Ciao from Rome, and thanks.