Category: Trials 2008 & 2009

Wednesday, April 22, 2009

Understanding Why The DNA Is On The Knife

Posted by Peter Quennell

[click for larger image]




Our DNA poster Nicki has been careful not to exaggerate the impact as evidence of the DNA on the knife found in Sollecito’s apartment.

She accepts that in the eyes of the court there could be question marks over the size of the sample and the fact that the tests could not be repeated.

However, as the knife appeared to have been thoroughly cleaned with bleach, some remain intrigued that any DNA at all was found.

Here is a short piece explaining why. This article by Juliet Lapidos was posted on the Slate site in November 2007. But we haven’t seen better, and it is still often referred to.

Slate 20 Nov 2007
How To Clean a Bloody Knife: Does DNA come off with soap and water?
By Juliet Lapidos NYTimes Staff Writer

Investigators in Perugia, Italy, have found new evidence linking a 20-year-old American exchange student, Amanda Knox, to the brutal stabbing death of her roommate, British student Meredith Kercher. According to the latest reports, Knox and her Italian boyfriend, Raphael Sollecito, cleaned the alleged murder weapon””an 8-inch black-handled kitchen knife””with bleach. Nevertheless, police discovered Kercher’s DNA on the tip and Knox’s DNA by the handle. Is it possible to clean DNA off a knife?

Yes, if you know what you’re doing. Knox and Sollecito were on the right track: Bleach contains sodium hypochlorite, an extremely corrosive chemical that can break the hydrogen bonds between DNA base pairs and thus degrade or “denature” a DNA sample. In fact, bleach is so effective that crime labs use a 10 percent solution (one part commercial bleach to nine parts water) to clean workspaces (PDF) so that old samples don’t contaminate fresh evidence. Likewise, when examining ancient skeletal remains (PDF), researchers first douse the remains in diluted bleach to eliminate modern DNA from the surface of bones or teeth.
Advertisement

So, why did Knox and Sollecito’s bleaching gambit fail? It’s difficult to swab a knife thoroughly. Dried blood can stick to the nooks and crannies in a wood handle, to the serrated edge of a blade, or become lodged in the slit between the blade and the hilt. With help from a Q-tip, it’s possible to eliminate most stains, but what’s not visible to the naked eye might still be visible to a microscope, and sophisticated crime labs need only about 10 cells to build a DNA profile.

Bleach is perhaps the most effective DNA-remover (though evidently no methodology is failsafe), but it’s not the only option. Deoxyribonuclease enzymes, available at biological supply houses, and certain harsh chemicals, like hydrochloric acid, also degrade DNA strands. It’s even possible to wipe a knife clean of DNA-laden hair follicles, saliva, and white blood cells with generic soap and warm water. The drawback to this last method is that the tell-tale cells don’t just disappear once off the knife. They linger on sponges, in drains, and even in sink traps, where wily investigators search for trace evidence.

There appears to be a great deal more DNA evidence than merely what is on the knife, of course, and early in the trial the known luminol-evidence universe also expanded.

The court was told that AK-sized and RS-sized footprints appeared under luminol on the floor of Filomena’s room.

Nicki’s two Powerpoints on the DNA can be seen here and here and Kermit’s Powerpoint (pre the new evidence) on the luminol can be seen here.

Saturday, April 18, 2009

Trial: Another Objective Report From ABC News

Posted by Peter Quennell

[Images above and below: the lay judges and lawyers tour the crime scene]

Rome-based Ann Wise reports.

1) More on the issue of the second knife.

With journalists unable to attend the hearing, information on what Dr. Bacci said in court today came from lawyers as they emerged from the courthouse and, as always, interpretations differed.

Francesco Maresca, who represents the family of Meredith Kercher, is a firm believer in the prosecution’s theory that the murder was the result of a sex game gone wrong between all three defendants—Knox, Sollecito and Guede. He told journalists outside the courthouse that Dr. Bacci told the court that whoever attacked Kercher first tried to strangle her, and then stabbed her in the throat, possibly with two different knives.

Bacci said that the knife the prosecutors believe is the murder weapon is compatible with the largest and deepest cut in Kercher’s throat but is not compatible with another, smaller wound. This is the first time a witness for the prosecution has mentioned the possibility that more than one knife might have been used…

Maresca also told reporters that according to Dr. Bacci “injuries suggest” that Kercher had probably participated in a nonconsensual sexual act before she died.

Luca Maori, one of Sollecito’s lawyers, told journalists that based on Dr. Bacci’s conclusions, the knife prosecutors believe is the murder weapon is “only abstractly compatible” with the wounds found.

2) And more on the visit by the judges, jury and lawyers to the house - sadly, extremely disarrayed, it seems..

The afternoon was the occasion for the court in its entirety—minus the two defendants, who chose not to attend—to visit the scene of the crime. A small crowd, comprised of the two judges, six jurors and their substitutes, the prosecutors and a bevy of lawyers, gathered outside the charming cottage-with-a-view on the edge of old-town Perugia. On the road just above, another crowd of journalists and photographers and some hangers-on watched as policemen activated a generator (the electricity in the house has been cut off) and opened the door to the house.

“The court looked closely at the inside and the outside of the house,” [Prosecutor] Comodi said. The court spent a good amount of time in the room where the murder took place and discussed the position of the corpse. Carlo Dalla Vedova, a lawyer for Amanda Knox, told reporters the house “was a mess, and it was important that the jurors see this. Amanda’s clothes were thrown all over the place.”

There have been many press reports of bad forensic work and bad handling of the scene of the crime on the part of investigators, and this is expected to be an important part of the case the defense will make. The house where the crime took place has also been subjected to two break-ins in recent months, adding to the sorry state of the premises. The house is in “terrible condition,” Bongiorno said. “The mess made by the searches was compounded by the two beak-ins.”

 

Trial: The Lone Wolf Theory Takes Yet ANOTHER Huge Hit

Posted by Peter Quennell

Judge Micheli devoted many pages to eliminating the possibility that just one perpetrator (a lone wolf) could have carried out such a violent and prolonged crime.

He based his analysis both on the overwhelming signs from the autopsy of a group struggle and the overwhelming signs of a clean-up, which he concluded only Knox would have had a motive for.

The independent consultant, Mauro Bacci, has now testified at trial that there were attempts to strangle Meredith, and that TWO knives were used in the attack on her. The large knife found at Sollecito’s house with DNA on it is compatible with the final, irrevocable blow.

Tuesday, April 07, 2009

Trial: Judges And Jury To Visit House On The 17th - What Can We Expect? EDIT

Posted by Arnold_Layne

[click for larger image]

Having seen and heard the autopsy evidence, the judges and jury will now see the actual crime scene.  What might we expect from this? 

I think this will have an emotional and lasting impact on them.  Until now, everything has been pictures and talk. Seeing the actual site of the brutal murder right after the autopsy information will cement the enormity of the crime in their minds.

For one thing, they will most likely try to reconstruct the crime in their minds.  When might Meredith have eaten mushrooms?  With whom?  What was the sequence of events in the attack?  What was visible from the park?  Where did the sexual assault take place?  The torturous stabbing?  The final thrust to the neck?

The defense will also have to present images that are more consistent with what the jurors have actually seen.  It will be much more difficult for them to create a fuzzy mental picture of someone breaking in when they have actually seen the window.

A question still for me is where the actual attack took place. 

We know it ended in the bedroom.  But why did Knox and Sollecito seemingly spend the entire night cleaning up the common areas?  And if Guede was voluntarily with Mez, why did he not use the bathroom adjacent to her room?  Why was there so little DNA evidence in Meredith’s room after such an epic struggle?

When the jurors leave this murder scene, they will be very different people.  This crime will be much more real to them, and rendering a verdict will no longer be just a civic duty. 

When they next meet in court, I have to wonder what their impression will be of a smiling, carefree Amanda Knox.

Saturday, April 04, 2009

Trial: Witness Rudy Guede Appears On The Stand But Choses Not To Talk

Posted by Peter Quennell

[Ruede Guede at a hearing in September 2008]

Rudy Guede chose to remain silent in court today. The Associated Press reports:

Rudy Hermann Guede, from the Ivory Coast, took the stand in Perugia in the trial of US student Amanda Knox and her former boyfriend Raffaele Sollecito.

Under Italian law, he had the right not to answer as he has been convicted…

Escorted by prison guards, he appeared tense and did not look at Knox and Sollecito.

Guede has acknowledged being in Kercher’s apartment when she was attacked.

He said he tried to rescue her but got scared and fled.

There had been speculation for months that his lawyers were seeking some sort of a deal for Rudy Guede’s testimony at this trial. The stated grounds for his appeal seem weak and, although Prosecutor Mignini only asked for 25 years last October, in fact he was handed 30.

Guede attempted some poetry in prison and it was thought might be inclining to some repentance or remorse - something that for the sake of the Kercher family we would seriously like to see.

Brian posted on Judge Micheli’s very careful assessment of the evidence against Guede and the improbability of the lone wolf theory.

Judge Micheli started from what was found in Meredith’s room, settled on a minimalist motive, and concluded that this was a cruel and depraved murder that had definitely involved Rudy Guede and two others.

At this trial Guede really needed to tell the whole truth and nothing but the truth, or face the kind of slander charges that Amanda Knox has been attracting and a possible six further years in his cell.

He also needed to come out of it looking in some way better. So he passed.

Friday, April 03, 2009

Trial: Knox & Sollecito See Graphic Photos And Video Footage Of The Autopsy

Posted by Peter Quennell

Click above for a report by Richard Owen of The Times (may be behind paywall). This was the description of the defendants

Lawyers at the session, which was held in camera, said that Ms Knox, 21, Ms Kercher’s American flatmate, had refused to look at the footage, keeping her head down and at times burying it in her folded arms on the table in front of her.

Mr Sollecito, 25, Ms Knox’s former Italian boyfriend, occasionally glanced at the screen in the courtroom.

Many other media reports including Nick Pisa’s on Sky News [mostly scrolled away] described this also.

Trial: Andrea Vogt On Forensic Evidence In Closed Court, Knox Calunnia Against Lumumba

Posted by Peter Quennell

Court Session Overview

Andrea Vogt provides another fine report on the trial, on the Seattle PI website.

See below for her report late today on (1) the wound pattern, (2) Knox & Sollecito reactions to the images, (3) gleeful purchase of underwear, and (4) what Patrick Lumumba told the court of his experiences.

Lumumba was the one fingered by Knox as the perp, and it took two weeks to get that charge refuted. Knox is being prosecuted by the Republic of Italy, not by Lumumba, on a calunnia charge. 

1. The Wound Pattern

The first hard forensic evidence to emerge in the Meredith Kercher murder trial—testimony of the coroner who autopsied the slain young Briton—was debated behind closed doors here Friday.

Lawyers emerged to say a forensic expert believes that more than one person may have attacked the British college student.

The decision to close the courtroom—prohibiting the public and press from both viewing video or hearing audio of the crucial testimony—came as a large international conference of journalism was being held just a few blocks away.

The Kercher family’s attorneys requested closure to protect the victim’s dignity, as jurors were shown gruesome photos of the autopsy examination….

Lawyers emerging from the closed session reported a pivotal moment toward the end of arguments when the presiding judge asked the then-coroner, Dr. Luca Lalli, if, after looking at all of the facts before him, he believed Kercher’s wounds were inflicted by more than one person.

He responded affirmatively.

Under cross-examination, defense attorneys asked if he could exclude the possibility that she was killed by a single attacker, and he said he could not.

“Looking comprehensively at all the elements, Dr. Lalli deduced, from a logical point of view, that there were multiple aggressors,” said Francescso Maresca, attorney for the Kerchers.

Specifically, Maresca said Lalli pointed to the nature of the multiple wounds afflicted—more than 23 to her cheeks, neck, legs and palms of her hands—consistent with strangulation, bruising and stab wounds.

Lawyers from both sides seized on parts of Lalli’s testimony that best reflected their case. The prosecution focused on Lalli’s statements that he believed there had been non-consensual sex. Defense attorneys pointed to Lalli’s inability to determine conclusively whether or not Kercher had been raped.

“There is not certainty that there was sexual violence, at least not biological traces to prove that, and a lone aggressor was not ruled out,” said Marco Brusco, attorney for Raffaele Sollecito, outside the courthouse.

2. Reactions Of Knox & Sollecito

Knox and Sollecito were both present during the coroner’s testimony, though Knox turned her head away from the photos and sometimes covered her face with her hands, while Sollecito occasionally looked up.

“She was upset and couldn’t look,” said Knox’s mother Edda Mellas, who spent the day in an adjacent witness waiting area getting occasional updates from English-speaking lawyer on the two-man defense team.

Mellas cannot speak about the case or be in the courtroom because she will be called later as a defense witness. She will return to her teaching job in Seattle on Monday. “I am always torn,” Mellas said. “I want to stay here with Amanda, but I have to go back to work.”

3. Gleeful Purchase Of Underwear

The court was re-opened to the press and public around 4 p.m. to hear the testimony of a Perugia shop-owner who witnessed Sollecito and Knox buy a g-string together in the days immediately after the killing and talk about “going home to have hot sex.”

4. Patrick Lumumba On Criminal False Accusation Of Crime

The last witness, Diya “Patrick” Lumumba, told jurors the harrowing tale of his false arrest in early morning hours as he was warming up milk for his infant son.

“They said ‘Police! Police! Open the door.’ They were agitated,” recalled Lumumba. “They took me in front of my son, handcuffed me and wouldn’t tell me anything, they just said ‘You know what you did.’ I was not beaten, but it was a hard situation.”

Lumumba said that he was later stripped of his clothes at a certain point and left nude facing a wall in police headquarters. The window was open, he said, and it was cold.

Lumumba was arrested after Knox pinned the blame on him during the all-night police interrogation that led to her arrest. He spent 14 days in jail before being cleared of any involvement in the crime. Knox now faces slander charges for falsely accusing him.

On the stand Friday, he told jurors that he and Knox had a good personal relationship, though she was not the best employee. He hired her for 5 euros an hour to work as a waitress, but eventually limited her role to handing out fliers and doing publicity.

The night of the killing he sent her a text message telling her she didn’t need to come to work, to which she replied in Italian, “We’ll see you later. Good night.”

Lumumba said the two did not have an appointment to see one another, but rather, he interpreted the message as the American salutation “see you later,” which can also mean"bye.”

After he was cleared, the pub’s business never picked back up, however, and his financial trouble worsened.

“Everything fell apart. When the pub was sequestered for three months. When it re-opened, well, who would go to a pub run by someone who had been arrested for murder? Of course they go somewhere else. I lost everything.”

Lumumba said the episode also re-awoke terrible childhood memories about the night his politically active father was kidnapped back in Congo (and never seen again). He wakes up in the night worrying about the safety of his toddler son, said Lumumba, who an Italian court recently awarded 8,000 euros for false imprisonment.

Trial: Agenda Is Closed Court For The Autopsy Report, And Maybe Testimony From Guede

Posted by Nicki

What We May Expect In Court

Part of the Friday court hearing will be closed for the autopsy evidence.

A just decision on the part of the Italian Court, and a due act of respect for Meredith and her grieving family.

The murderers didn’t “simply” stab her. She was sadistically tortured before she was left to die, in a locked-up room, without her mobile phones, and thus robbed of even the slightest chance to call for help.

The medical findings that I have actually been able to get through in Judge Micheli’s report (itself toned down from the autopsy report) are truly shocking.

Multiple bruises were found on the face and jaw-line - at least eight - in a clear attempt to muffle her screams. There were more bruises on her elbow and arm, all ranging from 1 to over 4 cm diameter (up to a bit less than two inches).

The genital area was also bruised, as well as her leg and her hip. Multiple bruises and scratches were found on her neck, plus four cuts on her hand. Someone DESPERATELY fighting not to be raped - and then for her life.

I can only pray that the medical examiner evidence on Friday will not reveal additional horrific details that we are not aware of from the Micheli report.

All of the above is very far from suggesting a “consensual” intercourse, as the Guede defence tries to claim.

And by the same logic, the medical findings unequivocally indicate that the murder was committed by multiple aggressors.

So, unless Rudy Guede is a four-armed God Vhisnu, and therefore able to silence Meredith’s screams with one hand, wave a knife to stab her neck with the other, and at the same time try to rape her, the logical conclusion is that the attack was carried out by more than one aggressor.

Perhaps the other attackers were not Mr Sollecito and Ms Knox, and if they are able to prove that in Court, good for them. But so far, there are two unassailable truths: Meredith had been savagely raped and killed, and Guede sure didn’t do it alone.

The smiling portion of the trial will probably be behind us now, after this demonstration of just how depraved Meredith’s death really was.

The court will be re-opened to the public when Carlo Maria Scotto di Rinaldi, who owns an underwear store where Knox was seen buying lingerie with Sollecito shortly after Meredith was killed, takes the stand.

Point is to describe even more of what was apparently a cold and uncaring demeanor on the part of the defendants.

Wednesday, April 01, 2009

The Steel Stairs That Suspiciously Clanged On The Night ADD SHOT

Posted by Peter Quennell

[click above for the series]

Neighbor and witness Nara Capezzali has testified that she heard feet running across the top deck of the parking facility and up some steel stairs.

Despite some truly absurd claims to the contrary we believe every word of this testimony.

Click here for a series of images of the route Ak and RS appear to have followed.

The top of the parking facility at night is well, deathly quiet. You can hear anything that moves. And those steel stairs are so noisy, you would think they had been designed as a giant musical instrument.

Because of something the witness in the park said, we think it was TWO sets of feet: Knox’s and Sollecito’s. What the witness in the park said was that Knox and Sollecito approached the park from the street ABOVE the park.

And also, two witnesses have confirmed that it was Rudy Guede who ran up the stone steps alone, and bumped into one of them.

Across the deck, up the steel stairs, through the arch, up the street, past the gelateria, and down a few of the stone steps to the park.

About a half of a kilometer or a quarter of a mile in total.

By the way, from the point by the arch up the street and down the stone steps, this is the route that MEREDITH also followed that evening, not long before, on her final way home from the English girls’ place.

Monday, March 30, 2009

The Locations That Various Witnesses Have Been Talking About EDIT ADD SHOTS

Posted by Peter Quennell

Click above for the full series, all shot within 300 meters of Meredith’s house.

Four witnesses on Friday, three on Saturday, and several previously have testified that they saw things in these areas.

This shot above is where Sollecito and Knox may have been seen sitting on a low wall on the night. Near the railing there is a good view down to the gate of the house.

As with all our shots on TJMK, these will expand when you click on them.