Category: Evidence & Witnesses

Friday, November 20, 2009

The Summations: More On How The Prosecution Launched Forth - And On Possible Motive

Posted by Tiziano

[Above: The two prosecutors today - click for larger image]

The TGCOM news service quoted this statement on the theory of the motive.

“Amanda Knox harbored hatred for Meredith… and so it was time for revenge rather than flirting….” According to the prosecutor Amanda wanted revenge on “that girl who was only with her English friends, and who reproached [Amanda] for her lack of cleanliness.” Thus was set under way “the calvary of Meredith.”

And this report from Umbria Journal adds details to the description posted below from Il Mattino

PM Giuliano Mignini spoke of a “unique event” of a trial which has “involved three continents”, opening his summing-up address in the trial of Raffaele Sollecito and Amanda Knox.

“A media trial in which the elements which emerged in court largely vanished,” the magistrate affirmed. “Detectives in search of notoriety, writers, bloggers, and mystery writers alternated with one another in a sort of parallel trial. But the trial is taking place only in this court room.”

Rudy Guede has been the “convitato di pietra” [literally, silent guest] in the trial of RF and AK according to Mignini. “In a way he has always been present,” the magistrate said referring to the Ivorian, already condemned to 30 years in prison by fast-track trial for complicity in the murder of Meredith Kercher with the two young people.

“Supporters of Sollecito and Knox” Mignini stressed “don’t stop at proclaiming their innocence, but they accuse him [Guede] too. They say that they were not at the crime house, but they also say the assassin is Guede. The accused wanted to create a parallel trial without his being able to defend himself.”

The PM then claimed that the breaking of a window in the bedroom of one of the Italian housemates of Knox and Meredith Kercher carried out according to the prosecution to mislead the investigations “is the special key to the event and the mystery. If it was simulated, as is evident, the authors are Knox, and Sollecito who always followed her. And the objective was to turn away suspicion.” The magistrate defined the break-in as “the nail on which the defences of the accused are hanging.”

“A nail” he averred “which has fallen down noisily and with it the the defences.” For Mignini the theft was simulated “from the inside, by someone who wanted to turn away suspicions and maybe direct them towards Rudy.”

Amanda Knox “knowingly accused an innocent man”... The reference is to Patrick Lumumba who, however, he did not expressly name, involved in the investigations of the murder of Meredith Kercher through the statements to the police of the young American and then absolved of any wrong-doing (he has actually nominated as a civil complainant against the American who is accused of defamation against him).

“Amanda” the [prosecutor] stressed “did not lift a finger while he was languishing in prison. Neither she nor her mother who was in her confidence. And what a coincidence” Mignini continued “it was a matter of a coloured person like Rudy”

 

Saturday, October 10, 2009

Trial: Further Expert Examinations Denied: The Report From Andrea Vogt

Posted by Peter Quennell

Excerpts from the report of Andrea Vogt (above) in the Seattle P-I.

An Italian jury rejected Amanda Knox’s multiple requests for an independent review of contested evidence Friday, bringing the end in sight to the Seattle student’s contentious murder trial….

Lawyers for Knox and Sollecito, asked the court to approve an independent review of several contested pieces of forensic evidence, most notably the kitchen knife with Knox’s DNA on the handle and what prosecutor’s argue is the Kercher’s on the blade, and a bra clasp with Sollecito’s DNA.

Knox’s lawyers also asked for a review of the luminol-enhanced footprints, the mark on the pillowcase that the prosecution argued was a woman’s shoeprint, but which the defense argues is simply a bloody crease, and several other traces of DNA found in the flat Knox and Kercher shared….

The Kercher family’s attorney, Francesco Maresca of Florence, argued, however, that the court already had plenty of material to review. “We all know that in all trials of this nature there are different analyses of forensic evidence made by the various expert witnesses,” he said. “The court must now consider the seriousness and integrity of the experts’ testimony.”

Prosecutor Manuela Comodi went a step farther, saying while she did not believe a review was necessary, she would she would “almost be pleased” to see the results with regard to the prosecution’s footprint expert analysis.

The eight-member jury, which includes two professional judges, flatly rejected all defense requests at 9:30 p.m. after deliberating just under two hours.

Immediately after the judge’s announcement, Sollecito bowed his head and briefly wept, as lawyers began haggling over court dates for closing arguments.

Knox glanced worriedly at her lawyers, who patted her on the back and insisted confidently after the hearing that the outcome was not unexpected, nor necessarily negative for their client…

“This doesn’t change anything,” said Knox’s Perugian attorney, Luciano Ghirga. “We wanted to clarify the evidence, but obviously the judge doesn’t feel he needs additional information. We are ready to argue.”

The judge was careful to note that the jury’s decision did not indicate a presumption of guilt and left open the possibility that the court could call for additional review of evidence after closing arguments and before a verdict.

Nonetheless many court observers expressed surprise at the fact that the jury chose to not review even a single element of the controversial forensic evidence. For Knox, however, the complete rejection of a third-party review could have a silver lining—effectively positioning her better for an eventual appeal.

Our legal watchers doubt the validity of that last remark - that somehow the judges and the jury have messed up here, and that this is a get-out-of-jail-free card for Knox’s and Sollecito’s appeals.

They note that Italy has a “smart jury” system which is encouraged to take a very broad birds-eye view of the case. The multi-alibis testimony and the mobile-phone testimony and the eye-witness testimony and the various mixed-blood traces and the various bloody footprints are considered almost impossible to account for if the defendants are in fact not guilty. The DNA on the knife and the bra-clasp are not make-or-break issues in this case and never were.

The sleeper in this trial of course as in the Rudy Guede trial is the huge and very detailed report that the judges must prepare and release within three months of their verdict. The astounding level of profesionalism of those reports - unique in the law world - leaves American lawyers in real awe.  In the case of Guede, the report by Judge Micheli was absolutely damning.

If the verdict here also is guilty, those unconvinced by that report will probably all fit neatly into one Volkswagen.

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.

Thursday, October 08, 2009

Newsweek’s Barbie Nadeau Has A Really Vital Piece On How The Evidence Stacks Up

Posted by Peter Quennell

And,  in short, it is ominous.

Click above for the full report. This really IS vital reading. A few key excerpts as follows.

Evidence: Rudy Guede

Who it hurts: Knox and Sollecito

Rudy Guede is the 24-year-old Ivory Coast native convicted in a fast-track trial last October for his role in Kercher’s murder. He is serving a 30-year sentence (his appeal begins on Nov. 19). Guede, who refused to testify in the Knox trial, has admitted that he was in the house when Kercher was killed. He says Kercher invited him there and that the two were making out when a stomach cramp from a bad kebab sent him to the bathroom. He was on the toilet with his iPod headphones on through four songs and, when he came out, Kercher was dying. He says he tried to save Kercher by using a towel to sop up the blood on her neck wounds, but he was scared after a man he says looked like Sollecito told him that “they’ll pin this on the black guy.” Guede fled to Germany, where he was later arrested for skipping a train fare. His feces (found in a toilet), along with his DNA and fingerprints from Kercher’s bedroom, link him to the crime scene. The sentencing judge who convicted him, though, did not see him as a lone assailant. Instead, the judge wrote in his sentencing report that he believed Guede acted with Knox and Sollecito.

Evidence: Murder dynamic

Who it hurts: Knox and Sollecito

One of the most complicated aspects of Kercher’s tragic death is how the murder itself played out. The prosecution believes that Knox, Sollecito, and Guede taunted Kercher in a sex game that quickly escalated to violence and ended in murder. Countless forensic experts, including those who performed the autopsies on Kercher’s body, have testified that more than one person killed her based on the size and location of her injuries and the fact that she didn’t fight back””no hair or skin was found under her fingernails. The defense has confused matters more: Knox’s forensic specialist testified that Kercher had been killed by only one person from the front, but Sollecito’s expert testified that Kercher had been killed by one person from behind.

Evidence: Knox’s confession

Who it hurts: Knox

On Nov. 5, 2007, Sollecito was called to the Perugia police station for questioning about Kercher’s murder. Knox testified last June that she did not want to be alone, so she accompanied him. During his interrogation, Sollecito admitted to police that he did not know for sure if Knox actually spent the night of the murder at his house, as she had told police earlier. Since Knox was at the police station, the head of the murder squad decided to ask her a few questions. Her interrogation started at about 11 p.m., and, by 5:45 a.m., Knox had told police that she was in the house when Kercher died””and that Patrick Lumumba, the owner of the nightclub where she worked, was the assailant. She even described Kercher’s screams. She, Sollecito, and Lumumba were arrested. The next day, Knox wrote a five-page memorandum reiterating everything she said the night before. But since there was no lawyer present during her interrogation””and so far no one has produced an audiotape of the interrogation””Knox’s attorneys were able to have her verbal confession thrown out of evidence. The five-page memorandum still holds….

Evidence: Conflicting alibis

Who it hurts: Unknown

Knox maintains that she spent the night of Nov. 1, 2007, at Sollecito’s house. Sollecito did not take the stand during this trial, and his lawyer told NEWSWEEK that it was, at least in part, because he could not corroborate Knox’s alibi….

So Sollecito did not take the stand in part because he could not corroborate Knox’s alibi. Wow. That has to hurt.

Very much more in Barbie Nadeau’s original piece.  We recommend that you read it all.

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.

Friday, September 18, 2009

Trial: Defense Expert Tries To Claim Sollecito-Sized Footprint Is Guede’s

Posted by Peter Quennell

Click above for the Daily Express’s full report. The relevant section:

A bloody footprint found at the house where a British student was killed in Italy was wrongly attributed to one of the defendants in the case, a forensic expert has testified at the murder trial.

The footprint was found on a bathroom rug in the house in Perugia where Meredith Kercher was killed in November 2007.

Prosecutors have attributed it to Raffaele Sollecito, an Italian who is on trial on murder charges with Amanda Knox, his girlfriend at the time. Both defendants deny wrongdoing.

In his testimony, expert Francesco Vinci compared detailed pictures of the footprint on the rug with images of Sollecito’s feet, arguing that the sizes and shapes “absolutely don’t match”.

“Differences, one by one, can be seen,” said Vinci, who is a witness for Sollecito’s defence.

According to Vinci, the footprint is “compatible” with the foot of a third man, Rudy Hermann Guede, who was convicted in a separate trial last year and sentenced to 30 years in prison.

In effect then, the claim is that Guede was participating with bare feet in the cleanup of the crime scene some time after the death of Meredith - although precisely what he cleaned up is unclear, as strong evidence of his presence remains.

Like many of the defense’s attempts at rebuttals, this sounds to us like a tragedy that is now playing out as farce.

In one of his clinically precise powerpoints Kermit already refuted this claim

 

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.

Friday, August 28, 2009

Maybe Why Meredith’s House Was So Tough For Some Of The Police-Cars To Find?

Posted by Peter Quennell

Most of the police team seem to have made it with alacrity to 7 via della Pergola on the day after.

They have very fast cars and pretty good navigation. But one or two had to call in for directions.

This led to some ridicule among those who actually think that ridicule helps Amanda Knox.

Their fast route to the house is to head east up the hill from the Questura (if that is where they all came from). Then through Piazza Grimana by the School for Foreigners. And then down to via della Pergola, by way of the famous tee junction.

Click above for the route from Piazza Grimana down to the tee junction (the last several shots there are of the stone steps that Rudy ran up) and then click below for the street sign they would have encountered. 

Via della Pergola heads down to the LEFT here. The street sign says that via San Antonio begins to the RIGHT here.

And Meredith’s house is clearly off to the RIGHT.

Wednesday, August 19, 2009

Case For The Prosecution #4: Amanda Knox’s Multiple Conflicting Alibis

Posted by The Machine

The Knox Alibis: How They Conflict

The first three posts on the power of the case were on the DNA evidence, the luminol-enhanced footprint evidence, and Raffaele Sollecito’s various conflicting alibis.

Now we look at the various conflicting alibis that Amanda Knox has given for the night in question. We dont yet have full transcripts and have to rely on what was reported in the UK press.

Please click here for more

Thursday, July 30, 2009

Case For The Prosecution: #3 Raffele Sollecito’s Multiple Conflicting Alibis

Posted by The Machine

[above: Sollecito with his lawyer Giulia Bongiorno; click for a larger image]

The Sollecito Alibis: How They Conflict

The first two posts on the power of the case were on the DNA evidence, and the luminol-enhanced footprint evidence.

In this and the next post we will elaborate upon the testimony relevant to the multiple alibis given by Amanda Knox and Raffaele Sollecito and the evolving circumstances in which they were given.

Following the discovery of Meredith’s body in her house, more than a dozen possible witnesses were quite expeditiously questioned: Meredith’s various English friends, her two Italian housemates, the four boys who lived downstairs, and Knox and Sollecito.

Meredith’s English friends, her two Italian housemates, and the boys downstairs fully cooperated with the police. They seemed to be telling the truth. They had one alibi each that could readily be verified. Those alibis never changed.

As a direct result they were all quickly eliminated from the investigation.

In stark contrast, Amanda Knox and Raffaele Sollecito appeared to be obfuscating. They appeared callous, impatient, arrogant, and reluctant to cooperate with the police.

These were attitudes first publicly noted as incriminating in mid 2008 by the judges at the Italian Supreme Court. Police and prosecution did not leak.

Knox and Sollecito each made three separate attempts to come up with credible alibis. All appeared desperate and semi-rehearsed. None of them made total sense or managed to get them off the hook. Neither helped the other at all. 

Today, we address Sollecito’s alibis.

The prosecution undermined them in various ways. Sollecito did not take the stand at trial to repeat any of them. His occasional interventions in the courtroom did not strengthen any of them. He made no attempt to corroborate the third alibi of Knox (that she was at his place all night) and immediately prior to arrest he said she had made him lie.

Everyone at and around trial knew of the wariness and extreme anger of the two (and their families) and how they knocked chips off one another whenever they could.

Innocent behavior? You decide. If each was not blaming the other for their plight this behavior would be unique in the history of crime.

 

Raffaele Sollecito’s first alibi

For his first alibi Raffaele Sollecito claimed, in an interview with Kate Mansey from the Sunday Mirror, that he and Amanda Knox were at a friend’s party on the night of the murder. It appears that this is the alibi that Sollecito also first told the police.

As there seems to have been no party, or in any case no party they attended, it would have been difficult for Sollecito to find any witnesses, and so this alibi was quickly superceded.

Raffaele Sollecito’s second alibi

For his second alibi Sollecito now claimed that he was at his apartment throughout the night with Amanda Knox.

This alibi was contradicted by the forensic evidence presented by the prosecution. According to the testimony of the scientific police from Rome, there were six separate pieces of forensic evidence that placed him in the cottage on Via Della Pergola on the night of the murder.

These included an abundant amount of his DNA on Meredith’s bra clasp, and a bloody footprint on the blue bathmat in Meredith’s bathroom which appears to match the precise characteristics of his foot.

Sollecito’s claim that he was at his apartment the whole evening on 1 November was also undermined by Amanda Knox, who claimed in one of her own witness statements that he was also at the cottage when Meredith was killed:

Yes we were in the house. That evening we wanted to have a bit of fun. We were drunk. We asked her to join us. Diya wanted her. Raffaele and I went into another room and then I heard screams.

This alibi was also undermined by an eyewitness, Antonio Curatolo, the watcher in the park above the house, who testified that he saw Sollecito there. And it was undermined by Sollecito himself when he moved to the third alibi below.

In my previous statement I told a load of rubbish because Amanda had convinced me of her version of the facts and I didn’t think about the inconsistencies.

Although Rudy Guede exercised his right to silence when he was called as a witness in the present trial, it should be noted that at his own trial last October and in the stated grounds for his appeal, he has claimed that Amanda Knox and Raffaele Sollecito were both at the cottage on the night in question, and that they were responsible for Meredith’s murder.

Raffaele Sollecito’s third alibi

Sollecito was asked to return to the police station on 5 November to answer some more questions. He was at that time confronted with telephone records that proved that he and Amanda Knox had lied previously.

So for his third alibi, which now cut Amanda Knox loose and implicated her, Sollecito claimed that he was at his apartment all evening, and that for part of the evening Knox was out, from 9 pm to 1 am.

In my previous statement I told a load of rubbish because Amanda had convinced me of her version of the facts and I didn’t think about the inconsistencies….

Amanda and I went into town at around 6pm, but I don’t remember what we did. We stayed there until around 8.30 or 9pm.

At 9pm I went home alone and Amanda said that she was going to Le Chic because she wanted to meet some friends. We said goodbye. I went home, I rolled myself a spliff and made some dinner.”

He goes on to say that Amanda returned to his house at around 1am and the couple went to bed, although he couldn’t remember if they had sex.

This third alibi was undercut by Amanda Knox when she took the stand and testified. She stated that she was with Sollecito at his place all night.

It was also contradicted by the forensic evidence presented by the prosecution: the six separate pieces of forensic evidence that placed him in the cottage on Via Della Pergola on the night of the murder.

This third alibi was also undermined by the telephone records and by the data taken from his computer.

Sollecito claimed that he had spoken to his father at 11 pm. The phone records showed that to the contrary, there was no telephone conversation at this time, though Sollecito’s father had called him a couple of hours earlier, at 8.40 pm.

Sollecito claimed that he was surfing the internet from 11 pm to 1 am. Marco Trotta, a police computer expert, testified that the last human interaction on Sollecito’s computer that evening was at 9.10 pm and the next human activity on Sollecito’s computer was at 5.32 am.

Sollecito said that he downloaded and watched the film Amelie during the night. However, Mr Trotta said that the film had been watched at around 6.30 pm, and it was earlier testified that Meredith returned to the cottage she shared with Amanda Knox at about 9 pm.

Sollecito claimed that he had slept in until 10 am the next day. There was expert prosecution testimony that his mobile phone was actually turned on at 6.02 am. The Italian Supreme Court remarked that his night must have been “sleepless” to say the least.

This alibi was undermined by the eyewitness Antonio Curatolo, the watcher in the park above the house, who testified that he saw Sollecito there.

Sollecito’s difficult situation resulting

Sollecito does not seem to have done himself any favours by exercising his right to remain silent and not to testify at the trial.

As things now stand, he does not have any credible alibi or scenario for the night of the murder. Also it would appear that he has damaged his overall credibility irreparably, by giving three alibis that differed so considerably.

Judge Paolo Micheli had in front of him much of the same evidence. He wrote, in committing Raffaele Sollecito to trial last October, that he considered the triple alibis to be a clear indication of guilt.

There seems to be no obvious reason right now why the present judges and jury would conclude differently.