Category: 31 Aviello hoax

Saturday, August 24, 2013

Desperate Ghirga Urges Amanda Knox To Show At Florence Appeal, But She’s Created More Problems

Posted by Peter Quennell

[Above: Knox’s legal team with mom back when; even then it looked like they could use some sleep]

Overview

Meeting in Seattle, Amanda Knox’S lawyer urges her to be at the Florence appeal, but his suggestion falls on deaf ears.

Here is a brief report from Italy.  Clearly her lead defense lawyer Ghirga (who normally handles only small-time crime) thinks the presence of Knox and her entourage coould humanize her and allow her to speak out and to guide him.

But Knox has really been burning her bridges to Italy big-time. Let us list some of the ways in which they are now foolishly dug in so deep.

Further Law-Breaking

Since the end of trial in 2009 Amanda Knox’s entourage and she herself appear to have broken law after law after law, issuing new smears, harassing the victim’s family, having her book taken to court in Bergamo.

In Florence, how does she talk about that?

Evidence Could Strengthen

The evidence in the case as presented at trial in 2009 remains rock solid to this day (the Massei outcome is the state of play) and if the large knife is retested, it could actually get way worse. Hundreds of open questions remain which Knox has strenuously avoided answering, either on the stand or in her book or on TV. 

In Florence, how does she talk about that?

Calunnias Of Justice Officials

Every instance where Amanda Knox and any of her entourage alleged without hard proof that Italian police and prosecutors have committed crimes (and there have been literally hundreds of such accusations by Preston, Fischer, on and on, now all captured and preserved) could see any or all of them hauled into court with zero heads-up (ask Sforza).

In Florence, how does she talk about that?

Framing Of Dr Mignini

In 2011 Knox was sentenced to three years (served) for the crime of framing Patrick Lumumba. So what does this slow learner do? Turn right around and commit the SAME crime in her nasty book, only this time she makes it worse. This time, she frames the chief prosecutor, in describing in detail a highly illegal interrogation that never took place.

In Florence, how does she talk about that?

Threat Of Conspiracists

There are perhaps 40 felony allegations against police and prosecution in Sollecito’s blood-money book and maybe another 20 in Knox’s own. Each of them will be put on trial separately for those claims and either one of them or both in desperation could take down all the writers, all the agents, all the publishers, all the wild-eyed conspiracists who helped write the books, and all those who made the illegal multi-million dollar deals, including their own two dads.

In Florence, how does she talk about that?

Threat Of Frank Sforza On Trial

The contempt of court trial of Frank Sforza is about to start. He is desperate to stay out of jail, and all of his alleged felonies since 2008 in contempt of the court could put him there for up to ten years. Consider the list of precisely who in Italy and the US Frank Sforza might take down, to try to give himself something of a break. This list is nothing if not long (see next post).

In Florence, how does she talk about that?

Threat Of Hellmann And Aviello

Witness Luciano Aviello is now on trial and as this post explained Aviello could take down all of the defense lawyers (for illegal dealing over the “right” judge), all of the Sollecitos, if they offered bribes, and both of the judges, Hellmann and Zanetti, who presided over the annulled appeal.

In Florence, how does she talk about that?

Conclusion

Nobody with any sense flouts the Supreme Court, or the extremely important, powerful court in Florence, which has sent down some of the toughest perps in the land.

Both courts and both prosecution teams are well-know in Italy for being cold and relentless in their search for the truth. None of the four lead lawyers for Sollecito and Knox has ever won even one case either in Florence or before the Supreme Court.

This might well be a trial balloon, to see how the Florence prosecutors and courts react. An arrest warrant, maybe? As we have seen lately, they act fast, and suddenly at any time.

Monday, April 01, 2013

Alarm Bells Ignored: Overconfident PR And Lawyers May Have Led To That Shock At Cassation Outcome

Posted by Our Main Posters

Amanda Knox has seemed to us more stunned than confident since she got out of Capanne. Her father mentioned that she was not given the whole picture there.

But we have been surprised in recent weeks at how the defense lawyers and spokesmen and especially Raffaele Sollecito and Giulia Bongoirno and Carlo Dalla Vedova and the PR flunkies were seemingly seeing the Supreme Court appeal as a forgone conclusion in their favor, a blip requiring no change in the end game.

Here are 20 warning bells that we think they might have missed or heard wrongly which contributed to a shocked and ill-prepared reaction to the Cassation ruling, and each of which a team of hard-nosed lawyers not befuddled by PR might have heard and responded to quite differently. 

1. The Italian media in 2007-2008 in fact did not blow the case and Knox herself out of all proportion. Most of the lurid headlines appeared in the UK press where they had zero effect on the 2009 jury. There really was a hard case to answer.

2. The British and American media mostly came to be manipulated on the lines Barbie Nadeau’s book described, which meant a big contrast opened up between hard Italian reporting and fantastical UK and US reporting.

3. The Knox and Sollecito teams shrugged off a short-form trial in October 2008 at which point they might have pleaded that Meredith’s murder was not intended and drugs and mental quirks had resulted in a terrible but unintended outcome, perhaps providing relief both for themselves and Meredith’s family. 

4. The prosecution part of the trial in 2009 was in fact, contrary to frequent illusory claims, fast and comprehensive and decisive, and it may have been at the end of that phase that the jury was already ready to vote guilty. 

5. The defense part of the trial was far less successful with Amanda Knox on the stand suggesting to Italians that she was cold-blooded and uncaring, and from then on the defenses were desultory and dispirited with no strong points ever landed. Several days one or other of them failed to show.

6. The prosecution summation at end of trial was extremely powerful and included in it was a very convincing 15-minute crime-scene recreation video (never released to the public) which accounted for all the marks and stains in Meredith’s room and on her body by an attack group of three.

7. The Massei report, again contrary to frequent illusory claims later, was considered by those familiar with such reports a model of good logic and reasonable assumptions. It laid out and connected hundreds of evidence points which in a normal appeal process would have been unassailable.

8. The 2011 appeal did not happen because Massei was riddled with legal errors and wrong assumptions, which would have been the criteria for any British or American judge to agree to such an appeal. It happened solely because, unique to Italy, such appeals are automatic if demanded, resulting in a huge number of appeals on weak grounds. 

9. Italy does not have a terrible record of trial reversals as some claim. It has a record of fine-tuning and adjustments of thousands of appeals by appeal juries seemingly wishing to prove that they are being diligent. Cassation is aware of this quirky systemic effect, and it often bounces back appeal outcomes to dead center. 

10. It had appeared that the PR effort was joined by a lot of influential “heavies” including MP Girlanda, Judge Heavey, Senator Cantwell, Joel Simon of CPJ, and the billionaire Donald Trump. Most had limited positive effect in the US and less in Italy, and have been quiet since the Cassation ruling.

11. Judge Hellmann was a surprise replacement for Judge Chiari, then the able and experienced head of the criminal division. (He resigned over this.) Judge Hellmann, a good civil judge, had very limited criminal-case experience. Chief Judge De Nunzio has not explained why he replaced Chiari .

12. The scope of appeals is carefully laid out in the Italian judicial code, and they are not to be repeat trials with overall reconsideration of all evidence and al witnesses only absent the careful presentation process and cross-examination at trial. In the US or UK the defense grounds for appeal might simply have been rejected. 

13. Prosecutor Mignini was provisionally convicted in March 2011 of abuse of office, but careful examination would have revealed that the grounds were spurious and he had no need of a conviction in this case. Cassation in the past month has killed his own case terminally and chastized those who brought it. 

14. Incriminating DNA was found in Meredith’s room and also outside it in many locations, and also on a knife in Sollecito’s apartment. DNA consultants were “illegally” appointed who muddied the waters but decisively disproved none of it. 

15. The Supreme Court is on record as deciding that three perpetrators attacked Meredith. The defenses never set out to prove Guede was a lone wolf attacker, for a long list of reasons, and they failed to prove that jailhouse witnesses Alessi and Aviello had pointed out credible alternatives.

16. The Hellmann-Zanetti report surprised a majority of Italian lawyers who read it for its passion and broad scope and tendentious logic, and for misunderstanding certain key legal concepts. Some instantly saw it as having feet of clay, and a pretty sure candidate for reversal.

17. The significance of Chief Prosecutor Dr Galati in the process seemed seriously discounted.  UK and US media mostly ignored his appointment and where he came from, which was in fact Cassation in Rome where he was a highly effective Deputy Chief Prosecutor.

18. The Galati appeal itself was extremely competent and hard line and targeted the Hellmann appeal outcome in several levels or layers in a total of ten points. It is one of the toughest and most sweeping appeals ever filed in Italy, and in the US or UK alarm bells really would have gone off at this one. 

19.  Sollecito’s book was seemingly okayed by his lawyers, although it causes them major complications in three respects: it introduces new “facts” which contradict his own defense; it derides Italian officials and accuses them of crimes; and it looks like a seedy attempt to make money out of a crime for which the writer is still on trial.

20. While Sollecito had been acting happily oblivious and super-confident in recent months, he has added to Amanda Knox’s own problems by semi selling her out in his book, and by waking the new 800 pound gorilla of contempt of court prosecutions for not respecting the judicial process.

It may not surprise you to learn that Giulia Bongiorno has not had a very winning record at Cassation, and as far as we know the other lawyers have no experience of winning there at all.

Monday, February 18, 2013

Raffaele Sollecito Now Under Formal Investigation For New Crimes Apparently Unprecedented

Posted by Our Main Posters

Breaking news. The Chief Prosecutor for Tuscany Dr Quattrocchi (above and below) has taken this investigation of Sollecito behind the scenes. Dr Quattrocchi is actually under no compulsion to make any of the Perugia and Rome complaints public before his investigation is complete. He has ordered all documents removed from the public domain. This is specifically to give the defense and their PR no advantage, and to make sure those others in Perugia who are going to complain about being defamed do so without harm.

Overview

This is a contempt of court case as court officials have been impugned. This is Wikipedia’s definition of “contempt of court” under US and UK common law.

Contempt of court is a court order which in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court’s authority.

Often referred to simply as “contempt,” such as a person “held in contempt,” it is the judge’s strongest power to impose sanctions for acts which disrupt the court’s normal process.

A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behaviour, or publication of material deemed likely to jeopardize a fair trial.

A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court.

We may now find out much more about the equivalent under Italian law.

When Raffaele Sollecito and Amanda Knox were released at the end of 2011, the prosecution filed a Supreme Court appeal within the allotted period. This automatically meant that Sollecito and Knox still stood accused of crimes until the Supreme Court finally signs off.

Typically Italian defendants in such a legal status get good legal advice, on the lines of “Shut up and keep your heads down. We need to be the only ones doing the talking here.” 

Here such advice may or may not have been forthcoming, but the public record strongly suggests it was not. In fact Sollecios entire legal team is credited by both himelf and his shadow writer Andrew Gumbel with helping. This is what Gumbel wrote in his Acknowledgments:

Donatella Donati in Luca Maori’s office gave up many hours to make the official documentation available and to present it all in a cogent order. She’s a largely unsung hero in this story and deserves recognition for her extraordinary efforts on Raffaele’s behalf. Giulia Bongiorno, Luca Maori, and Tiziano Tedeschi answered questions and made comments on parts of the manuscript.

In the same Acknowledgments Sollecito credits the following.

I was lucky to have a crack legal team who showed their devotion to the truth and, in some cases, did not even request payment. The team of lawyers and consultants included Adriano Tagliabracci, Francesco Vinci, Bruno Pellero, Francesco Introna, Giulia Bongiorno, Maurizio Parisi, Daniela Rocchi, Luca Maori, Donatella Donati, Marco Brusco, Aldo Poggioni, Delfo Berretti, Tiziano Tedeschi, and Antonio D’Ambrosio.

Interestingly, Luca Maori has already left Sollecio’s legal team, and all eyes are now on Giulia Bongiorno. Buy plenty of popcorn. Lawsuits could fly between lawyers and family. 

Since the end of 2011 Curt Knox’s forces seem to have have gone full steam ahead with their own vilifications of the Italian prosecutors, police, judges, and witnesses - in fact almost anyone who had any role in 2009 in finding them guilty, or came to believe that was a fair finding. Ourselves included.

In late 2012 Curt Knox apparently invited all the most fervent of these attackers to Seattle, including Frank Sforza and Bruce Fischer, as some sort of reward for their legally very ill-advised campaign. Buy plenty more popcorn. Lawsuits could fly here as well. 

Raffele Sollecito’s forces in Italy had been a lot more restrained.

But at a stroke, the shrillness of Raffaele Sollecito leapfrogged that of Amanda Knox’s forces, with the publication of his book Honor Bound by Simon and Schuster in English in the UK and US last September,

INSTANTLY the book became notorious in Italy, because excerpts were read out by an Italian reporter in New York on the national television show Porta a Porta. Raffele Sollecito’s father Francesco was on that show, and he was increasingly forced to admit a key claim in the book was invented. It simply never happened. His son made it up.

The false claim by his son that Francesco was made to repudiate - it reappears over many pages - concerned a claimed deal engineered by his family and offered by the prosecution to Sollecito.

The deal he claimed was to roll over on Amanda Knox, and if Sollecito did so, he would be home free.

Following the Porta a Porta show, the book (obtainable on UK Amazon, where many false claims are repeated in the reviews) began to make its rounds in Italy. It took some time before many official parties accused of crimes by Sollecito obtained copies and started to explore their own legal possibilities. They are apparently still far from finished.

At the end of last week, the Chief Prosecutor for Tuscany Giuseppe Quattrocchi received the first official request from Perugia, which is to investigate 12 very serious claims in the book against the prosecution and the legal institutions of Italy. The complaint nominates a number of witnesses.

The Prosecution office of Florence now has a maximum of six months to investigate whether there is a case against Sollecito and other named parties. If so, they will steer it through the hoops of the Italian process.

The potential ripple effects of this appear to us to stretch on and on. They could come to engulf both legal teams (credited in the book with helping) and all of the PR for both defendants. Sollecito’s publisher and shadow writer are specifically named in the complaint

If Amanda Knox is not let off the hook by the Italian Supreme Court late in March (the outcome we consider most likely, given the great strength of the appeal) the smart way for Knox to go in light of this could be to junk all her websites, her book, and her interviews, and throw her supporters under the bus. Plus maybe get smarter lawyers - the aggressive and inexperienced Dalla Vedova does her no favors.

Keeping Amanda Knox’s head out of this deadly new line of fire may be very late - but maybe better late than never.

Wednesday, December 12, 2012

Simon & Schuster Seem To Be Seriously Rattled Over Lack Of Due Diligence On Sollecito’s Book

Posted by Peter Quennell

See this emailed exchange which took place late today.

What Simon & Schuster’s agent is complaining about was a chronological reordering (behind the scenes and not linked to from the front page) of these many corrections here. Our Kindle and hardcover copies were legally purchased. Simon & Schuster put about 1/4 of the book on the front of their own website, and Google Books also carries about 1/4 of the book to read free.

Admittedly, our corrections may have been quite a shock. However, we didnt cause the book sales to tank. All of our past posts on Raffaele Sollecito’s book can be seen here.


*******


Mr Eraj Siddiqui
119 South B Street Suite A,
San Mateo, CA 94401

Dear Mr Siddiqui

Thank you for your “Verified DMCA Removal Request from Attributor” copied below.

The book you refer to appears to contain up to 30 instances of criminal defamation under Italian law and literally hundreds of wrong and injurious statements that are hurtful to many fine officials in Italy.

We have full legal rights to point out the myriad mistakes in the book. In fact a defamation of a prosecutor in the book has ALREADY been admitted on Italian national TV by the writer’s own father in Rome.

That Simon & Schuster apparently failed to do their legal and factual due diligence on the book prior to publishing seems to us to be absolutely nobody’s fault but their own. They are hardly new at this game.

Nice try, but sorry, no cigar.

Peter Quennell


*******


Dear Sir/Madam,

I certify under penalty of perjury, that I am an agent authorized to act on behalf of the Rights Holder identified below, the owner of certain intellectual property rights in the Work(s) identified below.

I have a good faith belief that the information contained in this notice is accurate, and that the page or material listed below is not authorized by the Rights Owner, its agents, or the law for use by the individual(s) associated with the identified page listed below or their agents.

To the extent that the Digital Millennium Copyright Act, the European Union’s Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society (2001/29/EC), and/or other laws and regulations relevant in European Union member states or other jurisdictions apply to your service, if at all, I HEREBY DEMAND THAT YOU ACT EXPEDITIOUSLY TO REMOVE OR DISABLE ACCESS TO THE PAGE(S) OR MATERIAL(S) at the Infringing URL(s) identified below.

Note that in some cases the pages/material may have been removed after the sending of this notice but prior to your review.

My contact information is as follows:

Organization name: Attributor Corporation as agent for Simon & Schuster Inc.
Email: .(JavaScript must be enabled to view this email address)
Phone: 650.306.9474
Mailing address:
119 South B Street
Suite A,
San Mateo, CA 94401

Nothing contained in this letter or in any attachments constitutes a waiver or relinquishment of any right or remedy possessed by the Rights Holder, or any affiliated party, all of which are expressly reserved.

My electronic signature follows:
Sincerely,
/Eraj Siddiqui/
Eraj Siddiqui
Attributor, Inc.

*** INFRINGING PAGE OR MATERIAL ***

Infringing page/material that I demand be disabled or removed in consideration of the above:

Rights Holder: Simon & Schuster

Original Work: Honor Bound
Infringing URL: https://truejustice.org/ee/index.php?/tjmksollecitosbook/P0/
Infringing URL: https://truejustice.org/ee/index.php?/tjmksollecitosbook/P5/
Infringing URL: https://truejustice.org/ee/index.php?/tjmksollecitosbook/P10/

Saturday, October 20, 2012

Exploding Nightmare For Lawyers Of The Defense: Torrent of “Mistakes” In Sollecito’s Hapless Book

Posted by Sara

More and more and more wrong facts and libels are being turned up in Sollecito’s pathetic book, both by us here and by an irritated officialdom in Rome and Perugia.

Amanda Knox is rumored to perhaps be mentally unstable and figuratively locked in the attic in Seattle. Now Sollecito seems to have been disappeared back in Italy for his own good as well.

Sollecito’s own lawyers (who have in the past threatened to walk) and his own family have already thrown him to the wolves on Italian TV over just one highly libelous claim and there are an estimated two dozen more still to surface.

Not really a good idea to write a shrill “I’m the real victim here” book unchaperoned, when you have the smug mentality of a 12-year-old. The facts strongly against you. A very bright prosecutor. And a ghost writer whose slobbering over a laughably fictional Sollecito suggests he has a something of a boy-crush.

Raffaele Sollecito has made many stupid claims in his book, but perhaps none is so obvious and more idiotic than his claims about the “lost” emails.

What is it with this guy and the emails? He seems to think (or perhaps, thinks that the readers are stupid enough to believe) that if a computer or a hard drive is destroyed, all the emails in it are lost as well. Come on already, surely they taught him the mechanisms of email in his computer classes.

Look at his statements regarding emails. In chapter 2 (Love and Death) of his book, he describes the morning after the murder -

I’d been up several times in the night””listening to music, answering e-mail, making love””and wanted only to go back to sleep

Right, so he got up many times in the night to answer e-mails. You’d think that this would be his biggest alibi for the night of the murder, right? No, wrong. Raffaele could not prove his alibi because, in his own words -

I did not yet know that the Polizia Postale””supposedly experts in handling technology issues””had seized two of my computers along with Amanda’s and Meredith’s and somehow wrecked three of the four hard disks while trying to decipher them. The bottom line was that the damaged disks were now deemed unreadable. That left just my MacBook Pro to provide an alibi for the night of the murder.

But modern emails DON"T EVEN RESIDE on local hard drives unless one DELIBERATELY downloads them. And even if one does (and hardly anyone ever does) there rarely is reason to completely delete the original, and here there seems about zero reason to do that.

And even if the original IS deleted Facebook and email services have shown under legal pressure that they maintain complete backups going back many months. No way Sollecito’s supposed emails on the night could have been made to simply no longer exist.

Again, when he talks about Amanda and Meredith’s friendship, he says -

If either Meredith’s or Amanda’s computer had survived the police examination, there might have been photographs, emails, and other evidence to point to a more meaningful interaction

Here we go with the elusive emails again. Will someone explain the point of email to this guy? What difference would the local computers surviving or not surviving make to any emails residing on his host’s servers?

He actually has the nerve to criticize the Polizia Postale’s technical competence after making a statement to the effect that he and Amanda could not retrieve their emails as the hard disks were damaged.

Whether the hard disks were destroyed or not, whether it was the Polizia Postale’s fault or not is hardly important here. Admittedly, Amanda is not a “technical genius” (After all, she does not know how to delete messages from her sent items).

But what is stopping this resident technical genius from simply accessing his email box from some other computer or iphone, and printing out a copy from his sent items? Why doesn’t he ask even one of the happy recipients of his emails - by the way, who were they? - to forward it back to him?

Did all of them delete his mails from their in boxes and trash too? Even if we defy all logic and accept that they did, what’s stopping at least one of them from coming forward and testifying that they received a mail from him that night? Did all of them get selective amnesia at the same time too?

Similarly, if any emails that proved the “close friendship” between Amanda and Meredith existed wouldn’t they still be retrievable from Amanda’s mailbox? She could have printed a copy any time. Did she go around deleting all of Meredith’s mails the minute they arrived as well as her own replies to them, and clearing her trash box and all her host’s backups as well, just to be doubly sure they can’t be retrieved?.

Ok, let’s say the emails were deleted. What about the photographs? If there had been any photographs that would establish their “close” friendship, wouldn’t they be there on the camera or phone from which they were taken? Or wouldn’t either Meredith or Amanda have sent them to someone or posted them on their Facebook?

How did EVERYTHING vanish without a trace? If neither of them ever sent the photos to anyone or posted them online anywhere, or even kept them on file, you really have to wonder what was the point of taking them at all.

No one is claiming that Amanda and Meredith were at loggerheads all the time, they might even have gotten along initially. Meredith was not a person who judged people harshly. By all accounts, she did try her best to get along with Amanda, trying to include her in outings and defending her when she got into trouble.

It was Amanda who pulled away saying she wanted to socialize only with Italians. But the fact is that there were clashes and there were differences between them.  Trying to make out that they were the best of friends by claiming the destruction of non-existent proofs is not only unbelievable but also utterly stupid.

Like our main poster Hopeful summarized it: this claimed computer genius has never in four years been able to prove he sent an email? Ridiculous.

Friday, January 13, 2012

Umbria’s Chief Prosecutor Will Proceed Against Knox And Sollecito And Also Aviello

Posted by Peter Quennell

Above: Cassation. Image replaced till we are sure we have one of Dr Galati. See comment in thread below.]


Dr Giovanni Galati is the region of Umbria’s chief prosecutor. He was appointed by the Minister of Justice last year. Previously he was a high-profile and very successful Deputy Prosecutor General at the Supreme Court of Cassation in Rome.

The chief-prosecutor post in Umbria is a sign of great official confidence in Dr Galati. His office in Perugia is one of the best staffed and most formidable of that of any of Italy’s 20 regions. The principle reason for this is that the Perugia office serves as a national surrogate for Rome prosecutors where national political cases are concerned.

His office has been investigating corruption in construction related to the Winter Olympics in 2006 and the severe earthquake in 2010. Parliamentarians in the party of former Prime Minister Berlusconi (which is also the party of Sollecito defense counsel Gulia Bongiorno and Amanda Knox acolyte Rocco Girlanda) are among those now being investigated. Several or some MPs could end up in prison and the parliamentary party severely damaged..

Mr Berluconi’s party is no longer the lead party in the governing coalition in parliament, but it was the lead during the whole of the first-level Knox and Sollecito appeal in Perugia up to the surprise verdict from Judge Hellman. Berlusconi, Bongiorno and Girlanda seem to have all had good reasons to humiliate Giovanni Gelati and his team.

Now Dr Galati gets to fight back.

Reporting items of breaking news on Meredith’s case on her excellent Twitter feed ( @andreavogt )  the Italy-based reporter Andrea Vogt has already reported that Dr Galati is preparing to proceed with a forceful Cassation appeal of the appeal verdict.

Andrea Vogt also reports that the defense super-witness and Mafia super-snitch Luciano Aviello will face a slander hearing in Perugia on 24 May. This may be a smart tit-for-tat move by Dr Galati as Judge Hellman did seem to have bent over backward in his report to ridicule all the prosecution witnesses - most of whom he never even set eyes on.

It may also be a smart taunt directed at Giulia Bongiorno. On the witness stand during the appeal, Mr Aviello claimed that Ms Bongiorno had channeled suggestions to his prison of bribes from the Sollecito family for false testimony. She angrily said she would sue him - but so far she hasn’t launched a suit. 

Dr Galati is said to respect Mr Mignini, and to consider that his sliming and the sliming of the police investigators by the Knox forces has been way, way, way over the top.

During the appeal Dr Galati appeared twice in the courtroom to show solidarity with his prosecution colleagues. He addressed the court at the start of October on what he considered severe shortcomings in the DNA report written by Stefano Conti, Carla Vecchiotti and the peripatetic grandstander Greg Hampikian.

Our main poster Tiziano translated this from La Nazione.

The new Prosecutor General of Perugia, Giovanni Galati, spoke briefly in Court in support of his colleagues. He wished to “show his complete support of all the matters raised by his colleagues, in particular as far as the expert report is concerned.”

Seated next to the deputy Prosecutor General, Giancarlo Costagliola, Galati spoke before the Court affirming that it had seemed “his duty” to inform himself on the proceedings in court.  “I hope that the Court’s decision will be the fruit of a dignified confrontation of the parties.”

Referring to the expert report of the consultants named by the Court ... he spoke of “evident gaps” and “evaluations [which had been] not requested.”

Last month there was an official function involving Dr Galati and the mayor of Perugia and the chief judge of the Umbria appeal court to initiate Italy’s first online system to allow every interested party to track the progress of court cases and appeals and to obtain all the public documents.

It was not said at the time that one reason for such an open information system is to counter the massive misinformation put out by the Knox and Sollecito forces - but smart people in Italy are not slow to connect up the dots.

Dr Galati’s grounds for the appeal to the Supreme Court (where until recently as mentioned above he was a trusted main player) will be published by February 18th. He does know that court.

Monday, June 27, 2011

Rudy Guede For The First Time Sort Of Accuses Knox And Sollecito Face To Face

Posted by Our Main Posters

1. Potentially A Huge Day

Tension was really fraught. Everybody involved in the appeal and everybody watching in Italy knew this could be THE day.

Guede had recently lost his final Cassation appeal and in a very hard-line ruling Knox & Sollecito had also been associated with the crime.

He was at this appeal hearing as a prosecution witness, because he had written a letter to the prosecution heatedly denying the claims of a former cellmate, Alessi, that he had said Knox and Sollecito did not attack Meredith with him, another two had.

With seeming nothing to lose, Guede could both deny Alessi’s claim and definitively point the finger of blame at the pair, and thus all three would remain locked up for many years.

2. How The Day Actually Went

Despite a turbulent day in court this was not a shapeshifter event. The problem was that Guede was far too nervous to testify.

He is not normally nervous, but it is rumored that the name of Sollecito’s mafioso Uncle Rocco might have been been whispered in his ear.

So his prison letter was read out for him by the prosecution, and it did include this.

This splendid, marvelous girl was killed by Raffaele Sollecito and Amanda Knox.

Then Sollecito lawyer Bongiorno grew increasingly frustrated in attempting a cross-examination, and Guede ended up barely saying a word. The letter alone is rather diminished evidence.

3. Duncan Kennedy for The BBC

See this on the BBC website by Duncan Kennedy.

Amanda Knox and her ex-boyfriend did kill Meredith Kercher, a man who was also convicted of the 21-year-old’s murder has told an appeal court.

After Rudy Guede confirmed he believed the US student killed her British housemate, Knox jumped to her feet saying she was “shocked and anguished”.

The hearing in Perugia is the first time that all three defendants have given evidence on the same day.

Knox, 23, and Raffaele Sollecito, 26, are appealing their convictions.
Child killer

Miss Kercher, of Coulsdon, Surrey, was found with her throat cut at her Perugia flat after what prosecutors claimed was a sex game taken to the extreme.

Knox is serving a 26-year sentence for Miss Kercher’s murder while her Italian co-defendant and ex-boyfriend, Sollecito, was sentenced to 25 years.

Guede told the court that claims by a fellow prison inmate that he thought Knox and Sollecito were innocent were not true. He said he never made that claim to the inmate.

On 18 June, convicted child killer Mario Alessi told the appeal Guede had confided that Knox and Sollecito were innocent.

According to Alessi, Guede said he and a friend went to the house Miss Kercher shared with Knox with the intent of having sex with Miss Kercher and that when she refused, the scene turned violent and his unnamed accomplice slit her throat.

Drug-dealer Guede was jailed for 30 years for the sexual assault and murder of Miss Kercher after a separate fast-track trial. His sentence was reduced to 16 years on appeal.

Guede was in the witness stand as a letter he had written in response to Alessi’s claims was read to the court on Monday.

“This splendid, marvellous girl was killed by Raffaele Sollecito and Amanda Knox,” the letter said.

Guede has previously admitted being in the house at the time of the murder, but denies involvement in Miss Kercher’s death.

After cross-examination by the defence, Guede said he had always believed Sollecito and Knox were behind the murder.

“I’ve always said who was there in that house on that cursed night,” he told the court.

Knox stood up after Guede’s evidence and denied his claims.

“The only time that Rudy Guede, Raffaele and I were in the same space has been in court. I’m shocked and anguished.

“He knows we weren’t there and have nothing to do with it,” she said.

Sollecito said Guede was always talking “about a shadow that could be me and a voice that could be Amanda’s… we’ve been fighting shadows for four years. Our lives have been destroyed in a subtle and absurd way.”

Speaking before Monday’s hearing, Knox’s mother Edda Mellas told reporters she hoped that Guede would have the “integrity to stand up and tell the truth”.

She said her daughter was “always very anxious and nervous but I think she’s glad things are moving along. She feels things are going well,” but that it is, “hard to get too hopeful, especially after the first trial.”

Two other witnesses were called to counter claims made by another defence witness, a member of the Mafia named Luciano Aviello, who had told the court earlier this month that his brother - who is on the run - had killed Miss Kercher during a botched burglary.

The two witnesses - two inmates at the same prison as Aviello - testified that Aviello had said he had been contacted by Sollecito’s defence team to stir up confusion in the trial in exchange for money.

Witness Alexander Ilicet said Aviello had wanted the money for a sex-change operation.

4. Andrea Vogt For The Seattle PI

See this in the report in the Seattle PI by Andrea Vogt.

As if the appeal wasn’t bizarre enough, two convicts were called by the prosecution as counter witnesses Monday to contradict several inmates called by the defense earlier this month.

They maintained they had overheard in prison conversations about a plot among other inmates to testify in exchange for money and benefits, such as reduced prison time.

The person they heard was arranging things, they said, was Sollecito’s attorney, Giulia Bongiorno, who heads up Italy’s parliamentary justice committee.

She forcefully denied the corruption accusations in the break afterwards and vowed to file charges and take legal action against her accusers.

One claim by the inmates was that Bongiorno offered a sex change operation to Luciano Aviello. It would be helpful if some of this if it exists emerged on tape. What possible reason would they have to lie?

5. And So To The Bottom Line

Along with Judge Hellman’s increasingly evident bias, and the smoke being blown over the DNA, and the Sollecitos and Bongiorno not (at least not yet) investigated by the judge for alleged witness bribes, not to mention Uncle Rocco’s power to alarm even by whispered mention of his name, the Knox and Sollecito defenses are down, but not yet for the count.

6. And A Footnote On The Kabuki Dance

This for the first time on Guede’s side (but not on Knox’s or Sollecito’s side) crosses a public boundary between the three.

The Italian lawyer Cesare Beccaria explained it thus..

Saturday, June 25, 2011

Giulia Bongiorno’s Next Super-Witness: The Apple Of Her Witness Luciano Aviello’s Eye?

Posted by Peter Quennell

1. Anti-Aviello Testimony

This above is former Italian politician Vladimir Luxuria who, despite appearances, is fully male.

Testifying for the prosecution today, several rather convincing fellow-inmates have now contradicted defense witness Luciano Aviello’s 18 June testimony that his brother and one other had murdered Meredith.

Here is their claim. Defense counsel Dalla Vedova’s and Bongiorno’s “super witness” Luciano Aviello had told his fellow inmates that he wanted a sex change operation so he could end up looking like Luxuria.

This operation was to be paid for with money he claimed Bongiorno was offering for his false testimony to help RS and AK.

Giulia Bongiorno ended up outraged, and threatening lawsuits at this testimony, which she claimed was false (the paying of the money bit).

We are told an investigation will be started which may affect whether Bongiorno can stay on the Sollecito team.

[Added: yes, a month later we were told an investigation was under way.]

2. Bongiorno’s Other Problems

Above, a juror is grinning at Giulia Bongiorno’s frustration while Rudy Guede stonewalls her.

At various points in the trial and appeal she has dropped the ball in spectacularly goofy ways.

Bongiorno disappeared from the trial court late in 2009 for weeks with no explanation. She next appeared with a baby in her arms. 

This morning she was sputtering to Judge Hellman that she only found out today about Rudy Guede’s letter - the letter reproduced in full in in this post which we translated into in English a full year ago.

She tried to have it excluded.

Here is another of Bongiorno’s sundry public disasters. She had claimed that an ex-burglar would climb into Filomena’s bedroom - but he never made it above eye-level with the window-sill.

In fact in three and a half years NO climber has ever made it through that window, though one or two did break in the far more logical way - via the hard-to-see and easy-to-climb rear balcony.

We do look forward to Giulia’s suit against the inmates. She has promised such suits often before.

Perhaps they will all arrive in a bunch?

Sunday, June 19, 2011

Current Court Reporting: Seattle Post Intelligencer Still Posts The Best, Least Bias, Most Detail

Posted by Peter Quennell

[Above: Seattle waterfront just north of downtown - Seattle PI building is at front center with globe]

Witness Andrea Vogt’s excellent report on the proceedings today in Appeal Court.

1). On the assorted criminals testifying today. 

The dramatic day of testimony, requested by the defense, brought together a gang of criminals of whom Hollywood scriptwriters could only dream, including a convicted rapist and childkiller, a mafia snitch and other hardened long-timers with little to lose.

Their riveting testimony (complete rubbish or explosive and key new revelations, depending on your point of view) led jurors down some of Italy’s darkest alleys, from the desperate gangster neighborhoods of Naples to the powerful masonic lodges of Umbria and tough Italian prison wards with their own code of honor….

Only one of the five had no connection to Sicily or Naples and that was a Romanian who claimed on the stand that his signature had been forged on a document presented by the defense and that he knew nothing about anything….

2) On the testimony of Mario Alessi

Alessi took the stand around noon, after a sharp drop in his blood pressure required a nurse’s attentions (the stress of testifying had caused him to lose 15 pounds over he last 10 days, his lawyer told seattlepi.com). Alessi said he earned Guede’s trust while they were incarcerated together.

One day, Guede took him by the arm and led him to a corner of the prison yard where they would be out of view of closed-circuit cameras, he said. Then, Guede told him that the real truth was that a drunkard who had gone to Kercher’s flat with Guede from the disco had sexually assaulted her and then killed her to avoid “rotting in prison” for the rape….

Toward the end of Alessi’s story, the lawyer for Meredith Kercher’s family, Francesco Maresca, branded him a repeat liar. Maresca held up a photo of “Tommy,” whose high-profile disappearance and slaying in 2006 shocked Italy….  In response to the photo of Tommy, Alessi said no, he didn’t recognize the boy, to which Maresca said, “That’s OK, we do.”

3) On the testimony of Luciano Aviello:

But on the night of Kercher’s murder, Nov. 1, 2007, Aviello testified, his brother came home with a ripped, bloodied jacket and was covered in scratches on his arms. He eventually said he had stabbed a young woman after surprising her during a break-in to steal a painting, Aviello said…

The brothers had then hidden the murder weapon and keys to the house in a nearby wall and covered the hole with mortar. “Go and see for yourselves. Verify it! You’ll find I am telling the truth,” said Aviello. “Amanda Knox and Raffaele Sollecito are innocent.”  Police and prosecutors have never publicly confirmed that such a search was done. Aviello’s brother’s whereabouts are unknown.

When prosecutors asked him about his connection to Alessi and the other cons, Aviello took offense, saying he had nothing to do with those “pedophiles and rapists,” but was rather just an “honest” gangster from Naples doing time for routine organized crime.

Toward the end, Aviello’s testimony grew increasingly aggressive toward prosecutors and police with whom he had collaborated. At one point guards held his shoulders as he yelled accusations through the gap where two front teeth should be. “You are a klan, not the judiciary!” he yelled.

4) And on the prosecution’s many new rebuttal witnesses.

... the court agreed to call a number of counter-witnesses requested by the prosecution, including two more prisoners and two police officials. The court also agreed to hear Giacomo Benedetti, the friend of Rudy’s whose Skype conversation with Guede while Guede was on the lam in Germany led to his arrest, as well as Guede himself.

Saturday, June 18, 2011

Today’s Desperate Moves By The Defense Lawyers Seem To Have Backfired On The Two Defendants

Posted by willsavive

1. Court Order Of Business

Just as expected, five inmates testified to the Italian court that Amanda Knox and Raffaele Sollecito are innocent, to the best of their knowledge.

According to Barbie Nadeau (author of the Beast Book Angel Face) security was tight in Perugia today, as a string of blue prison vans pulled into the back parking lot of the central courthouse carrying some of Italy’s most notorious convicts.

2. The Testimony

1. Mario Alessi

First to the stand was Mario Alessi who is serving a life sentence in Italy for kidnapping and killing 17-month old, Tommaso Onofri, in 2006, was called by Sollecito’s defense team. Almost immediately after taking the stand, Alessi turned pale, became ill, and had to step down. After nearly an hour he finally returned to tell his story.

Alessi, who was being held in the same prison as Rudy Guede, testified that the Guede told him that Knox and Sollecito are innocent, speaking in prison conversations in November 2009, a month before the Knox and Sollecito were convicted.

Alessi said Guede approached him during recreation time at the Viterbo prison. “Rudy links arms with me, inviting me to take a walk with him, he has something important to tell me,” Alessi told the court. He quoted Guede as saying he was worried because “I don’t know whether to tell the truth or not,” and that the truth “is altogether different from what you hear on TV.”

Alessi then testified that Guede said he and a friend went over the house with the intent of having three-way sex with Meredith Kercher. When she refused, the scene turned violent. Alessi said Guede told him he had gone to the bathroom and upon coming back he had seen his friend holding Kercher to the ground.

Eventually, “a knife appeared, almost out of nowhere,” Alessi said, quoting Guede as saying that it was pointed at Kercher’s throat. Kercher began fighting, according to Alessi, and her throat slit got slit in the process. Guede tried to rescue her, Alessi said, but his friend stopped him.

Alessi testified (translation by Jools) that”¦

“Guede asked me what benefits he would get if he told the truth. He then said that he had met Meredith in a bar with some friends of his ““ one was called The Fat One. He said that one had got drunk and that he had followed Meredith home to see where she lived.

A few days later he said he and this drunk friend went back to the house to see Meredith. They asked her if she would like to have a threesome and she had told them to leave.

Rudy said he then went to the bathroom and that when he came back the scene was very different. He said that Meredith was on the floor, back down, and that his friend was holding her down by the arms.

He said that they swapped positions. Rudy then told me that he had put a small ivory handled knife to her throat and that it had cut her and his hands were full of blood. He said that his friend had said: “˜We need to finish her off or we will rot in jail.’”

Note: The bold statement above is a huge inconsistency, because, by all accounts (Knox as well as others who lived in the cottage), Guede already knew where Meredith was living - he had been to the cottage twice before that.

According to Alessi, Guede did not reveal the identity of his alleged accomplice.

Alessi said he and Guede had developed a friendship in prison but eventually Alessi broke it off as he realized that Guede “said two innocent people were in jail” but did nothing about it. Alessi then contacted the lawyers representing Sollecito. Of course, being the humanitarian that he is, Alessi claims that he tried to convince Guede to “tell the truth.”

Upon cross-examination, Kercher family lawyer Francesco Maresca held up a photo of the child Alessi murdered (Tommaso Onofri) and asked him, “Do you know who this is?” “No” Alessi replied, looking away. Italian media report that he also denied he is serving a life sentence.

Three more fellow Viterbo prison inmates were called to back up Alessi’s story, including police informant Marco Castelluccio, who took the stand behind a blue cover, guards around him. Castelluccio said he heard the story about Knox and Sollecito’s innocent mostly from Alessi. He said on one occasion, however, he heard Guede say from a separate cell that Knox and Sollecito were innocent.

2. Luciano Aviello

Another prison inmate Luciano Aviello [42] who has served 17 years in jail after being convicted of being a member of the Naples-based Camorra, testified today that his brother Antonio and his colleague had killed Meredith while attempting to steal a “valuable painting.”

Aviello said that the Albanian - who offered his brother “work” in the form of a robbery - had inadvertently jotted down the wrong address, and they instead went to the house where Kercher and Knox were living, and they were surprised by Meredith’s appearance. According to Aviello, his brother and the Albanian man then committed the murder and fled.

Aviello is from Naples, but was living in Perugia at the time of the murder. He claims that his brother, who is currently on the run, was staying with him in late 2007 and on the night of the murder he returned home with an injury to his right arm and his jacket covered in blood.

Flanked by two prison guards, Aviello described how his brother had entered the house Meredith shared with Knox and had been looking for the painting when they were disturbed by a woman “wearing a dressing gown.”

“My brother told me that he had put his hand to her mouth but she had struggled,“Aviello testified. “He said he got the knife and stabbed her before they had run off. He said he had also smashed a window to simulate a break in.“Aviello said his brother had hidden the knife, along with a set of keys his brother had used to enter the house. “Inside me I know that a miscarriage of justice has taken place,” he asserted.

Consequently, Aviello had been in the same jail as Sollecito and had told him: “I believe in your innocence.”

Knox’s lawyers, Carlo Dalla Vedova and Luciano Ghirga, visited Aviello in Ivrea prison near Turin back in May 2010 and videotaped his statement and included it in their appeal request.

Under cross examination from the prosecution it emerged that Aviello had also been convicted seven times of defamation to which he angrily replied: “That’s because all of you, the judiciary are a clan.”

As Aviello testified, Knox””dressed in an ankle length floral pattern white dress and blue top””listened intently, occasionally making notes or discussing points with her lawyer. 

3. A Comment

So many convicts, which one to believe, if any?

Rudy Guede will now get a chance to rebut all of the above at the next appeal hearing on 27 June. This may be the worst-case scenario that the pussyfooting Knox and Sollecito defenses tried to avoid for three years. Did Knox realize?

Oh yes, it’s true! Judge Hellman has ordered Guede’s testimony to counter that of Mario Alessi. Guede will be heard alongside two fellow-detainees and two Perugia officers. June is shaping up to be a real “scorcher” in this appeals trial.

Guede had refused to speak on the stand in the original trial of Knox and Sollecito, because his appeal was still ongoing. Now, with Guede’s final appeal completed with Italy’s Court of Cassation; a real surprise could be in store.

Cross-posted here from my own website Savive’s Corner.