Category: 15 Single alibi hoax

Saturday, April 11, 2015

Those Pesky Certainties Cassation’s Fifth Chambers May Or May Not Convincingly Contend With #1

Posted by Cardiol MD



The Italian Supreme Court is in the background

1. How Overload Can Overwhelm The Checks And Balances

The Italian Supreme Court (SCC) has 396 Judges in Rome and elsewhere.

Because of the enormous pro-defendant tilt in the system, the SCC hears about 80,000 appeals a year - more than all other Supreme Courts in the rest of Europe combined.

The SCC operates in panels, typically of 5 justices; that scales to about 4 appeals/panel/workweek, or about 1 appeal/panel/workday. A huge workload impinging on carefulness and promoting distraction and exhaustion.

Even with a law-clerk infrastructure, and the most ingenious exploitation of human concentrated-attention-span, highly questionable outcomes such as that for Meredith’s case would seem inevitable.

The four SCC judges panels (2008, 2010, 2013, 2015) which have ruled on various issues arising as Meredith’s murder case inched its way through the Italian legal system have been composed of different judge-combinations, with different skills, different knowledge, different education, and different experiences.

In many cases high-tech issues are an integral part of the evidence before the courts. This requires the enlistment of expert opinions because the judges may not be versant in the relevant high-tech issues. All sides, the defence, the prosecution, other interested parties, and even the judges, can cherry-pick experts for hire, who often use brazen sophistry to persuade the judges in the experts’ favour.

These facts may help to explain if not justify the unexpected conclusion of this current SCC judges panel which is now drafting the Motivazione.

2. Circumstantial Evidence And The Italian Requirement For Certainty

Near the start of the 2015 SCC hearings Judge Bruno, one of the 5 members of the Marasca SCC-Panel, was quoted as having said that the trials had “not many certainties beyond the girl’s death and one definitely convicted.”

As we await this particular Motivazione intended to explain its decision, we will review the Massei Motivazione, the Nencini Motivazione, and the several past SCC rulings to establish what do constitute the certainties - of which in fact as Italian law defines them there is actually a large number.

In order to be classified as Circumstantial Evidence in Italian Law an evidentiary circumstance or fact must be true to the level of being a certainty. Note that this rule does not supersede BARD, it applies only to the the acceptance of individual items of evidence as circumstantial, so it can mislead and confuse authors and readers.

As will be noted below, under this Italian requirement the unverifiable RS/AK broken water-pipe story can not be classified as pro-defense Circumstantial Evidence. Therefore it cannot legally be argued as corroboration of the excuses of Knox & Sollecito, including their mop claims.

Sollecito’s father, Dr. Francesco Sollecito, did say that RS had mentioned the alleged-leak of Nov. 1st, 2007, in the father’s 221 seconds, 20:42:56 call of Nov.1st, 2007.  Hellmann/Zanetti bought into this story, discussing it in their Motivazione.

AK is quoted by Nencini as referring to the alleged-leak in her testimony, but neither Galati nor the 2013 Hellmann/Zanetti-annulling SCC panel mentioned the alleged-leak. All seemed aware that there was no certainty.

3. An Explanation Of Why This Will Matter So Much In Future

In 2013 the SCC itself annulled most of the Hellmann-Zanetti verdict in part because there was an obvious parceling-out of the pieces of circumstantial evidence and a lack of assessment of each piece of circumstantial evidence. Hellmann-Zanetti had failed to check whether the possible flaws and lacks in the logical value of each single piece of evidence could be resolved by cross-checking them and taking in account the whole.

Have the SCC judges themselves now made this same mistake? It is especially at this level that informed legal analysis in Italy of the pending SCC Motivazione will concentrate, future books on the case will concentrate, and the final degree of legitimacy will be established.

Given the peculiarity that the case was not referred back down to Florence for adjustment, worries at this level especially could be driving the very obvious nervousness of all of the defense counsels, shushing and restraining their clients in the presumed hope that the SCC judges really can square the circle and achieve legitimacy.

4. Certainties And Certainly-Nots In The Circumstantial Evidence

1. Fracture Of Hyoid Bone?

The SCC-Panel for Guede’s Sentencing (English Translation) wrote on Pages 4-5:

c) The body presented a very large number of bruising and superficial wounds ““ around 43 counting those caused by her falling ““ some due to a pointed and cutting weapon, others to strong pressure: on the limbs, the mouth, the nose, the left cheek, and some superficial grazing on the lower neck, a wound on the left hand, several superficial knife wounds or defence wounds on the palm and thumb of the right hand, bruises on the right elbow and forearm, ecchymosis on the lower limbs, on the front and inside of the left thigh, on the middle part of the right leg, and a deep knife wound which completely cut through the upper right thyroid artery fracturing the hyoid bone, a wound which caused a great deal of bleeding from the vessels of both lungs.

This caused a haemorrhagic shock and asphyxiation by the presence of blood in the respiratory passages, an exitus [decease] placed at around 23:00 of Nov. 1 by the forensic pathologist.

The emphases are mine. The knife cut through the hyoid bone rather than fractured it (in the English version it should say that it severed the hyoid bone; this is a translation issue). A Certainly-Not then.

The wound certainly did not cause any bleeding at all from the vessels of either lung; this is not a translation issue. This is a factual error in the original Italian Sentencing Report. A Certainly-Not then.

(This shows how the SCC-Panel Reports are not infallible. Unfortunately the Marasca Panel will have to dredge-up some past, fallible SCC-Panel Reports in order to explain its own reasoning.)

2. Two Knives?

Massei Translation p377: “There must necessarily have been [405] two knives at the scene of the crime.”

Certainly! There were 2 major, penetrating knife-wounds into Meredith’s neck; one entering on the left-side, and one entering on the right-side, which was made by a pocket-knife of the size Sollecito customarily carried. The latter wound could not have been made by whatever knife entered on the left-side. Therefore 2 knives were Certainly used.

3. Single Blow?

Massei Translation p 371 “”¦a single blow was apparently halted by the jawbone”¦”

Certainly Not.

The statement that a blow could be “apparently halted” by Meredith’s jawbone is at best a figure of speech, and the quotes of Prof Cingolani on page 152 of the Massei Translation clearly indicate that any cause and effect inference from the phrase “apparently halted”, “did not”¦. have elements of certainty to establish” it was “stopped by the jawbone.” Prof Cingolani “did not, however, have elements of certainty to establish that the blade which had caused the wound 4 centimetres deep had stopped at the said depth because [it was] stopped by the jawbone.”

Maybe there is a Judicial, translational, or typographical glitch and “by” the jawbone should have been “near” the jawbone. Skin is soft and bone is harder but there is no way that the knife striking the jawbone or hyoid bone would halt the knife in this case, they would just roll with the blow, depending on the angle of attack.

Furthermore, contact between the knife and jawbone or hyoid bone would not mark the knife because living-bone is softer than the knife. When your pet gnaws on a non-living cow-bone, neither the bone nor your pet’s teeth can bend; both your pet’s teeth and the bone can be broken, and the bone gets scratches on it because it is still softer than the teeth, but your pet’s teeth do not get scratches on them, because they are harder even than the non-living bone.

If someone is stabbed in the back with a kitchen carving knife, penetrating ribs on its way to the heart, the knife may have no scratches at all, nor show any signs of damage caused by that action. Any implication in the statement quoted above that stabbing Meredith’s neck with enough force to penetrate the layers of her neck and then strike bone would have the effect of signs of damage to the knife-blade, is a mistaken implication.

It is an old rule of materials-physics that a softer substance cannot mark a harder substance. [To some people this may be counter to their intuition, so I have passed it by an eminent MIT physicist, and he agrees with me that the knife blade would certainly not show signs of damage caused by the stabbing in this case.]

4. SMS Message?

It is Certain that at 20:18:12 on Nov.1st, 2007 Amanda Knox’s mobile-phone received the SMS sent to her by Patrick Lumumba, which let her off from having to go to work at the “šLe Chic? pub on the evening of 1 November.

Remember that mobile-phones are equivalent to convicts’ ankle-monitor bracelets, their use creates with Certainty a record of the Times of cell-phone activities, the Location of the corresponding transmitter-cell, and hence the general location of the mobile-phone, especially Ruling-Out particular Locations e.g. Proving whether the carrier of the phone was in or out of the range of their home transmitter-cell. Call Verbal-Content is not publicly available.

Here the mobile-phone Record proves that Knox’s mobile-phone was Certainly-Not in Sollecito’s lodging-house at 20:18:12 on Nov.1st, 2007:

At the time of reception, Knox’s phone connected to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3, whose signal does not reach Raffaele Sollecito’s house. Amanda Knox’s mobile phone, and therefore Knox herself, was therefore far [i.e. absent] from Corso Garibaldi 30 when the SMS reached her, as she was walking in an area which was shown to be served by the Via dell’Aquila 5-Torre dell’Acquedotto sector 3 cell.

This point of her route could correspond to Via U. Rocchi, to Piazza Cavallotti, to Piazza IV Novembre, bearing in mind that Lumumba’s pub is located in Via Alessi, and that Amanda Knox would have had to travel along the above-mentioned roads and the piazza in order to reach the pub.

Knox was therefore Certainly Not at Sollecito’s Corso Garibaldi Lodging at that time, contrary to the allegation that she was, and Knox Certainly-Could have been at her Cottage.

5. SMS Reply?

At 20.35.48 on Nov.1st, 2007, Amanda Knox Certainly sent an SMS in reply to Patrick, at No. 338-7195723; the message was sent when her on Nov.1st, 2007 mobile phone was in Corso Garibaldi 30 or in the immediate neighbourhood. The cell used, in fact, was that of Via Berardi sector 7 - no other [use] was shown for the day of 1.11.07, noting that Amanda declared during hearings that she had switched her mobile phone off once she had returned 323 to Raffaele’s house, claiming she was more than happy she did not have to go to work and could spend the evening with her boyfriend.

(Knox may also have been LESS than happy that Lumumba preferred Meredith instead of Knox as an employee. This was perhaps humiliating enough to Knox for Knox to decide that the time to cut Meredith down-to-size was now.)

6. Bomb Threat?

Massei Translation page 25: On “the evening of November 1, 2007 at around 10:00 pm, someone called and warned Elisabetta Lana not to use the toilet of her dwelling because it contained a bomb which could explode. Mrs. Lana immediately notified the police of this phone call; and they came to the house but did not find anything….”

This call was Certainly received, the Police Certainly came to Mrs. Lana’s home, presumably not long after 10: pm on the evening of November 1, 2007 (Time & Duration of Police presence apparently not publicly-available).

The Courts must know those times accurately and precisely; reasonably assuming them to be after Meredith’s murder, and near the time of the Phone-Dump (Otherwise, the necessary combination of coincidences is too implausible).

It is most likely that the visible, and possibly audible, presence of Police triggered the panicked disposal of the Cell-Phones down the steep slope that falls sharply into the valley below.

There is no need to invoke any awareness by the phone-dumper[s] of the reason(the hoax-call) that the Police were near Mrs. Lana’s residence.

So if the killers saw flashing police-lights, or any other sign of police near Mrs. Lana’s place, that sign could be enough to explain panic phone-dumping - then and there (not considering whether the phones were switched-on or switched-off).

According to John Follain the slope is heavily overgrown with trees and bushes, an ideal place to dispose of evidence. If the phones had fallen just a few yards further, they would certainly have gone over the edge of the cliff, down into a 50m gully, straight into a thick scrub of nettles, and probably been lost forever”¦.

7. Phone Dialings?

There were four dialings on Meredith’s mobile phones after her arrival home on the evening of 1 November ‘07:

    i. 20:56 hours on 1 November 07, attempted call to Meredith’s mother’s home in England.

  ii. 21:58 hours on 1 November 07, attempted call to mobile phone’s answering service, voicemail “˜901’.

  iii. 22:00 hours on 1 November 07, dial to Meredith’s London bank “˜ABBEY’.

  iv. 22:13:29 hours (9 seconds) on 1 November 07, attempted internet connection. Connection consistent with being attempted from cottage, but inconsistent with being attempted from Mrs.Lana’s.

These dialings are Certain with regard to Existence, Timings, and Location.

Massei Translation, page 331, attributes the above 4 dialings to Meredith absent-mindedly playing with the mobile phone in her hand, and her phone may well have still been in her hand when her attackers surprised her.

8. Phone Location?

Was Meredith’s Phone still in the cottage at Via della Pergola at 22:13:29 hours on 1 November 07? Yes. Certainly.

9. A Tow Truck?

At about 22:30 hours Car broken-down nearby. Tow-Truck called-for.

At about 23:00 hours Tow-Truck arrives to load car.

At about 23:13 hours Tow-Truck leaves with loaded car.

These events Certainly occurred, but those times are approximate.

10. Francesco Called?

@23:41:11 RS’s father attempts phone-call but makes no oral contact. Father leaves message which is not received until 06:02:59 on 2.11.07.

This 23:41:11 call was attempted during the very time-frame of the attack on Meredith, her murder, and the flight of her killers with her mobile telephones. Meredith’s Phone[s] were removed from her cottage by about Midnight, less than 20 minutes after this attempted call.

These phone calls are Certain wrt Existence, Timings, and Locations.

11. Phone Location?

For 2.11.07 the first record is that of MKP - [0]0:10: 31, (i.e. Very early in the a.m. 10 minutes and 31 seconds after midnight) “when it has been established as an incontrovertible fact that Meredith’s English mobile phone was no longer in Via della Pergola, the mobile phone having received the contact under the coverage from Wind signal [cell] ..25622, which is incompatible with the cottage.”

Was Meredith’s Phone still in the cottage at Via della Pergola at 00:10: 31, 2.11.07? No!

Therefore Meredith’s English mobile phone had been removed from her cottage between 10.13.39 p.m. on 1.11.07 (more likely about 11.13 p.m.  when tow-truck departed) and 0:10:31 on 2:11:07; about 10 ½ minutes after midnight ““ say Meredith’s Phone[s] Removed By About Midnight, allowing for the time-elapse before being dumped near Mrs. Lana’s place. (Hellmann falsified this time-span on page 14 of his report, stating it to be more than 10 hours after midnight rather than about 10 ½ minutes after midnight.)

12. Phones Stolen?

At some time before Meredith’s attackers fled, they had seized her mobile telephones, probably near the beginning of the attack, having started their attack with a pre-emptive strike to intimidate Meredith, remove all hope, surround her, display knives, seal all possible escape-routes, and remove any possibility of phone-calling for help.

Immediately after Meredith’s scream her attackers had silenced her with the fatal stabbing, and then fled immediately.

They fled with her already-seized but still switched-on mobile telephones, probably without locking anything, including Meredith’s door.

Their over-riding and 1st imperative was not-to-be-caught-at-the-crime-scene.

See item 6. above.

13. Crimescene Meddling?

Having accomplished the Phone-Dump, Meredith’s killers next re-model the crime-scene, minimising the evidences of their identities, cleaning-up the evidences that it was “˜an inside job’, and simulating the appearances that it was “˜an outside job’.

One should bear in mind that these killers should have still been overwhelmed by their having actually committed a crime beyond their wildest imaginings.

Their panic impaired their thinking, and their ignorance, immaturity, inexperience, lack of technical resources and their arrogance precluded their selecting deceptions more effective against knowledgeable, experienced professional crime-investigators with a large fund of resources. They probably think that throwing the stone from inside Filomena’s room was a brilliant deception.

They wish it had never happened.

They wish they could make it unhappen (Hellmann/Zanetti got close to fulfilling this wish, but got themselves unhappened by Cassation)

They wish they could prevent the discovery of Meredith’s murder.

They cannot prevent the discovery of Meredith’s murder.

They may be able to postpone its discovery, but not longer than the inevitable return of the cottage-mates, later that day.

They believe that the person who “˜discovers’ a murder may become 1st-suspect.

They may be able to manouevre others-than-themselves into being the ones that make the discovery ““ quite a wily aim.

It is beyond reasonable doubt that:

Meredith’s killers seized her mobile telephones, and that

Her killers did not switch-off these mobile telephones, and that.

Her killers threw the telephones into an apparent ravine, landing in Mrs.Lana’s garden, and that

This phone-dump was accomplished before 00:10: 31, 2.11.07, and that

Amanda Knox caused:

    i. the English phone to ring at 12:07:12 (16 seconds) and be discovered by Mrs.Lana’s daughter only because it rang , and

    ii. the other phone, registered to Filomena Romanelli, to ring, very briefly, at 12:11:02 (3 seconds) and,

    iii. the English phone to ring again, also very briefly, at 12:11:54 (4 seconds), after being brought into Mrs.Lana’s house. 6. Sollecito had more than 5 days, from about 11.30 pm on November 1st, 2007 until November 6, 2007, to remove from the killing-knife the traces of Meredith’s DNA.

In the opinion of the Court of Assizes (Massei Translation p.325), Amanda Knox’s call to Meredith’s phone was

...the first indispensible step before putting the [348] planned staging into action. The lack of a reply, since the poor girl was obviously already dead, gave a reason for reassurance about the fact that the young woman’s phone had not somehow been retrieved, [and] was therefore safe in the spot where it had been thrown, which, according to the expectations [in the minds] of the murderers was a precipice or some other inaccessible spot, rather than in the garden of a villa located barely outside the city, where the vegetation concealed it from view.

Knox may well have expected that she was safe from phone-discovery, but these calls turned out to be the very instrument of a phone-discovery.

Had Knox not made these obfuscatory stabs, in the time-frame she made them Meredith’s phone would not have rung when it did ring and would therefore not have been discovered by Mrs. Lana’s daughter when she did discover it.

14. Phone Switched On?

For the day of 2.11.07, when Meredith was already dead, the traffic registered for the Vodafone number was shown to be the following:

00:10:31; duration and caller unspecified, but Wind signal [cell] incompatible with cottage, but compatible with Mrs. Lana’s place.

Therefore, Meredith’s mobile cell-phone had already been taken away from the cottage by her killers. It is not possible to determine from this phone-record whether the phone was switched on or off, but this phone was discovered at Mrs. Lana’s place because it was ringing, and therefore was “on”.

12:11:02 (duration of 3 seconds): Knox’s phone call reached the phone and was diverted to the answering service. The Vodafone cell used by Meredith’s service provider was situated in Strada Vicinale S. Maria della Collina sector 1.

12:11:54 (4 seconds): another call is made by Knox’s phone towards Meredith’s English mobile phone number (the cell used is the one in Via dell’Aquila 5-Torre dell’Acquedotto sector 3, thus compatible with Sollecito’s house)

Three more phone-calls Certain wrt Existence, Timings, and Locations.

15. Francesco SMS Received?

At 06:02:59 Raffaele Sollecito received the SMS from his father allegedly wishing Raffaelle a good night; from the evidence of the mobile phone record printouts of Dr. Francesco Sollecito, it was shown that the sending of the message occurred at, as has been said, 23:41:11 of 1.11.07. This was the last SMS sent from that mobile phone during the whole day of 1.11.07

3+ Hours after receiving his father’s message from 23:41:11 of 1.11.07:

At 09:24 Raffaele Sollecito received a phone call from his father lasting 248 seconds]

At this time RS’s consiousness would be dominated by his guilty knowledge, and probably far-advanced in the accomplishment of the 3rd imperative.

Did RS and father spend 4+ minutes discussing the weather?

This is the first father/son opportunity to formulate the two-pronged water-leak story.

Although AK had already been to the hardware store 2 hours before, they may well not have known the potential DNA problems with the knife, the need to scrub it vigorously, to clean-out, and repair the drain-pipes under the sink, and the need to return the knife to RS’s kitchen drawer.

As it turned-out, Sollecito had more than 5 days, from about 11.30 pm on November 1st, 2007 until November 6, 2007, to remove from the killing-knife the traces of Meredith’s DNA.

They probably did not know that incriminating stains could be invisible, but can be revealed by Luminol.

16. Francesco Calls Received?

At 09:29 another call was received lasting 38 seconds

At 09:30 (duration unspecified?) the father called Raffaele; the call connected to the Vial Belardi sector 7 cell.(the best server cell for Corso Garibaldi 30).]

These two calls, Certain wrt Existence, Timings, and Locations, were probably spent dotting “˜i’s, crossing “˜t’s, and exchanging options, such as enlisting sister Vanessa’s skills and contacts.

17. More Calls Later?

Another 2+ Hours later:

At 12:07:12 (duration of 16 seconds) Amanda calls the English phone number 00447841131571belonging to Meredith Kercher. The mobile phone connects to the cell at [346] Via dell’Aquila 5-Torre dell’Acquedotto sector 9 (the signal from this cell is picked up at Sollecito’s house)

At 12.08.44 (lasted 68 seconds) Amanda calls Romanelli Filomena on number 347-1073006; the mobile phone connects to the Via dell’Aquila 5-Torre dell’Acquedotto sector 3 cell (which covers Sollecito’s house)

Discovery will be inevitable when Filomena eventually arrives-back at the cottage.

AK/RS have accepted that they have to “˜stand-pat’ with their efforts so-far to accomplish not-to-be-the-“discoverers”-of-Meredith’s-body.

Amanda did not say a word in this phone-call to Filomena about Amanda’s phone call to Meredith, thereby withholding information that should have led Amanda to initiate discovery of Meredith’s body, and help Amanda to manouevre someone other than Amanda into being the one who “˜discovers’ Meredith’s body.

At 12:11:02 (3 seconds) the Vodafone number 348-4673711 belonging to Meredith (this is the one [i.e. SIM card] registered to Romanelli Filomena) is called and its answering service is activated (cell used: Via dell’Aquila 5-Torre dell’Acquedotto sector3)

18. Yet More Calls?

For the day of 2.11.07, when Meredith was already dead, the traffic registered for the Vodafone number was shown to be the following 5 calls, Certain wrt Existence, Timings, and Locations:

    i. 12:11:02 (duration of 3 seconds): Amanda’s phone call reached the phone and was diverted to the answering service. The Vodafone cell used by Meredith’s service provider was situated in Strada Vicinale S. Maria della Collina sector 1.

    ii. 12:11:54 (4 seconds): another call is made towards Meredith’s English mobile phone number (the cell used is the one in Via dell’Aquila 5-Torre dell’Acquedotto sector 3, thus compatible with Sollecito’s house)

    iii. 12:12:35 (lasting 36 seconds) Romanelli Filomena calls Amanda Knox (No. 348-4673590); Amanda receives the call connecting to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3 (still at Raffaele’s house)

    iv. 12:20:44 (lasting 65 seconds) Romanelli F. calls Amanda, who receives the call connecting to the cell in Via dell’Aquila 5-Torre dell’Acquedotto sector 9 (good for Corso Garibaldi 30)

    v. 12:34:56 (48 seconds): Filomena calls Amanda who receives it from the cottage on Via della Pergola 7 (the cell used is that on Piazza Lupattelli sector 7. As mentioned, Raffaele also used the same cell when he called the service centre at 12:35 hours to recharge [the credit of] his mobile phone)
19. RS Phone Location?

At 12:35: Raffaele’s mobile phone contacted a service centre for a phone [credit] recharge (the cell used was that of Piazza Lupattelli sector 7, which gives coverage to the little house on Via della Pergola 7. The signal in question does not reach Corso Garibaldi 30, which instead is served by the signal from Piazza Lupattelli sector 8)

At 12:38: Vodafone sent R.Sollecito a message of confirmation of phone [credit] recharge (Piazza Lupattelli sector 7 cell, good for Via della Pergola 7)

At 12:40: incoming call from RS’s father’s mobile phone (lasting 67 seconds; connection through Piazza Lupattelli sector 7 cell, compatible with the Sollecito’s presence near the little house)]

At 12:47:23 (duration of 88 seconds): Amanda calls the American (USA) number 00120069326457, using the cell on Piazza Lupatetlli sector 7; the phone call takes place prior to the one which, at 12.51.40, Raffaele Sollecito will make to “š112?, connecting to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 1, which gives coverage to Via della Pergola 7]

In “Waiting To Be Heard” Knox can hardly deny having made this 1st call, acknowledges making the call, and purports, now, to recall its substance, providing the reader with her version of what was said.

At 13:24:18 (duration of 162 seconds): Amanda calls the same American number which corresponds to the home of her mother, Mrs Edda Mellas, using the same cell. It is obvious that the young woman is inside the cottage, where by this point, several minutes earlier, the Postal Police had shown up, [347] represented by Inspector Battistelli and Assistant Marzi, who were engaged in the task of tracking down Filomena Romanelli, who was the owner of the Vodafone phonecard contained in the mobile phone found earlier in the garden of the villa on Via Sperandio]

In “Waiting To Be Heard” Knox can hardly deny having made this 2nd call either, she acknowledges making the call, and provides the reader with her current version of what was said.

20. More Phone Locations?

At 12:50:34 outgoing call directed at mobile phone 347-1323774 belonging to Vanessa Sollecito, sister of the defendant; duration 39 seconds. Connection to Piazza Lupattelli sector 7 cell 320

At 12:51:40 Raffaele Sollecito called “š112? to inform the Carabinieri of the presumed theft in Romanelli’s room (duration 169 seconds; connection to Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell, which covers Via della Pergola 7)

At 12:54: a second call by Raffaele to “š112? (57 sec.; connection to Piazza Lupattelli sector 7 cell)

Three more Sollecito calls Certain wrt Existence, Timings, and Locations.

21. More Phone Locations?

At 13:17:10 (lasting 1 second) to Meredith’s phone: the cell used was located in the same place, sector 7

At 13:27:32 (duration of 26 seconds): Amanda calls the American number 0012069319350, still using the cell at Piazza Lupattelli sector 7.

At 13:29:00 (duration of 296 seconds) Amanda receives [a call] from No. 075/54247561 (Piazza Lupattelli sector 7 cell)

Three more Knox calls Certain wrt Existence, Timings, and Locations.

22. Another Phone Location?

At 13:40:12: incoming call from his father to RS (94 sec.; Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell)

Another Sollecito call Certain wrt Existence, Timings, and Locations.

23. More Knox Calls?

At 13:48:33 (1 second): this is an attempted call to AK’s mother’s number

At 13:58:33 (1 second): this is an attempted call to her mother’s number

The above item is a faithful translation from the Massei Motivazione section on Amanda Knox’s mobile phone traffic, but is listed out-of-time-sequence; the assigned-time is probably a “˜typo’ ““ “13:48:33” is much more likely correct.

Two more Knox calls Certain wrt Existence, Timings, and Locations.

24. Francesco Call?

14:33: Sollecito’s father called Sollecito for 21 seconds (as above)]

Do RS and father exchange more caveats in their call Certain wrt Existence, Timings, and Locations?

25. More Knox Locations?

At 14:46:14 (102 seconds) Amanda receives a call from the German number 494154794034, most likely belonging to her aunt Doroty Craft

Call to Meredith’s phone at 15:13:43 (5 seconds) cell not indicated.

At 15:31:51 (1 second): Knox receives an SMS sent from the number 389/1531078; at this point the cell being used is the one on Via Cappuccinelli 5/A sector 2, where the Questura [police headquarters] is located.

Two more Knox-related calls Certain wrt Existence, Timings, and Locations.

In the hours that followed the [mobile phone record] printouts show that the answering service of Amanda’s number 348-4673590 was activated due to a lack of signal coverage.

Massei Translation p.324:

Finally, the analyses of the [phone record] printouts highlight that the first phone call made by Amanda on the day of 2 November was to Meredith Kercher’s English number.

The American student called her English flatmate even before contacting Romanelli Filomena to whom she intended to express, as she testified in court, her fears about the strange things she had seen in the cottage, which she had returned to at about 11 o’clock in order to shower in preparation for the excursion to Gubbio which she and Raffaele had planned.

It is strange that Amanda did not say a word to Filomena about the phone call to their flatmate, when the call, not having been answered, would normally have caused anxiety and posed some questions as to why Meredith did not answer the phone at such an advanced hour of the day.

26. Sollecito Locations?

At 17:01: RS’s father called RS for 164 seconds; cell used is that of Via Cappucinelli 5/A sector 2, corresponding to the location of the Perugia Police Station

At 17:42: RS’s father called RS for 97 seconds (as above).

With regard to Raffaele Sollecito’s landline home phone (No. 075-9660789)

The above 2 calls presumably covered final agreements on the Father/son stories.

For the entire day of 1 November and then of 2 November, Raffaele Sollecito’s fixed line was not affected by any calls, either incoming or outgoing.


This series continues here.


Friday, March 13, 2015

Questons For Knox: Adding A Dozen More To The Several Hundred Knox So Far Avoided

Posted by Chimera



Knox during a pause in questioning at trial; her answers destroyed many Italians’ trust

1. State Of Play On The Questions Front

Sollecito and his father Francesco actually take questions without 99% of them being agreed-on in advance. 

They evade a lot and lose a little but they also gain some points, unlike a seemingly terrified Knox and a seemingly terrified PR who now seem stuck in tongue-tied and consistently-losing modes.

In Italy last night on the much-watched crime show Porta a Porta Francesco Sollecito had to go along with the official reconstruction of the prolonged pack attack on Meredith which rules out any lone wolf though he again maintained that Raffaele was not there.

Not by any means does TJMK give Sollecito a pass. He WAS there at the attack, the evidence is very strong. And we do have many dozens of pending questions waiting for him to respond.

But the truly evasive one is Amanda Knox. Previously helped by the fawning arm of the American press.

2. Pending Questions We Have Already Asked

These are ordered chronologically with the first questions, by Kermit in mid trial in 2009,  at the bottom of the list.

Click here for: Questions For Knox: Ted Simon Gone? With Legal And Financial Woes Will The Other Paid Help Stay

Click here for: Questions For Knox: Why Does Book Smear Others On Drug Use, Mischaracterize Your Own?

Click here for: Questions For Knox and Sollecito: Why Claim Rudy Guede Did It Alone When So Much Proof Against?

Click here for: Questions For Knox: How Do You Explain That Numerous Psychologists Now Observe You Skeptically?

Click here for: Questions For Knox: Ten Hard Questions That Knox Should Be Asked Monday On ITV’s Daybreak

Click here for: Questions For Knox: Why So Many False Claims In Accounts Of Your Visit To The House?

Click here for: Questions For Knox: Why The Huge Lie About Your ZERO Academic Intentions In Europe?

Click here for: Questions For Knox: Do You Think “False Memories Kassin” Framing Italians Yet Again Will Help?

Click here for: Questions For Knox: Did You Undergo An Illegal Interrogation By Mignini Or Did You Try To Frame Him?

Click here for: Questions For Knox: Diane Sawyer, How To Push Back Against The False Claims And Emotion

Click here for: Questions For Sollecito And Knox and Enablers: Several Hundred On The Hard Evidence

Click here for: Questions For Knox: The Questions That Drew Griffin On CNN Tonight SHOULD Have Asked

Click here for: Questions For AK And RS From Barbie Nadeau As Knox Slander Trial Starts

Click here for: Questions For Knox: (Powerpoints #11) 150 Hard Questions That You Incessantly Avoid

3. My Own Dozen Questions More

I have mentioned before my belief that Meredith Kercher’s attack and possibly death was premeditated, at least on the part of Amanda Knox.  Raffaele Sollecito, and Rudy Guede, while accomplices, and also liable, did not plan this out.

Below is my own list of a dozen more hard questions Knox should be asked. This post focuses on questions that point towards forethought and premeditation.  And no, crying, having a fit, and refusing to answer just won’t do it.  An open challenge to not answer in a Hellmann-court-type wail.

1. Keeping the ‘‘See you later’’ Text to Patrick

You kept the message that you sent to Lumumba, which you wrote in Italian.  The literal translation from English implies that you actually intend to meet, rather than the English one that means a parting of ways.  As a language student, this common expression was likely one of the first things you learned, if you didn’t know already.

At your voluntary questioning, of November 5th/6th, you give that message to the police, and claim it as proof that you left Raffaele’s apartment to meet him.  The police didn’t force this knowledge from you, rather you volunteered it after Raffaele withdrew your alibi.  Patrick was falsely arrested, due entirely to your statements, and that message.

I considered, and rejected the idea that you might have kept the message in case Patrick might have wondered why you didn’t show.  If that were the case, you would have kept his message not to come in, and not your response.

Here is the 2009 trial video, the relevant part starts at about the 7:30 mark.  At the 10:30 mark, she talks about the message. At 12:15, she says she doesn’t know how to delete sent messages.

Question for Knox: Why did you keep Patrick’s message, if not to use later as a backup plan?

2. The Lack of Videotaping for the ‘‘Interrogation’‘

You and your supporters in the U.S. frequently complain that your November 5th/6th ‘‘interrogation’’ was never recorded.  You claim that if there was such a record, it would corroborate your claims, and prove you were beaten/smacked around/tortured.  A video would go both ways: it could either prove police brutality and misconduct, or it could definitively prove a suspect or witness was lying.

Until that night, you claim nearly 50 hours of interrogation (see December 2013 email to Judge Nencini), yet none of it was recorded.  Odd, if you were the suspect all along.  Witness summaries routinely are not, but suspect interrogations almost always are, if only to cover the police officer’(s) butt(s).

That night, when you said you witnessed a crime you did not report (Patrick attacking Meredith), your legal status changed from a witness to a possible suspect.  You were given a miranda warning, but still continued to talk.

At this point with your new status, the police would have wanted to videotape or audio record any questionings.  And if they had, any claims of the ‘‘police beat me’’ would have been very easy to refute.  So, by staying away from the camera, it actually creates at least a bit of ambiguity, and gives some wiggle room, should you decide to make complaints later.  It turns an open-and-shut matter into your-word-against-theirs where you lose.

Question for Knox: Did the police ever ask to videotape any of your ‘‘questionings’‘?  And if so, why did you refuse?

3. Transporting Raffaele’s Knife to Your Apartment

You and Raffaele were charged in addition to murder and sexual assault, with transport of a weapon, namely, a knife to your apartment and back.  Despite all the denials of your lawyers, it had Meredith’s DNA on the blade, and your DNA on the hilt (the infamous ‘‘double DNA knife’‘).  Most spontaneous violent crimes involve objects in the immediate area, such as the room, whereas this knife was taken from another location and brought to the crime scene.  Frankly, it reeks of pre-planning.

I considered, and rejected the argument of needing protection.  Knox never claimed she felt unsafe walking around Perugia, heck she sleeps with random people there.  If she did feel afraid at times, many women just clench keys in their fists, for something like that.

Even more disturbing, (as you admit you are a CSI fan) the knife was brought back to Raffaele’s apartment, cleaned with bleach, and put back.  Had the bleach actually destroyed all the DNA—it tends to miss DNA in cracks and grooves—it would have implicated Raffaele only, being his knife, and would not implicate you.  Rather than throw it away, like a ‘‘smart’’ killer would do, it is put back, where it is fairly easy to be found.

Question for Knox: Why did you bring the knife from Raffaele’s apartment, if not to use against someone?

Question for Knox: Why was the knife returned to Raffaele’s kitchen?  Were you hoping (as a fallback), that it might lead to him alone?

4. The Staged Break-In

You finally admitted, after long denying, that you staged an April Fool’s Day prank on April 1st, 2007, by simulating a burglary against a housemate.  You found it funny, while others found it disturbing.  However, in order to do such a prank, you needed to think in advance about how you wanted things to look. In short, this had to be planned out.

Well, the November 1st ‘‘break-in’’ at your apartment when Meredith was killed, was ruled by the courts to be a staged burglary.  There are just too many holes in your story, and in the crime scene, to believe it was legitimate.

But what is not clear, is whether the killers staged the burglary as a panicked response to Meredith’s death, or whether some of the details were worked out ahead of time.  And you had, as a prank, done this before.

I considered, and rejected the claim that it was a real burglary.  However, Judges Micheli, Massei, Nencini and the Court of Cassation disagree, and they can summarize it better.

Question for Knox: Did you think of simulating a break in at your home BEFORE or AFTER Meredith was murdered?

5. Rudy Guede’s Involvement

FoAK has long smeared Guede as a drifter, drug dealer, orphan, burglar, and many other things.  There was one bit of truth there: Guede had broken into at least one place, prior to Meredith’s death, although he had not been charged at the time.  He recently got his jail time extended though, as a result of this.

Interestingly, while you claim to not know Guede, your book seems to include a lot of detail about him.  You knew he was interested you.  You say he had done a break in, and you had staged a break in.  You allege his was done in Perugia, while your prank was far away, in Seattle, where no police were involved.  And let’s be frank: men say dumb things to impress women.  What an interesting person to bring along.

Question for Knox: Did you know about Guede’s prior break in BEFORE or AFTER Meredith was murdered?

6. Turning Off the Cellphones (you and Raffaele)

It is now common knowledge that most cellphones contain GPS that can track the movement of a user.  Police know this, and can often track suspects’ movements this way.  Smart people looking to avoid police attention have figured this out, and can turn their cell phones off (or leave them at home), to make their movements more ‘‘anonymous’‘.

Even smarter police have now figured out that people know, and can now find out if turning off phones is routine, or just a one time thing.  Jodi Arias was caught out this way.  Thomasdinh (Dinh) Bowman was caught out this way. See this.

You and Raffaele had never turned off your cellphones, but chose to (and together) the evening before Meredith was killed.

You gave multiple excuses. (1) Sollecito says in his book it was so you could fool around undisturbed.  (2) You say in your book it was so you wouldn’t receive a message from Patrick if he changed his mind and wanted you to work.  (3) You said in your December 2007 questioning with Mignini that it was done to preserve the charge in your phone.  (4) At trial, your lawyers disputed that the phones were shut off?

Question for Knox: Why did you and Raffele turn off your phones the night Meredith died, if not to cover your movements?

7. Ditching Meredith’s Phones

Meredith’s phones, both her English and Italian phones, were found well away from the home.  While it is normal to have a cell phone, very few people have more than one, and other than a friend, family member, or roommate, who would know this?  Meredith’s attackers took them both, and rather try to sell them or use them, dumped them.

Police have speculated that this was done to divert attention, and to give out false leads.  However, this amount of thought in a ‘‘hurried and rushed’’ crime seems very much out of place.  The unexpected consequence is that it helped narrow the focus.

I considered, and rejected the idea that they were part of an actual robbery.  A killer who seems to know so much about evidence, and about cell phone evidence, would take them, knowing the GPS would help track his movements.  Really, what smart killer would take a mobile ‘‘ankle bracelet’’ with him?

Question for Knox: Why did you take Meredith’s phones, if not to throw off the police investigation?

8. Keeping Frederico Martini’s Number in Your Phone

It is now well known, even if not reported at the time, that Frederico Martini (a.k.a. the ‘‘Cristiano’’ in your book), was a drug dealer you met on the train to Perugia.  You ditched your sister, Deanna, to be with him.  And since then, he had been supplying you with free drugs in return for sex.

It is also well known that you gave Frederico’s number to police, probably trying to divert attention from yourself once again, and that he ended up serving time for drug dealing.

You have enough sense to turn your cell phone off prior to phones (see sections 1, 6, and 7), so you clearly knew that phones can provide serious evidence against you.  If you truly were worried about the police searching your phone, you could have deleted his number, changed a digit or 2, changed the name, or otherwise hidden that information.

The police weren’t concerned with drugs, only with catching a killer. 

Question for Knox: Why did you keep Freddy’s number, and then give it to police, other than just another diversion tactic?

9. The Lamp From Your Room on Meredith’s Floor

The lamp from your room, the only source of light in your room, was found on the floor in Meredith’s room.  This would seem odd, as Meredith had two lamps of her own, and your room would be left dark.  Police have speculated that the lamp was used during the clean-up, and then forgotten.

This demonstrates a lot of control, as rather than grabbing an available lamp from Meredith’s room (if it were needed for cleanup), the killers would have moved outside the bedroom, grabbed a lamp from another room and brought it back.

It further demonstrates control, as there was no bloody footprints into your room.  Therefore, the killer must have cleaned his or her feet, then gone into your room to grab the lamp.  And that lamp was found wiped off prints, so whoever took it had the foresight to make sure their own weren’t on it, but had Meredith’s lamp been used, finding it wiped clean would have been a dead give away.

All of this smacks of planning, and had the lamp not been forgotten in the locked room, we would never have known any of this.

Question for Knox: Why was your lamp found on Meredith’s floor, if not to clean or search for evidence?

10. Gloves Used for Cleanup?

The police went through the house.  Although they did not test everything, very few fingerprints were found at all in the house, and only one belonging to Knox, on a glass.  Of course, it raises the question of why any random burglar or killer would do that, and points to someone who is there regularly—a resident.

Such an undertaking would have taken a long time, again, pointing to a resident of the building.  And while a sock or a cloth may be used a few times, it seems extremely impractical to use for any length of time.  That leads another obvious suggestion: gloves.

However, Perugia was still warm.  Amanda, (in that God-awful interview with Simon Hattenstone), said that she could sunbathe in October.  Even if she had them in her luggage, they would probably take time to find.  She was not known for wearing gloves as a fashion accessory.

Given her living habits, it is extremely unlikely she had her own cleaning gloves, and Laura and Filomena never reported such things missing.  Nor did anyone else.  So, where would they come from?

Question for Knox: Did you purchase (or steal) gloves prior to Meredith’s death?

11. Clothes and Supplies

You were seen in Quintavalle’s shop first thing in the morning on November 2nd, even if your lawyers contest it.  He claims you were looking in the cleaning section, but then left.  Strange, as you are not much of a cleaner, however he has no reason to lie.  You also claim that you were not ‘‘missing’’ any clothes, even though Filomena mentions a sweater you were wearing but has not been recovered.

It is also known that you have made many cash withdrawls in the month of October, with seemingly little to spend on.  Police and the media have speculated drugs, but with absolutely no paper trail, there is no way to know for sure how much was spent on what.

Question for Knox: Did you purchase any cleaning supplies, or extra clothes, either before or after Meredith’s murder?

12. Concerning The Gubbio Trip

You have travelled to many places, sure, but hadn’t really gone anywhere after settling in Perugia.  Yes, you had given serious thought to ditching the town, even buying a ticket to China.  Since meeting Raffaele, you two had kept in a relatively small area.  Therefore, the trip planned to Gubbio, for the day after Meredith was killed, seems somewhat out of place.

I may very well be wrong, but was this the first road trip you had taken with him?  You hadn’t packed anything, and you left your house (after the shower) without taking anything.  You apparently also didn’t notice Filomena’s broken window in front of you.

Question for Knox: Was the Gubbio trip for real, or was this a staged cover?


Wednesday, March 11, 2015

Precise Reasons For Arrests Of Sollecito, Lumumba And Knox On 6 Nov 2007

Posted by The TJMK Main Posters



From the east. Foreground, Perugia’s main courts, background judges & prosecutors’ offices

1. The Warrant For Three Arrests

This key document has now been obtained and translated and included in the Wiki casefile. Some context is offered in Part 2.

The arrest warrant was drafted and signed by Dr Mignini. He did so in the prosecutors’ offices in Perugia’s central courthouse (image at top) at 8:40 am.

Note that, critically, it includes reference to Knox’s spontaneous chatter and her knowledge of the dynamics of the crime.

PUBLIC PROSECUTOR’S OFFICE, COURT OF PERUGIA

N. 19738/07 R.G. Mod. 44

DETENTION ORDER ISSUED BY THE PUBLIC PROSECUTOR

(artt. 384, comma 1 c.p.p)

TO THE JUDGE OF PRELIMINARY INVESTIGATION OF THE COURT OF PERUGIA

The public prosecutor Dr. Giuliano Mignini

Based on the records of the above-mentioned proceeding;

Having found that there are serious indications of the crimes of complicity in aggravated murder Article 576 n.5 c.p.e. and sexual assault for which we are proceeding, against DIYA Lumumba, born in Kindu (Zaire) on 5.05.1969, KNOX Amanda Marie and SOLLECITO Raffaele, already identified, for the following reasons:

Regarding KNOX and DIYA, the first made glaringly contradictory and not credible statements during the investigation. In particular KNOX claimed to have spent the night between November 1st and 2nd in the company of SOLLECITO Raffaele whom she met a few days before the event while he, after initially confirming the statements made by KNOX, confessed to have lied instructed by KNOX and made clear that he separated from KNOX at 21.30 of November 1st 2007, remaining at his house where he received a phone call from his father on the land line at 23:30.

Furthermore from the data relating to the phone traffic of the number 3484673590 in use by KNOX there emerges a lack of phone traffic from 20:35 of November 1st to 12:00 November 2nd. Same lack of phone traffic from 20:42 of November 1st to 06:02 of November 2nd is found in the phone traffic of 3403574303 in use by SOLLECITO Raffaele.

At 20:35 of November 1st was found an outgoing text message from the number 3484673509 belonging to KNOX sent to 3387195723 belonging to the co-defendant PATRICK to whom she communicates “see you later” which confirms that in the following hours KNOX was together with DIYA in the apartment where the victim was.

KNOX, in the statement made today has, in the end, confessed the dynamics of the committed crimes against KERCHER: the accused, in fact, first claimed to have met with DIYA, as communicated to him with the text message found in the phone memory of her cell phone by the operating Postal Police, text message sent at 20:35 in reply to a text message from DIYA sent at 20:18, detected thanks to the analysis of the phone traffic related to KNOX.

This last text message is not present in the cell phone memory.

KNOX in her witness statement from today has then confessed that, meeting DIYA in the basketball court of Piazza Grimana, she went together with DIYA to Meredith’s house, where DIYA, after having sex with the victim, killed her.

The sexual intercourse must be deemed violent in nature considering the particularly threatening context in which it took place and in which KNOX has surely aided DIYA.

In addition to this it should be pointed out that KNOX, in her spontaneous declarations from today, has consistently confirmed to have contacted DIYA, to have met with him on the night between November 1st and 2nd and to have gone with him to the apartment where the victim lived. She then said that she stayed outside of Meredith’s room while DIYA set apart with her and also added that she heard the girl’s screams.

KNOX reported details that confirm her own and Sollecito Raffaele’s involvement in the events, like the fact that after the events she woke up in the bed of the latter.

As far as the essential facts against SOLLECITO there are numerous verifiable inconsistencies in his first declarations, in respect to the last ones and the fact that, from a first inspection, the print of the shoe found on SOLLECITO appears to be compatible in its shape with the one found on the crime scene.

Moreover, there is the fact that KNOX claimed to not remember what happened between the victim’s screams up until she woke up in the morning in SOLLECITO’s bed, who was also found in possession of a flick knife that could abstractly be compatible for dimension and type (general length of 18cm, of which 8,5 blade), with the object that must have produced the most serious injury to the victim’s neck.

Having considered all the elements described and all converging findings of the intense and detailed investigations conducted after the discovery of Kercher’s body and culminating with the confession and indicated complicity of DIYA, also known as “Patrick” by KNOX, there is substantial serious evidence of the crimes for which we are proceeding to allow the detention, given the limits of the sentence.

Likewise there must be considered a founded and valid danger of flight especially for DIYA since he is a non-EU citizen and in consideration of the specific seriousness and brutality of the crimes, especially that of sexual violence and the possibility of the infliction of a particularly heavy sentence.

In regards to KNOX she has shown a particular ruthlessness in lying repeatedly to the investigators and in involving in such a serious event the young SOLLECITO.

Having regard to Art.384 comma 1 c.p.p.

ORDERS

The detention of DIYA Lumumba, KNOX Amanda Marie and SOLLECITO Raffaele, already identified, and to be taken to the local District Prison.

We proceed to request validation of the detention in the separate document.

Forward to the Secretary area of authority with regard to recognition of Diya Lumumba and Amanda Marie Knox, born in Washington (USA) on 07/09/1987, based in Perugia, Via della Pergola 7, and Raffaele Sollecito, also already identified.

Perugia, November 6th 2007, h.8,40

PUBLIC PROSECUTOR

(DR. GIULIANO MIGNINI)

2. The Context Of The Arrests

Knox had turned up at the central police station unannounced, apparently to keep tabs on RS. After a delay in finding something for her to do, and in getting the interpreter by her side, she sat with Rita Ficarra building a list of possible perps with phone numbers and residences on maps.

Having been told in a rather low-key way that Sollecito had just said she was not with him on the fateful night for several hours, and she had made him lie (see the post just below), there was a tension-filled pregnant pause while Knox apparently racked her brains for a Plan B.

By 1.45 AM, having explosively fingered Patrick when a message to him fortuitously showed up on her mobile phone, and after considerable spontaneous chatter, she had insisted on writing and signing this statement.

Three hours later Dr Mignini had arrived and discussed this development with others. Then he advised Knox of her rights, including the right to have her lawyer there.

Heedless of that advice, after more spontaneous chatter (actually referred to in the arrest warrant below), Knox insisted on writing and signing this statement while all the court officers sat idly by.


Monday, March 09, 2015

The Meredith Case Wiki Now Has The Key Sollecito Statement 6 Nov 2007 In Full

Posted by The TJMK Main Posters



Perugia’s central police station where Sollecito made the statement posted here


The ever-expanding Wiki can of course be found here.

A post follows soon with guidance to the numerous new documents it contains. This was an extremely well documented case with discussions carefully recorded and decisions explained every step of the way.

We have frequently noted for example that RS and AK were provided with an extraordinary total of SIX opportunities in 2007 and 2008 to head off a trial and to be released.

Each opportunity is very well documented (Matteini hearings, Ricciarelli hearings, Mignini hearings, Supreme Court rulings, and the two Micheli rulings) and the transcripts and reports make very clear why RS and AK failed each time.

Not one of those transcripts or rulings has been “explained” or rebutted by the RS and AK apologists. It is very clear now that their falsifying efforts are being left way back there in the dust.

Document after document after document proving the case is going live in English for which they have been able to create no response.  For example, the “brutal” Knox “interrogation” on 6 November is absolutely vital to their body of claims.

But document after document has shown that to be simply a huge hoax.  Dumb silence is the only response.

This new translation of Sollecito’s statement of 6 November 2007 in the central police station, complete for the first time, has just gone live on the Wiki here. As always, we sure appreciate the translation help.

Note: Many of the claims here were proved wrong by phone and computer records and those dropping Knox in the soup contradict claims by Knox.

Sollecito never agreed to testify or be cross-examined on this or many other statements . Smart move, from his point of view. At the same time from 20007 to 2016 Sollecito NEVER testified that Knox was simply at his home all of the 5 November 2007 night. 

Perugia Police Headquarters
Flying Squad
General Affairs Area.

SUBJECT: Witness statement of person informed of the facts given by SOLLECITO Raffaele, already identified.

On November 5th 2007 at 22:40 in the offices of the Flying Squad of the Perugia Police Headquarters. Before the undersigned of the Criminal Investigation Dept. Deputy Commissioner MONICA NAPOLEONI, Chief Inspector Antonio FACCHINI Vice Superintendent of Police Daniele MOSCATELLI, Assistant Chief Ettore FUOCO is present the above-mentioned who, to supplement the declarations made [November] in these Offices, in regards to the facts being investigated, declares as follows: [*A.D.R. = Question Answer = QA]

QA I have known Amanda for about two weeks. From the night that I met her she started sleeping at my house. On November 1st, I woke up at around 11, I had breakfast with Amanda then she went out and I went back to bed. Then around 13:00-14:00 I met her at her house again. Meredith was there too. Amanda and I had lunch while Meredith did not have lunch with us.

QA Around 16:00 Meredith left in a hurry without saying where she was going. Amanda and I stayed home until about 17:30-18:00.

QA We left the house, we went into town, but I don’t remember what we did.
QA We stayed there from 18:00 until 20:30/21:00. At 21:00 I went home alone because Amanda told me that she was going to go to the pub Le Chic because she wanted to meet some friends.

QA At this point we said goodbye and I headed home while she headed towards the center.

QA I went home alone, sat at the computer and rolled myself a spliff. Surely I had dinner but I don’t remember what I ate. Around 23:00 my father called at my home number 075.9660789. During that time I remember Amanda had not come back yet.

QA I browsed at my computer for another two hours after my father’s phone call and only stopped when Amanda came back presumably around 1:00.

QA I don’t remember how she was dressed and if she was dressed the same way as when we said goodbye before dinner.

QA I don’t remember if we had sex that night.

QA The following morning around 10:00 we woke up, she told me she wanted to go home and take a shower and change clothes.

QA In fact at around 10:30 she went out and I went back to sleep. When she went out that morning to go to her house, Amanda also took an empty bag telling me she needed it for dirty clothes.

QA At around 11:30 she came back home and I remember she had changed clothes; she had her usual bag with her.

QA I don’t know the contents of her bag.

QA I remember we immediately went to the kitchen, we sat down and talked for a while, perhaps we had breakfast. In that circumstance Amanda told me that when she got to her house she found the entrance door wide open and some traces of blood in the small bathroom and she asked me if it sounded strange. I answered that it did and I also advised her to call her housemates. She said she had called Filomena but that Meredith was not answering.

QA At around 12:00 we left the house; passing through Corso Garibaldi we arrived in Piazza Grimana, then we went through the Sant’ Antonio parking lot and reached Amanda’s house. To walk there it took us about 10 minutes.

QA As soon as we got there she opened the door with her keys, I went in and I noticed that Filomena’s door was wide open with some glass on the floor and her room was in a complete mess. The door to Amanda’s room was open and I noticed that it was tidy. Then I went towards Meredith’s door and saw that it was locked. Before this I looked to see if it was true what Amanda had told me about the blood in the bathroom and I noticed drops of blood in the sink, while on the mat there was something strange - a mixture of blood and water, while the rest of the bathroom was clean.

QA I went to the kitchen and saw that everything was in order, then went around the rest of the house, I went to Laura’s room and noticed it was tidy. In that moment Amanda went inside the big bathroom, next to the kitchen and came out frightened and hugging me tight telling me that earlier, when she took the shower, she had seen feces inside the toilet, while now the toilet was clean. QA I just took a rapid glance at the bathroom trusting what Amanda had told me.

QA At that point I was asking myself what could have happened and I went out to find Meredith’s window to see if I could climb to it. I went outside with Amanda and she tried to climb to it, I immediately stopped her telling her to not do it because it was dangerous. I then told Amanda that the best solution was to break down the door, I tried to kick it and shoulder it open but I didn’t manage to open it. Then I called my sister on her cellphone and asked her what I should do since she is a Carabinieri lieutenant. My sister told me to call the Carabinieri (112, the Italian emergency number), which I did, but in the meantime the Postal Police showed up.

QA 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. I heard the first statements that she made to the Postal Police who intervened at the place.

QA She always carried a big bag that she also had the night of November 1st.

The investigating officials acknowledge that the deposition ends at 3:30 (AM) of November 6th 2007.


Saturday, February 28, 2015

Revenge Of The Knox: How Knox’s Body Of Lies Headed For The Dark Side (Series Overview)

Posted by Chimera



Also Implacably Nasty: Star Wars’s Anakin Skywalker’s Yellow Sith Eyes As He Moves To The Dark Side

1. A Thematic Overview

Our complete analysis of of Knox’s perversions of truth in Waiting to be Heard will go live here on a new page in due course.

Meanwhile, please reflect upon this summary.  A taste of things to follow. Our survey of Sollecito’s book will also go live in due course. Here is one previous review of that book.

Plots fit for Hollywood (a fictional film, and a fictional book)?

(a) Consider this screenplay for Star Wars III, Revenge of the Sith

Fiction: Anakin Skywalker is a hero of the Republic, Jedi Knight, and well respected warrior.  He fought for the forces of good, risking his life many times in the process.

Without much reason or plausibility he becomes the evil Sith Lord, Darth Vader.  He then departs from his good self, and goes on a homicidal rampage through his old home, slaughtering many, and helping destroy the Republic.

Reality: Skywalker had many emotional and anger issues, was power hungry, controlling, and had gone on a previous murderous rampage.

(b) Consider this screenplay for Waiting to be Heard by Amanda Knox.

Fiction: Amanda Knox is attending school in Seattle, with ambitions to travel, discover herself, and work professionally as a translator.  Without much reason or plausibility, she is convinced to start engaging in casual sex, throwing all her ambitions away for some thrills.

It ends with the coincidental murder of her roommate, and the misery and destruction it would bring down on her family, and Italians who would rather rely on prejudice than admit they were wrong.  And of course, there was never any evidence against her.

Reality: Knox was known in Seattle for a stormy childhood, casual sex, drugs and alcohol before going to Italy.  Knox could be controlling, narcissistic, and show a mean streak. 

She got arrested for a rock throwing riot, staged a prior break-in as a ‘‘prank’‘, and published a rape story on MySpace.

She went to Italy without a plan or direction and her drug use increased further. Police knew that she slept with one drug dealer in return for free drugs and because of her trail to him caused his incarceration.

Her behaviour was not received well in Italy, especially by the women she lived with, and she felt herself shut out and isolated, with no real friends.  Knox was upstaged by a roommate who was far more serious, driven, and likeable.

In 2007 Knox floundered. She was clearly headed toward a confession or self-incrimination when her lawyers stopped her 17 December interview.

Through 2008 Knox’s tendency to lie was increasing and her lawyers held her back and distanced themselves from certain statements.

In mid 2009 she seriously escalated. Adopting a hard sarcastic voice on the witness stand, she did not appear truthful to most of watching Italy, and Judge Massei accepted very little.

In 2010, 2011 and 2012 Knox’s dishonesties continued to escalate, even as the Hellmann appeal court refuted some of them, and the Supreme Court hit a new level of disbelief toward them.

In April 2013 in the book Waiting to be Heard the volume and scope and nastiness of Knox’s lies really peaked - even though prior to publication for legal reasons the book had been semi-expurgated.

And ever since Knox has tried to sustain that peak, rendering her unable to face the Nencini appeal court, unlike Sollecito who was backpedalling.

2. Preview Of Coming Analysis Of Knox’s Book

I now focus from here on some of what Knox falsely claimed in the book. For the quotes I have put in both chapter and page numbers from my version.

Dissecting The “There Is No Evidence” Claim

Knox claims on TV over, and over, and over, and over again that ‘‘there is no evidence against me’‘, rather than, as many say here, directly saying she did not kill Meredith. 

Click here for:The interview with Diane Sawyer, right when this book was released.

Click here for:The first interview with Good Morning America, a book tour stop, listed here.

Click here for:This interview with a radio station in New Zealand.

Click here for:This interview with an Australian radio station.

Click here for:This Canadian interview with Anna Tremonti of the CBC.

Click here for:A family interview on Good Morning America.

Click here for:The first Chris Cuomo interview, May 2013, listed here.

Click here for:This promotional piece with Amazon editor Neal Thompson.

Click here for:This one with Seattle ‘‘journalist’’ Linda Bryon.

Click here for:This video that went on the air in Germany.

Click here for:This piece on NPR with Jackie Lyden, here.

Click here for:This live interview with the Today Show, Knox says she won’t return.

Click here for:Her email to Judge Nencini.

Click here for:This cringe-worthy appearance with Simon Hattenstone, January 2014, before the verdict.

Click here for:This interview in early 2014, after the Florence Appeals Court confirms the 2009 trial verdict.

Click here for:This one supposedly at UW, after Nencini confirmed Massei’s verdict.

Click here for:This press release comes out after the Nencini Report is issued.

Click here for:This May 2014 interview with Chris Cuomo.

See also the British interviews here and here.

And let’s not forget her upcoming calunnia trial with a first hearing in March, since the Italian magazine, ‘‘Oggi’‘, published excerpts from her book here.

Really? No Evidence???

In Amanda Knox’s own words:

  • (Chapter 13, Page 112) you mention a LONG list of what you and Raffaele talked about, but don’t remember if you read or had sex?

  • (Chapter 17, Page 136) you reference the missing sweater (Filomena saw you wear that day), but it still was never found.

  • (Chapter 17, Page 139) you mentioned the writings (you said you would kill for a pizza).

  • (Chapter 18, Page 143) you claim the blood on the faucet was from your pierced ears.  (According to Barbie Nadeau, your mother said the blood was from your period).

  • (Chapter 18, Page 143) you acknowledge Raffaele took away your alibi.

  • (Chapter 19, Page 151) you claim that Guede backs your alibi, but refutes Sollecito, which doesn’t make sense if you were together.

  • (Chapter 19, Page 152) you acknowledge the knife with your DNA on the handle, Meredith’s on the blade—the infamous double DNA knife.

  • (Chapter 20, Page 155) you say you were there. (You claim it meant RS apartment), yet you let PL remain in prison.

  • (Chapter 20, Page 156) you admit writing a letter (you claim it was misinterpreted), claiming that Raffaele killed Meredith and planted your fingerprints.

  • (Chapter 21, Page 164) you reference RS DNA on the bra clasp but saying it does not implicate you directly.

  • (Chapter 21, Page 165) you admit (and I believe this), that much of your knowledge comes from crime TV.

  • (Chapter 21, Page 165) you sarcastically admit you were the last person to wash up in a bloody bathroom.

  • (Chapter 21, Page 169)—the Matteini decision—you say that the prosecution had stacked so much evidence Guede’s testimony wouldn’t have mattered.

  • (Chapter 22. Page 173) you mention the police arresting the wrong people, but hypocritically, omit your false accusation of PL.

  • (Chapter 22, Page 178) you reference Meredith’s DNA on the knife (which RS claimed was during a cooking accident).

  • (Chapter 22, Page 178) you reference your bloody footprints, and mentioned Raffaele’s

  • (Chapter 23, Page 183) you reference the bra clasp having Raffaele’s DNA

  • (Chapter 23, Page 184) you acknowledge claims of a partial crime scene cleanup.

  • (Chapter 25, Page 209) you acknowledge Filomena testifies you brought other ‘‘friends’’ to the house.

  • (Chapter 25, Page 211) you acknowledge the cut on your neck, which you claim was a hickey.

  • (Chapter 25, Page 216) you acknowledge telling the police Meredith always locked her door, though you try to spin it.

  • (Chapter 25, Page 217) you acknowledge your cellphone and Raffaele’s were turned off, though you give different reasons why.

  • (Chapter 26, Page 220) you acknowledge Quintavalle claims he saw you in his store the morning after, looking pale, and checking out cleaning products.

  • (Chapter 26, Page 221) you acknowledge Nina Capezzali testifies she heard a scream at about 11:30pm, something you put in your statement.

  • (Chapter 26, Page 223) you acknowledge Curatolo saw you in the Piazza, but claim it provides you an alibi, whenever it happened.

  • (Chapter 26, Page 226) you acknowledge that phone records contradict your own account.

And we still haven’t really gotten to those pesky statements you wrote and signed here and here and here.

So. Was Knox lying in all those media appearances? Or lying throughout her book? Or both?

3. Knox’s Trouble Keeping Details Straight

When Exactly Did Patrick Text You?

1.  (Chapter 5, Page 44, 45) Knox says she got text not to come to work BEFORE cooking dinner, washing dishes, having the pipe burst.

2.  (Chapter 13, Page 113) Knox wrote a letter to police, saying she got the text not to come in to work AFTER cooking dinner, washing the dishes, having the pipe burst.

Why Did you Turn Your Phones Off?

1.  (WTBH, Chapter 5, Page 44) Knox says she turned your phone off so Patrick couldn’t text her in case he changed his mind.

2.  (WTBH, Chapter 25, Page 217) Knox sarcastically says the phones were turned off so they could watch a movie undisturbed.

3.  (Honor Bound, Page 22) Sollecito says the phones were turned off so you two wouldn’t be disturbed doing ooh-la-la.

4.  (December 2007 Interview with Mignini) Knox says she turned the phone off because it only had a limited charge.  Knox also claims she doesn’t know if Raffaele turned off his phone.

5.  (At trial) Defence lawyers contested that the phones were ever shut off.

The Pipe-Leak at Raffaele’s Apartment

1.  (Chapter 5, Page 44) Knox says Raffaele had already had a plumber come once

2.  (December 2007 interview with Mignini) Knox claims it is the first time the leak ever happened.

Harry Potter in German?

1.  (Chapter 5, Page 44/45) You make dinner, wash dishes, have the pipe leak, then go read HP in German

2.  (Chapter 13, Page 113) You say you read HP in German to Raffy before Amelie, and before dinner

How Many Partners in Italy?

1.  (Chapter 2, Page 16) Cristiano, the man she met on a train (actually a drug dealer named Frederico).  The first.

2.  (Chapter 3, Page 23) Mirko, a man she met at a cafe.  The second.

3.  (Chapter 4, Page 35) Bobby, a man supposedly introduced by Laura and Filomena.  The third.

4.  (Chapter 5, Page 38) Raffaele, who she met at a music concert.  The fourth.

5.  (Chapter 18, Page 142) Knox claims of 3 partners in Italy (4 in Seattle, so 7 total).  This is her ‘‘HIV-hoax’‘.  Well, she lists 4 just in Italy in the book.

6.  Laura and Filomena complained of Knox bringing MANY strange men home.

A Hypocrite In Knox’s Own Words

(Chapter 18, Page 142) Knox complains about being characterized as a sex obsessed slut.  She frequently complains about how she is perceived.

(Chapters 2, 3, 4) Read for yourself.

Meredith’s Time of Death

(Chapter 26, Page 221) Stomach digestion analysis is not an accurate way to determine a person’s T.O.D.

(Chapter 26, Page 222) Stomach digestion analysis is an accurate way to determine a person’s T.O.D.

When Knox Becomes A Suspect

(Chapter 7, Page 54) Knox claims that she and Raffaele were already suspected, and the police decided to tap their phones.

(Chapter 7, Page 54) Knox claims ALL the people in the house were detained: herself, Laura, Filomena, Giacomo. the other men downstairs.

(Chapter 8, Page 69) Knox says she is staying behind to help the police

(Chapter 8, Page 69) Knox thinks running away would be seen as a failure as an adult.

(Chapter 9, Page 76) Supposedly, British tabloids are reporting that one of Meredith’s female roommates was a suspect.

(Chapter 10, Page 81) Despite the ‘‘50 hour interrogation’’ Knox still finds time to attend class on Monday

(Chapter 10, Page 83) Knox says the police suspected them, and were trying to separate her and Raffaele.

(Chapter 10, Page 83) Knox says she had to beg the police to let her into the police station while Raffaele was being questioned.  Some suspect.

For some context please see this post.

4. Stuff That Is Outright Disturbing

(Chapter 2, Page 16) Knox meets a drug dealer on a train, and ditches her sister to be with him.

(Chapter 2, Page 20) Knox goes with her Grandma to get medications for her STD (and writes about it)

(Chapter 2, 3, 4) Knox has her ‘‘campaign for casual sex’’ and writes about it.

(Chapter 8, Page 73) Knox publishes personal details about Meredith, including questions about whether she like anal.

(Chapter 10, Page 82) Knox skips the memorial of her ‘‘friend’’ to go strum a ukulele, and is annoyed it paints her as cold.

(Chapter 12, Page 104) Knox seems to enjoy the false detail with which she describes being strip searched.

In fact disturbing that this book was ever written.  Hello?  Son of Sam?

For all the bad feelings Amanda claims to have about Lumumba’s false arrest, she still blames it on the police.  Either she can’t (or pretends she can’t) see that her statements are what caused it to happen.

5. Obviously False Claims

(Chapter 6, Page 49) Knox claims that Raffaele reported the break in before the postal police came. This was proven false.

(Chapter 10, Page 80) Knox claims to be assaulted by Officer Ficarra.  Never happened.  She also claimed to not have an interpretor.  But see here and see here.

(Chapter 10, Page 89) The ‘‘interrogation’’ with Mignini.  Detailed, but total BS.  It never happened.

(Chapter 11, Page 95) Knox claims she was told she was being held for ‘‘bureaucratic’’ reasons.  She knew why she was arrested.

(Chapter 11, Page 96) Knox sends her 3rd statement.  Read it and tell me that this is not total junk.

(Chapter 11, Page 100) Knox describes a search that would qualify as sexual assault, if it were actually true.

(Chapter 18, Page 142) Knox herself released the positive HIV test, and used it to try to gain sympathy.

(Chapter 20, Page 155) Knox misrepresents the grilling from Mignini, and who her lawyers were. See the transcripts here and here and here and here.

(Chapter 22, Page 180) Knox supporters claim Guede got his sentence reduction to testify, but here Knox admits Guede went ‘‘short-form trial’’ for the 1/3 reductions.

Knox had another attorney, Giancarlo Costa., who was present with Luciano Ghirga at Knox’s December 2007 questioning from Mignini.  He left shortly after this, likely due to frustration.  In the book Knox lists Ghirga and Vedova (who was not yet retained).  In fact, Costa is not mentioned at all throughout the book.  Probably to his benefit, as Ghirga and Vedova are ‘‘quoted’’ as saying many false and insulting things, including being credited with helping to write this ‘‘memoir’‘.

Knox also adds stories about other people engaging in drug use and casual sex, but I disbelieve just about everything she says.

6. Tortured Logic

Myth: There is no evidence, and what there is, is unreliable (Knox lawyer Ted Simon)
Fact:  For there to be unreliable evidence, there has to be evidence in the first place.  Is this moron really a lawyer?

Myth:  There is no evidence against Knox and Sollecito, and the evidence is only circumstantial.
Fact:  For evidence to be ‘‘merely’’ circumstantial, it still has to exist.  And different types of circumstantial evidence together can be very compelling.

Myth:  If the prosecution actually had a case, there would be no need to drag Knox’s personal and sex life into the spotlight.
Fact:  The prosecution actually has a very strong case, it is Knox who keeps bringing up her sex life (either as a diversion, or because she’s weird)

Myth:  There is no evidence against me (Sollecito interviews), and nothing very strong against Amanda.
Fact:  You just admitted there is something against Amanda.

Myth:  The evidence against Guede is rock solid.  The evidence against Knox and Sollecito is contaminated.
Fact:  The same CSI’s investigate the whole crime scene.  Either they did a good job, or they didn’t, you can’t have it both ways.

Myth:  There is nothing to place Amanda and Raffaele in Meredith’s bedroom.
Fact:  Aside from RS’s DNA on bra-clasp and AK’s shoeprint,
    -There is Filomena’s room (alleged point of entry), with mixed DNA from Amanda/Meredith.  It was ransacked BEFORE with window was broken.
    -There is no trace of Guede in Filomena’s room (even though he supposedly scaled the wall, and broke in through the window).
    -There is Amanda’s bedroom (lamp taken for cleanup) and wiped of prints
    -There is Amanda’s bathroom (used to washup), mixed DNA from Amanda/Meredith, RS’s footprint on mat.
    -There is Laura/Filomena’s bathroom (Rudy used), which Knox deliberately avoided flushing the toilet.
    -There is the hallway (access between the rooms) with Knox and Sollecito’s bloody footprints, wiped away, revealed with luminol..

        Seems like the entire house is a crime scene, and in the book, Knox does mention some of this.

Myth:  There is no forensic evidence Knox and Sollecito were involved.
Fact:  Aside from being false, the other ‘‘non-existent’’ evidence listed here:
    -Knox’s false accusation of Lumumba to divert attention from herself.
    -Knox’s false accusations of police brutality to try to get off on the charges.
    -Knox and Sollecito both turning off their cellphones (then denying it, then offering different justifications for it)
    -Knox and Sollecito both gave numerous false alibis.
    -Knox knew inside details, such as Meredith screaming, having her throat cut, and where she died.
    -Testimony from witnesses such as Curatolo, Quintavalle
    -Testimony from Laura, Filomena, and Meredith’s British friends.
    -To this day, Knox and Sollecito cannot provide a clear or consistent account of where they were, and what they were doing.

        They would likely have been convicted on these facts alone, and the book does address (but dismiss), many of these points.

7. My Own Conclusions

WTBH is about 90-95% total bullshit, and I am giving Knox the benefit of the doubt here.  She sprinkles truth here and there, just enough to make it arguable.

Knox writes in lurid detail about her sex life, and keeps bringing up her rabbit vibrator.  It doesn’t help clarify what she was doing when the murder took place, and doesn’t really give any information that would lead to other suspects.  All it does is reinforce the notion that she is unstable, sex obsessed, and totally clueless to the reactions of other people.

My own take is that this is Knox’s revenge. She is getting to slime everyone she didn’t like—which is just about everyone. 

While Sollecito obviously didn’t write Honor Bound (he just couldn’t with his poor English skills), I believe that Knox is the primary author of WTBH.  Linda Kulman may have helped with some parts, but this sounds to me like Amanda.

While Knox repeatedly goes on the ‘‘No Evidence’’ mantra, this book (if you can stomach reading it), very much refutes her media claims.  In a very loopy way, Honor Bound (authored by Andrew Gumbel), does the same thing, tacitly admitting many key prosecution facts.  Both books are arrogant, nasty, spiteful, partial confessions.

Here is a screwed up thing: This is only a partial summary.  The full book analysis is coming.  The floodgates are opening.

8. This isn’t the Beatles, but…

The payback is here
Take a look, it’s all around you
You thought you’d never shed a tear
So this must astound you, and must confound you
Buy a ticket for the train
Hide in a suitcase if you have to
This ain’t no singing in the rain
This is a twister that will destroy you

You can run but you can’t hide
Because no one here gets out alive
Find a friend in whom you can confide
Julien, you’re a slow motion suicide

(Lyrics from ‘‘Julien’’ by Placebo)


Sunday, February 15, 2015

Sollecito v Italy & Guede: My Subtitled YouTubes Of Rudy Guede’s Interview with Leosini

Posted by Eric Paroissien













Saturday, February 07, 2015

Sollecito On Italian TV: Seems RS And AK Selling Out One Another Is Gravitating To A Whole New Plane

Posted by The TJMK Main Posters





Nearly 30 instances of Knox and Sollecito selling out one another since 2007 were described here.

In addition to those,  their two books also took some subtle whacks, and also there have been some other media instances since. Sollecito took several more whacks at Knox on the national crime show Porta a Porta last night.

That and his bland evasive, nervous manner seems to have done himself harm too. Italy has watched this tired show too often now, and it was Porta a Porta back in 2012 which first surfaced false accusations of crimes in his book for which he is now on trial in a Florence court.

Amazingly, Sollecito admits to stalking and harassing Meredith’s family, which under Italian law (and UK law and US law) for the protection of victims and their families is itself a felony crime. There should be no attempts at communication with them at all. Knox too has been harassing and stalking the family, and dangerously encouraging the more unstable of her followers to follow suit.

Our main poster Jools kindly translated this from the newspaper for Sollecito’s home town. Note the passages in bold.

Raffaele’s Truth

Sollecito guest of “Porta a Porta” told his side of the story about the murder of Meredith Kercher

“Yes, I have thought I could be going to prison, for me this is astonishing. I done nothing, I have nothing to do with it and there is nothing that places me on the crime scene in a factual manner.” Words pronounced by Raffaele Sollecito during the Rai 1 program “Porta a Porta”, hosted by Bruno Vespa. The computer engineer from Giovinazzo is accused of the murder of British student Meredith Kercher, which occurred in Perugia the night between 1 and 2 November 2007.

In seven years there have been four trials. Convicted in first instance trial with Amanda Knox, Sollecito was acquitted on appeal court. But that appeal court decision has been annulled at the Court of Cassation, leading to a new conviction sentence of 25-years. In March, exactly on the 25th, Raffaele Sollecito will face the final instance of the process. In prison for the time being there is only the Ivory Coast national Rudy Guede, who is serving a definitive 16-year sentence. “My life did not changed on the night of the 1st and 2nd November ““ said Sollecito pressed by Bruno Vespa - but when the investigators took me to jail. Knowing, meeting, making the acquaintance of Amanda fatally brought me into this hell.”

Raffaele’s life is suspended pending the final verdict, while Amanda Knox lives in the United States where she works writing theater reviews for a local newspaper in Seattle and is considered a victim of the Italian judicial system. “I can not answer for Amanda,” Sollecito reminded Vespa and then retraced the events of that night: “From around the hours of 20:30/21:00 I was home - said the accused - and I did not go out to Via della Pergola with Amanda when she went back. I stayed behind sleeping. At that time of my life I was smoking a joint every now and then, especially if I was in company - he admitted - and that night I smoked a very small amount present in my drawer. In fact, the investigators did not find anything because it was a little amount totally smoked.”

This would justify the sketchy memories in relation to those hours. Raffaele Sollecito does not remember when Amanda came back to the apartment but he is certain, “Amanda did not sleep at my place” [Ed note: mistake here, he said Knox did sleep at his place.] About the strange way the American woman behaved in the hours immediately after the murder, Sollecito reiterated that, “Amanda explained during the court hearings of being frightened during the interrogation.”

Just like the American student at the time, Sollecito wanted to stress of having suffered “relentless pressure from the investigators. They told me I would never be released from prison. They kept me 15 hours under interrogation. I fell into contradiction for not understanding what day they referred. They took off my shoes, leaving me barefoot, thinking that those shoes were the ones I was wearing during the murder. Then they admitted my consultant was right after eight months ““ he stressed - about the shoeprint found in Meredith’s room, while we had already provided that proof after 2 months. It was my consultant to find the inconsistencies of the prosecution.”

The morning the body of the poor British girl was found, Sollecito recounts, “Amanda told me that she saw the shattered window [panes] and the door to her house wide open and that she thought her roommates had gone to take out the garbage. There were a few drops of blood when I arrived. Meredith’s door was key locked and I told Amanda to call her roommates and Meredith.” In any case, following a question by Vespa he specified, “I don’t think Amanda killed her. It doesn’t seem possible. I would have noticed something. This argument seems to me unlikely. But she must respond herself to these allegations, not me.”

Things did not go well and then came the judicial ordeal that still continues and that rather involves him personally. Raffaele is certainly different, now an IT graduate who struggles to find work, but who still wants to shout to the world his innocence after 7 years. He watched the images of his fellow citizens and friends defending him during a broadcast report and recounts of having tried to contact the victim’s family, “I have tried several times to talk to Meredith’s parents - he said -. If the facts are looked at in an impersonal way one understands that a lot of mistakes were made. I sent a letter to Dr. Maresca their legal representative, with not getting any replies. Even my family has tried to contact them, without them ever coming to approach.”

The question mark with which Sollecito will be arriving on March 25, the date of the trial before the Supreme Court, remains the same for a long time: “What motive did I have to hurt Meredith? This is about having justice on what is the truth.” One truth and a justice that now are in the hands of the Roman judges.

In fact as most Italians know Sollecito was interrogated quite briefly that night and the only pressure was from his own phone records, showing he had lied. Knox was not formally interrogated at all. Her ONLY pressure came directly from him.

Our main poster Yummi suggests that what was going on here could be this:

The purpose of his show seems to me to be to point out the “difference of positions” between Sollecito and Knox. I think it is obvious that this is the main “message” of the Porta a Porta show; and I talk not just about the content of his interview, but also the whole setting, the framework including the journalist’s report on the show about the Florence trials in which the “main points” of his defence were described..

Sollecito does not make explicit statements to put more distance between him and Amanda, not more than he already had. But the theme of “difference of positions” is highlighted, and he even draws attention to some known inconsistencies such as the open/closed Filomena’s door.

Indeed he himself makes a declaration contradicting his own statements to the police and to Judge Matteini, and in his own diaries (in the show he says “socchiusa”, but he wrote “spalancata” in his prison diary and this is what he stated to the investigators too); but what he tries to do in the show is to point out himself the inconsistency as something that is responsibility of Amanda, one of the things “she should explain”.

The report - to which his attorneys may well have contributed - points out that the “main defence points” at the Florence trial were:

1) that “Raffaele is not Amanda” (he happens to be implicated because of evidence against Amanda), and

2) that Amanda herself does not place Raffaele Sollecito on the scene of crime in her statements; it is remarkable that Sollecito highlights the content of Knox’s statements from Nov. 5-7 rather than her subsequent claims; and the same defence arguments even imply that Knox does not place herself in the company of Sollecito at all..

Another point that I found remarkable, was when Sollecito points out how it was “a judges’ finding” that he was a “collateral effect” [sic]; I mean it is glaring that he quotes the courts as a source that adds credibility to his theory.

So by the end I thought the setting of this show included “help” given to the journalist Vanni by Sollecito’s attorneys, and I think the purpose is obvious, if we want to see it as a kind of message-in-a-bottle to the Supreme Court on approaching the March 25th hearing.

It is basically a point of law, that is that the evidence against Amanda Knox should not be transferred onto him. This is the aspect he really wants the Supreme Court to review. Amanda Knox has “things to explain” and he should not be demanded to answer for them.

As Knox might now want to point out, there is of course very extensive evidence tying Sollecito to the crime. Consider this and in particular this.


Tuesday, December 16, 2014

The Knox Interrogation Hoax #17: The Fifth Opportunity Knox Flunked: RS Supreme Court Appeal

Posted by The TJMK Main Posters



Media outside the Cassation back entrance waiting for news of the ruling

1. Where This Series Stands

Dozens of people have very aggressively gone to bat for Knox over her “interrogation” and still do.

They trust that one or other of her versions of the 5-6 November 2007 police-station session is right.

We have been demonstrating the rock-solid evidence that Knox and her supporters have lied and lied and there will be more evidence of this to come.

We’ve shown in this series that Knox insisted on being there; she was merely helping to build a list; she was treated kindly and taken for refreshments; she was the only one overheard by anyone to raise her voice, when she screamed about Lumumba “He did it!”; it was Sollecito not the police saying that she had been lying and had made him lie; and there is documentary evidence that the police investigators who sat with Knox told the truth.

Coming soon, we are going to post hundreds of very nasty claims by Knox shills, all sparked by and never reigned in by Knox.

2. The Pre-Trial Hurdles Knox Failed

Do you know how many major opportunities before her 2009 trial started Knox was given to get the murder charges dropped? This is not something Knox supporters trumpet about, if they even know.

In fact there were six, and Knox dismally failed them all.

In 2007 there were (1) the Matteini hearing and (2) the Ricciarelli hearing in November and (3) the Mignini interview in December.  And in 2008 there were (4) the separate Knox appeal and Sollecito appeal to the Supreme Court in April, and (5) the first Micheli hearings in September, and (6) the second Micheli hearings in October, which dispatched Knox and Sollecito for trial.

In all six instances Knox’s team also had the opportunity to get the charges against Knox for calunnia against Lumumba dropped.

3. Sollecito’s appeal to the Supreme Court

In Knox Interrogation Hoax #16 we described the fourth pre-trial hurdle Knox failed to make. That was her appeal to the Supreme Court against the Matteini and Ricciarelli rulings that much evidence pointed to her and for the safety of others she needed to be kept locked up.

Knox hadnt really lifted a finger to deflect suspicion away from Sollecito and the same thing applied in reverse from 2007 right through to 2014 with the one bizarre exception of Sollecito’s book.

Catnip kindly provided this translation below of Cassation’s ruling on Sollecito’s appeal in April 2008 that much evidence pointed to him too and for the safety of others he also needed to be kept locked up.

If Sollecito had not fingered Knox at his own interrogation on 5-6 November 2007 which set her fireworks off, here was his second chance after his memo to Judge Matteini to set things straight and get her off the hook. 

So did he? No. He again left Knox dangling in the wind. 

Summary: Held: the decision to continue pre-trial prison detention for the suspect was reasonable.

THE REPUBLIC OF ITALY
IN THE NAME OF THE ITALIAN PEOPLE
THE SUPREME COURT OF CASSATION
SECTION 1 CRIMINAL DIVISION

Comprised of the most Honourable Justices:
Dr Torquato GEMELLI - President -
Dr Emilio Giovanni GIRONI - Member -
Dr Maria Cristina SIOTTO - Member -
Dr Umberto ZAMPETTI - Member -
Dr Margherita CASSANO - Member -

have pronounced the following

JUDGMENT

on the appeal lodged by:

(1) RS, born on X, against Order of 30/11/2007 Liberty Court of Perugia;

having heard the relation made by Member Emilio Giovanni Gironi;

having heard the conclusions of the Prosecutor-General Dr Consolo for its rejection;

having heard the defence advocates G and T (substituting for advocate M).

REASONS FOR THE DECISION

The order referred to in opening confirmed, at the Re-examination stage, the one by which the GIP [the Preliminary Investigation Magistrate] had applied pre-trial prison detention of RS for participation in the murder of MSCK, the which occurring in Perugia on the evening of the 1st of November 2007 by means of a cutting weapon, in an alleged context of sexual assault by a group, in which there would have taken part, in addition to S, his girlfriend AK and a RHG, who had left behind a palm print on the bloodied pillow on which the victim’s body was resting and whose DNA was found on the vaginal swab taken from the body of the same and on faecal traces found in a bathroom of the house that the victim was sharing with Ms AK and two Italian students.

The picture of circumstantial evidence specifically concerning S consists of the identification of a print left in haematic material present at the scene of the crime of a sports shoe held to be compatible, because its dimensions and configuration of the sole, with the type of footwear, “N” brand size 42.5, used by the suspect; of the recovery ““ in the kitchen of his house ““ of a kitchen knife bearing traces of Ms AK’s DNA on the handle and on the blade traces of Ms MK’s DNA; and of the collapse of the alibi put up by the young man (having been disproven by technical investigations carried out), in which, as asserted by him, he had interacted with his computer during the hours in which, according to the forensic pathologist’s reconstruction, the criminal fact would have occurred, that is between 22:00 and 23:00 of the 1st November 2007; from the investigations carried out up until now it would appear, in fact, that the last interaction with the machine on 1 November occurred at 21:10 and that the subsequent one took place at 5:32 the day after, when S also reactivated his mobile phone, acts witnessing thereby an agitated and sleepless night. Equally disproven was that the young man had received a phone call from his father at 23:00 on the night of the murder, it resulting, instead, that said call had happened at 20:40.

Against S, caught at the time of arrest with a switchblade initially considered compatible with the wounds found on the neck of the victim, would line up, in addition, the mutability of the stories given to the investigators by the same and by his girlfriend, having initially maintained they had remained the whole evening and night in the young man’s house, later to state, instead, that at a certain point Ms AK would have left to meet the Ivorian [sic] citizen PDL, manager of a pub in which Ms AK was undertaking casual employment, she making a returning to her boyfriend’s house only around one in the morning.

It must, finally, be added that the same Ms AK had, amongst other things, initially referred (not confirming, in any case, the thesis in confused and contradictory subsequent versions) to having taken herself to her own house with L, where this latter (he also was struck with a custody order, later revoked after the previously mentioned identification of G’s DNA) had had sexual relations with Ms MK, and to having, while she herself was in the kitchen, heard her friend scream, without, further, remembering anything else of the subsequent events, up until the occurrences of the day after, marked by the discovery of traces of blood in the small bathroom next to Ms MK’s room and culminating in the discovery of the body, after the intervention of the forces of law and order (the police appear, in particular, to have intervened prior to the call to 112 effected by S); in particular, the young woman was specifically pointing out not being able to remember whether S were also present in the victim’s house on the occasion of the events just described.

The Re-examination Court concluded recognizing, for the purposes of maintaining pre-trial detention, the persistence of all the types of pre-trial exigencies mentioned by Article 274 Criminal Procedure Code.

The S defence has indicated an appeal, on the grounds of, with new reasons as well:

““ reference to Ms AK alone of the circumstantial evidence constituted by the presence of biological traces from her and from the victim on the knife found at S’s house;

““ absence, at the scene of the crime, of biological traces attributable to the suspect [ndr: note, this was before the bra-clasp tests had been done];

““ arbitrary transference onto S of the weighty circumstantial evidence against Ms AK, on the unfounded assumption that the pair could not have been anything but together at the moment of the homicidal fact;

““ inexistent evidential value of the phases relative to the discovery of the body;

““ absence of blood traces from the soles of the “N” shoes worn by the suspect even at the moment of his arrest;

““ absence of any evidential value of merit, alleged failure of the alibi, constituting the use of his computer, of which the falsity has not in any case been ascertained, of the lack of interaction by the subject with the machine after the last operation at 21:10 not permitting the inference that the computer was not, however, engaged in downloading files (being, to be specific, films);

““ irrelevancy of the mistake revealed between the indicated time of the phone call to the father furnished by S and the actual time of the call, given the uncertainty of the time of death of the victim, depending on the time, otherwise uncertain, of the consumption of the dinner (according to various witness statements coinciding with 18:00), it being well able, therefore, for the time indicated by the forensic pathologist (23:00) to be revised backwards to 21:00, a little before which time the witness P had referred to having made a visit to S, finding him at home and not on the verge of going out;

““ interpretability of the so-called unlikelihood of the versions supplied by the suspect as attempts to cover for (aid and abet) another subject;

““ attribution of the victim’s biological traces found on the knife seized at S’s house to chance contamination not related to the homicidal fact;

““ insufficiency of the pre-trial exigencies, having diminished in a probative sense after the return to Italy of G; those relating to risk of flight lacking in specificity and concreteness; and with reference to the conventional content of blogs posted on the internet by the suspect, those relating to danger to society illogically reasoned;

““ missing appearance of the young man’s walk, via security cameras installed along the route that the aforesaid would have had to traverse to go from his house to that of the victim’s.

THE APPEAL IS UNFOUNDED

As regards what this Court is permitted to appreciate, not being able here to proceed with a re-reading of the investigative results nor with an alternative interpretation of the factual data referred to in the custody order, the appellant defence substantially contests the recognition, as against S, of the necessary requisite of grave indicia of culpability. The question thus posed and submitted for scrutiny by this bench of the well-known limits of the competence of the court of merit, it must be held that the finding expressed by the Re-examination judges concerning the gravity of the frame of circumstantial evidence is not susceptible to censure.

Not upheld, in the first place, is the defence submission according to which the knife bearing the genetic prints of Ms AK and of Ms MK found in S’s house would constitute a piece of evidence relevant solely as against the young woman, even if privy of traces attributable to the suspect, the utensil has as always been found in the young man’s house, and the testimony acquired up until now has led to the exclusion that it formed part of the inventory of the house inhabited by the victim, and which, at the time, and until proved to the contrary, must be held to be the same available for use by the suspect and which had been used in MK’s house, there being contested no access by her to S’s house.

Given the multitude of group contributive possibilities, the fact is not significative, then, in itself being a neutral element, that on the scene of the crime there are no biological traces attributable to S, to which, in any case, is attributable the “N” brand shoe print considered compatible, by dimensions and sole configuration, with the footwear worn by the suspect at the time of arrest. Although having the same impugned order excluded, at the time, the certainty of the identification constitutes as, in any case, a certain datum that the print in question had been made in haematic material found in Ms MK’s room by a shoe of the kind and of the dimensions of those possessed by the appellant, while it remains to be excluded that this could have originated from G’s shoe, who wore a size 45 and, therefore, dimensions notably larger. The revealed coincidence, notwithstanding the residual uncertainty on the identification, assumes particular valency in relation to the restricted circle of subjects gravitating to the scene of the homicide, with not even Ms AK, who made admissions about her presence on site at the same time as the execution of the offence, excluding the presence of her boyfriend in the victim’s house in the same circumstance; nor can it be held that the print could have been left by S the following morning, he never having claimed to have entered into the room wherein the body was lying.

It does not answer, therefore, to verity that, as against the young man, there had been recognized, by a phenomenon of transference, items of circumstantial evidence in reality pointing solely to Ms AK.

The last finding held unfavourable to S is constituted by the failed proof of the alibi constituted by the argument of the suspect as having remained at home on the computer until late at night; it being a matter of, properly speaking, an alibi failing up till now and not of a false alibi and the defence, correctly, does not refute the technico-judicial valency of the circumstantial evidence, but it remains, in any case, acquired into the case file that the accused had not been able to prove his absence from the locus of the crime at the same time. An item up until now assumed as certain is, instead, the fact that S had interacted with his computer at 5:32 the morning following the murder, at around the same time reactivating his own mobile phone, a contradiction of the assumption of a waking up only at 10:00 and a symptomatic tell-tale of a more or less sleepless night; likewise as symptomatic was held to be the nearly simultaneous cessation of telephonic traffic as much by Ms AK, in his company the evening of 1 November 2007.

The proof of a permanent stay in his house by the suspect can, all told, be considered as acquired up until 20:40 ““ coincident with P’s visit ““ who confirmed his presence, or up until 21:10, the last interaction time on the computer, but this does not cover the time of the homicide, located between 22:00 and 23:00.

As for the proposed argument that S’s conduct were interpreted as aiding and abetting, this does not result, in the event, as being supported by anything emerging from the investigations and its plausibility cannot be verified by the judges of merit.

In conclusion, the Re-examination Court’s evaluation as to the gravity of the circumstantial evidence picture are removed from the audit of this court.

There remains, finally, the finding that for what concerns the pre-trial exigencies, those of a probative nature are not able to be considered as ceasing from the sole fact of G’s re-entry into Italy (amongst other things significantly never invoked in the statements by the suspect and by his girlfriend, who instead co-involved L in the proceedings), given the existence of an investigative picture in continual evolution, in which the positions of the various protagonists so far remain unclear, the changing versions of which are marked by reticence and mendaciousness (the same suspect had, in truth, admitted to having, at least initially, told “˜a load of balls’); but the permanence of pre-trial exigencies had been held reasonablely even under the aspect of flight risk, in relation to the gravity of the charges and of the potential sanctions, not to mention danger to society, given the revealed fragility of character and the specific personal traits of the subject, ““ which would narrowly evaluate as innocuous youthful stereotypes ““, in a context the more connoted by the noted habitual use of drugs.

FOR THESE REASONS

Rejects the appeal and sentences the appellant to payment of costs of the proceedings. Article 94 para 1 ter, and activating provisions, Criminal Procedure Code, applies.
Rome, 1.4.2008.

DEPOSITED IN THE REGISTRY ON 21 APRIL 2008


Saturday, November 29, 2014

The PMF/TJMK Master Evidence List: First Of Our Projects To Make The Final Picture Whole

Posted by The TJMK Main Posters



High-achiever Meredith Kercher was born less than one mile south of this famous London landmark

Building An Evidence Mountain

There are really three pictures, not just the one, still to be fully made whole.

  • That of Meredith. We believe a family site will soon add to the fine book published by Meredith’s dad.

  • That of all of the evidence the court acquired in 2009, which is the sole picture the Italian citizenry takes seriously.

  • That of the misleading campaign by the Knox and Sollecito PR shills, leaving some in the UK and US misled.

The Master Evidence List is a key part of the second picture and there are several other media-friendly pages still to come.

Click here for the rest


Tuesday, November 18, 2014

The Knox Interrogation Hoax #16: The Fourth Opportunity Knox Flunked: AK Supreme Court Appeal

Posted by The TJMK Main Posters



Media outside the Cassation back entrance waiting for news of the ruling

1. Where This Series Stands

Dozens of people have very aggressively gone to bat for Knox over her “interrogation” and still do.

They trust that one or other of her versions of the 5-6 November 2007 police-station session is right.

We have been demonstrating the rock-solid evidence that Knox and her supporters have lied and lied and there will be more evidence of this to come.

We’ve shown in this series that Knox insisted on being there; she was merely helping to build a list; she was treated kindly and taken for refreshments; she was the only one overheard by anyone to raise her voice, when she screamed about Lumumba “He did it!”; it was Sollecito not the police saying that she had been lying and had made him lie; and there is documentary evidence that the police investigators who sat with Knox told the truth.

Coming soon, we are going to post hundreds of false claims made by Knox shills, all sparked by and never reigned in by Knox.

2. The Pre-Trial Hurdles Knox Failed

Do you know how many major opportunities before her 2009 trial started Knox was given to get the murder charges dropped? This is not something Knox supporters trumpet about, if they even know.

In fact there were six, and Knox dismally failed them all.

In 2007 there were (1) the Matteini hearing and (2) the Ricciarelli hearing in November and (3) the Mignini interview in December.  And in 2008 there were (4) the separate Knox appeal and Sollecito appeal to the Supreme Court in April, and (5) the first Micheli hearings in September, and (6) the second Micheli hearings in October, which dispatched Knox and Sollecito for trial.

In all six instances Knox’s team also had the opportunity to get the charges against Knox for calunnia against Lumumba dropped.

As you will have seen in previous posts, Knox’s team pussyfooted about without conviction in the few brief instances when the 5-6 November session was discussed. In the Mignini hearing of 17 December 2007 they eventually advised her it would be in her best interests to shut up.

This post covers the third hurdle, specifically why in April 2008 the First Criminal Section of the Supreme Court ruled that for reasons of evidence and psychology Knox and Sollecito should remain locked up and the judicial process against them should go forward.

Please consider this meticulous (and for the pair, damning) statement, which denied their release, in light of a couple of explanations which follow in Part 4 below.

3. Catnip Translation: Gemelli Report On Knox

The Judgment

REPUBLIC OF ITALY
IN THE NAME OF THE ITALIAN PEOPLE
THE SUPREME COURT OF CASSATION
FIRST CRIMINAL DIVISION

Comprised of the Most Honorable Justices
Dr Torquato GEMELLI ““ President
Dr Emilio Giovanni GIRONI ““ Member
Dr Maria Cristina SIOTTO ““ Member
Dr Umberto Zampetti ““ Member
Dr Margherita CASSANO ““ Member

has pronounced the following

JUDGMENT

on the appeal lodged by AMK born on X

against the Order of 30/11/2007 Liberty Tribunal of Perugia

having heard the relation [legal analysis] made by the Counsellor [Judge] Margherita Cassano

having heard the conclusions of the Prosecutor-General Dr S Consolo who has prayed the rejection of the appeal

HAVING FOUND IN FACT

1. With the order of 30 November 2007 the Perugia Court, as constituted under Article 309 Criminal Procedure Code, rejected the submission to review lodged by AMK and, as a consequence, confirmed the precautionary prison custody measures disposed in her matter on the 9th November 2007 by the GIP of the same Court in relation to the offences of aggravated wilful homicide in company and in sexual assault by a group, committed on the day of 1 November 2007 against MSCK.

2. According to the reconstruction put forward by the judges of merit, on the 2nd November 2007, around 12:35, the State Police, to whom had been signalled the discovery in the garden of a house of two mobile phones, both resulting to be in the service of the American [sic] citizen MSCK, intervened at an apartment in Via della Pergola in use by Ms K and AMK and two Italian women. At the place were found AMK and her boyfriend RS, the which declared they were expecting the arrival of the Carabinieri, called by them after having discovered that the window of one of the rooms of the habitation presented with broken glass.

The crime scene inspection immediately carried out inside the apartment led to the discovery in the bedroom occupied by Ms K, locked under key, of the body of the woman, which, at the level of the head, was immersed in a lake of blood, was dressed only in two tops pulled above the breast and was covered with a blanket. Beneath this latter was found the print of a shoe in haematic material, collected, besides in the room of the offence, also in a small bathroom adjacent to the same. In a second bathroom, used by the two Italian lessees of the apartment, were found faeces and other natural biological residues. The autopsy immediately carried out permitted the establishment of the cause of death, collocatable around 22 hours of the day of 1st November 2007, to have been due to a haemorrhagic shock from vascular lesions to the neck from an edged blade and that the instrument used to restrain her was constituted of a pointed instrument capable of penetration and with a sharpened profile capable of cutting tissue.

The victim’s body did not present unequivocal signs of sexual assault even though there were found things of some medico-legal interest, in the sense of the observed anal dilation of two-three centimetres, the discovery of minute ecchimoses on the posterior part of the anal ring (otherwise compatible with situations of constipation) and, above all, mauvish marks on the inner face of the labia minore, suggestive of a sexual rapport carried out with haste and occurring a little before the death.

3. The Court had found that grave indicia of guilt as against the suspect were constituted by the following elements:

(a) the autopsy results and the medico-legal report;

(b) the discovery of a knife with dimensions of 14cm for the handle and of about 17 for the blade, seized from inside a drawer of cutlery located in the kitchen of the home of S, carrying, on the handle, traces of DNA referable to Ms K and, on the blade, traces of DNA ascribable to the victim;

(c) statements made by persons informed of the facts, FR and LM, housemates of the victim, who without contradiction excluded that the seized knife were part of the their apartment’s endowment and made mention that Ms K, on the day of the fact, was wearing a top, which has not yet been found;

(d) outcome of the technical tests carried out on a pair of shoes, N brand, size 42.5, property of S, evidencing a perfect correspondence between the aforesaid footwear and the print found at the location of the homicide, as well as on the door of the Via della P apartment which did not present signs of forced entry;

(e) results of technical tests carried out on the palm print found on the pillow on which the victim had been placed and resulting as belonging to RHG, a citizen of the Ivory Coast, nicknamed “˜the Baron’, known to AMK;

(f) presence of RHG’s DNA on the vaginal swab taken from the cadaver during the autopsy and on the fragment of toilet paper taken from inside the larger bathroom of the apartment, where faeces had been found, resulting as being from G;

(g) outcome of biological tests carried out on the blood found in the apartment’s small bathroom, in use by the victim and Ms K, which permitted the establishment that to the victim were attributable the bloodstains present on the mat, to Ms K those found on the washbasin, and to both of the women the blood traces found on the bidet;

(h) statements made by the American [sic] citizen RCB, the which, having returned home to her country a few days after the fact, referred to the Authorities that Ms K, while waiting to be interviewed by the Police on the morning of the 2nd November 2007, had told her of having seen M’s body on a wardrobe (or reflected on a wardrobe) with a blanket on top of her and of having seen her friend’s foot after a police officer had opened the door, circumstances conflicting with the modality of intervention at the apartment;

(i) statements made by the friends of MSCK, the which without contradiction said that the woman had spent the afternoon of the 1st November 2007 in their company and had left their house in the company of SP, who, reaching her own domicile in Via del L around 20:55, had parted from the victim, whose apartment in Via della P was less than 10 minutes’ distance from Via del L;

(l) statements made by FR and PG, contacted by A after ascertaining that the front door of their house was open, that there were blood stains and that the window of MSCK’s room presented with broken glass

(m) statements made by S on the 2nd, 5th and 6th November regarding his movements both alone and with AMK between the day of 1 November 2007 and the following 2 November, in regards to what was found inside the Via della P apartment, to the call for help to law enforcement, not to mention the reference to the search for strong emotion contained in various of his writings posted on his blog;

(n) statements made on 6 November 2007 at 1:45 by Ms K which indicated L, entranced by M, as the author of the murder after a sexual relation with the victim;

(o) spontaneous statements made by Ms K on 6 November 2007 at 5:45 from which it emerged that L and M had gone to her room, that, at a certain point, M had started to scream, such that A, so as not to hear, had put her hands on her ears, that maybe S was also present in the house;

(p) contents of the account written by Ms K which repeated having heard M scream, to having removed herself into the kitchen and of having blocked her ears with her hands so as not to hear her friend’s scream and of having seen blood on S’s hand during the dinner that had taken place around 23:00 hours on the day of 1 November 2007 in S’s apartment;

(q) contents of a recorded conversation in prison on 17 November 2007 relating to a discussion between Ms K and her parents in the course of which the woman, amongst other things, said “It’s stupid, because I can’t say anything different, I was there and I can’t lie about this, there is no reason to do it”;

(r) tests carried out on the computer and on the mobile phone used by S, from which it emerged that, contrary to the defensive stance of the suspect, his computer had not been used during the night and had been activated only at 5:32 on 2 November 2007 and that, likewise, his mobile phone also had been off during the night and had been first used at dawn on 2 November 2007.

The Re-examination judges concluded recognizing, for continuing the precautionary custody measure, the continuance of all the typologies of precautionary requirements mentioned under Article 274 Criminal Procedure Code.

4. Against the cited order there has been submitted an appeal to Cassation, through her lawyers, by AMK, the which, also by means of a defence memorandum, alleges:

(a) violation of Article 309 paragraph five Criminal Procedure Code with reference to the omitted transmission to the Re-examination Court of the statements made by the suspect RHG arrested in Germany in the execution of a European Arrest Warrant, constituting, contrary to what was adopted by the Re-examination Court, an element favourable to the suspect, relevant for the indication of the author of the offence, identified as an individual of the male gender and, contrary to what as held by the Court, fully usable, given the basis of their acquisition into evidence under Articles 22 and 28 of the law on international judicial representation in criminal matters of 23 December 1982;

(b) Violation of Article 250 paragraph seven, and 357 paragraph two, Criminal Procedure Code, being placed at the foundation of the custody order and of the subsequent provisioning by the Re-examination Court, which indicative elements, the statements made by Ms K on 6 November at 1:45, without defence safeguards, the “spontaneous statements” made at the time of 5:45 hours, are not classifiable as such, given the procedural status invested on her in the meantime, all acts fully non-usable inasmuch acquired in patent violation of Article 63 Criminal Procedure Code;

(c) Violation of law, deficiency and manifest lack of logic in the reasoning with reference to the picture of circumstantial gravity, having regard: (a) to the personality of the suspect, a young foreigner with unblemished record, with a perception of reality altered by cannabis use, a substance which also may have been influencing her excessive and dreamlike behaviours; (b) to the seriously lacunose character of the translation of passages of the suspect’s hand-written account, analysed in a partial manner; (c) to the not unambiguous reading of the contents of the recorded conversation of 17 November 2007 between the suspect and her parents in prison; (d) to the non-probative nature of the DNA traces found on the seized knife, of the suspect’s blood stains on the mat and basin in the small bathroom of the apartment occupied by, amongst others, the victim and Ms K;

(d) Lack and manifest illogicality in the reasoning with reference to the considered circumstantial value, as against the suspect, of the results of tests carried out on the vaginal swab and on the knife in custody, with an un-reasoned devaluation of the considerations put forward by the defence;

(e) lack and manifest illogicality of the reasoning, distortion of the fact with reference to the considered presence of the suspect on the location of the fact and to her contribution purportedly made to the consummation of the offence;

(f) violation of law, deficiency and illogicality of reasoning as to the configurability of the precautionary requirements, given: (1) the absence of a specific danger in evidentiary acquisition even in the light of investigative developments which have evidenced Ms K’s extraneity to the commission of the offence and have allowed the acquisition of statements by fellow-suspect G; (2) the lack of an objective risk of flight in the light of international cooperation between Italy and the USA which would permit, once the suspect’s responsibility has been definitively ascertained, full judicial cooperation; (3) the lack of danger of repetition of the offences.

Observes as of law.
The Appeal Is Unfounded.

1. With reference to the deduced violation of Article 308 paragraph five for omitted transmission to the Re-examination Court of elements appearing favourable to the person placed under investigation (in the type of statements made by G to the German Judicial Authority in the ambit of European Arrest Warrant procedure), this Bench observes as follows.

For “elements in favour of the person placed under investigation” must be understood to mean those objective results, of probative value, suitable for being of positive influence in the evaluative complex of the custody picture (Cass., Sez. IV, 22 giugno 2005, rv. 231749) and in the concrete usable for exculpating the suspect (Cass., Sez. I, 26 settembre 2000, Corrente, rv. 217611) and not information that resolves itself into mere reformulations of the prosecutorial hypothesis or in the advancing of alternative hypotheses (Cass., Sez. Un. 26 settembre 2000, Mennuni).

In line with this interpretative stage there are to be excluded from the enumerated elements appearing favourable and as a consequence obligated to be transmitted to the Re-examination Court, under Article 309 paragraph five Criminal Procedure Code, statements made, as in the case under examination, in the ambit of an extradition procedure against the fellow-suspect who limits himself to giving his own defensive version and to affirm his own extraneity to the facts, without however releasing the other accused subjects from the same crime. It is, therefore, under this profile that the defence petition does not merit granting, it is rejected, rather, by the Re-examination Court on the basis of the erroneous assumption that RHG’s statements were unusable through omission with respect to due process, in reality assured by the German Judicial Authority, which ““ in conformity with the principles contained in the decision-framework of the Council of Ministers of the Union of 13 June 2002, relating to European arrest warrants and the handover procedure between member States (2002/584/GAI) ““ have, amongst other things, pre-emptively made the suspect informed: (1) of the European arrest warrant and its contents, even to the ends of allowing him to consent, if necessary, to the handover; (2) of the right to legal and interpretive assistance during the procedure.

2. With reference to the second appeal ground by the defence, the Court observes that circumstantial statements are characterized by a different usability regime under a subjective aspect. In the case in which these originate from a person against whom there already is sustained circumstantial evidence as regards the same crime, that is to a crime connected with or tied to the one attributed to a third party, the same cannot be used not only against themselves, but neither in relation to co-accused in the same crime (or of those accused of connected or related crimes).

The regime of absolute unusability under Article 63 paragraph two Criminal Procedure Code is, instead, to be excluded in the case in which the declarant, whether called to respond, in the same or another matter, for a crime or for crimes attributed to others, which have no procedural ties with the one for which they are being proceeded against, with respect to which the person assumes the character of witness.

In fact, in the first case, due to the close connection and interdependence between the fact itself and the other one, there arises the necessity to also safeguard the declarant’s right to silence; in the second case, the declarant’s extraneity and indifference with respect to the facts in cause renders them immune to possible sanctions carried out by the investigative bodies (Cass., Sez. Un. 13 febbraio 1997, Carpanelli).

On a par with these principles, the statements made by AMK at 1:45 on 6 November 2007, ““ at the end of which the interview was suspended and the woman was placed at the disposition of the relevant judicial Authority, revealing circumstantial evidence against herself ““, are usable only contra alios, while the “spontaneous statements” from 5:45 are not usable, neither against the suspect nor against other subjects accused of participation in the same crime, inasmuch as they were made without due process safeguards by a person who had formally assumed the status of suspect.

On the contrary, the account written in English by Ms K and translated into Italian is fully usable, under Article 237 Criminal Procedure Code, since it is a document originating from the suspect, who had been its spontaneous material author for a defence purpose. The disposition under examination allows attribution of probative relevance to the document not only as regards it and its representative contents, but also in the strength of its particular ties, which tie it to the suspect (or accused), thereby illuminating the review of admissibility which the judge had held to be in operation.

3. The fourth, fifth and sixth grounds of the petition also lack merit. The circumstantial evidence picture specifically concerning AMK is based, in the first place, on the autopsy results, evidencing multiple contusions and ecchimotic areas on various parts of the body (nose, lip, oral cavity, cheek, mandibular and sub-mandibular region, upper and lower limbs, inner face of labia minore, abdomen, dextral latero-cervical region), an ample dilation, in the order of two to three centimetres, of the anal ring with the presence of small ecchimoses, a large wound, disposed obliquely, in the caudal-lateral sense, fully diastased, with sections of underlying tissue right to the cartiliginous layer in the left latero-cervical region, the complete sectioning of the upper right thyroidal artery, the fracture of the hyoid bone in proximity of the left median. The medico-legal tests, carried out after the necroscopic examination of the body of the victim, permitted the confirmation that the cause of death, around 22:00 hours on 1 November 2007, is ascribable to meta-haemorrhagic shock from the vascular lesion on the neck from an edged blade, occasioned by a pointed implement, capable of penetration, and with a sharpened edge able to cut tissues. The anal dilation, the observation of minute ecchimoses on the posterior part of the anal ring and, above all, the mauvish marks on the inner face of the labia minore, are suggestive of a sexual rapport carried out hastily, before the victim had had time to produce adequate lubrication, occurring in a time period proximate to that of the observation, but in any case before death, by reason of the ecchimotic lesions and their colour.

The impugned provision highlights that the complex of these medico-legal conclusions assumes a particular evidential value, in the event that place in correlation with other elements: (a) the statements made by the friends of MSCK, who without contradiction stated that the woman had spent the evening of [1] November 2007 in their company, had started to dine with them from 18:00 hours onwards and had left the house in company with SP, who, reaching her home in Via del L around 20:55, had parted from the victim, whose apartment in Via della P was less than ten minutes’ walk from Via del L; (b) the outcome of the search effected at the house of RS, romantically linked to AMK, which permitted the discovery and seizure in the apartment’s kitchen, from the cutlery drawer, of a knife, having an approx. 14cm long blade and 17cm handle. The knife, not forming part of the inventory of the house occupied by AMK, MSCK and two Italian women (cf on the matter, the statements made, as persons informed of the facts, by FR and LM), presented traces of DNA on the handle attributable to AMK and on the blade traces of DNA ascribable to the victim.

Weighing against the suspect, in the opinion of the judges, there are, in addition, even in their mutability, statements by RS, who, after firstly having claimed to have remained home all evening and night with his girlfriend, stated, afterwards (cf. Interviews of 5 and 6 November 2007) that, at a certain time, Ms K had left and had come back to his house at only around one in the morning.

The judges of merit have underlined the strict correlation found between the interviews given by S on 5 and 6 November 2007, and the following further elements: (a) statements made by citizen RCB, who, returning to her country of origin, referred to the relevant Authorities the confidence received on 2 November 2007 from AMK regarding the position of the victim’s body and its condition, circumstances that, contrary to the stance of the suspect, she could not have been able to perceive on the occasion of the intervention by the police at the apartment, an intervention that unfolded in a way irreconcilable with the version furnished by Ms K to the friend; (b) statements made by persons informed of the facts FR and LM, who said that Ms K, the day of the fact, was wearing a top, which has not been found since.

The impugned provision, with logically reasoned argumentation, observes that the content of these declarative acts appears even more significant when evaluated also in the light of the written account produced by the suspect, containing relevant references to M’s scream on the night of the fact, to her reactions, consisting of huddling in the kitchen with her hands over her ears, to the presence of a man, to traces of blood noted by her on RS’s hand during the dinner that took placed at 23:00 on 1 November 2007.

Under the same lens appearing imbued with unequivocal circumstantial value is the contents of the recording, effected on 17 November 2007 inside the prison where Ms K found herself restricted to and between the woman and her parents, in the course of which there was pronounced by the accused the following words: “It’s stupid, because I cannot say anything else, I was there and I cannot lie about this, there is no reason to do so”;

These elements must, in their turn, be inserted into a larger circumstantial evidence context, cross-correlated by the identification of a print left in haematic matter present on the scene of the crime from a sports shoe, held to be compatible, by its dimensions and configuration of the sole, with the type of footwear brand “N” used by the suspect and by the failure of the alibi put forward by the young man, being demolished by the technical investigations that were carried out, by which, as he asserted, he had interacted with his computer in the hours in which, according the medico-legal reconstruction, the criminal fact would have occurred, just as also remained demolished that the young man had received a phone call from his father at 23:00, it resulting, instead, said call had occurred at 20:40.

From the same perspective, light has been shone, with precise and logical reasoning, on the circumstance that in the course of the evening of 1 November 2007, almost at the same time, telephonic traffic for AMK and RS ceased, after the latter had received a call on his mobile phone from his father at 20:40, of which reference has been made earlier and, in addition, that S, contrary to what was by him stated, did not spend the night of 1 and 2 November 2007 sleeping, it having been ascertained that the computer and mobile phone at his disposal were reactivated at dawn on 2 November 2007.

The judgment reasons, further, on the concourse aspect of the consummation of the homicide and sexual assault, on the basis: (1) of the outcome of the technical tests carried out on the palm print found on the pillow on which the victim had been placed, and it results as belonging to RHG, known to AMK; (b) of the presence of RHG’s DNA on the vaginal swab taken from the cadaver during the autopsy and on the fragment of toilet paper collected from inside the larger bathroom in the apartment, where there had been found faeces, resulting to have been G’s; (c) of the outcome of biological tests carried out on the blood found in the smaller bathroom of the apartment in use by the victim and by Ms K, which permitted the finding that the blood stains on the mat were referable to the victim, those found on the basin to Ms K, and to both the women the blood traces found in the bidet.

The Court, with thorough and logical reasoning, has illustrated, with full reference to the factual circumstances ““ inasmuch such are unreviewable in this seat of legitimacy ““ the reasons for the attribution of pregnant circumstantial value to the elements above recalled, proving the presence on the scene of the consummation of the homicide and sexual assault of AMK, RS, RHG (these last two both known to Ms K), has explained, with articulate and logically correct reasoning, the reasons for which they cannot find agreement with the defence deductions in terms of erroneous interpretation and reading of the recorded conversation of 17 November 2007, of the account written by Ms K on 6 November 2007, of the results of biological and medico-legal tests, of the unreliability of the technical investigations carried out on the computer and mobile phone belonging to S, and has at length examined, including in the light of aspects formulated by the defence, the entire case file, explaining the reasons of its unequivocal value.

So, the argumentative development of the judgment reasoning is founded on a coherent critical analysis of the circumstantial evidence and on its cohesion in an organic interpretative framework, in the light of which the attribution to said elements of the requisite of gravity appears supplied with adequate logical and judicial plausibility, in the sense that they have been considered drivers, with a high level of probability, with respect to the theme of investigations concerning the responsibility, amongst others, of AMK, as to the crimes put against her.

From which, given the evaluation carried out the Re-examination Court on the level of inference of the circumstantial evidence and, therefore, on the more or less demonstrative character of the same in terms of probabilistic qualification of guilt even if not of certainty, it has to be highlighted that the impugned order exceeds the threshold of legitimacy demanded by this Court, whose bench cannot hold itself back from a checking of the respect of rules of logic and of conformity with legal canons which govern the appreciation of grave indicia of guilt, as prescribed by Article 273 Criminal Procedure Code for the ordering of provisions restricting personal liberty, without being able to draw on the intrinsic consistency of the evaluations reserved to the judges of merit.

4. Unfounded, finally, are the censures formulated by AMK’s defence, on the matter of custody requirements, the Re-examination Court having correctly evaluated them, with reference to the parameters to which letters (a), (b), (c) of Article 274 Criminal Procedure Code apply the extreme gravity of the crimes carried out, having had regard to their nature and their method of consummation, the negative personality of the suspect, which emerges from the outcomes of the investigations and from the served case conduct, the specific and binding requirements relevant to the investigations in relation to the clear and present danger for [evidence] acquisition and probative genuineness, considering the necessity for completing the testing and of proceeding with the gathering of other means of declarative proof, the outcome of the handover to Italian authorities, of RHG, as well as allowing corroborations to be made, also permeates the current contrast between the different versions so far furnished of what happened, the clear danger of flight, taking into account the foreign citizenship aspect of the suspect and of the penalty of more than two years’ imprisonment, impacting on the outcome of the recognition of her criminal responsibility.

5. Refusal of the appeal leads in law to the appellant ordered to pay procedural costs.

The Registry will provide for its carrying out as prescribed by Article 94 paragraph 1-ter, and actuating provisions Criminal Procedure Code.

FOR THESE REASONS

Rejects the appeal and orders the appellant to pay procedural costs. Disposes transmission via the Registry a copy of the provision to the Director of the penitentiary institution per Article 94 paragraph 1-ter, and actuating provisions Criminal Procedure Code.

So decided in Rome, in Chambers, 1 April 2008.

DEPOSITED IN THE REGISTRY 21 APRIL 2008


4. Catnip Translation: Gemelli Report On Sollecito

Summary

Held: the decision to continue pre-trial prison detention for the suspect was reasonable.


THE REPUBLIC OF ITALY

IN THE NAME OF THE ITALIAN PEOPLE

THE SUPREME COURT OF CASSATION

SECTION 1 CRIMINAL DIVISION


Comprised of the most Honourable Justices:

Dr Torquato GEMELLI - President -

Dr Emilio Giovanni GIRONI - Member -

Dr Maria Cristina SIOTTO - Member -

Dr Umberto ZAMPETTI - Member -

Dr Margherita CASSANO - Member -

have pronounced the following


JUDGMENT

on the appeal lodged by:

(1) RS, born on X, against Order of 30/11/2007 Liberty Court of Perugia;

having heard the relation made by Member Emilio Giovanni Gironi;

having heard the conclusions of the Prosecutor-General Dr Consolo for its rejection;

having heard the defence advocates G and T (substituting for advocate M).


REASONS FOR THE DECISION


The order referred to in opening confirmed, at the Re-examination stage, the one by which the GIP [the Preliminary Investigation Magistrate] had applied pre-trial prison detention of RS for participation in the murder of MSCK, the which occurring in Perugia on the evening of the 1st of November 2007 by means of a cutting weapon, in an alleged context of sexual assault by a group, in which there would have taken part, in addition to S, his girlfriend AK and a RHG, who had left behind a palm print on the bloodied pillow on which the victim’s body was resting and whose DNA was found on the vaginal swab taken from the body of the same and on faecal traces found in a bathroom of the house that the victim was sharing with Ms AK and two Italian students.

The picture of circumstantial evidence specifically concerning S consists of the identification of a print left in haematic material present at the scene of the crime of a sports shoe held to be compatible, because its dimensions and configuration of the sole, with the type of footwear, “N” brand size 42.5, used by the suspect; of the recovery ““ in the kitchen of his house ““ of a kitchen knife bearing traces of Ms AK’s DNA on the handle and on the blade traces of Ms MK’s DNA; and of the collapse of the alibi put up by the young man (having been disproven by technical investigations carried out), in which, as asserted by him, he had interacted with his computer during the hours in which, according to the forensic pathologist’s reconstruction, the criminal fact would have occurred, that is between 22:00 and 23:00 of the 1st November 2007; from the investigations carried out up until now it would appear, in fact, that the last interaction with the machine on 1 November occurred at 21:10 and that the subsequent one took place at 5:32 the day after, when S also reactivated his mobile phone, acts witnessing thereby an agitated and sleepless night. Equally disproven was that the young man had received a phone call from his father at 23:00 on the night of the murder, it resulting, instead, that said call had happened at 20:40.

Against S, caught at the time of arrest with a switchblade initially considered compatible with the wounds found on the neck of the victim, would line up, in addition, the mutability of the stories given to the investigators by the same and by his girlfriend, having initially maintained they had remained the whole evening and night in the young man’s house, later to state, instead, that at a certain point Ms AK would have left to meet the Ivorian [sic] citizen PDL, manager of a pub in which Ms AK was undertaking casual employment, she making a returning to her boyfriend’s house only around one in the morning.

It must, finally, be added that the same Ms AK had, amongst other things, initially referred (not confirming, in any case, the thesis in confused and contradictory subsequent versions) to having taken herself to her own house with L, where this latter (he also was struck with a custody order, later revoked after the previously mentioned identification of G’s DNA) had had sexual relations with Ms MK, and to having, while she herself was in the kitchen, heard her friend scream, without, further, remembering anything else of the subsequent events, up until the occurrences of the day after, marked by the discovery of traces of blood in the small bathroom next to Ms MK’s room and culminating in the discovery of the body, after the intervention of the forces of law and order (the police appear, in particular, to have intervened prior to the call to 112 effected by S); in particular, the young woman was specifically pointing out not being able to remember whether S were also present in the victim’s house on the occasion of the events just described.

The Re-examination Court concluded recognizing, for the purposes of maintaining pre-trial detention, the persistence of all the types of pre-trial exigencies mentioned by Article 274 Criminal Procedure Code.

The S defence has indicated an appeal, on the grounds of, with new reasons as well:

  reference to Ms AK alone of the circumstantial evidence constituted by the presence of biological traces from her and from the victim on the knife found at S’s house;

  absence, at the scene of the crime, of biological traces attributable to the suspect [ndr: note, this was before the bra-clasp tests had been done];

  arbitrary transference onto S of the weighty circumstantial evidence against Ms AK, on the unfounded assumption that the pair could not have been anything but together at the moment of the homicidal fact;

  inexistent evidential value of the phases relative to the discovery of the body;

  absence of blood traces from the soles of the “N” shoes worn by the suspect even at the moment of his arrest;

  absence of any evidential value of merit, alleged failure of the alibi, constituting the use of his computer, of which the falsity has not in any case been ascertained, of the lack of interaction by the subject with the machine after the last operation at 21:10 not permitting the inference that the computer was not, however, engaged in downloading files (being, to be specific, films);

  irrelevancy of the mistake revealed between the indicated time of the phone call to the father furnished by S and the actual time of the call, given the uncertainty of the time of death of the victim, depending on the time, otherwise uncertain, of the consumption of the dinner (according to various witness statements coinciding with 18:00), it being well able, therefore, for the time indicated by the forensic pathologist (23:00) to be revised backwards to 21:00, a little before which time the witness P had referred to having made a visit to S, finding him at home and not on the verge of going out;

  interpretability of the so-called unlikelihood of the versions supplied by the suspect as attempts to cover for (aid and abet) another subject;

  attribution of the victim’s biological traces found on the knife seized at S’s house to chance contamination not related to the homicidal fact;

  insufficiency of the pre-trial exigencies, having diminished in a probative sense after the return to Italy of G; those relating to risk of flight lacking in specificity and concreteness; and with reference to the conventional content of blogs posted on the internet by the suspect, those relating to danger to society illogically reasoned;

  missing appearance of the young man’s walk, via security cameras installed along the route that the aforesaid would have had to traverse to go from his house to that of the victim’s.

The appeal is unfounded.

As regards what this Court is permitted to appreciate, not being able here to proceed with a re-reading of the investigative results nor with an alternative interpretation of the factual data referred to in the custody order, the appellant defence substantially contests the recognition, as against S, of the necessary requisite of grave indicia of culpability. The question thus posed and submitted for scrutiny by this bench of the well-known limits of the competence of the court of merit, it must be held that the finding expressed by the Re-examination judges concerning the gravity of the frame of circumstantial evidence is not susceptible to censure.

Not upheld, in the first place, is the defence submission according to which the knife bearing the genetic prints of Ms AK and of Ms MK found in S’s house would constitute a piece of evidence relevant solely as against the young woman, even if privy of traces attributable to the suspect, the utensil has as always been found in the young man’s house, and the testimony acquired up until now has led to the exclusion that it formed part of the inventory of the house inhabited by the victim, and which, at the time, and until proved to the contrary, must be held to be the same available for use by the suspect and which had been used in MK’s house, there being contested no access by her to S’s house.

Given the multitude of group contributive possibilities, the fact is not significative, then, in itself being a neutral element, that on the scene of the crime there are no biological traces attributable to S, to which, in any case, is attributable the “N” brand shoe print considered compatible, by dimensions and sole configuration, with the footwear worn by the suspect at the time of arrest. Although having the same impugned order excluded, at the time, the certainty of the identification constitutes as, in any case, a certain datum that the print in question had been made in haematic material found in Ms MK’s room by a shoe of the kind and of the dimensions of those possessed by the appellant, while it remains to be excluded that this could have originated from G’s shoe, who wore a size 45 and, therefore, dimensions notably larger. The revealed coincidence, notwithstanding the residual uncertainty on the identification, assumes particular valency in relation to the restricted circle of subjects gravitating to the scene of the homicide, with not even Ms AK, who made admissions about her presence on site at the same time as the execution of the offence, excluding the presence of her boyfriend in the victim’s house in the same circumstance; nor can it be held that the print could have been left by S the following morning, he never having claimed to have entered into the room wherein the body was lying.

It does not answer, therefore, to verity that, as against the young man, there had been recognized, by a phenomenon of transference, items of circumstantial evidence in reality pointing solely to Ms AK.

The last finding held unfavourable to S is constituted by the failed proof of the alibi constituted by the argument of the suspect as having remained at home on the computer until late at night; it being a matter of, properly speaking, an alibi failing up till now and not of a false alibi and the defence, correctly, does not refute the technico-judicial valency of the circumstantial evidence, but it remains, in any case, acquired into the case file that the accused had not been able to prove his absence from the locus of the crime at the same time. An item up until now assumed as certain is, instead, the fact that S had interacted with his computer at 5:32 the morning following the murder, at around the same time reactivating his own mobile phone, a contradiction of the assumption of a waking up only at 10:00 and a symptomatic tell-tale of a more or less sleepless night; likewise as symptomatic was held to be the nearly simultaneous cessation of telephonic traffic as much by Ms AK, in his company the evening of 1 November 2007.

The proof of a permanent stay in his house by the suspect can, all told, be considered as acquired up until 20:40 ““ coincident with P’s visit ““ who confirmed his presence, or up until 21:10, the last interaction time on the computer, but this does not cover the time of the homicide, located between 22:00 and 23:00.

As for the proposed argument that S’s conduct were interpreted as aiding and abetting, this does not result, in the event, as being supported by anything emerging from the investigations and its plausibility cannot be verified by the judges of merit.

In conclusion, the Re-examination Court’s evaluation as to the gravity of the circumstantial evidence picture are removed from the audit of this court.

There remains, finally, the finding that for what concerns the pre-trial exigencies, those of a probative nature are not able to be considered as ceasing from the sole fact of G’s re-entry into Italy (amongst other things significantly never invoked in the statements by the suspect and by his girlfriend, who instead co-involved L in the proceedings), given the existence of an investigative picture in continual evolution, in which the positions of the various protagonists so far remain unclear, the changing versions of which are marked by reticence and mendaciousness (the same suspect had, in truth, admitted to having, at least initially, told “˜a load of balls’); but the permanence of pre-trial exigencies had been held reasonablely even under the aspect of flight risk, in relation to the gravity of the charges and of the potential sanctions, not to mention danger to society, given the revealed fragility of character and the specific personal traits of the subject, ““ which would narrowly evaluate as innocuous youthful stereotypes ““, in a context the more connoted by the noted habitual use of drugs.

FOR THESE REASONS

Rejects the appeal and sentences the appellant to payment of costs of the proceedings. Article 94 para 1 ter, and activating provisions, Criminal Procedure Code, applies.

Rome, 1.4.2008.

DEPOSITED IN THE REGISTRY ON 21 APRIL 2008

5. Highlighting Of Relevant Hoax Points

Shown in bold in the statement on Knox are:

(1) the defense appeal against the use of Knox’s 5-6 November statements framing Lumumba (reason given was ONLY no lawyer being present - a need which Knox herself had shrugged off when she herself insisted on writing out the 1:45 am and 5:45 am and noon statements) and there is zero mention of abuse;

(2) Cassation’s reasoning why the first 2 Knox statements (the 1:45 and 5:45) can indeed be used, in the “sub-trial” addressing the calunnia against Patrick, and the third (scribbled around noon) can be used in the main trial.

In neither statement is there any ruling of “illegal” regarding any actions by any interrogators. The Knox shills often falsely claim there was.


Wednesday, October 29, 2014

The Knox Interrogation Hoax #15: Dr Mignini’s Account Of Formal Warning Session Ending 5:45 AM

Posted by The TJMK Main Posters



Dr Mignini examines Knox July 2009 on the “interrogation” at her own initiative

1. Overview Of This Post

Post #1 includes an overview of the entire series and links to all posts up to this one.

Knox has repeatedly claimed that Dr Mignini was present at the informal summary/recap session led by Inspector Rita Ficarra, the actual purpose of which was merely for Knox to suggest a few possible leads the police might interview.

He wasn’t there, though. And he has repeatedly explained that at the second session ending with a second insisted-upon statement by Knox at 5:45 AM, his entire role was to read Knox her rights, and to advise her to say no more until she had appointed lawyers. (Regardless, she then insisted on dictating that second statement.)

Dr Mignini more than anyone else at the central police station that night developed a complete overview of how the two sessions had proceeded.

THREE TIMES Knox willingly put herself under his questioning (December 2007, January 2008, July 2009) to attempt to shake this. While his questioning was formal, polite and quite mild, Knox’s recollection of 5-6 November was scrambled or devious (some think she and RS were both high on hard drugs).

So by the end of those sessions Knox seems to have made a complete disbeliever of Dr Mignini, swayed few if any in Italy, and certainly did not sway the judges of the trial court or any appeal court.

But few English-language reporters other than Andrea Vogt, John Follain and Barbie Nadeau have interviewed and reported Dr Mignini in depth fairly, and there are a number of English-language reporters to whom he kindly gave time who mangled what he lucidly and fairly explained to them.

In July 2009 Dr Mignini wrote an acerbic email to Linda Byron of Seattle TV to attempt to straighten out her own understanding, and although she seemingly tried to hide it, we captured it and translated and posted in full his explanation.

Highly worth reading.

In mid 2011 a similar thing happened. Drew Griffen of CNN was given a three-hour on-camera interview - and sarcastically broadcast cherrypicked and mangled responses from Dr Mignini. Again we obtained Dr Mignini’s full statement, and Skeptical Bystander posted the whole thing in three long parts, with translation by Clander, Yummi, Jools, Thoughtful, TomM and Catnip.

Again, highly worth reading.

In the first 20 minutes of the second hour of the interview, Drew Griffen tried to give Dr Mignini a hard time over the so-called Knox interrogation. Drew Griffen was abysmally informed of the testimony at trial we have been posting and had no idea of the substance of Knox’s one interview on 5-6 November or the fact that this was merely a recap/summary session not ever requiring recording.

Dr Mignini had not himself testified at trial, and he led the testimony of others present on 5-6 November very fairly and without defense protests about any bias. And Dr Mignini is not under oath here. However this 20-minute segment is important, for it reinforces that Knox was treated extremely fairly and she had no genuine reason for complaint about it.

2. From Mid-2011 Interview By CNN With Dr Mignini

0’40’’ English question [Translator’s note: These words are in English in the Italian transcript of which this document is a translation.]

0’48’’ CNN: You didn’t interrogate Amanda?

0’50’’ Mignini: Oh, the police interrogated her. I was told about it. I wanted to explain this. I remember that I had gone to sleep and the director of the flying squad, Dr. Profazio, called me, because he tells me: “There are developments; Raffaele in fact has denied what he had said before”. So I went down and the head of the flying squad told me what had happened. At some point they tell us that Amanda has made this statement.

And thus her interrogation as a person informed of the facts was suspended by the police in compliance with Article 63 of the Italian Code of Criminal Procedure [c.p.p. - Codice di Procedura Penale], because if evidence appears that incriminates the person, the person being questioned as a person informed of the facts can no longer be heard, and we must stop. “Everyone stop! There must be a defense attorney [present]”. And thus the police stopped and informed Amanda, who had placed herself on the scene of the crime and who said that she had accompanied Lumumba and let him in and that then Lumumba, in the other room, allegedly committed a sexual act and killed Meredith. This is what she said.

2’11’’ Then I was called, I was informed about this, I went to Amanda who, I remember how she was, what she looked like, I remember her very well, she remained imprinted in my memory, I still remember then two things about Amanda that struck me at the time: first, she looked like she was relieved of a burden and second, she was like, and this is another detail that was impressive, it seemed as if she was terrified of Lumumba.

20’48’’ Then I, as I had in some way to, let’s say”¦ this police interrogation had been suspended. At that point I remember that”¦ they made me notice that Amanda, because she wanted to go on talking, I remember she had, like a need to. So I told her: “you can make statements to me; I will not ask questions, since if you make a spontaneous statement and I collect it, I will collect your statement as if I were in fact a notary”. She then repeated [her story] to the interpreter, who was Mrs. Donnino, I remember there was a police woman officer who wrote the statement down [verbalizzava], I did not ask questions. She basically repeated what she had told the police and she signed the statement. Basically I didn’t ask Amanda questions. Not before, since the police asked them and I was not there, and not after, since she made spontaneous statements. Had I been asking her questions, a defense attorney should have been there. This is the procedure.

05’24 CNN: She had an interpreter during the whole time?

05’26’’ Mignini: Yes.

05’29’’ CNN: She says no.

05’32’’ Mignini: Look the interpreter was there, when I heard her there was the interpreter. The interpreter Anna Donnino, who is an interpreter for the police; she was hired by the police.

Just like I believe that there was [before], I do not have the minutes now, but yet now this is a fact, it is undisputed that there was an interpreter.

06’02’’ CNN: Amanda Knox says she was interrogated for 14 hours”¦

06’11’’ Mignini: No, look, absolutely not. At 1 a.m., the minutes of Nov 6th has started at 1 a.m. and I arrived, 14 hours that cannot be, we are really”¦ that’s absolutely impossible. So the minutes were done at one o’clock, then the minutes of the spontaneous declaration was taken at 5.45, it maybe lasted half an hour because no questions were asked. She made her statements; they were translated; then at around 8 a.m., I think, at approximately 8, I drew up the detention order. Thus it is”¦ well, she had been heard earlier, so she had been questioned as a person informed of the facts at around one forty-five a.m. She had previously been heard by a female police officer, but [that’s] because she had gone voluntarily to the police and she reported that, she said things quite relevant to the investigation of Raffaele and was heard by the inspector [Rita] Ficarra. However this [event] ... I was not there, I do not know [about it]. But remember, there are the minutes. Then the minutes in which she was questioned as a person informed of the facts starts at 1:45 of November 6, and cannot have lasted 14 hours ... in no way whatsoever. Then she was arrested at around 8 a.m. or at about 9 a.m. or so.

08’16’’ Mignini: Look, I remember what I saw when I saw her personally, because she said, I told her: “you can make, if you deem it [necessary], a spontaneous statement, because Italian law provides for this. If a person is aware that he/she is suspected [under investigation], may request to speak before a magistrate, it happened many times, they came also to me, and they say “I want to make a statement”. Very well, I listen. If I listen, I wanted this to be highlighted”¦. to be clear, I listen and that’s all, and I ask no questions, the defense attorney may be not present. But if I ask questions and I object to the facts [of your answers], it is like an interrogation and thus we would need a defense attorney.

09’10’’ CNN: was [Amanda Knox] scared?

09’11’’ Mignini: Well, I recall this feeling that I had in that moment which, [as] I am explaining to you, in the spirit in which I am doing this interview, to explain to you the acceptance [adozione] of our requests [provvedimenti], what was, why the trial went in a certain way. [Translator’s note: The Italian in the CNN transcript is nearly incomprehensible. We have provided the foregoing on a best effort basis.]

09’36’’ She was, she seemed to me like she was uplifted, freed of a weight, and terrified of Lumumba. That’s an impression that has stayed with me, yet I don’t understand. I remember that there was a policeman who was called, from the SCO [Servizio Centrale Operativo] in Rome, who made an impression on me because he was very fatherly. She was crying as though freed of a great weight, and he was trying to console her. I remember there was also a policewoman who, well, she”¦[missing word?] and I’m sure that.. [missing word?] .. well, all that picture how it was described later”¦ at that moment it wasn’t like that. Right then, there was a situation in which I was trying to console her, to encourage her, because actually we believed that she had told the truth.

11’03’’ CNN: No one hit her?

11’06’’ Mignini: No, look, absolutely not. I can state this in the most positive way, and then, let’s say”¦ I wasn’t there when she was being questioned by police, the rooms are quite far away”¦ you don’t know but I was”¦ it’s quite far, there’s a corridor, and I was with the director, Dr. Porfazio, and she was being questioned in a different place. I also remember that passing through, I also saw Sollecito who was alone in a different room; he was also being questioned, as I recall. I don’t exclude”¦well”¦it’s clear that I wasn’t there, but I don’t believe that anything whatsoever happened, and in my presence absolutely not.

11’55’’ On the contrary, there was an attitude of”¦ I mean they gave her [some] ... [missing word?] then she was like, you know, like someone crying from a sense of liberation, as though she had been freed. That was the attitude.

12’51’’ CNN: Why wasn’t there any video or transcript of those hours?

13’00’’ Mignini: Look, that’s, I was at the police station, and all the”¦let’s say”¦when I made investigations in my own office, I taped them. I taped them, we have an apparatus for that, and I transcribed them. For example, there’s the interrogation of the English girls, Meredith’s friends, it was all taped. The interrogations of Amanda in prison were taped, and then transcribed, and we have the transcripts of”¦ But in a police station, at the very moment of the investigation it isn’t done, not with respect to Amanda or anyone else. Also because, I can tell you, today, even then, but today in particular, we have budget problems, budget problems that are not insignificant, which do not allow us to transcribe. Video is very important”¦I completely agree with you that videotaping is extremely important, we should be able to have a video recording of every statement [verbale di assunzione di informazioni] made Because what is said is very important, but it’s maybe even more important how it is said, the non-verbal language. Because from the non-verbal language you can [missing words].

15’14’’ Mignini: It isn’t only Amanda, it’s always like that. But I wanted to say that I agree with him that it’s fundamental, only there’s a problem, especially when the witnesses are so numerous, and in fact just recording, I mean recording the sound, isn’t enough according to me.

15’38’’ CNN: It doesn’t cost much, he says.

15’40’’ Mignini: Well we have significant budget problems, that’s what it is.

15’38’’ CNN: So in the end, you did get a confession. But then, everything that was written in the confession became a lie?

16’16’’ Mignini: But then, there was the fact that she placed herself at the scene of the crime, and Lumumba wasn’t there, together with the three of them, the two of them, but Rudy was there, according to the facts that emerged later. But the fact of having accused”¦and she’s even accused of calumny in regard to Lumumba, was an element that was very important from the point of view of her legal position at the trial. Why accuse someone of participating in a crime, placing yourself at the scene of a crime? Because with those declarations, she placed herself at the scene, at the place of the crime. And she placed someone there who was a complete stranger to it. Why did she do that? There is one detail that’s particularly significant. Above all when Lumumba was arrested and no one ““ if it hadn’t been for the Public Prosecutor’s Office that conducted the investigation, and that is mandated to seek elements in favor of the accused, Lumumba would have stayed in prison. But we investigated, and we saw that Lumumba wasn’t involved, that he was the object of calumny and so he was freed and the case against him was archived.

18’15’’ CNN: Was she asked to imagine what might have happened?

18’24’’ Mignini: No, absolutely not. Either you saw a person or you didn’t. I can’t ask someone what they imagine because it would be a question that doesn’t mean anything, that I even don’t understand.

This really does finish our posting of the case for the prosecution on this “interrogation” issue, though at least half a dozen other investigators provided supportive testimony which we have not yet quoted.

Next, how all of the Italian courts up to Cassation concluded that Knox’s claims were unsupported, contradictory, and damaging, and how her three-year prison sentence served was well justified.


Monday, September 15, 2014

Analysis #1 Of Testimony Of Marco Chiacchiera, Director, Organized Crime Section, Flying Squad

Posted by Cardiol MD



Dr Chiacchiera with Dr Comodi explaining reason for charges in another case

Overview Of This Series

Yet another vital translation which will be posted in the trial testimony areaof McCall’s great Wiki. This again is translated by the ever-dedicated main posterr ZiaK.

Although I graduated as a medical doctor I also graduated as a lawyer, and was often in courtrooms. For this post and the rest of the Chiacchiera series I am wearing my lawyer’s hat to point out what strikes me in Prosecutor Comodi’s questions,  Marco Chiacchiera’s testimony, and the cross-examinations by defense lawyers.

Prior Preparations And Procedures

Under the Italian Code, before the beginning of the trial phase in Italy, the parties file a brief, detailing all evidence they want to present ““ the parties have to indicate by name every witness and precisely what these will be asked. The aims include creation of a Record of Admissible Facts.

Also under the Italian Code, both the defendant and the prosecutor can cross-examine each other’s witnesses. The Judge may choose not to admit any testimony that appears patently superfluous, reject irrelevant or improper or irregular questions ““ such as leading questions, and Inadmissible Hearsay ““ and also ask questions to the witnesses and experts.

Ground Covered In Dr Chiacchiera’s Testimony

    (1) He found Knox and Sollecito uncooperative when he asked them questions.

    (2) Saw evidence contradicting any lone burglar theory and indicating that the “break-In” to Romanelli’s room was faked.

    (3) Phone records and the police investigation into the accused phone activity the night of the murder.

    (4) Discovery of pornographic magazines at Sollecito’s house.

    (5) Details of how the large knife, Exhibit 36, was collected from Sollecito’s and the evidence that it is the murder knife.


My Assessment Of This Court Exchange

It is immediately obvious to me that this witness is a skilled witness; as such, and given his deep hands-on involvement in the immediate investigation this witness’s testimony is credible.  My assessment therefore is that this was a very good and unflinching witness and that Dr Comodi shows no signs of leading the witness or seeking other than a truthful record.

I have seen prosecutors examine witnesses differently but dont believe the resultant record would have been superior. This would have stood up well in any American court.

(GCM=Giancarlo Massei; MC=Manuela Comodi; MaCh=Marco Chiacchiera; GB=Giulia Bongiorno; DD=Donatella Donati; CP=Carlo Pacelli; LG=Luciano Ghirga; CDV=Carlo Dalla Vedova; FM=Francesco Maresca)

Public Prosecutor Comodi [MC]

MC:  Dr Chiacchiera, you carried out your duties where, when, at what moment of the events?

MaCh:  I was and am the director of the Organized Crime Section of the Flying Squad and I am the vice-director of the Flying Squad. The Organized Crime Section is a branch of the Flying Squad that deals with “¦ the term, I think that in this place [i.e. the court] it is enough to say that it deals with organized crime. However, I am also the vice-director of the Flying Squad, for which [reason] I deal with, in the case of need, everything that is necessary [for] the various aspects.

{Witness supplies 5 items of relevant information that Examiner should elicit at beginning of examination.}

MC:  Can you tell the Court how you became aware of events, who called you, when you became involved?

{Examiner asks another triple-question}

MaCh:  Yes.

{Witness simply answers question as worded by Examiner}

MC:  For now, start to tell us, then maybe I will intervene [NdT: i.e. interrupt with further questions] if necessary.

{Examiner, asking no Q, instructs witness, suggesting provisional forbearance if witness does not make interruptions necessary.}

MaCh:  On the fateful day, at around 12:33, I had gone to the cemetery with my mother. The operations room called me immediately after the discovery of the body.

{Witness begins appropriate narrative response, but Examiner interrupts}

MC:  So the 113? [NdT: 113 is the Italian State Police emergency number]

{Examiner interrupts witness with a Q, suggesting witness's receipt of call from an emergency number, but suggests wrong source-number}

MaCh:  110. The operations room of the Questura called me, and informed me of the happenings in an initially obviously very summarized manner. They said to me that there was a suspicious death, a young woman who lived in via della Pergola. I rushed to the place directly in my mother’s car. I didn’t stop by at the Questura, I didn’t go to get the service [i.e. police] car. I got myself taken to via della Pergola. We took about 15 minutes from the cemetery to there, ten fifteen minutes. In the meantime, I phoned the deputy Commissioner Napoleoni, in the temporary absence of the director, Dr Profazio, who arrived later, who was “¦ he was enjoying a period of leave, and with deputy Commissioner Napoleoni we arrived almost at the same time. We arrived almost simultaneously at the premises. Forensics, too, arrived almost at the same time at the premises.

{Witness supplies correct source-number and resumes interrupted narrative response}

MC:  The Perugia Forensics?

{Examiner questions witness's correction, as if to verify and to ensure accuracy of court's record}

MaCh:  The Perugia Forensics, I highlight, yes.

{Witness emphatically agrees with Examiner's question}

MC:”‹[They were] alerted by you, or ...?

{Examiner pauses mid-Q, inviting witness to guess complete Q, or is interrupted}

MaCh:”‹Alerted by the operations room, and also alerted by me.
,
{Witness responds to invitation, or interrupts with A to assumed complete Q}

MC:”‹So you arrive, and who do you find?

{Examiner's 1st simple Q.}

MaCh: “‹I found there ... there was already deputy Commissioner Napoleoni, there were also a few of Meredith’s co-tenants. There was Amanda Knox, there was Raffaele Sollecito. There were two young men who were, I believe, the friend of the boyfriend of one of the co-tenants. In short, there were a few people who had already been inside the house. There was the Postal Police.

{Witness answers Q in reasonable detail}

MC:”‹In the person of”¦?

{Examiner seeks more detail re specific Postal Police Personnel}

MaCh: “‹Battistelli and another of Battistelli’s colleagues. Inspector Battistelli, with whom there was immediately a discussion in order to understand what were the reasons for his intervention there, because it is not normal to find the Postal [police] in a crime of this sort. And he explained to me immediately what was the reason for his intervention. The origin of the, shall we way of his intervention, was due to the discovery of a pair of cellphones in a period of time, I believe, of an hour, [or] two, I don’t recall clearly, that were one in the name of one of Meredith’s co-tenants and one in the name of, later it [sic] “¦ I mean the SIM [card], obviously, the cellphones’ SIMs, the cards, they were in the name of a co-tenant and the other in Meredith’s [name]. The co-tenant, however, then told us, we then ascertained that both of the cellphones in fact were used by Meredith. And already that was, how shall we say, a first detail on which we began to reflect because, in fact, that was an element than in some way made us [become] immediately occupied/involved from an investigative point of view.

{Witness responds to Q and includes relevant amplifying narrative, anticipating probable future Qs re cellphones}

MC: “‹So, excuse me, also if the Court already, shall we say, knows this, because others have reported it, on this point however, where were the cellphones found?

{Examiner seems to interrupt with simple Q to clarify specific relevant fact not yet reached}

MaCh:”‹Inside the garden of a villa that is in via Sperandio.

{Witness responds appropriately}

MC:”‹In via Sperandio.

{Probably a Q, but implicitly inviting more specificity}

MaCh: “‹A villa that ... I am Perugian, [and] honestly, I didn’t even know there was a villa there. I’m Perugian, and I swear that I would have sworn [sic] that behind there was a wood.

{Witness flounders, seems unable to be more specific}

MC:”‹A field

{Probably a Q, but implicitly inviting more specificity}

MaCh: “‹It [was] the first time that I went in behind there. Instead, I see a marvelous old mansion with an enormous garden that gives ... that is almost adjacent to the street ““ the street that leads towards Ponte Rio. Anyone from Perugia understands me maybe.

{Witness seems to be in informal conversational mode}

MC: “‹From the structure of the fencing/enclosure, could you tell, shall we say, whether it was possible to throw these cellphones from the street, or whether it was necessary to enter the garden itself?

{Examiner engages witness, and asks Q to clarify how cellphones got into that garden}

MaCh: “‹Yes, obviously, we checked that. In fact, immediately, in short, the detail that seemed, how shall we say, of great investigative interest was that [very point], besides other details that I will go [into] a bit [sic], so to speak, also to give the impression of what the immediate impact was that we saw in the moment when we found ourselves in a situation of this type. So, deputy Napoleoni immediately entered inside the house in order to check it for herself. I did it [entered] shortly afterwards, also because [as] you will imagine that in that moment whoever was there had to notify all those who [sic], amongst whom Dr Mignini who was the Public Prosecutor on duty, and immediately give orders so that the correct checks are carried out. Because it was not just a crime scene that had to be analysed immediately: there also had to be, how shall we say, correlated with the information that we had got from via Sperandio ““ because the entry of the Postal [police in the case] originated with via Sperandio. And so we immediately asked ourselves: “Ah, what are these cellphones belonging to poor Meredith doing inside the garden of a villa?” And then And then immediately after, we asked ourselves, obviously, what might be the profile of the possible, or probable, murderer, and we discussed/talked about the crime scene. The crime scene immediately seemed fairly strange to us, if you wish [NdT: literally “if we wish” in Italian, but meaning the same as “shall we say”, “if you wish”, “so to speak” etc.]

{Witness responds to Q with detailed narrative}

MC:”‹Why?

{Examiner asks ambiguous Q, probably wrt crime scene seeming "fairly strange "}

MaCh:”‹Because the door did not show”¦ the entry door to the villa did not show signs of break-in. The we checked “¦

{Witness seems to decipher ambiguity correctly, begins narrative response, but is interrupted by Examiner}

MC:”‹We are not talking about the villa on via Sperandio obviously?

{Examiner interrupts with Q, apparently not comprehending Witness's narratives}

MaCh: “‹For the love of god! It was called a “villa” “¦ (overlap of voices), let’s say the house, of the house on via della Pergola there was no forcing/break-in. We found a forcing on the window. The window is this one, on the side of the house. I don’t know if you’ve seen the house? Anyhow, it is this one on the side of the house that can be seen immediately when you come down the slope from the gate. Logically reconstructing the thing, a hypothetical prowler [NdT: literally “ill-intentioned person”] who entered the house, breaking the glass with a rock - because inside the room, which was Romanelli’s room, which was the, shall we say, hypothetical arena of the entry, was completely in utter chaos. For that reason, what should we have hypothesized? That the hypothetical prowler took a rock, managed to throw the rock; the shutters, the external ones, the external shutters were not “¦

{Witness is exasperated at Examiner's apparent incomprehension, is repeating his previous testimony, but is interrupted by Examiner}

MC:”‹The dark-green wooden ones?

{Examiner interrupts with Leading Q re colour of external shutters. Now begins a confused and confusing colloquy. The arrangement of Filomena Romanelli's window, with Outside, and Inside Shutters, the Broken-Glass-Frame in-between, and the glass-splinters on the window-sill is complicated and needs a picture-exhibit that the witness can refer-to; this is apparently not provided, leading to the confusions}

MaCh:”‹The dark-green wooden ones were half shut, for which reason [he] must have had an aim like “Pecos Bill” [NdT: a cartoon Wild West cowboy], takes aim and throws that rock, smashes the window. After, he climbs up and does a turn on the little slope, and has to clamber up towards the window on the smooth surface, it seems to me, that from the ground up to the window there are two and a half metres-three [metres]. And then would have said: “bah, in short” [sic]. Yeah, well, the thing seemed to us…. in short, the first hypothesis that the investigator normally does, finds a level of unlikelihood of this kind of happening. After which, we looked at the house and we saw that an entry of a potential prowler [ill-intentioned person], still reasoning on the hypothesis”¦

{Witness amplifies narrative response but is interrupted by Examiner}

MC:”‹Of theft.

{Examiner inappropriately interrupts, incorrectly guessing what witness was about to say}

MaCh: “‹Of theft ending badly. Of theft that then degenerates because the burglar in some way thinks that he will find no-one in the house and instead finds a person, and then it degenerates “¦ We saw that there were easier means of entry, without wishing to bore you, but behind the house there was the possibility of climbing in a much easier way, without being seen by people that might have passed in the road. Let’s remember that, in short, it was not very late; quite the contrary. Normally people passed there, for which reason, if [he] had done it, the thing would probably have been seen. That thing there, as an hypothesis, we didn’t immediately discount it, that’s clear, because it’s a good rule to never discount any hypothesis. But we immediately considered that it was not a priority.

{Witness corrects Examiner's wrong guess, amplifies and seems to end narrative response}

MC:”‹Dr Chiacchiera, I interrupt you. (The witness is shown an exhibit.)

{Examiner, seems to acknowledge her habit of interruptions without actually interrupting, while introducing an unspecified exhibit. This introduction seems very informal, because Exhibits are normally identified by an assigned title.}

MaCh:”‹Ah! I didn’t remember it as being so big.

{Witness recognizes unspecified exhibit}

MC:”‹Precisely! You saw it? This is the rock that ...

{Examiner engages witness, stating it is "the rock".}

MaCh:”‹Yes, but it has been some time I have not, how shall we say, yes, I saw it. Absolutely.
However, it’s big, it’s huge.

{Witness engages Examiner, commenting on how large the rock exhibit is}

MC:”‹Do you consider that it could be this?

{Examiner ambiguously (what are "it" & "this "?) asks witness's opinion}

MaCh:”‹I believe so.

{Witness seems to overlook ambiguity of Q with vague A)

MC:"‹I try "¦

{Examiner begins to speak but is interrupted}

Judge Massei [GCM]:”‹How?

{Court interrupts as if to ask Q how Examiner 'tries'}

MC:”‹It is this. Yes, it is this one that was collected, yes, that was found.

{Witness seems to confirm that exhibited rock is the rock found in Filomena's room}

GCM:”‹So the rock is shown. [NdT: an “aside” for the court records?]

{Court formally announces admission of rock-exhibit, seemingly trying to reduce confusion caused by informal dialogue}

MaCh:”‹Inside the room where we then found the rock…
??:”‹But what was the question about the rock?

{Witness amplifies that rock had been found in a room, but enquires re rock Q, exposing confusion caused by informal dialogue}

GCM:”‹If this was the rock. And the witness said ...

{Court begins explanation to confused witness}

MaCh:”‹I said yes. Yes.

{Witness interrupts Court - confusion reigns}

GCM:”‹You saw it? You saw the rock?

{Court asks witness 2 Qs, trying to clarify that 'it' refers to 'the rock' that witness saw.}

MaCh:”‹Yes.

{Witness confirms that witness had previously seen the rock introduced into court as an unlisted exhibit.}

GCM:”‹When you saw it, where was it?

{Court proceeds to clarify confusion re where the rock was when witness originally saw the rock}

MaCh:”‹The rock [was] in the room of Romanelli.

{Witness specifically testifies, for witness's first time, that when witness originally saw the rock, the rock was in Filomena Romanelli's room}

GCM:”‹How far from the window? Can you say?

{Court continues to seek clarification using double-Q.}

MaCh: “‹A few centimetres [NdT: “un palmo” = “a hand’s width”] from the window sill, under the window, from the wall where the window is.

{Witness testifies clearly in answer to Court's 1st Q of above double-Q.}

GCM:”‹So from the internal perimeter wall, from where the window gives onto it, a “hand’s breadth”. So 20 centimetres…

{Court apparently begins to seek verification of witness's testimony, but is interrupted}

MaCh:”‹Mr President ....

{Witness begins to Interrupt Court}

GCM:”‹... away from it approximately.

{Court finishes his interrupted statement}

MaCh:”‹Yes.

{Witness agrees with Court's completed statement}

GCM:”‹And this is the rock. You remember it.

{Court states his understanding in form of Qs.}

MaCh:”‹Yes, yes, yes, yes. That is the rock.

{Witness impatiently agrees with Court's understanding}

MC:”‹At least as far as size and colour [are concerned], it corresponds thus to the one that was collected [as evidence].

{Examiner makes statements in form of Q, seeking verification of resemblance of exhibit-rock to original rock}

MaCh:”‹At least as far as size and colour [are concerned], it absolutely corresponds. If it was collected, I think that ...

{Witness begins narrative agreement with statements of Examiner, but is apparently interrupted by Examiner}

MC: “‹Very well. WITNESS [sic? Should be MaCh?] and Romanelli’s room was a complete shambles. The clothes were on the floor, the glass was strangely on top of the clothes, the [glass] shards were strangely on top of the “¦ on the windowsill, let’s put it that way.

{Apparent Transcriptional confusion attributing to interrupted witness narrative the interrupting .statement of Examiner}

MC:”‹The outside one.

{Examiner seems to amplify statement of Examiner wrt which window-shutter witness had been referring-to}

MaCh: “‹The outside one, precisely. The one that is between the shutters and the shutters [sic. NdT: “imposte” in Italian, but this can also mean shutters, or flap, as in the inner “scuri” shutters, or he may mean the window-frame itself, with the window-panes, given his following description], the green shutters and the shutters, the broken ones in short, where the glass is. The shutters ““ the wooden ones. The rock was a bit too close with regard to the wall if I [were to] throw it from least two metres. Unless it was lobbed [i.e. thrown in a high arc]. But in that case it’s rather unlikely that it would smash the glass. For that reason, I repeat, in the context of immediate likelihood, this one “¦

{Witness agrees with Examiner that he was referring to "The outside one", continuing with narrative of reasoning, but is interrupted by Examiner…}

MC:”‹Yes, it’s true. These are considerations. However they are considerations, shall we say, that refer [sic], because they are reasoning/lines of thought that are formed in the “immediacy” of the events [NdT: i.e. “in the immediate aftermath”. NOTE: throughout the text, a number of speakers use “immediatezza” (lit. “immediacy”) to convey a number of meanings, from “in the immediate aftermath”, or “in the immediate surroundings”, or “very soon after”, etc. I will translate them appropriately according to the context, without further explanation of the use of “immediatezza”], in order to proceed in one direction rather than another.

{Examiner, interrupting witness, apparently agreeing with witness's reasoning. While Examiner is apparently stating his own argumentative reservations re the possible evolution-in-time of witness's changing lines of reasoning, he is interrupted by Giulia Bongiorno, Sollecito defense lawyer:}

Giulia Bongiorno [GB]: “‹I never like to interrupt an examination [of a witness], however if one wanted, between the Public Prosecutor’s hypotheses, to do that [sic] of demonstrating that from a ballistic point of view it is not possible, then the ballistic expert should be called.

{GB interrupts Examiner to comment that Witness and Examiner are expressing opinions on Ballistics that require the testimony of a Ballistic Expert.}

MC:”‹But in fact, his considerations are not the considerations of an expert: they are the considerations of an investigator who made certain deductions in the immediacy of the events.

{Examiner argues that witness's testimony is that of an investigator's temporal train of thought.}

MaCh:”‹It happens to us too, at times, to reason/think rationally “¦

{Witness joins colloquy, amplifying Examiner's argument.}

GCM:”‹These reasonings/deductions, then determined your investigative activity in one direction rather than in an “¦?

{Court seems to invite further amplification by witness}

MaCh: “‹Yes, obviously, Mr President. I was trying to ... (overlap of voices) it is a premiss/basis to be able to then, how shall we say, reach ““ I won’t say conclusions ““ but in order to try to understand what our way of broaching the thing was, there and then. We had, I reassert, reasoned immediately also on via Sperandio. So the first thing, I may say, [was] the unlikelihood, or at any rate it was not the top priority hypothesis, the one of a prowler/ill-intentioned person entering. The open door without signs of break-in. But above all, a young woman who is [sic] probably killed in her own room, nude or almost nude, with a wound of that type, in a lake of blood, covered with a duvet. I repeat, the door was not smashed/wrecked, there’s a broken “¦ a window broken with a thrown rock, how can I say, it’s obvious that we immediately found this situation as “¦ (overlap of voices).

MaCh:”‹”¦ particular.

{Witness further amplifies narrative}

GCM:”‹You formed these considerations, and what did they lead you to?

{Court asks simple Q.}

MaCh: “‹That very probably the author or authors knew the person, or at any rate that the author or authors did not enter “¦ did not enter from the window-pane of that window.

{Witness responds with his conclusion that the authors of the faked break-in did not enter from the window-pane of that window.}

GCM: “‹Excuse me a moment, just to give some guidelines, but of the evaluations that the witness is expressing, obviously it’s not that they can be taken account of, however we will acquire them [for the trial files] in order to understand the investigation activities, the appropriateness of the investigations that were carried out, directed in one way or in another, there you go. However, maybe, “¦ there you go, yes, maybe if we can manage to keep with the bare essentials this will help everybody.

{Court proceedings seem to have been diverted into a free-for-all colloquy, with multiple participants chiming-in, and creating confusion. Court-President, GCM, now politely intervenes, apparently trying to restore order, ruling that the professional evaluations made by the witness, testified-to by the witness, should be admitted for the trial files. The appropriateness of the witness's evaluations can be dealt with separately and later.}
_________________________________________________

This segment of Chiacchiera’s Testimony re the Crime Scene, which he believed had been remodeled by the criminals to dupe Investigators into believing that there had been a burglary, committed by a single criminal, is paused here because it is so prolonged.

Analysis of Chiacchiera’s Testimony will continue in a future post.

 


Monday, September 01, 2014

The Knox Interrogation Hoax #12: Proof Released That In 5-6 Nov Session Knox Worked On Names List

Posted by The TJMK Main Posters




1. What Really Happened on 5-6 November

The introduction to Hoax Post #1 explains what really happened at Knox’s recap/summary session on 5-6 November 2007.

In a sentence: Knox was there unwanted and grumpy, was advised by Inspector Rita Ficarra to go and sleep, refused, agreed to build a list of possible perps (she listed seven, including Rudy Guede), spontaneously broke into a wailing conniption over a message she sent to Patrick, was semi-calmed-down and repeatedly provided refreshments, and insisted on writing three statements without a lawyer all of which said she went out on the night of the attack, all framing Patrick, one even pointing at Sollecito.

2. Hard Proof Knox Worked On The List

This memo above (click on it for the full version) records the main outcome of Rita Ficarra’s 75-minute summary/recap session (defenses conceded it was not an interrogation session) with Knox, with an interpreter and two others present.

Rita Ficarra wrote the memo some hours later, on the evening of 6 November, after she had caught up on some sleep. It is based on a handwritten version Knox painstakingly evolved on a page of her notebook, which she then tore out and handed to Inspector Ficarra. That handwritten page is in evidence too.

Kristeva kindly did the translation below.  We described its extreme consequence (still constraining the Perugia defense teams today in non-support of Knox’s heated-interrogation claims) in Knox Interrogation Hoax Post #11.

The timing here is key. According to the testimony of Rita Ficarra and the interpreter Anna Donnino, the real work on the list only began around 12:30 after Anna Donnino arrived. It took all or most of the next hour.  Knox obtained all the phone numbers from her mobile phone which she handed over to the others present at several points. (Those phone numbers are long disused.)

Annotation By Rita Ficarra

On 6 November 2007, at 20.00, in the offices of the Flying Squad of the Questura of Perugia. The undersigned Officer of P.G. [Attorney General], Chief Inspector of the State Police FICARRA Rita, notes that, as part of the investigation of the murder of British citizen Meredith KERCHER,

On the night of November 5th c.a. [current year], at approximately 23.00, while in the Offices of the Questura of Perugia, along with Amanda KNOX, waiting for the same to be heard in regard to the fact for which we are proceeding,

Learned, informally. news related to some male subjects who certainly knew MEREDITH and of whom Amanda gave indications on their respective residences—drawing roads and landmarks in her notebook ““ as well as their mobile phone numbers.

The same [Amanda] extracted these phone numbers from her mobile phone contacts and copied them on a piece of paper torn from her notebook and handed it to the undersigned.

The subjects indicated by Amanda were described as being:

PJ ““ Peter, a Swiss young man of Swiss nationality who certainly frequented Meredith and who would have surely been several times to their home; this young man dwelled in Via della Pergola, precisely in front of the “Contrappunto” club and close to the stairs and parking lot; mobile phone: 3891531078;

Patrik, owner of the pub “Le chic” where [the same] Amanda works. He too certainly knew Meredith. She was not able to provide an address but indicated that she had often seen him near the “rotonda [roundabout] of Porta Pesa, next to the Laundromat. Mobile phone number: 338719523;

Ardak, North African citizen of whom she gave no other indications other than his mobile phone: 3887972380;

Yuve, Algerian citizen who occasionally worked at “Le Chic” and would have dwelled in Via del Roscetto (near the residence of Sophie) phone; 3203758112

Spyros, young man of Greek nationality of whom Amanda does not give any indications other than the mobile phone: 3293473230

Shaky, Moroccan citizen who would have been working in a “pizzeria” and who frequented the pubs and discotheques frequented by Meredith’s group of friends with whom they met at the pub or discotheque, friend of Sophie;

Lastly she informed of another South African young man, black, short, who plays basketball in the Piazza Grimana court, who would have, in one occasion, frequented the house.

On this occasion, Giacomo-Stefano, Riccardo and Marco (neighbours) were allegedly present, as well as Meredith.  She referred to the fact that Yuve probably knew him, but gave no further information, as she herself, didn’t associate with him.

Amanda, who was also present on this exact occasion, confirmed that she used hashish type drugs with her boyfriend Raffaele, despite what she had said previously.

She claimed that he had previously confessed to taking cocaine and acid in the past, but currently only used “pot”.  In addition, she hinted that Raffaele was experiencing problems with “depression-sadness”.

Furthermore, to get hold of her supply of “pot”, she claimed to have asked her flatmate Laura, who, allegedly, acted as intermediary between her and third parties.

It is noteworthy that the same afternoon, following her detention order and prior to her transfer to Capanne prison, Amanda KNOX asked for some blank paper with the intention of writing a written declaration. This she intended to deliver to the undersigned, before she was moved to prison, and requested that every policeman read it.

Hence, the undersigned received the attached manuscript written in English, by KNOX, and informed her that the manuscript, after being translated into Italian, would be forwarded to the appropriate judicial authority.

At the tail end of this meeting, after all this work had been done, Knox was gently told that in his own interview, Sollecito’s account of his movements on the night Meredith was killed now departed from her own.

A short period of extreme uncertainty followed.

Then Knox’s message in response to Patrick showed up in her outgoing texts, although she had just said there was none, and she was asked who he was. Those four others present had no prior knowledge of Patrick and no reason to attach to him any blame.

Knox’s conniption then began, in which she accused Patrick of the crime. Her accusation was repeated again and again. She then insisted on drafting her first formal written statement accusing him. It said she went out implying that she left Sollecito alone which is a claim he has now and then tried to gain from.

**********

This series: where next? Next, one post summarising the conclusions of all the courts. Then a series of posts quoting Knox and many other (Preston, Douglas, Moore, Clemente, Fischer, on and on) over five years, falsely claiming the police were brutal and none of the above was so.

False accusations of crimes are chargeable; so we look forward to seeing their responses to all of this. Knox for sure will be charged. Three years in prison - and nothing at all sunk in? The opposite of smart.


Monday, August 25, 2014

The Knox Interrogation Hoax #11: Why Prosecution And Defenses Never Believed Knox’s Version #2

Posted by The TJMK Main Posters



Famous criminal lawyer Dr Giancarlo Costa - did he depart Knox’s team with doubts about her?

Recapitulating Our Purpose

In Post #10 below we hinted at two items - in fact, they are two documents - that resulted in a sharp drop in Knox’s credibility.

We said this about how Knox’s Perugia lawyers were affected.

It seems impossible to know about these items, and yet still believe that Knox was telling the truth.  Lawyers often encourage their clients to tell the truth and good lawyers never encourage their clients to lie. And yet here Ghirga, Dalla Vedova, Bongiorno and Maori would have known from latest early 2008 that Knox’s claims on the “interrogations” were in fact made up.

And if so, they must have asked themselves, why? Why did Knox have to lie?  In all the legitimate legal processes, meaning all those except the Hellmann appeal, the defense lawyers were seen by close observers to be dispirited and lacking the full punch that the certainty of innocence can bring.

Knox was lying. And they all knew. No hard proof, but it explains the timid cross-examinations. And it was the buzz around Perugia maybe put out by the Sollecito faction for which there is a sort of soft proof.

The one heavyweight among Knox’s lawyers, a prominent criminal lawyer from Rome called Dr Giancarlo Costa, who was with her at the 6-hour 17 December 2007 questioning (which we turn to next) inexplicably departed from her team early-on, leaving her with the much less experienced Ghirga and Dalla Vedova.

Sharp-eyed Andrea Vogt and Barbie Nadeau both noticed that no mention of Dr Costa was made in Knox’s book. Late in 2009 and again late in 2011 Andrea Vogt interviewed him, and he seemingly suggested that Knox might have been better served at the end of the process by a negotiated plea, in effect similar to Guede’s. (If so, he is now proved right, and the remaining Knox lawyers or her family made a very bad call.)

We said this about how all the prosecutors and all the judges were affected. 

In the years that followed since, these two items helped to changed legal mindsets, from Prosecutor Mignini, to Judge Matteini, to Judge Micheli, to Judge Massei, to even Judge Hellmann, and so on to Cassation and the Nencini appeal.


Describing The Two Incriminating Items

Now we turn to the two items, the two documents, the two elephants in the room. They are rock-solid confirmation of all the testimony by investigators in Posts #2 to #9, and in days of defense cross-examination they were not argued with. They were correctly guessed by several emailers. They are of course:

(1) Rita Ficarra’s notes of the 12:45 session

Inspector Ficarra wrote up these notes at 8:00 pm on the evening of 6 November, about six hours after Knox and Sollecito were carted off to Capanne Prison.

This was long before she knew she would be contradicted and years before she knew she would be accused of criminal actions. The notes were in evidence, and it was clear during cross-examination that the defense teams had studied them.

She recorded a description of the session in direct line with her testimony in Hoax Post #2 and Hoax Post #3 and Hoax Post #4. It anticipated perfectly the scenario that emerged from other investigators present.

(2) Knox’s hand-written list of seven names

She wrote these out along with maps and annotations. The list had very obviously been created over a prolonged period of time. This must have occupied all but the final minutes of the session, at which point she lost her cool, had her first conniption, and fingered Patrick.

Here again from Post #2 is the testimony about it by Rita Ficarra. GCM stands for Judge Massei and GM stands for Dr Mignini.

RF: At that point I say to her: “for me it is important then that we write these [names etc down], that therefore, since you are waiting [NdT. i.e. for Raffaele], let’s go do a follow-up to the recap that you have already given me, have already submitted to me”. So I go to the office, that is to say, I go into the office room, and we begin to write.

GM: Listen: before continuing, she wrote a note?

RF: Yes.

GM: The note: you can, I believe you can consult/examine/refer to it.

GCM: Yes, certainly, it is permitted to consult/examine/refer to her records.

GM: I am referring to everything that that note reported.

RF: Yes, I’ve already said that, in effect”¦ The note of 6 November, at 2000 hours, I made it in the evening because having then not slept for two days, I went [straight] to bed in morning when I finished. Morning and afternoon.

The first part I’ve already related and it gives me indications about these boys, about non-Italians, about a certain PJ Peter Svizzero, who had seemingly been several times in their home and who lived nearby the area of via della Pergola 7.

Patrick, of the [sic] owner of the pub, Le Chique [sic], where she herself worked, I’ve already said, she gives me the mobile-phone information.

Then she speaks of a certain Ardak, a North African citizen, and gives me the mobile-phone information.

A certain Juve, an Algerian citizen, who worked occasionally at the Le Chique [sic] pub and who apparently lived in the vicinity of the home of another of the victim’s friends.

Sofie [sic]; also for him she gives me the mobile information.

Spiros, a young lad of Greek nationality, for whom she givers me only the mobile-phone information.

Shaki [Hicham Khiri], a Moroccan citizen who works in a pizzeria, frequents the [same] pubs [as those] frequented by all the girls of the victim’s group, and [is] also friends with Sofie [sic].

She furthermore reports about a black South African boy, short, who plays basketball in the Piazza Grimana court, [and] who on one occasion had apparently visited the home of the boys who lived underneath the apartment.

So Knox eagerly devoted considerable time to recalling and explaining who Peter Svizzero, Patrick, Ardak, Juve, Spiros, Shaki and a South African [Guede, disguised] were, with maps to some of their places and phone numbers thrown in. She was talking and writing at the same time. The four investigators needed to do little more than sit watching.

Contrast The “Explanation” In Knox’s Book

In her book Knox makes no mention of any of the above.

Fom 2007 to 2013 when her book came out, Knox’s tendency was to expand upon and embellish her own explanation for her conniption and fingering of Patrick.

This was despite the fact that her two-day stint on the stand in July 2009 focussed exclusively on this was disbelieved by the Massei judges and by most Italians who watched.

It was also despite the fact that she served three years for this with her guilty verdict confirmed even by Judge Hellmann labeling her a felon for life.

It was also despite the fact that after the 2009 trial those investigators she had impugned at trial sparked new charges still to be faced in a Florence court.

It was also despite the fact that more charges for her 2013 book and her Oggi interview are expected to be added by the chief prosecutor in Bergamo.

Amazingly, she was still digging herself in deeper as late as 2014. By far her longest, most self-serving and most surreal version of the session appeared as Chapter 10 of her book.

This chapter is 20 pages long and consists of page after page after page of invented dialogue. Everybody has long known that the last few pages were Knox’s malicious invention.

That the rest of the pages are too is also dead-certain.

Neither Rita Ficarra’s notes nor Knox’s list of names with maps and notes,one of which she created and both of which were repeatedly testified to right in front of her, are even mentioned anywhere in Knox’s book.

This dishonest dialogue and mass accusation of crimes is what Knox and Linda Kulman give us instead: 

Police officer Rita Ficarra slapped her palm against the back of my head, but the shock of the blow, even more than the force, left me dazed. I hadn’t expected to be slapped. I was turning around to yell, “Stop!”””my mouth halfway open””but before I even realized what had happened, I felt another whack, this one above my ear. She was right next to me, leaning over me, her voice as hard as her hand had been. “Stop lying, stop lying,” she insisted.

Stunned, I cried out, “Why are you hitting me?”

“To get your attention,” she said.

I have no idea how many cops were stuffed into the cramped, narrow room. Sometimes there were two, sometimes eight””police coming in and going out, always closing the door behind them. They loomed over me, each yelling the same thing: “You need to remember. You’re lying. Stop lying!”

“I’m telling the truth,” I insisted. “I’m not lying.” I felt like I was suffocating. There was no way out. And still they kept yelling, insinuating.

The authorities I trusted thought I was a liar. But I wasn’t lying. I was using the little energy I still had to show them I was telling the truth. Yet I couldn’t get them to believe me.

Huh? Really? In fact only four were involved. The conversation was low-key. The list of names did emerge. Knox was never yelled at or hit, as her own lawyers publicly confirmed. And Rita Ficarra and others describe some exceptional kindnesses shown to Knox, before and after she spontaneously became disturbed, which at trial Knox confirmed.

Knox and Linda Kulman give us twenty more pages of this mass accusation of crimes, which not one witness confirmed or any court believed, more than enough to occupy the entire session, leaving no time for all the work on that list of names which was the sole point of the session and undeniably exists.


Saturday, August 02, 2014

The Knox Interrogation Hoax #10: Why Prosecution And Defenses Never Believed Knox’s Version #1

Posted by The TJMK Main Posters




1. Anti Knox Proofs In Plain Sight

American supporters of Knox argue that the “interrogation” is a “she said/they said” situation. One in which it is Knox that tells the world the truth.

And that the police had closed ranks to hide a brutal hours-long session resulting in Knox framing Patrick and that the “lost” recording of the “interrogation” would prove that she is the one that is right.

There is, of course, no recording, as it was an impromptu recap/summary session, with someone who might or might not have relevant information for the police. No legal system in the world requires the taping of that.

But there is in fact hard evidence the other way, that the investigators told the world the truth. Two items. Each mentioned often and assumed as givens in Posts #2 to #9.

Even if the days of crushing testimony left undented by cross-examination which we have posted was not enough, these items prove that the first scenario here is the truth and Knox has ever since lied.

Because several defense lawyers remarked on them without debating them, in cross-examining all the investigators who had any encounter with Knox on 5-6 November, all the defense counsel unquestionably knew that the items lurked there in the evidence pile in plain sight.

It seems impossible to know about these items, and yet still believe that Knox was telling the truth.

Lawyers often encourage their clients to tell the truth and good lawyers never encourage their clients to lie. And yet here Ghirga, Dalla Vedova, Bongiorno and Maori would have known from latest early 2008 that Knox’s claims on the “interrogations” were in fact made up.

And if so, they must have asked themselves, why? Why did Knox have to lie?

In all the legitimate legal processes, meaning all those except the Hellmann appeal, the defense lawyers were seen by close observers to be dispirited and lacking the full punch that the certainty of innocence can bring.

In the years that followed since, these two items helped to changed legal mindsets, from Prosecutor Mignini, to Judge Matteini, to Judge Micheli, to Judge Massei, to even Judge Hellmann, and so on to Cassation and the Nencini appeal.

If they are landmines, in the legal process they long ago went off. 

And all along Knox should have known that the items exist, they were repeatedly talked about right in front of her in the court.

But Knox makes no mention in her book, or in her appeals, or in her email to Judge Nencini, or in her appeal to the ECHR (we presume). How odd.

2. See Proofs In Plain Sight

Click for Post:  The Knox Interrogation Hoax #11: Why Prosecution And Defenses Never Believed Knox’s Version #2


Friday, July 18, 2014

Seeds Of Betrayal: Multiple Examples Of How RS And AK Have Stabbed Each Other In The Back

Posted by The TJMK Main Posters

RS in Feb 2014 after Nencini-appeal guilty verdict

1. History Of Backstabbing #1 2007-2014

The other day, a claim was posted that claimed sources had said Knox would soon accuse Sollecito.

This inspired quite an outcry, and the claim’s heavy-handed suppression. Can you believe: by legal means? That claim really rattled a few cages.

Why was the claim so dangerous?

NOT because the claim was wrong. In fact because for seven-plus years Sollecito and Knox have repeatedly cycled between very occasional chummy hugs and very numerous aggrieved stabs in the back.

And for the most part the more-aggrieved Sollecito has come out ahead. The desperate Knox PR and apologists are simply stumped at how to stop him or how to explain all of this.

2. Phases And Kinds Of Backstabbing

We are now seeing the fourth phase.

  • In 2007 (see below) Sollecito really damaged Knox’s situation and both stabbed the other in the back a lot.

  • From 2008 right through 2011, desperate for confirmation of an alibi, an anxious Knox beamed pleas at a sullen Sollecito, for example in public “love letters” she wrote, and a public request to have a private chat.

  • From 2012 upon provisional release it was now Knox being sullen, and hard to get. Now it was Sollecito in puppy-dog mode. He might have been driven by a genuine desire for a renewed relationship, but a highly publicised bid to set himself up safely in the US maybe made Knox wonder “Is this was true love?”.

  • And from mid 2013 mutual knifings have been fast and furious, many now on Twitter, and Italy in particular is closely watching the show and waits agog as the justice system applies further heat.

The backstabbings break down into two varieties: (1) many are active-aggressive (as in: they actually complain about one another); (2) others were passive-aggressive (as in: they try to help themselves but conspicuously ignore the other.) Typically Sollecito’s aggression dominates over Knox’s.

3. Incidences Year By Year

1. The year 2007

Our emerging Interrogation Hoax series quotes multiple witnesses testifying how quickly and decisively Knox and Sollecito in the blink of an eye began dropping the other in it. Posts of relevance soon to be linked-to here.

From 6 November 2007 Knox and Sollecito were kept separated, and were not allowed to talk. (That continued to late 2011.) Sollecito was pretty easy to read: he had little interest in talk. A sulky silence was his norm.

1 Click for Post:  Officer Moscatelli’s Recap/Summary Session With Sollecito 5-6 No

On 6 November Sollecito’s statement to Inspectors Moscatelli and Napoleoni included this about Knox :

I know Amanda for two weeks. From the evening I first met her she started sleeping at my house.

The first of November I woke up about 11.00, I had breakfast with Amanda, then she went out and I went back to bed. I then met up with her at her house around 13.00-14.00. In there was Meredith who left in a hurry about 16.00 without saying where she was going.

Amanda and I went to the [town] centre about 18.00 but I don’t remember what we did. We remained in the centre till 20.30 or 21.00.

I went to my house alone at 21.00, while Amanda said that she was going to the pub Le Chic because she wanted to meet with her friends.

At this point we said goodbye. I went home, I made a joint. Had dinner, but I don’t remember what I ate. About 23.00 my father called me on my house phone line.

I recall Amanda was not back yet.

I web surfed on the computer for two more hours after my father’s phone call and I only stopped when Amanda came back in, presumably about 01.00…

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.

Yikes. Knox finds her best alibi yanked.

2 Click for Post:  Summarised AK And RS Signed Statements 2-5 November 2007 

Not so long after, possibly knowing about this, Knox comes out with a statement which points at Sollecito in turn.

I don’t know for sure if Raffaele was there that night [during the attack on Meredith] but I do remember very well waking up at my boyfriend’s house, in his bed, and I went back to my house in the morning where I found the door open.

3. [Source to come] Then on 8 November 2007 Sollecito submitted a statement to Judge Matteini which began:

I never want to see Amanda again. Above all, it is her fault we are here.

4. [Source to come] There were multiple further instances throughout the rest of 2007, quotes of which will be included soon in the Knox Interrogation Hoax series.

2. The Year 2008

5. [Source to come] Knox and Sollecito each appealed Judge Matteini’s ruling to the Supreme Court. Neither helped the other at all. Both appeals failed in April and they were each kept locked up.

6. Click for Post: Sollecito Turns On Knox? This Is Extraordinary”¦

In October toward the end of Guede’s trial and RS’s and AK’s remand for trial Sollecito’s DNA expert testifies to Judge Micheli that he found Knox’s DNA on Meredith’s bra and bra-clasp.

7. Click for Post:  Sollecito Family Trial: On The Component About Their Alleged Attempt At Political Interference

Francesco Sollecito phone conversation in March 2008 with Vanessa captured by the Carabinieri in which he shows his extreme distrust and dislike of Knox who he blames for RS’s plight.

3. The Year 2009

8. Click for Post  The Letters Between The Women’s And Men’s Wings In Capanne

Letters sent from Knox to Sollecito in February are published, showing an eagerness to get together, suggesting she really needs Sollecito to speak up and confirm her latest alibi.

9. Click for Post  Trial: Defendant Noticeably Bubblier Than Meredith’s Sad Friends

This kind of callous, flippant behavior by Knox had the entire court backed off, not least the Sollecito team which had no desire to be chained to this seeming dangerous nut.

10. Click for Post  Sollecito Not To Be Trumped By Knox Antics In The Female Wing Of Capanne

While RS and AK didnt have access to one another they sure had access to the media and in the Italian media a competitive Sollecito posted a steady stream of stories

11. Click for Post  Trial: Knox Claimed Not To Have Been At The House On The Night

Knox suddenly claims this, despite contrary 2007 claims by both Knox & Sollecito, which messes with Sollecito’s alibi that he was at home alone on the computer.

12. Click for Post  Seems Sollecito Is Feeling Really Sorry - For Himself (So What’s New?)

Sollecito tries to give himself an edge over AK by being extra-whiny about how awful he finds prison, and the distasteful little people he was being made to mix with.

4. The Year 2010

13 Click for Post  How Each of The Three Subtly But Surely Pushed The Other Two Closer to The Fire

The Knox team avoided this popular Porta a Porta TV series, maybe too scared of hard questions, while the Sollecito lawyers and family used it to promote suspicion of AK and Guede.

14. Click for Post  Newsweek Report From Italy On Damage Shrill Campaign Is Doing To Knox’s Interests & America’s Image

The shrill Knox campaign was irritating Italians and so hurting Sollecito’s image and prospects and it was not shoring up his own story. Bongiorno especially disliked the campaign. 

15. Click for Post  Rocco Girlanda’s Strutting Manic Grinning Intrusion Seems A Major Danger To Sollecito/Knox Harmony

The strangely kinky Member of Parliament (now voted out) paid numerous visits to Knox (“monitoring conditions”) and tried some nasty (though ineffective) political tricks - but not for Sollecito.

16. Click for Post  The Knox Movie: Sollecito Reported Angry - Real Risk That His Defense Could Break Away From Knox’s

The Sollecito camp had a strong belief that the Knox camp was behind this TV movie and so they fought it, though it turned out quite even-handed and the RS role was minor.

5. The Year 2011

17. Click for Post  Sollecito Defense Team Breaking From Knox Defense Team On Legal Measures To Stop Lifetime Movie

Further differences reported here between the two camps on the Lifetime movie which until it was aired was believed to favor Knox and build a case for her innocence.

18. Click for Post  Tenth Appeal Court Session: Might Today’s Testimony Give Sollecito More Of An Advantage Than Knox?

After his team’s (attempted) discounting of the main evidence at Meredith’s house against Sollecito, Knox’s position looks way worse, as she has motives both for killing and cover-up.

19. Click for Post  Is The Raffaele Sollecito Defense Team About To Separate Him From A Radioactive Amanda Knox?

Final days. Sollecito has at least five advantages over Knox. Better lead lawyer, better family in Italian eyes with smarter campaign, not much physical evidence at the house, no obvious motive unlike Knox, and a weak and washy personality Bongiorno plays up.

6. The Year 2012

20. Click for Post  In Desperation A Council Of War? All Of The Sollecito Family Suddenly Hop On Flights To Seattle

Sollecito is the one now in puppy-dog mode, though his father has said publicly that the relationship with Knox is at an end; here the RS family sets out for Seattle to try to make it so. 

21. Click for Post  Sollecito’s Book Honor Bound Hits Italy And Already Scathing Reactions And Legal Trouble

Sollecito’s book, which subtly promotes Knox’s guilt, runs into legal trouble for false claims, which could also impact Knox’s claims and legal future. His seeming sticking with Knox damages Bongiorno’s defense strategy.

22. Click for Post  Will Sollecito Drop Amanda Knox In It Further In A Public Seattle Interview At 7:00 PM Tonight?

Sollecito’s American book promotion tour often went badly and he seemed unaware of what was in his own book; though once again he was making out Knox was guiltier. His defense team despise the book.

7. The Year 2013

23. Click for Post  Knox & Sollecito Meet - To Attempt To Bury The Hatchet Other Than In Each Other?

The second public Sollecito attempt to end up with Knox, who already had chips on her shoulders about him but went through this charade. Soon, they were back to whacking one another.

24. Click for Post  Seeds Of Betrayal: Sollecito Twice More Implies Evidence Against Knox Much Stronger Than Against Him

Sollecito sustains this steady drum-beat of putting Knox down, highlighting the evidence against her, repeatedly saying he stuck with her despite no evidence against him (no deal helping RS was ever offered).

25. Click for Post  Seeds Of Betrayal: In Interview Knox Reveals To Italy Her Considerable Irritation With Sollecito

Knox does an extended interview with Oggi (for which she and Oggi are being charged) lying about officials and the evidence, but also uttering her angriest blast yet against Sollecito.

8. The Year 2014

26. Click for Post  Rejected Yet Again By Knox, Sollecito Seems Frantic To Avoid What Might Be A Final Return To Italy

Sollecito (like Sforza) was desperately looking for someone to marry him, to keep him in the US. Kelsey Kay was briefly interested, but he dumped her; he had told her Knox had recently turned him down.

27. Click for Post  What We Might Read Into Sollecito Lawyer Giulia Bongiornos Final Arguments To The Appeal Judges

Bongiorno shows contempt for Knox; she effectively conveys the sense of the RS family that a crazed Knox dragged RS into this. She see the RS book as a pro-Knox con job by her team.

28. Click for Post  As Knox & Sollecito Try To Separate Themselves, Each Is Digging The Other In Deeper

Sollecito is clearly trying to distance himself from Knox now, claiming that there is far more evidence against her than against him. Knox’s irritation with him is growing.

29. Click for Post  Sollecito Suddenly Remembers He Wasnt There But Cannot Speak For Knox Who (As She Said) Went Out

Members of Sollecito’s family are believed to be taking their anger at Knox to Twitter and making numerous taunts while emphasizing how they believe Sollecito was dropped in it by Knox and is less to blame.

30. Click for Post  Spitting In the Wind: Sollecito News Conference Backfires On Him AND Knox - What The Media Missed

Really irritated at the US-written RS book, Bongiorno goes a long way to separating the two perps in the minds of Italians; however RS hedges a little though, after having said the evidence points only to Knox.

4. Interim Conclusion

There were also myriad instances of mutual put-downs in their two books. Public squabbles post-2014 will soon be linked-to. The war by other means also continues on Twitter. Briefly it hit the bathshit-crazy Ground Report website.

This feud is obviously driven mostly by Sollecito. Much damage to Knox is already done, and Italians adamantly want her put away. A brighter family and paid team might now be saying “It is time for a Plan B and doing something to warm up Italy”.


Wednesday, July 16, 2014

Overkill Of Knox/Marriott PR Causes Sollecito-Camp Reaction And Seeming Hurt To Knox Herself

Posted by Peter Quennell



Seattle, generally such a huge plus in the world, embarrased by the river of slime

Act 1. Hubris Of The Knox Public Relations Described

A long report on Marriott’s PR appeared late in 2011 after Knox was provisionally released.

David Marriott never visited Amanda Knox during her four years in an Italian prison.  He met her this month, when she stepped off a plane in Seattle.

Yet for Knox and her family, Marriott was as important a player in her ordeal as anyone in the courtroom. As Knox’s publicist, beginning three days after her arrest, Marriott worked to convince the international public that she did not murder her British roommate while studying in Perugia.

“Hiring him was one of the smartest things we ever did,” said Curt Knox, Amanda’s father.

The article goes on to describe how family and friends were pushed into the limelight and specific big TV networks targeted.  It talks about great financial opportunities for Knox.

Marriott himself demonstrates no understanding of the case - in fact. he sounds proud of his ignorance and his reflexively anti-Italy stance. To a smarter Curt Knox those might have been red flags.

Act 2: Brutal Overkill Of A Flailing Campaign Described

In October 2013 our main poster Media Watcher laid the blame for the slow-moving Knox media cooling at David Marriott’s door.

Now The Examiner is only one of many preparing to take another retaliatory whack.

Public relations is perfectly understandable for celebrities, politicians, or executives, but murder suspects too? At first this aggressive proliferation of pro-Knox articles, tweets and commentary were justified as a defense against the European media’s negative portrayal of her. However, as time wore on, the overpowering presence of Knox’s media campaign has reached outlandish proportions.

Nowadays no blogger is safe to write a factual article about the Meredith Kercher Murder Case without contemptuous comments filling up their Disqus community. Patient webmasters at CNN.com must brace themselves for the onslaught of tens of thousands of interjections cluttering up each and every news article concerning the Meredith Kercher cum Amanda Knox murder case. Mob mentality seems to have taken over Knox’s PR initiative. Knox’s advocates have gone so far as to aim their crosshairs on the victim’s family.

The article, very well researched so far as it goes (it omits the third act below) goes on to describe how Sollecito’s camp has had to open a PR front to unchain Sollecito from Knox. 

Act 3: How Knox Herself Is Losing Big Described

Know your enemy. Dont go about attacking the king unless you can kill him dead. Italy’s Niccolò Machiavelli (1469-1527) wrote about it in The Prince:

If one is striking out at an opponent, one should make sure that the fatal blow is struck, successfully ending the confrontation. Machiavelli wrote that “the injury that is to be done to a man ought to be of such a kind that one does not stand in fear of revenge.”

Wise words for Marriott and Curt Knox. They have remained steadfastly ignorant of the enemy. The attack has clearly failed. Wall-to-wall Italy now has the upper hand. And the PR is a millstone around Knox’s neck.

Here are seven of the ways the Knox-Marriott campaign has fallen short and has actually done real harm.

    1) The real case for conviction remains rock-solid with many times the number of evidence points that a US or UK court would require for guilt.

    2) No paper trail helpful to Knox exists between the American Embassy and the State Department, and the extradition agreement is precise and firm. 

    3)  Knox’s bedrock claim, that she was pressured into a false accusation, not only cost her three years for calunnia but will cost her a defamation trial.

    4) The defamatory Knox book that was the windfall David Marriott so jubilantly talks about is turning into an albatross around Knox’s neck.

    5) The bloodmoney windfall will not remain Knox’s to keep, under Italian and American laws, and even Marriott’s fees could be at risk.

    6) The PR is being unresponsive to ANY damaging claims, such as Knox’s attempted framing of Mignini, and its output is increasingly surreal junk.

    7) The PR is making the Sollecito camp hostile, Italian media too; at the same time, since the failed appeal, the US media have chilled.

And so we see the slow death of a campaign built on xenophobia, racism, personal abuse, zero understanding of the details of the case, and zero understanding of the real Italy and its law.

Italy is actually rather a sucker for confession and penitence. Against a famously impervious justice system, the hard line was a terrible, terrible mistake.

Coming soon? “Firing him was one of the smartest things we ever did” says Curt Knox.


Below: From the Examiner, David Marriott and Seattle TV reporter Linda Byron


Friday, July 11, 2014

The Knox Interrogation Hoax #9: Officer Moscatelli’s Recap/Summary Session With Sollecito 5-6 Nov

Posted by The TJMK Main Posters



[Sollecito at trial on the day when Inspector Moscatelli testified]

1. What Really Happened on 5-6 November

The introduction to Hoax Post #1 explains what really happened at Knox’s recap/summary session on 5-6 November 2007.

In a sentence: Knox was there unwanted and grumpy, was advised to go and sleep, refused, agreed to build a list of possible perps (she listed seven, including Rudy Guede), spontaneously broke into a wailing conniption over a message she sent to Patrick, was semi-calmed-down and repeatedly provided with refreshments, and insisted on writing three statements without a lawyer, all of which said she went out on the night of the attack, all framing Patrick, one even pointing at Sollecito.

Posts #1 to #8 included all the testimony from three police staff (Ficcara, Zugarini, Donnino) who sat with Knox, and then some of the testimony from Napoleoni (who was mainly with Sollecito) and Giobbi (an officer from Rome who was elsewhere in the questura and overheard Knox’s conniption). 

Inspector Daniele Moscatelli was also from the national police in Rome. He had previously questioned the boys who lived downstairs, and on 5-6 November he led the discussion with Sollecito, who was in a room some distance from Knox. On this night, the subject was to be some discrepancies in Sollecito’s phone records. Expectations were low, and many others were still being similarly questioned.

There was some limited interaction with Rita Ficcara’s recap/summary session with Amanda Knox, so the claims made here and their timing will become very important.

At the end of the session Sollecito’s signed statement for Inspectors Moscatelli and Napoleoni included this about Knox :

I know Amanda for two weeks. From the evening I first met her she started sleeping at my house.

The first of November I woke up about 11.00, I had breakfast with Amanda, then she went out and I went back to bed. I then met up with her at her house around 13.00-14.00. In there was Meredith who left in a hurry about 16.00 without saying where she was going.

Amanda and I went to the [town] centre about 18.00 but I don’t remember what we did. We remained in the centre till 20.30 or 21.00.

I went to my house alone at 21.00, while Amanda said that she was going to the pub Le Chic because she wanted to meet with her friends.

At this point we said goodbye. I went home, I made a joint. Had dinner, but I don’t remember what I ate. About 23.00 my father called me on my house phone line.

I recall Amanda was not back yet.

I web surfed on the computer for two more hours after my father’s phone call and I only stopped when Amanda came back in, presumably about 01.00”¦

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.

This will already be a long post, and the last for now on testimony from the police. So we’ll highlight all the devils in the details of all this police testimony in our next post. This translation is by Catnip and is also posted on the excellent wiki.

Click here for the rest


Friday, July 04, 2014

The Status Of The Various Computers In The Case And Whether Anything Nefarious Happened To Them

Posted by Sallyoo



Trial court 2009 on one of several days computer and internet activity was testified to

1. Computer use as high-stakes evidence

There have been many arguments about computers during the case.

They began at the very beginning, and there is even now, in the final appeal by Sollecito to the Court of Cassazione, one remaining somewhat fantastical theory.

The facts surrounding the computer evidence collected by the prosecution have been obfuscated and contradicted by the defence using exactly the same techniques as have been used about the DNA and other forensic evidence in the case.

Blind the court (and the public) with hypotheses which very few people can follow, and use this ignorance to spread confusion and doubt.

Let’s try to shed some light.

2. Five key computers, plus

We know that Sollecito is pretty familiar with computers, he had two at the time, a MacBook and an Asus [1],  both portables.[2]  His apartment had a decent broadband connection, supplied, (using the Telecom Italia infrastructure) by Fastweb.

We know that both of these computers were sequestered from his apartment on the morning of Nov 6 2007, when Sollecito accompanied a squad of policemen despatched to search his apartment.

We know that the police removed, (on Nov 7), from the house in Via Della Pergola (where there was no telephone nor broadband service) a MacBook belonging to Meredith, a Toshiba belonging to Knox, and a portable computer belonging to Laura Mezzetti.

The police also took an HP portable from Lumumba’s apartment.

There is even another computer which the police already had possession of, and that is a Sony portable belonging to Filomena Romanelli. This computer Filomena herself had taken away from her bedroom shortly after the discovery of the murder, and which the questura, in the evening of Nov 2, required her to hand over to them because it formed part of the ‘crime scene’.

3. The police HD analysis begins

On Nov 13 a postal police technician (Marco Trotta) received a box containing five computers (two from Sollecito, Knox, Meredith and Lumumba).

On Nov 15, in the presence of Formenti, (a consultant nominated by the defence) Trotta took them apart (removed the hard disks) and attempted to make copies of the data recorded on them.

This is the point at which it is alleged the destruction of three hard disks occurred.

It is difficult to believe that this is the case. Not only because the equipment used had never before (or since) managed to trash a hard disk (and it had no problems with Lumumba’s disk) but also because of the state of Filomena’s computer, which never got anywhere near Trotta.

All of the computers had of course been in the hands of the squadra mobile for some days before being consigned to Trotta, allowing for the possibility of some earlier interference by some malfeasant policeman.

This isn’t likely, not only because Trotta insists that the computers were complete and superficially undamaged, and the hard disks factory sealed when he dismantled the computers, but also because of Filomena’s computer.

4. Filomena’s Sony machine

It is now time to go a little deeper into the history of Filomena’s Sony.

This was a fairly new machine, which she kept in a substantial computer carrying case. It was working perfectly on Oct 30 when she last used it. She had left it in her bedroom, the case standing upright beside her bed, when she went off to spend the brief holiday with her boyfriend.

She found it, still in the carrying case, lying flat in a pile of stuff under the broken window of her disturbed bedroom. [3]

The defence commissioned a Computer Expert Report, entered during the Massei trial, which talked about the reason for the data being irrecoverable on the three computers’ disks.

Their conclusion was that the electronic circuitry controlling the hard disks had, in all three cases, suffered damage, most probably due to an electrical overtension. The circuitry had been ‘fried’.

They were unable to be certain how or when this might have occurred, or to opine on whether it was deliberate.

Filomena, in the presence of Gregori, (another communications police officer), at the Questura on the evening of Nov 2 attempted to turn on her Sony. It wouldn’t work. The hard disk would not respond properly.

When she got it back on Dec 18 and gave it to a private computer technician, he said the control circuitry on the hard disk is ‘fried’. Exactly the same fault as had occurred on the other three, which we are expected by th defense to believe was either a deliberate piece of police sabotage, or proof of police incompetence.

5. The Sollecito computers

The important computers, of course, are those owned by Sollecito because he is, even now, still trying to force an alibi out of them.

The MacBook has been accurately interrogated to death, most particularly by a defence expert named Antonio d’Ambrosio who gave very clear testimony at Massei on 26 Sept 2009.

He was even generous enough to acknowledge that the investigations carried out by the postal police were correct, and well interpreted, and that he was able to uncover a little more information simply because he wasn’t limited by forensic protocols (and could therefore reveal information not visible to the Encase software used by the police) when he examined a copy of the cloned disk from the Mac.

Basically the only ‘news’ in this interesting testimony was an interaction with the Apple website at 00.58 on Nov 2, which he did consider a human interaction with the computer. 

6. Activity on the Internet

Sollecito maintains he spent the whole evening and night in his flat. At first his story was that he was sending e-mails and surfing the web. This was quickly demolished by reference to the IP log supplied by Fastweb, the broadband supplier.

It’s necessary to get slightly technical here.

Most of what we call The Internet, and certainly everything which is called The Worldwide Web, including e-mail clients, subscribe to a protocol which (in shorthand) means everything is a Port 80 request.

The individual computer, via its router, contacts the ISP (Fastweb, in this case) and identifies itself by means of a unique IP address. The ISP then directs the communication to the IP of the website requested.

This is all recorded on the Fastweb network. It is certain that no Port 80 requests were made from Sollecito’s apartment (whichever computer he may have been using) between 18.00 on Nov 1 and 00.58 on Nov 2. 

There are parts of the international communications network which don’t use Port 80 protocols. The most ‘innocent’ of these are Peer to Peer (P2P) networks ““ in widespread use for distributing and downloading music and video files.

Sollecito certainly availed himself of these services, using a program called Amule on his Mac. He had a folder containing downloaded files, which was accessible to the program, and thus also accessible to anyone in the world who wanted a copy of something which Sollecito had in this shareable folder on his computer.

If he wished to save the file for posterity, he would move or copy it from this accessible folder into his own archive.

Video files are large, and they take a long time to download. Clearly, to download a file, or to make your publicly accessible folder available, the computer has to be turned on and connected to a router.

If you use these file sharing services extensively, it implies that you keep your computer turned on and connected all the time. It seems likely that this was Sollecito’s habit.

Clearly, you need to automate this sort of transfer ““ often a large file will be accessed in part from one remote computer, and another part will be located on another remote computer ““ so you simply instruct Amule to get you a film, or a list of films, and you can walk away from the computer.

Even D’Ambrosio is unable to be certain that a human interaction occurred at 21.26 on Nov 1, or whether a pre-requested download of Naruto commenced.

However, no IP addresses are exchanged when connecting to a P2P network, and so it is impossible (from ISP records) to trace any traffic.

It is possible though, from the hard disk, to discover what has been downloaded and saved to a computer on a P2P network, and exactly when ““ but to distinguish an automated process from a user instigated one is not possible.

7. Computers and Hellmann appeal

Now we move onto the Hellmann appeal, where a report from this same consultant D’Ambrosio was accepted into the case files. I haven’t been able to find this report, and Judge Hellman doesn’t even refer to it in his sentencing report.

However, the gist of this D’Ambrosio report is included in the current ricorso (appeal) from Sollecito to the Court of Cassazione.

8. Computers and Cassation appeal

We hear a bit about screensaver behaviour, and quite a lot about post Nov 1 interactions overwriting earlier actions.

The major ‘fresh’  theory now depends on asserting (more than four times in the ricorso) that the postal police destroyed Sollecito’s Asus, and that this action has meant that Sollecito’s alibi cannot be proved.

The lack of any signs of interaction on the Mac can be explained (so we are informed) by the Mac and the Asus being networked together, using a file sharing utility named Samba, and if the (broken) Asus could have been accessed it might have shown that it had been controlling the Mac.

So the Mac would have been doing things at the command of its owner, but because the owner was interacting with the keyboard of the Asus rather than that of the Mac, these actions are undetectable on the Mac.

This is what we are now being asked to believe.

9. Conclusion and way forward

I think this is an accurate summary of the relevant parts of ‘computer evidence’ discussed, or deposited, during the hearings and in the ricorso.  I look forward to any comments, clarifications, corrections, but above all, to any new theories about how and when the four hard disks got trashed.

From other sources there are an additional two hints at possible new or ignored evidence:

The BBC reported, on 14.03.2009, the following sentence. “A second computer belonging to Mr Sollecito also showed no activity but the suspect had himself admitted it had been broken before the crime was committed.”  [4]

And then we have Sollecito, in his prison diary of 11.11.2007, being rather more than aware that his computer is not going to be useful to him as an alibi.

I have been very anxious and nervous in the last few days, but to see my father who tells me “do not worry, we will get you out” makes me feel better. My real concerns are now two: the first one derives from the fact that, if that night Amanda remained with me all night long, we could have (and this is a very remote possibility) made love all evening and night only stopping to eat… it would be a real problem [casino] because there would be no connections from my computer to servers in those hours…

No connections in those hours? Hmmm.

10. My references

[1] This computer is sometimes referenced as an Acer. In Trotta’s testimony (he is reading from notes) it is listed as an Asus, so I have used this name. There is only one computer whether it’s an Asus or an Acer.

[2]  There is a reference to a non portable computer in Sollecito’s apartment (in the testimony of Popovic). This is the only mention of any non-portable (i.e. desktop or tower cased machine with separate monitor).  Given the position from which Popovic saw the screen (on a desk, with Knox sitting in front of it) it seems likely that she was mistaken.

[3]  Amanda Knox frequently refers to seeing Filomena’s computer on her desk after the ‘break in’. At one point in her testimony she changes her mind and corrects herself to change the computer to camera.

[4]  http://news.bbc.co.uk/2/hi/uk_news/7943828.stm I have not found another source for this comment.


Wednesday, July 02, 2014

Rome Press Conference Reports: Sollecito Separates From Knox, Bongiorno Misleads On Her Text

Posted by The TJMK Main Posters




1. Overview Of This Post

Sollecito and Bongiorno held a much-attended press conference at which they tried to hang Knox out to dry.

This post first quotes some of the reports and then looks at the big reveal, that there is proof Knox was out TWICE including later in the evening when Sollecito was still at home.

2. Reports From English-Language Media

Lizzy Davies In The Guardian

Raffaele Sollecito, the ex-boyfriend of Amanda Knox who faces a 25-year prison sentence for the murder of Meredith Kercher, has placed renewed pressure on his American co-defendant by noting “certain anomalies” in her case.

As he unveiled his defence strategy for a potentially definitive appeal which could see him and Knox definitively convicted of the British student’s killing in 2007, the 30-year-old Italian said he still believed “to this day in the innocence of Amanda Marie Knox”.

But, in what some read as a sign he is preparing to distance himself from his former lover after six-and-a-half years of rigidly joint defence, he added: “But obviously, in what I read in the court papers, I register certain anomalies.”

While saying she hoped both convictions would be quashed by Italy’s supreme court, Sollecito’s lawyer, Giulia Bongiorno, urged the judges to take “coherent and consequent decisions” if they felt there were contradictions in the appeal court’s sentence, and not to “automatically extend anomalies pertaining to Amanda to Sollecito”.

At a press conference in Rome on Tuesday, Sollecito acknowledged, as he has done previously, that he cannot be absolutely certain of how much time the 27-year-old student from Seattle spent in his flat on the early part of the evening of the murder, even if he is certain the two spent the night together. The pair have always said their memories were foggy due to the effects of cannabis.

Sollecito’s appeal, said Bongiorno, focused on a text message which Knox says she sent from her then boyfriend’s home at 8.35pm the evening of the murder but which the Florence court, in its reasoning, accepts was sent from outside.

“According to the sentence, this [SMS] was not written from Raffaele’s house. Therefore the two were not together,” said Bongiorno. She added that, from her client’s point of view, the discrepancy was “either the nth mistake of the sentence, or ‘I [Sollecito] was lied to, too.’”

She added that his defence team had estimated that the attack on Kercher took place between 9pm and 9.30pm ““ though a time of death has never been agreed on and prosecutors have argued it occurred later. Sollecito says evidence from his computer proves he was at his home until at least 9.26pm.

Another hinge of his defence is a memo written by Knox in which she admitted to confusion over earlier statements in which she had falsely accused bar owner Patrick Lumumba of the murder, said she was present at her house and heard the 21-year-old Leeds University student “screaming”.

She later retracted the statements.

Sollecito said he did not believe the contents of the “odd, eccentric” memo, but that as the Florence appeals court ““ which reinstated the pair’s guilty verdicts in January ““ appeared to draw on parts of it for the convictions, he was forced to respond to that version of events.

“For me this memo recounts only fantasies and figments of the imagination,” he said. “But if what were written in the memo were true, taking it as a given that the judges are right [to use it in their verdict], could you explain to me where I figure in it?”

He added: “What is my participation? What is my motive, my involvement, anything? Explain it to me, because my name is Raffaele Sollecito and not Amanda Marie Knox.”

Unsigned, BBC Website

At a press conference in Rome on Tuesday, Sollecito insisted that he was innocent but said he remained convinced that Knox was too.

Unveiling his new defence strategy, he said January’s guilty verdict had been based on evidence from Knox that exonerated him.

“The 25-year prison sentence given to me is based entirely on the statement written by Amanda Knox in pre-trial detention. She herself exonerates me entirely,” he told press.

In the statement, she says she was in her flat while the murder was being committed, “with my hands over my ears because in my head I could hear Meredith screaming”.

Sollecito is not mentioned by Knox in the text, which his defence team says is proof he was not present at the scene.

“Taking it as read that the judges are right [in basing their verdict on Knox’s statement] will you please explain what I have to do with it?” Sollecito said.

Knox later withdrew the statement after saying she had written it under police pressure, and the pair have been each other’s alibis since, saying they spent the night together at his house.

Sollecito’s lawyer Giulia Bongiorno said that while he has always said he “spent the night” with Knox, he has never said they spent the evening together.

Ms Bongiorno added that her client’s appeal would cite a text message that Knox claims to have sent while with Sollecito at his house.

“This text message, according to the court’s own ruling, was not sent from his house. Therefore the pair were not together,” she said.

Despite throwing doubt on his ex-girlfriend’s alibi, the Italian said he had “always believed, and still believe, that Amanda Marie Knox is innocent.”

Hannah Roberts Daily Mail

Knox and Sollecito have always maintained that they were together the evening of the brutal 2007 murder in Perugia, after which Miss Kercher, 21, was found half naked her throat slit in the cottage she shared with Knox.

But Sollecito’s lawyer Giulia Bongiorno said that ‘for the entire first part of the evening, they were not together. It’s this first part of the evening that’s new [to his defence]’.

Sollecito has pointed to phone records that show that Knox was away from his house for part of the evening.

In a dramatic change of legal tactics that he announced in a press conference in Rome he has now claimed there are “˜anomalies’ in Knox’s story.

Knox says that she received a text, while at Sollecito’s house, from her boss, telling her not to come to her job at a nightclub that night.

But phone records show that the text was received on the road between their houses, something that their retrial judges felt was key in their reconstruction of events. Sollecito’s phone and computer records show that he was at home that evening.

Sollecito said: “˜I have always believed in the innocence of Amanda. But I have to react to the accusations of the court and to the text message.

“˜Either the court has made their umpteenth mistake or she lied to me.’

He added: “˜I was in love with her and we had some very happy moments, but ultimately Amanda was a stranger.’

‘There are anomalies in her version of events. Against me there is nothing.’

The ‘fundamental basis’ for the conviction is Knox’s memo to police in which she says she was at the cottage when the murder took place, he said.

“˜I believe this was a hallucination, but if the court believes it is true then they have to accept that she did not say I was there. She gave me an alibi. “˜

It is not the first time Sollecito has expressed his doubts about the holes in Knox’s story.

In an interview with Italian television earlier this year, he said Knox had spent the night with him but went back to her place to shower, he said. When she returned, she was ‘very agitated,’ he said.

She told him that it looked like someone had broken in and that there was blood in the bathroom, Sollecito said. But rather than call the police, she showered and returned to his place something he finds odd. “˜Certainly I asked her questions,’ he said. ‘Why did you take a shower? Why did she spend so much time there?’

He didn’t get any real answers from her, he said.


3. Analysis: Bongiorno’s Claim About Knox’s Location When Texting

Giulia Bongiorno claimed yesterday that Amanda Knox replied to Patrick’s text while she was away from Sollecito’s house.

This is demonstrably untrue.

Mobile-phone-tower records show that Knox’s phone received Patrick’s incoming text telling her not to come to work when she was already somewhere on the route to his bar in Via Alessi. Knox apparently then turned around and went back to Sollecito’s house.

Mobile-phone-tower records show Knox texted back, responding to Patrick, from Sollecito’s house in Corso Garibaldi at 8:35.

They both claim this in their books - Sollecito himself claims it too.  Those books are pretty suspect throughout, but for once they both tell the same truth.

Some five minutes later, Knox and Ms Popovic met at Sollecito’s house so Knox was still there then. That is still three to four hours away from the best estimate of Meredith’s death.

So the time-period prior to 8:35 pm when Knox texted from Sollecito’s flat was the only time-period when there is hard proof that Knox and Sollecito were ever apart that night. In her unforced statements on 5-6 November Knox did claim she went out alone to see Patrick, but we have only her word she was alone.

Here is the narrative from Judge Massei’s 2009 report.

− 20:18:12: Amanda receives the SMS sent to her by Patrick Lumumba, which let her off from having to go to work at the “šLe Chic”› pub on the evening of 1 November. At the time of reception the phone connected to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3, whose signal does not reach Raffaele Sollecito’s house. The young woman was therefore far [i.e. absent] from Corso Garibaldi 30 when the SMS reached her, as she was walking in an area which was shown to be served by the Via dell’Aquila 5-Torre dell’Acquedotto sector 3 cell. This point of her route could correspond to Via U. Rocchi, to Piazza Cavallotti, to Piazza IV Novembre, bearing in mind that Lumumba’s pub is located in Via Alessi, and that Amanda Knox would have had to travel along the above-mentioned roads and the piazza in order to reach the pub

− 20.35.48 Amanda sent an SMS in reply to Patrick, at No. 338-7195723; the message was sent when the young woman’s mobile phone was in Corso Garibaldi 30 or in the immediate neighbourhood. The cell used, in fact, was that of Via Berardi sector 7.

Here is the narrative from Judge Nencini’s 2014 report.

At 20.18 and 12 seconds, Amanda Marie Knox received a text message sent to her by Patrick Lumumba, in which he informed her that it would not be necessary for her to go to the bar to carry out her usual work. At the time of receipt, Amanda Marie Knox’s handset connected via the sector 3 mast at Torre dell’Acquedotto, 5 dell’Aquila, as shown by phone records entered in evidence. This mast cannot be reached from the vicinity of 130 Via Garibaldi, the home of Raffaele Sollecito. According to the findings of the judicial police entered in evidence, this mast could be reached by anyone in Via Rocchi, piazza Cavallotti or piazza 4 Novembre, all locations in Perugia which are intermediate between 130 Via Garibaldi, the home of Raffaele Sollecito, and Via Alessi, where the “Le Chic” bar is located.

From this set of facts established in the case, Amanda Marie Knox’s claim, according to which she received Patrick Lumumba’s text message while she was at 130 Via Garibaldi, appears false. Given the mast connected to and the time, it is reasonable to assume that, when Amanda received the message, she had already left Raffaele Sollecito’s home and was on her way to the “Le Chic” bar. Presumably, she then turned around and went back.

Here, then, is the first crack in the account of the young woman who, in her narrative, claims never to have left the house at 130 Via Garibaldi from the moment of her entrance into the house in the afternoon of 1 November 2007, together with Raffaele Sollecito. There is oral evidence (the deposition of Popovic) and evidence obtained through phone records that, at around 18:00 on 1 November 2007, Amanda and Raffaele were at the home of the latter. Later, at precisely 20:35 and 48 seconds, when Amanda Marie Knox sent a text message to Patrick Lumumba, connecting to a mast serving 130 Via Garibaldi, both were once again [118]together at Raffaele Sollecito’s home. This fact is confirmed by Popovic, who went there to cancel that evening’s appointment with Raffaele. In fact, the witness reported that she had visited Raffaele’s home at around 20:40 in the evening.

In essence, it can be established with certainty that Amanda and Raffaele were apart, albeit for a limited period of time, on the evening of 1 November 2007, contrary to what is stated repeatedly in multiple statements made by Amanda Marie Knox.

It seems Bongiorno got it wrong about Knox, and Sollecito sat beside her happily nodding his okay.


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