Category: Evidence & Witnesses

Friday, June 19, 2009

Trail: TGCOM Reports On The First Of Edda Mellas’s Testimony

Posted by Peter Quennell

Click above for the report in Italian. A quick translation of the first testimony of Mrs Mellas:

After the murder of Meredith Kercher, Amanda Knox never thought of leaving Italy. So said the mother of the young American, Edda Mellas, testifying before the Court of Assizes of Perugia.

The woman is responding assisted by an interpreter. She reported that her daughter had a good relationship with Meredith and the other flatmates…

Edda Mellas spoke of the conversation with Amanda in prison November 10. “She was feeling badly for the fact that Patrick had been dragged into this brutal story,” she explained. “She felt badly for having advanced the name of Patrick”...

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.

 

Saturday, June 13, 2009

Knox Testimony Does Not Seem To Have Gained Much Traction Here In Italy

Posted by Fiori

Posting from Florence (image below) where we have all been watching Knox testify in Italian.

I don’t believe her. It is interesting to see Amanda Knox being cool and self-confident, but testifying about how disturbed she became when the police became pushy during her interrogation. It doesn’t fit.

And it comes across as untrustworthy and contradictory that when asked about her drug use, she puts on a “schoolgirl”’ attitude: In effect “Sorry, daddy judge, I was bad, don’t punish me for being young”.  This seems definitely out of order with the rest of her performance.

“Performance” is the impression I get from viewing the segments shown from the court - a well-rehearsed performance. I suppose that the jury will wonder how this cool person can forget whether she has replied to a sms-message, how she can get so confused that she names Patrick, afterwards “is too afraid to speak to anyone but her mother”, and so on.

Most striking is that Amana Knox’s defence seems to stick firmly to the strategy of “mistreatment”; in effect that the only reason for AK being arrested is false statements produced under “illegal” pressure from the police.

By making “the ethics of police interrogation” the core question of her testimony, the defence - probably deliberately - creates a lot of associations to recent public debates of torture and interrogation techniques applied at Guantanamo Bay and in Iraq.

By doing so they seem to want to try to turn the jury’s attention away from the point that AK knowingly participated in a murder investigation, and that any person with her intelligence will know that anyone who is called as a witness is required to show respect for the authorities - regardless of their nationality!

With reference to a variety of public materials from the US (“48 Hours” by CBS and many other reports), the way in which the Italian police have conducted Knox’s interview does not significantly differ from similar type interrogations made by US police. (This is not a stamp of approval, but removes the reason for any serious critique of the conduct of the Italian police.)

Her calmness and cool attitude, including her performing in two languages, does not, in my view - contrary to what the defence and her father expect - help to bring about an image of “another Amanda Knox” or a “more true Amanda Knox”.

Mostly her performance seems to contribute to shaping her image as complex, manipulative, intelligent, attention-seeking, and with only vaguely defined limits of identity.

Saturday, June 06, 2009

Trial: Friday’s Testimony Bolsters The Prosecution’s Case

Posted by Peter Quennell

[click for larger image, courtesy AP]

Andrea Vogt now reporting for The Independent.

Upon arrival, the Kercher family quietly took seats in the courtroom behind their Florentine lawyers, Francesco Maresca and Serena Perna, who opened their case with two expert witnesses: a coroner, and a leading forensic geneticist from a Florence hospital.

Mr Maresca told the court that the expert witnesses “sustained the prior results and valuations of the coroner who performed the autopsy and the forensic evidence specialists who already testified”. He added: “And for the first time today, we also heard that the bruises on the victim’s hips were consistent with a sexually violent approach.”

Professor Gianaristide Norelli testified that the multiple lesions on Ms Kercher’s body were consistent with being held and attacked by more than one person. He said she died of suffocation and interpreted her stab wounds as having been inflicted as threats during a struggle. The wounds, mostly on the side of her neck, were possibly inflicted by two different knives, he said, but noted that one of the stab wounds was compatible with the alleged murder weapon.

Professor Francesca Torricelli told the court that she believed the samples of Mr Sollecito’s DNA found on Ms Kercher’s bra clasp was a significant enough amount that it was unlikely to have been left by contamination. She also sustained a previous forensic biologist’s findings that Ms Knox’s DNA was found on the handle and the victim’s on the blade.

Alessandra Rizzo reporting for the Associated Press:

Forensic expert Gianaristide Norelli, a witness called by the Kercher family, said the main cause of Kercher’s death was suffocation.

Court documents have said suffocation was caused by the hemorrhage following the neck wounds. But Norelli said suffocation was also aided “manually” by forcing the victim’s mouth and nose shut and by strangling her.

This, Norelli argued, showed a clear intent to kill, while the neck wounds may have been inflicted with the intent to scare or threaten the victim. He said that Kercher’s own movement may have inadvertently contributed to making the stab wounds deeper.

The wounds were compatible with a kitchen knife the prosecution says might have been the murder weapon, Norelli said. The knife, which was found at Sollecito’s house, has a 17-centimeter (6.69-inch) blade….

Prosecutors say Knox’s DNA was found on the handle of the kitchen knife, and Kercher’s DNA was found on the blade. Francesca Torricelli, a DNA expert also called by the Kercher family, confirmed the findings of the prosecutors.

“I have no doubt” the traces are compatible, she told the court Friday. Torricelli also confirmed the prosecutors’ finding that DNA compatible with Sollecito’s had been found on the clasp of Kercher’s bra.

And an unnamed writer reporting for the Daily Sun.

The parents of Meredith Kercher “” Arline and John “” spent their first day in court yesterday under the unwavering stare of her alleged killer Amanda Knox.

One witness said: “It was very unusual. I’m not sure if she was looking for sympathy or trying to offer it, but Meredith’s parents never looked at her.”

[click for larger image, courtesy AP]

Tuesday, June 02, 2009

Trial: About The Forthcoming Testimony Of The Kercher Family And Amanda Knox

Posted by Peter Quennell

1. Report by Ann Wise for ABC News

1. On the forthcoming testimony of the Kerchers

There will be a somber day in court when the family members of Meredith Kercher take the stand. Kercher’s mother, sister and one of her brothers will travel to Perugia from England on June 6 to testify in court, according to their lawyer, Francesco Maresca. They are civil plaintiffs in the case against Knox and Sollecito.

It is not clear what their testimony will be, but she may speak about the last time they spoke to Meredith, and her plans and state of mind that day.

2. And on Amanda Knox’s intention to testify

She is expected to take the stand for questioning June 12…

The prosecution did not ask to question Knox. The decision to take the stand was hers and that of her lawyers. Her co-defendant, Raffaele Sollecito, will not be questioned.

The first questions will come from her lawyers, but then Knox can be cross-questioned by the prosecution, lawyers for the civil plaintiffs (the Kerchers and Lumumba) and the judge, Giancarlo Massei.

She can choose to interrupt the questioning at any time, or choose to answer certain questions and not others, but if you take the stand it is supposed you plan to answer the questions.

The only other time Knox has agreed to be questioned since her arrest - by prosecutor Giuliano Mignini in December 2007 - she broke down, according to court records, and refused to continue…

And in Italy, defendants are allowed to and even expected to lie. While witnesses have to swear tell the truth, defendants do not. It is assumed that if they are defending themselves they might not tell the whole truth, and will not be charged with perjury if they don’t.

Amanda Knox will testify in Italian, which she has been perfecting while waiting for court appearances.

2. Status Of The Court Reporting In English

This post and the previous one seems to be the only English-language reporting on this final session for the prosecution. Those reporters dont always travel to Perugia when court sessions are to be closed.

An Italian long weekend commences tomorrow (so no trial) and of course the Rome-based foreign reporters also work on many other stories.

They give a lot of caring, careful attention to Meredith’s case, but it is only a fraction of what they are required to cover. Italy generates a lot of news and it is considered interesting reading in many other countries.

A cable channel in New York broadcasts a half-hour of news in Italian from the state-owned channel every evening of the week. Segments on the case are routine.

This sure beats the American TV network coverage. We would presume that Italian-Americans are among the best-informed on the case in the US.

Friday, May 29, 2009

Trial: More On The Violent Crimes Unit’s Reconstruction Of The Violent, Prolonged Attack

Posted by Peter Quennell

Grim-faced expert witnesses from the Violent Crimes Unit in Rome enter court

1. Reconstruction Of The Attack On Meredith

Judge Massei closed the court for much of the time. No English-language reporters were there.

Nevertheless, reports in La Nazione and other Italian media described the reconstruction of the final attack on Meredith in the court with the aid of many photographs and graphics.

Giuseppe Codispoti, Director of the Analysis of Violent Crime Unit, said in his deposition that the evidence pointed to three subjects in addition to the victim being present in the room at the time.

The evidence included the many wounds on Meredith, the state of her clothing, and the locations and shapes of the bloodstains on the walls, the wardrobe, and the floor.

Wounds to Meredith’s right hand pointed to a desperate attempt to ward off one or several attackers with knives while she was being held by her other arm.

The director of the Violent Crime department, Edgardo Giobbi, told the court that when, on the day after the murder, he handed Knox (not yet a suspect) a pair of shoe covers before entering the apartment below hers, she swiveled her hips and said “oopla.” This attitude made him turn his “investigative attention” on her, he said.

This was dramatic and telling testimony, and for some in the courtroom apparently quite hard to take.

Below: One of the images used in their detailed reconstruction of the final frenzied act in Meredith’s bedroom that suggested three people had to be involved.

2. Prior Testimony That Relates

Judge Micheli summarized the same forensic evidence and concluded for purposes of convicting Rudy Guede and of sending Knox and Sollecito to trial that it did point to three people being involved.

Judge Micheli also concluded that, as part of a cover-up, Meredith was later moved from the location below (by the wardrobe and the window) to where she was found, several feet to the left (by the bed).

3. Defensive PR Reaction To This Tough Talk

In their attempt to ridicule and undermine this compelling evidence, CBS News (48 Hours) in their recent very slanted report repeatedly showed bizarre caricatures of this scene by an Italian cartoonist.

None were remotely correct. That was not, we think, CBS News’s finest hour. They have been very silent on it since.

The paid Candace Dempsey defense blog on the Seattle PI website took a shot at ridiculing the reconstruction image above.

Something rather incoherent to do with not being specific enough about the figures. But the image above was one of a number that the witnesses used.

As real crime experts in the field would all know, it was deliberately not more specific because it incorporated only the known hard evidence.

Contacts of ours in NYC associated with law enforcement are giving the reconstruction an A. It was a careful and clever bit of work.

Trial: La Nazione On Testimony About The Attack And What The Blood Traces Suggest

Posted by Peter Quennell

La Nazione is one of Perugia’s newspapers. Click above for their early report, in Italian.

1) On today’s testimony.on what the blood traces suggest

Before Meredith died, she struggled to free herself from the constraint of one of the attackers, and she brought her left hand up to her devastated neck after the fatal knife attack. This is the evidence proven by the bloodstains found on the hand of the English student and, in particular, her index finger.

This is one of the elements that helps to reconstruct the dynamics of the crime conducted by the forensics experts of the Violent Crime Unit to be presented in today’s depositions in their case against Amanda Knox and Raffaele Sollecito accused of the murder and rape of their friend..

2) On the testimony scheduled to come next

The tight schedule of hearings ordered by the President of the Court, Giancarlo Massei, includes 5 and June 6 to hear the witnesses for the civil parties (lawyers Francesco Maresca and Serena Perna) who assist the victim’s family.

Testifying on the 5th should be the advisers (legal and medical forensic geneticist) while on the 6th it will be the turn of Meredith’s mother, Arline, and then her sister Stephanie and brother Lyle. They will talk about why she had chosen to study in Perugia, and the last telephone contacts before her murder.

On June 12th Amanda Knox is expected to be examined by her lawyers, Luciano Ghirga and Carlo Dalla Vedova. The enigmatic Seattle student might still decide to escape the barrage of questions at the last minute.

On the 13th the first witness will be Patrick Lumumba, the civil party up against the American for libelous slander. And then the witnesses for the defenses will commence testifying.

DNA Evidence: The Myths Start To Come Crashing Down

Posted by Nicki

[click for larger image; rule and annotations by Kermit]

The DNA evidence is proving to be as well-handled and as incriminating as DNA evidence ever is at such trials.

The last two hearings have very publicly exposed several of the key myths which have been aggressively propagated over the Internet and through other media for many months.

Let’s first speak about the double knife DNA. It has now become pretty obvious that:

• It doesn’t match half of Italy as falsely claimed
• It doesn’t have a 20% chance of being Meredith’s as falsely claimed
• Stefanoni never declared herself that the DNA “was unreliable” as falsely claimed
• The DNA has not been amplified “500 times” as falsely claimed

Patrizia Stefanoni has not stated that Meredith’s DNA was extracted 500 times from the knife sample, as some people with what seemed a google-level knowledge of molecular biology were claiming to muddy the waters.

The DNA was actually extracted 50 times from Meredith’s specimens and was used to compare it to other biological traces, including the one found on the knife. And it provided the forensic team with good samples to be compared to the traces found on the knife.

Two genetic profiles are identical and therefore belong to the same individual if a) they are in the same position, and b) they have identical shape and dimension. In this case, each peak produced in the original samples exactly corresponds to the peaks yielded by the knife sample, position, shape and dimension”¦ Say so long to the “matching half of Italy” myth!

Furthermore, Stefanoni excluded any possibility of contamination in the lab, stating that it had never once occurred in her lab for at least the last seven years, and every precaution was taken in order to exclude possibility of contamination so that different traces are not mixed. 

Contamination during the collection phase was also excluded: the forensic team that found the knife was a different one from those who searched the cottage, so how could Meredith’s DNA possibly have been “transferred to the knife”? 

Furthermore, the knife was put in a shoe box after it was bagged, and it stayed there until it reached the lab. And once again… DNA doesn’t fly, it doesn’t creep, and it sure doesnt penetrate a plastic bag!

Now let’s speak about the bra clasp.

The DNA found on the clasp has been defined as abundant and identified as belonging to Sollecito without any doubt. It should have been collected earlier in the process, but DNA evidence is often collected weeks or months after the crime when an object involved is unearthed.

The chances that it has been contaminated are at zero: the sample was found under the pillow on November 2, during the first search, and collected on December 18th when the second search took place by a different team.

During this entire time, the clasp was laying on the floor of what has been testified to have been a completely sealed crime scene. So when and how could any contamination occur?

Excluding a spontaneous migration of Sollecito “˜s DNA on the clasp from some unidentified location in the murder room or in the cottage, it could have only taken place during either the first or the second handling of the sample, so the fact that the clasp was recovered weeks later really bears no relevance.

And additionally, where could any abundant amount of Sollecito “˜s biological matter come from, if besides that on the bra clasp, the DNA corresponding to his genetic profile was only found on a cigarette butt? 

Perhaps this is why Sollecito’s lawyer Ms Buongiorno is now claiming that the bra clasp was contaminated in the laboratory. She is reduced to having to claim that in effect Dr Stefanoni applies strict laboratory procedures when testing Guede”˜s or other peoples’ specimens, but somehow miserably fails when the samples belong to Sollecito and Knox.

Finally, let’s not forget that Rudy Guede’s DNA was not found “all over” the victim, but only on the right side of her bra, on the left cuff of her jumper, and inside her body. If passive transfer of DNA is so easy to happen, and if Guede is the only one who physically attacked Meredith, how comes his DNA was found only in these three places on the victim’s body?

DNA is NOT easy to transfer. Dr Stefanoni is absolutely correct when she says that “transfer of DNA must not be taken for granted nor it is easy to happen, and more likely to take place if the original trace is aqueous, not if it is dry”.

About the possibility of contamination having taken place in the lab, this is a risk that everyone working with PCR is well aware of. It is certainly not probable that it could occur every time a biological sample is tested. In fact, it is very unlikely to happen when the routine strict precautions are taken.

And there is no doubt that Dr Stefanoni was extremely cautious when handling any of these samples. 

I can see the reason for the improbable reach of the defense teams: since their clients deny any involvement, the positive DNA results “must” be contaminated - what else could they possibly say? Regarding this evidence, it is the only argument that they have available.

Finally, Dr Stefanoni has an international reputation and is considered one of the best in the field today. Questioning her credentials really makes no sense at all. But those too have come under attack.

Edited to add: On the issue of DNA transfer, from today’s hearing (La Nazione)

“The contamination theory has been discussed again today: Ms Bongiorno repeatedly asked the forensic witnesses information regarding the techniques used to collect the samples found in Meredith’s house, but PM Manuela Comodi showed the Court that contamination did not occurr by asking the forensic witnesses: “Using the same gloves, you have touched the victim’s socks after working on other samples. Could you tell me what the result of the sock analyses was?”

The witness answered:  “No foreign DNA nor genetic traces have been found”. Another demonstration that DNA passive transfer just doesn’t occur so easily.  Differently, the probabilities of obtaining a contaminated sample would be so high that DNA testing would hardly be of any use in crime investigations.

Wednesday, May 27, 2009

More Forensic Testimony: The Court Agenda For Friday And Saturday

Posted by Peter Quennell

Italian media are reporting that forensic evidence will probably again be the exclusive focus this week.

Giuseppe Codisposti and Piero Sbardella of the forensic team from Rome should testify on the second collection of evidence and the prints found on the pillow.

Both names also appear on the witness list of the Sollecito defense team, though it is possible they will appear just this one time and then be cross-examined.

An expert called Roberto Politti is also announced as a witness. He may be part of the same team, or he may be a biomedical expert of the same name in Italy who has published on the contamination of biological samples.

Italian commentary seems to suggest a general perception that the defense teams have not made very many dents so far in this key area of the evidence.

Saturday, May 23, 2009

Trial: The Seattle PI’s Report On Saturday’s Forensic Testimony

Posted by Peter Quennell

Click above for Andrea Vogt’s report.

1) On the mixed-blood traces found in a bathroom and bedroom

In the courtroom… an unflappable Stefanoni said she thought it would have been “strange” that three traces of blood with both Kercher and Knox’s genetic profile would have been left at different times.

The mixed blood traces were identified on the sink, on the bidet near the drain and on a box of Q-tips sitting on the sink.

“Fortunately these were found all on white surfaces, perhaps had the sink not been white ceramic or the transparent cotton box been a different color—pink for example—we might not have found anything with the naked eye because the traces were so diluted.”

2) On the collection methods used for one sample

Knox’s attorney, Carlo Dalla Vedova of Rome, questioned Stefanoni about the methods used by a colleague from Perugia’s local forensic division, who took samples from two different places in the bidet with the same cotton swab.

Stefanoni said the two traces seen sampling in the video were actually one continuous trace, linked by a very light-colored drip that extended from the top to the drain. Had there been any contamination or DNA of another person present, she added, it would have been revealed during the genetic analysis of the sample.

“In any hypothetical, accidental case of contamination by whomever or wherever, once we do the analysis and see the genetic profile, we can see that there has been contamination from another person. There would be problems apparent in the data analysis,” she responded.

3) On the DNA on the knife found in Sollecito’s apartment

Friday Stefanoni said she was able to identify the genetic profile of Knox on the handle of the large kitchen knife that is the alleged murder weapon, and that of Kercher on the blade. The sample of Kercher’s DNA was so small, only one identifying test was performed, however, and could not be repeated for verification. Still, Stefanoni insisted that the one test that was conducted produced a reliable result.