Category: The defenses

Saturday, October 10, 2009

Trial: Further Expert Examinations Denied - The Report From Nick Pisa

Posted by Peter Quennell

Excerpts from Nick Pisa’s report in the UK’s Daily Mail.

A judge last night rejected defence requests for an independent review of evidence in the Meredith Kercher murder case.

The decision means that a verdict in the trial will come by early December as an independent review could have taken up to a month delaying the decision….

Yesterday lawyers for Knox and Sollecito argued that the review should be held because of errors in the police investigation and the way evidence was collected.

Key to the case is a 30cm black handled kitchen knife on which DNA from Knox was found on the handle and that of Meredith on the blade.

Prosecutors say the knife, which was found in the kitchen of Sollecito’s flat, is compatible with the murder weapon - which has never been found.

Knox’s lawyer Carlo Della Vedova said that too many discrepancies had emerged in the examination of the knife by forensic scientists….

Sollecito’s lawyers had also asked for a review of a bloodied bra clasp found at the scene which had his DNA on it.

They pointed out that the clasp had been found during an initial police search in one point and then ‘lost’ for six weeks before being found else where in the room….

Prosecutor Giuliano Mignini had argued that: ‘There is no need for a review as the evidence was gathered in a very professional way by qualified persons.’

In his ruling judge Massei said: ‘The court has heard from several consultants who have brought several elements and which rule out the need for any further proof.’...

As the judge read out his decision Knox, who earlier had been laughing and joking with guards, closed her eyes and looked upwards.

Sollecito rubbed his eyes and was in tears as the decision would seem to indicate the court has already made up its mind over their guilt.

Friday, September 25, 2009

Trial: Today And Tomorrow Are To Be The Final Two Days Of Defense Testimony

Posted by Peter Quennell

Click above for La Nazione’s story in Italian. In brief:

The court timetable for today and tomorrow provides for the testimony of the last four witnesses listed by the defense. They are to be another coroner, a neuropathologist, a geneticist, and a computer expert.

There will be court hearings on 2 and 3 October for more expert examination of the prosecution’s evidence. It is virtually certain at this stage that the defenses will ask for a new report on the traces of DNA on the knife considered as the possible murder weapon.

It should then be clearer when the verdict can be expected. It could be several months away, which pushes the date past the date (November 18) set for the start of Rudy Guede’s appeal.

A comment here. As we have observed several times previously, requests for more time for more examination of evidence is really a high-risk strategy by the defenses. If Guede decides to sing and actually tells the truth, all of that would get ported straight over to the Knox and Sollecito trial.

This is posted at mid-afternoon Perugia time and there is still no English-language report out for today and only two brief Italian-language reports. In the circumstances, we will have to wait a few hours, possibly though to tomorrow, to post a wrap-up report for today.

Added: The Associated Press now has this report out on the morning’s testimony.

The woman accused of murdering British student Meredith Kercher in Italy may have have been confused about what really happened because of stress, a doctor has told her trial.

American Amanda Knox gave conflicting statements to police in the wake of 21-year-old Miss Kercher’s death in Perugia, Italy. Neurologist Carlo Caltagirone was giving evidence on behalf of Knox, who is on trial with her former boyfriend Raffaele Sollecito….

Dr Caltagirone told the court that Knox was under stress after long police questioning, which might have led to her confusion. “To be questioned for long hours in a foreign country without fully realising the situation one is in… can lead to a lot of stress,” he said.

Knox initially accused Diya Lumumba, a Congolese man who owns a pub in Perugia where she worked, of being the killer…. Knox, 22, of Seattle, Washington, has since maintained that she spent the night of the murder at Sollecito’s house.

Saturday, September 19, 2009

Trial: Defense Returns To Weapon While Most Of Prosecution Case Still Not Contended

Posted by Peter Quennell

Journalists were asked to leave the courtroom today during a weak repeat of the contention that the large knife was not THE weapon.

But the prosecution had already indicated months ago that they believed at least one other knife was involved.

Click above for Nick Squires on one report from the press room outside the court.

The black-handled knife, with a 6.5 inch long stainless steel blade, was shown for the first time to the court in Perugia where the 22-year-old American student and her Italian ex-boyfriend, Raffaele Sollecito, 26, are accused of sexual assault and murder.

A court official brought out the knife in a shallow white cardboard box marked “Evidence ““ handle with care” and showed it to the judge and eight jurors.

Miss Knox, of Seattle, who was wearing blue jeans and a red sweatshirt with a Beatles design, appeared impassive as the purported murder weapon was shown during the testimony of a forensic expert, Prof Giancarlo Umani-Ronchi.

She looked away when police photographs of Miss Kercher’s bloodied body were projected onto a giant screen in the courtroom.

Mr Sollecito, in a white jacket and rimless glasses, bit his fingernails as the alleged use of the knife in the killing was discussed by experts and lawyers.

A forensic consultant, Mariano Cingolani, said that of the three wounds on Miss Kercher’s neck, at least one was not compatible with the size and dimensions of the knife.

“Many other knives in general are more compatible with that kind of wound,” said Prof Cingolani. The wound was too narrow to match the knife, he said.

He added, however, that no firm conclusion could be drawn without knowing the exact angle of Miss Kercher’s neck, or the elasticity of her muscle tissue…

The former lovers, who could be sentenced to life in prison if found guilty, looked tired and nervous.

So there is a question mark over the role of the large knife but again, nothing definitive. No defense attempt to prove that no other knife was used.

Meanwhile, whole other universes of very damning prosecution evidence against Sollecito and Knox remain uncontested, like a herd of elephants in the room.

For example the very damning mobile calls.  And also the highly confused alibis.

Tuesday, September 15, 2009

New York’s The Daily Beast Reports Knox’s Lawyers Preparing Her For A Guilty Verdict

Posted by Peter Quennell

[click above for a larger image]

Barbie Nadeau reports on the fallouts from yesterday.

On a mistrial for the withholding of some of the DNA evidence.

Denied their request for a mistrial due to mishandled evidence, Amanda Knox’s lawyers promise “bombshells” in the murder trial””but prep her for a guilty verdict….

The defense requested that the indictments against Knox and her co-defendant, Raffaele Sollecito, be thrown out””essentially asking for a mistrial…..  But the request proved futile.

After more than an hour of deliberation, the judge ruled that the trial should go on as scheduled, dealing a crushing blow to the defendants. Even though the defense’s gambit was a legal long shot, the lawyers hoped that, at very least, it might have triggered a mistrial….

Although the defense’s request was denied, they risked nothing by making the request. In fact, the judge’s denial could set the stage for an appeal if the two are convicted. In Italy, an appeal is an automatic part of criminal trials.

And on the down-to-the-wire situation triggered by Guede’s appeal dates.

Rudy Guede, who was convicted for his part in Kercher’s murder, is appealing his guilty verdict, and the race is on now to finish the Knox trial before his appeal begins November 18.

Because his appeal is pending, Guede chose not to testify in this trial, but anything he says at his own appeal hearing can be considered as evidence in the Knox-Sollecito case””and Guede has indicated several times that he was in the house when Kercher died but that he did not kill her.

He has said through his lawyer that Knox and Sollecito were also there that night.

Guede has several times hinted that in his appeal that he will finally tell all. Presumably a self-serving version, but we suspect any confession might be much-hoped-for by Meredith’s family and her Perugia friends.

We have heard conjecture that Guede offered to tell it like it really was at the present trial of Knox and Sollecito but the prosecutors rejected a deal. Perhaps feeling that his proffered version then did not add very much to what they felt was an already-strong case. And seeing no reason why Guede should not serve his full 30 years.

If Rudy Guede does now finally tell all, we sure hope that he does know the meaning of “all”.

Monday, September 14, 2009

Trial: Judge Massei Rejects Feeble Defense Bid To Throw Out DNA Evidence

Posted by Peter Quennell

So the trial has resumed, amid conjecture that it might last for additional months if the DNA evidence is to be independently assessed.

That possibility seems to have disappeared in a hurry. Raffaele Sollecito’s lawyer Giulia Buongiorno (above) made a request that some of the DNA evidence be thrown out.

Judge Massei speedily and very firmly ruled against. He clearly appears to consider the evidence and the procedures that were followed to be sound.

First, the DNA analyses in question were performed in the presence of defense experts, who did not make any comment at the time. And second, no substantive DNA information was wrongly withheld from the defenses and so the defendants’ rights were not violated.

[Judge Massei] added that relevant documents had been made available a month-and-a-half ago, suggesting that defence teams had enough time to review the DNA findings.

Our takes on the DNA component of the case (which our legal watchers say is far from being make-or-break evidence in this case) can all be found here.

Thursday, July 16, 2009

Attitudes Seem Hardening In Italy Against Knox Campaign And Defense

Posted by Peter Quennell

Increasing negativity is now being reported.

Lack of respect for the victim and for the police, investigation, prosecution, and in some respects Italy itself, do seem not to be paying off. Some of our commenters in the posts below suggested that the behavior and attire of Knox’s family in Perugia seemed a seriously wrong move.

Our posters and readers in Italy and the Italian media report pretty much the same perception.  In Perugia amd Italy generally, sympathy and goodwill seem perilously close to empty. Now Newsweek reflects this deteriorated situation.

1) On behavior around Perugia, attire in court, and those photographs.

There should be a basic set of rules when on trial for murder: Don’t antagonize the prosecutor and judge. Dress appropriately in court. Don’t let your family pose for photos in front of the crime scene…

Two weeks ago, Ashley Knox defied the prohibition on minors attending sex-related hearings and had to be removed from the proceedings. Then Deanna Knox showed up in a red, white, and blue ensemble, complete with hotpants, on July 4.

2) On the strength of the case the prosecution presented

The prosecution took five months to make its case, which relied heavily on circumstantial evidence, including Knox’s lack of alibi, her behavior after the murder, and contradictory statements she and her co-defendant, Rafaelle Sollecito, made during questioning.

Newsweek quotes Alessandra Batassa, a Rome-based criminal lawyer who defends murder suspects, as saying that Italian courts have handed down guilty verdicts on less evidence than this. And an unnamed Perugia judge is quoted as saying “Lies can discredit the suspects as much as hard evidence.”

3) On the muddled wrapping-up of the defense part of the case

The Knox-Sollecito defense team plans to wrap up their case this weekend even though they have presented only a handful of witnesses. Knox’s original witness list contained 35 names but defense lawyers have retracted 23.

Sollecito’s chief forensic consultant walked away from the case (and stuck lawyers with a 50,000 euro bill) in May because he disagreed with the defense strategy.

The witnesses who actually testified for the defense caused even more confusion: two forensic scientists placed on the stand contradicted each other. (Sollecito’s expert told the jury that Kercher was killed by a single assailant from behind; Knox’s said Kercher was killed from the front.)

Among the lawyers, chaos reigns: Sollecito’s lead attorney, a parliamentarian in Prime Minister Silvio Berlusconi’s party, has not been in court for weeks, and his other two attorneys have dismantled their joint practice during the course of this case.

4) And on very important prosecution evidence still uncontested

Nobody has testified about Knox and Sollecito’s whereabouts that night. Nor has the defense broached the topic of the mixed DNA in the bathroom the girls shared. Legal experts who follow this case have suggested that blood evidence cannot be dated and therefore could have been left weeks before the murder.

But when Knox testified in her own defense in June, she conceded that there was no blood in the bathroom the day before the murder, effectively dating those blood stains to that night.

Friday, July 03, 2009

Trial: Prosecution Giving Defense Expert Hard Time Over Guede Break-in Theory

Posted by Peter Quennell

Italian media are reporting on a tough cross-examination of a defense expert this morning.

Francesco Pasquali, a former marshall, showed a video to the court, with three simulations of a large rock being thrown through Filomena’s window, and a theory of how a burglar could have scaled the 4-meter wall and entered the room through the window, leaving no body evidence or any blood where the glass was broken.

For the experiment, the consultant explained, a window and bedroom similar to those of the house (same size, same material and same paint) were constructed. Shots were made with two cameras, one external and one internal to the room, which is in same size and the same decor as Ms Romanelli’s….

The prosecution, represented by Giuliano Mignini and Manuela Comodi, presented a number of objections to the thesis of the expert, such as that in the reconstruction of the events the presence of curtains on the window were not taken into account.

The curtains would have presumably stopped any glass fragments from flying into the room.

It is also being remarked that the defense has not, either for-real or in today’s simulation, had anyone actually climb the 4-meter-high wall and enter through the window, and then place the glass fragments on TOP of Filomena’s clothes scattered around the room. 

As Kermit explained there are actually FIVE easier entry-points to the house (1) all more in the dark and less observable from the street, (2) each of which would have required less in the way of acrobatics or walking back and forth, (3) all might have caused no noise or broken glass.

Sunday, June 21, 2009

Trial: Defense Witness Makes A Claim About The Second Knife

Posted by Peter Quennell

Click above for the report from an unnamed BBC correspondent. The key parts are quoted below.

The issues today were the role of the second smaller knife which the prosecution had already proven part of the crime; and the size of Meredith’s room.

The stab wound in the neck of a British student killed in Italy was from a shorter knife than the one thought to be the murder weapon, a court was told.

A coroner said that Meredith Kercher was killed with a 3ins to 3.5ins knife, a lawyer for the Kercher family said. But prosecutors say a 6.5ins knife found at the home of one of the accused matched Ms Kercher’s wounds…

Coroner Francesco Introna was called to give evidence for the defence, according to a lawyer representing the Kercher family, Francesco Maresca.

Prosecutors say a 6.5ins knife found at Mr Sollecito’s house matched the wounds and could be the murder weapon. They also say the knife had Ms Kercher’s DNA on the blade and that of Ms Knox’s on the handle.

As well as questioning the length of the knife, Mr Introna also said that no more than a single attacker could have assaulted Ms Kercher, according to Mr Maresca.

However, when cross-examined by prosecutors, Mr Introna conceded he had never been to the house where Ms Kercher was killed and used forensic data to work out the size of the bedroom.

Mr Maresca said that when the court went to inspect the scene of the crime in April, six or seven people could fit into the room.

The reporting today as the defense launches into its portion of the trial to attempt to rebut the evidence seemed thinner than earlier in the trial.

Friday, June 19, 2009

Trial: Dr Sollecito Testifies About The Human Qualities Of His Son

Posted by Peter Quennell

Click image above for the first brief report from the Associated Press.

The father of an Italian man accused of killing a British student in Italy says his son was never violent and would not “hurt a fly”...

Francesco Sollecito told the court Friday that his son is not violent. He said his son liked to carry “small knives” in his pockets, a habit he picked up when he was younger.

This testimony is of less interest, perhaps, in the UK and the US than the Knox-Mellas testimony coming up. But Italy is following this with some fascination.

Why the interest?

Well, in part because Dr Sollecito and several of his family might come under indictment for interfering with the case.

Added: A quick translation of the testimony from TGCOM

He spoke of “gross errors that are causing his son to be in prison… [He] referred in particular to a shoe imprint attributed initially to his son but then found to be a Rudy Guede print.

“We were always convinced as to the absolute innocence and total strangeness of the allegations against Raffaele. We have been in compliance with the law, to find any way to help him.”

[he] referred to a dossier prepared to show that the scene of the crime was amended by the forensic teams between the first and second visit.

Some images, such as those of the victim’s body were then distributed by Telenorba and that possible illegal action is being investigated by the prosecutor of Perugia for breach of privacy and abetting.

Raffaele pampered Amanda Knox like a baby…. According to the Pugliese doctor “there was a nice story” between the two ex-lovers. “Raffaele talked with Amanda as he had never done with other girls.”

And Nick Pisa reports further in the Evening Standard:

Mr Sollecito, from Giovinazzo near Bari, told the court: “Raffaele told me he had just started a beautiful love story with Amanda. He loved her and he adored her.

“He spoke to me about her in a way that he had never done about other girls. Raffaele had a certain affection towards Amanda.”

Mr Sollecito also told the court that his son had a habit of carrying knives. When he was arrested in connection with the murder a flick-knife was found in his pocket.

He said: “It’s a habit he has had since childhood. He grew up in the country and he always carried a knife. He is not violent, he would not hurt a fly. I had told him not carry a knife around.”

The knife found on Sollecito is not the murder weapon.

Instead, a 30cm kitchen knife found at his house with DNA from Meredith on the blade and DNA from Knox on the handle is said to be compatible with the wounds to her neck.

Mr Sollecito is himself under investigation for leaking material relevant to the investigation to journalists in Bari and defended his actions in court.

He said: “To me and my family it is obvious that some very big mistakes have been made and my son is innocent. He has spent nearly two years in jail for something he did not do.

“Everything I did was in complete respect of the law. Once I saw the film of the scene from the first search after the murder and the subsequent one in December it was clear that mistakes had been made.”

Mr Sollecito also said he knew his son had taken drugs in the past, adding that he had received a letter from police in Giovinazzo advising him about his son’s drug habit.

 

Friday, June 12, 2009

Trial: Sky News Italy Video Of The Defendant’s Opening Statement Today

Posted by Peter Quennell

This is the court CCTV camera feed to the press-room, which is legitimate for the reporters there to capture.