Category: Knox-Marriott PR

Monday, March 25, 2013

Nailing Myths #1: In Fact 2009 Trial Was Decisive By US/UK Standards, Evidence Very Powerful Indeed

Posted by Our Main Posters

This first post in our new series is a collection of Powerpoint slides summarising the case against.

It was created by our lawyer James Raper with help from Kermit on the content and slides. Please load Powerpoint Viewer if not on your system, and click here for the show.

The Powerpoints consist of 150 slides, the outcome of many hours of work, and should open up in the viewer via most Internet connections in 30 to 60 seconds. 

As we continue to point out NOT ONE credible independent lawyer has ever destroyed this case, or come up with a scenario that lets Knox and Sollecito authentically off the hook.

See the header to this post?  MANY lawyers are making the comment that in the UK and US this trial would have been the end of the road.  No judge in the US or UK would have okayed any appeal. There were never the grounds.

Wednesday, February 06, 2013

Should The Knox Defense Point The Finger At An Angry Daddy?

Posted by Our Main Posters

1. State Of Judicial Process

Given a level playing field (a big if) it seems for now that Amanda Knox and Raffaele Sollecito are almost certainly going down for the final count.

There is not the slightest sign that their defense lawyers know how to contend with the Supreme Court appeal filed by Umbria’s chief prosecutor Dr Galati. One may have already walked (Maori) and the fact that the others don’t respond publicly to the Galati filing speaks volumes to Italian lawyers.

If the first appeal (called in Italy the second level) is rerun in whole or in part, Sollecito and Knox could see Judge Massei’s “mitigating factors” annulled and find themselves each facing 30 years inside or even life.

The whole thrust of Sollecito’s ill-timed book (subtitle “how to shoot oneself in both feet”) is that he deserves to serve less time than Amanda Knox (who he “nobly saved”) and preferably to serve no time at all.

2. Sliding Scales Of Discussions

Many bright people follow the case. We have many lawyers and crime experts and even judges read here. Many took a long time to settle on a “guilt” point of view and approached it very professionally (reflected in many of the posts written by professionals here). This is contrary to the klutzy, amateurish FOA campaign and their inaccurate rants about “haters”.

There are various great sliding scales or continuums in considering all aspects of this case. A lot of what we talk about on PMF and TJMK is where, precisely, we should all come down on each of these various scales at the end of the day. Especially of course how the judges in Rome and Perugia should calibrate them.

Via Dr Galati’s appeal and especially Sollecito’s book, we now have a new one. If reconvicted, should Sollecito and Knox serve equal time? Or should one or other serve more? Let us approach this by considering first some of the most-discussed of the sliding scales.

1) Was Knox a good friend of Meredith or increasingly a pariah?

Many here incline strongly to pariah.

Knox has an obvious tin ear and sharp elbows, was doing little study in Perugia, was making life hell for all her flatmates, was bringing noisy threatening lowlife men home (the other three virtually never brought men home), was disturbing Meredith’s studies, was hitting on patrons in Patrick’s bar, and was definitely into drugs to the extent that she might already have become an addict.

2) Pre-meditated murder or a hazing or spontaneous spiral initiated by Guede?

At least some here incline to the view espoused by some psychologists that Knox and Sollecito were probably both at minimum fantasizing violence, Knox against Meredith, and Sollecito long-term generically.

Knox had become threatened by Meredith in several different ways: Meredith was prettier, was much funnier, had won the best available boy, was brighter, had a tougher study regime, was more directed and ambitious, and had left Knox in the dust on all fronts. Hints that Meredith was about to get Knox’s job at Patrick’s bar could have been the last straw.

To most here, Knox has always seemed the initiator and the leader in the rage against Meredith, and the other two were possibly drawn in by group dynamics.

Judge Micheli certainly believed this. Judge Massei might have done, and his pointing at Guede (espoused in spades by Hellmann and Zanetti) and Massei’s “mitigating factors” both seemed “humane” stretches to give them a few years off - stretches which Chief Prosecutor Galati in his appeal and the Supreme Court in their finding on Guede have already both rejected.

3) Isolated crime/unique family or does American society incline this way?

Statistics show that society here in the US is separated out between super-rich and the other 99% more than at any time in the past 80 years and although productivity has been going up amazingly, all fruits of growth have gone to those super-rich. Many of them have a mindset that basically tells them they made it on their own, and government roles in their success and that of their creative hard-working employees dont matter a damn.

The situation and the anger in the US has been worsening, and absence of true growth for most people also have European and Japanese societies in disarray

In the US one can see heightened levels of anger in the losers of the Superbowl, in the renewed buying of guns, in conspiracy theories on the Internet, in the success of the very thought-provoking Hunger Games books and movie (small people against rich and a captured, cruel over-militarized government), in politics (of course!), and in the vitriolic flames on the IMDB movie forums now against the front-runner movies and actors for the Oscars.

We may not see this at major play here in the crime against Meredith, though, except in the over-competition sense, and the sense that Knox grew up in slight poverty (see below) and was burning through her savings with all the cocaine use (Perugia cops think it was cocaine)

4) Mental ill health in the perps and/or families or original evil?

Sollecito’s dad has long admitted that Raffaele is not normal, and he has struggled to keep him off drugs and focussed hard on his studies. His dad also admitted to all Italy that Sollecito included defamatory lies in his book.

An open and shut case? Seems so. Raffaele now looks “uncomplicatedly” psychopathic and the myriad wrong and nasty claims in his chest-beating book really hammer this take on him home.

That book seems to be his equivalent of Knox’s abrasive, uncaring two days on the stand in 2009 which so damaged her with the Massei jury.

Knox’s mental health seems more complicated. She was widely known to be “quirky” as a kid and then she became pretty wild in Seattle after she moved to live near the university. That certainly wouldn’t have helped.

Most recently, Knox seems to be sliding away into a bubble world without any possibility of admitting she needs treatment, which seems to explain her being kept well out of sight for a year now and not working or studying.

Generally the PROSECUTION in Perugia has been the side to suggest she is not mentally fully well (after the psychological tests in Capanne Prison in 2008) and the DEFENSE and FAMILY has been the side that shrugs this off and hasn’t made it any part of her defence.

Knox seems to have given off plenty of signs in the days after Meredith died that she was alternating between glee and horror. So she seemingly did know what she was doing on the night, and our guess is that it was she who pushed the knife in. In these circumstances the original verdict and sentence seem appropriate.

However!

5) Knox made herself what she was or did her family contribute?

Curt Knox’s seeming blind rage at Edda during their marriage and for years after are an open secret among some in Seattle. He apparently had one of the worst records in the entire US in not paying child support to Edda for Amanda and Deanna, and had again and again to be taken to Superior Court by Edda to be forced to make his monthly payments.

Here are two public records showing two instances of him being taken to Superior Court by Edda.

And we are told that Curt Knox was counseled by one or more judges to get himself some anger management therapy. Apparently he wasn’t formally required to take anger management therapy. He may have done so, though there seems no record that he ever did.

Okay. Not all kids growing up in such toxic family situations suffer, but some do, and a few end up with their hard wiring seriously messed up. Some even end up as drug-takers and murderers.

The classic example recently was the mass killer Anders Breivek in Norway, whose early childhood in a toxic family situation was not entirely unlike Knox’s. (In that case also, the prosecution thought maybe he was nuts, and the defense, successfully, argued otherwise.)

Italian lawyers tell us that it would be for the DEFENSE to bring this up in Perugia if it is a possible mitigating factor, and that it doesnt impinge on the prosecution’s case.

But how could they?

Curt Knox was apparently the one who shushed Amanda Knox at their first meeting in Capanne Prison, Curt Knox was apparently the one who misled her about the world-wide skepticisim against her (she didnt know about that until she came out of prison), and Curt Knox was apparently the one who drove the nasty PR bus - and most recently hosted all of the worst of the rabid PR nuts (including Sforza and Fischer) in Seattle.

Curt Knox has apparently consistently instructed the defense lawyers and PR honchos to keep the pedal to the floor, even though Chris Mellas once openly argued against that. Amanda Knox may have pushed the knife in, but Curt Knox for five years has not come clean about his own possible role in any mental condition.

Our present conclusion

Without a lot more information on Amanda Knox’s early days in her broken home in Seattle, and her current mental condition and condition back in 2007, it is pretty hard to calibrate this. It is not really possible to be precise about where she should be on any sliding scale of time deserved in prison if she is finally convicted.

It is really incumbent upon the defense counsel in Italy (their lawyers’ code of ethics requires this) to push hard for this information, and if they think it relevant to present it to court at any rerun of the appeal trial.

Amanda Knox herself should want this.

Saturday, January 12, 2013

How Much To Place Blame On Guede? IMMENSE Headache For RS & AK Teams

Posted by Cardiol MD

[Photo by Andrea Vogt as in December 2010 Supreme Court decides that Rudy Guede didnt act alone]

Zero To 100% Guede Was Claimed Sole Attacker

On a scale of 0% to 100% how much of the blame for the crime against Meredith has been heaped on Rudy Guede?

Well, it certainly varies. In trial court and first-appeal court it was never ever 100%.

Seemingly very scared of the harm Guede could do to their clients, if they provoked him into telling all, defense lawyers have acted consistently since 2008 and more-so since December 2010 as if they walk on eggshells around him.

In fact among the defendants and their teams only ONCE was Guede ever blamed 100%. 

Sollecito’s bizarrely-titled Honor Bound 2012 book, the factually unchecked one, which now is causing him and his defense team so much trouble, was the first instance ever among those accused to try to blame Guede for the crime 100%.

Our next post will look at the categoric claims against Guede by whoever wrote that book. Meanwhile, here and now, let’s start at the beginning.

Commencing from when they were arrested, Amanda Knox pointed decisively at a black man, but of course she pointed at the wrong one: Patrick Lumumba. Make that 0% . Not long after they were arrested, Knox and Sollecito were strongly questioning the role of one another. So 100% against each other, but still a zero against Mr Guede.

In his messages from Germany Guede blamed two hasty intruders though he had no choice but to say he was there. Perhaps 33% at this point.  After Guede was captured, Sollecito implied that they were at the crime scene together because he was worried that Guede would implicate him. Make that 50%.

At Guede’s short-form trial In October 2008, Judge Micheli blamed Guede 33% too. In sending Knox and Sollecito to full trial he dismissed the lone wolf theory (never really to be revived in court again) and he tentatively believed the evidence pointed to their being equally guilty.

In fact Judge Micheli tentatively blamed Knox for instigating both the attack on Meredith and the rearrangement of the crime scene.  In effect he allocated 50% of the blame to Amanda Knox and 25% each to Guede and Sollecito. 

Throughout trial in 2009 the Knox and Sollecito defense teams seemed to take great care not ever to blame Guede 100%, perhaps because (for murky reasons not made public) Rudy Guede had refused to testify against their clients.

Judge Massei assigned Guede 33% of the blame as he concluded that Guede had initiated the attack but that Knox and Sollecito had wielded the knives and that one of them had struck the final blow. 

During trial and thereafter, the defense lawyers for the three were often on Italian TV and as our main poster the Italian lawyer Cesare Beccaria exhaustively charted in a four-part series, each “gently” blamed the other two.

We can assume that is either 33% or 50% but never more than that.

On February 24. 2011, in the Supreme Court report, on its rejection of Guede’s final appeal of his sentence for involvement in killing Meredith, blamed Rudy Guede and two others equally. Some 33% of the blame each.

The Supreme Court relied upon three facts: the physical evidence of Guede’s presence at the flat, Guede’s actual admission of his presence, and Guede’s implicit admission of shared-guilt in his documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 (“I was scared that they would say I was the only guilty person”).

In a nutshell, the situation at the start of the Sollecito and Knox appeal before Judges Hellmann and Zanetti in 2011 was this:

• The Supreme Court had decided that Rudy Guede acting ALONE could not have attacked Meredith with several knives over an estimated 15 minutes, left so little physical evidence upon her, staged the break-in via the absurd route of Filomena’s window while leaving zero DNA in her room, placed Sollecito’s DNA on Meredith’s bra clasp, engineered several traces of Knox’s and Sollecito’s footprints outside the room, and placed the mixed DNA of Meredith and Knox in several different locations outside Meredith’s locked door.
• But there remains zero evidence that perps two and three which the physical evidence strongly pointed to were anyone other than Knox and Sollecito. There’s really not one speck of hard evidence to the contrary. Defenses somewhat desperately tried to engineer some at first appeal from the seemingly perjured testimony of jailbirds Alessi and Aviello and some smoke-blowing over the DNA testing, but in terms of HARD evidence came up empty-handed. Alessi did a meltdown on the stand, while Aviello turned completely cuckoo, and Judges Hellmann and Zanetti had to invent arguments frantically to dig Knox and Sollecito out of that hole.

I have done a series of posts (to be read from the bottom upward) on the Hellmann-Zanetti outcome covering many other aspects of their strange arguments.

Back in late 2010 some of us at TJMK were impressed at the alacrity with which Judge Hellman selected Conti and Vecchiotti.

We were thinking that “he had already thought it all out” [we seem to have got that-much right], and that he was “being prudently responsive to the legal and political pressures bearing down on him, and knows the ruling also calls the defendants’ bluff.”

I had posted that the defenses of Knox and Sollecito seemed to be trying to exclude evidence that they themselves tried to destroy, essentially on the grounds that their destructive attempts failed to destroy all of it, and left behind only some of it.  Their argument had boiled down to whether the disputed DNA evidence is more unfairly prejudicial than probative.

It was my opinion that because it was the defendants’ deliberate conduct that nearly succeeded in extinguishing all their DNA, any US and UK courts would admit this highly relevant evidence, and let the participants duke out its fairness, in open court, in front of a jury.

I had thought that was what the Massei Court had already done, and was what the Hellmann/Zanetti court was then doing. The Hellmann/Zanetti court was doing that - but that was not all it was doing, as we now know and regret.

I had believed that the defendants would bitterly regret their petition for such DNA Expert-Opinion Review.  We should know in March 2013 if they regret it at all, let alone “˜bitterly’. So far they may not, but Sollecito’s current venture into special-pleading journalism in his book seems likely to accelerate their journey to a bitter and regretted destiny.

We were less impressed with how Judge Zanetti started the appeal hearings.

To his eternal discredit Judge Zenetti uttered words to the effect that “the only thing that is “˜certain’ in Meredith’s case is that Meredith is dead.” Nothing else. In effect, illegally promising a whole new trial at appeal level - very much frowned on by the Supreme Court.

Unless the word “˜thing’ is a mistranslation, that is not the only thing that was already certain in Meredith’s Case; Many Things were then certain in her case. 

For example, it is certain that the first-ever documented references to Meredith’s scream just before she was killed had already come both from the mouth of Amanda Knox herself, and from the hand of Amanda Knox, in the case of her contemporaneous personal hand-written notes.

Guede, himself, had certainly already made a documented reference to Meredith’s scream.

It was also certain that Guede had made documented references to his actual presence when Meredith screamed.

Some of these already-certain facts inconveniently undermined Hellmann’s and Zanetti’s already-assumed conclusions, so they then proceeded in-turn to undermine the “˜reliability’ of those facts, e.g. “˜it is not certain that the scream was Meredith’s scream; it could have been someone-else’s scream’; or even Amanda’s scream?

The Massei court had exhaustively presented the evidence from all sources in their conclusion that Knox and Sollecito were the ones who shared Guede’s guilt. But Hellmann/Zanetti then contradicted ALL the previous finders-of-fact with regard to Guede, essentially using five ploys in arguing:

• That Guede was Unreliable: “for example, in the questioning before the Prosecutor, he denies being known by the nickname of Baron, “¦.so as to result in a version completely incompatible with the reality of the facts as perceived and heard…” [Is that ever giving birth to a mouse?], and
• That the Supreme Court had “held Rudy Guede to be an Unreliable person”, and
• That “therefore, among the evidence against the two accused, the testimony given at the hearing of June 27, 2011 by Rudy Guede cannot be included because it is Unreliable, nor can the contents of the letter written by him and sent to his lawyers”, and
• That concerning Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 “”¦ the contents of the chat between Rudy Guede and his friend Giacomo Benedetti on the day of November 19,  2007,  also listened to by the Police,  can be considered in favour of the two accused”, because “he would not have had any reason to keep quiet about such a circumstance,”
• And that “So, in the course of that chat with his friend….. Rudy Guede does not indicate in any way Amanda Knox and Raffaele Sollecito as the perpetrators…..” and “.....he would not have had any reason to keep quiet about such a circumstance….. he being…. certainly the perpetrator….. of the crimes carried out in via della Pergola, that if Amanda Knox and Raffaele Sollecito had also participated, that he would at that moment have revealed this to his friend.”

So, summarising Hellmann and Zanetti, they have absurdly argued a contradiction:

• Because of Guedes notoriously unreliability, the public evidence in which he did accuse Knox and Sollecito cannot be considered as evidence of their guilt, but
• In spite of Guede’s notorious unreliability, because Guede did not accuse Knox and Sollecito in a private conversation this must be considered as conclusive evidence of their innocence.

We are not the audience to which Dr Galati’s appeal against Hellmann and Zanetti to the Supreme Court is directed. Most of us probably have some difficulty with its legalese, translated into English, so bear with it.

Dr Galati’s appeal against Hellmann and Zanetti refers to Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 as follows:

The Hellmann/Zanetti court, “has”¦ made “¦. completely anomalous use of the Skype call, accepting it for the time of Kercher’s death, but not for other circumstances which are also extremely relevant for judgment purposes, but which have been totally ignored.

In fact, in the call, Guede recounts having heard Meredith complaining about her missing money and of her intention of asking Ms Knox, with whom she had quarrelled, for an explanation (p. 10 of the call [transcript]), of having seen Meredith look in vain for the missing money in her drawer (p. 18), then of having seen Meredith look, still in vain, for her missing money in Amanda’s room (pp. 18-19 of the call [transcript]), and of having heard a girl enter the house, who could have been one of the roommates, thus Amanda (p. 11 of the call [transcript]), while the Ivorian found himself in the bathroom, just before hearing Meredith’s terrible scream which would have caused him [59] to exit the bathroom, about five minutes after the girl’s ingress (p 12 of the call [transcript])”... .

The Court has, in practice, without reason thrown the responsibility onto Guede for throwing the rock and clambering in (see pp 121-122 of the appealed judgment): in the same Skype call, Guede, however, repeatedly denies having seen the broken window in Romanelli’s room during the whole time in which he was in the house at Via della Pergola on that evening (pp 8, 20, 34 of the call [transcript]). Not only that: Rudy Guede also said that he was at Knox’s many times”› (pp 88 of the call [transcript]).

If the Court held the Ivorian citizen to be sincere in the tele-conversation with his friend Benedetti, then why not also believe him when he denies having broken in, or when he recounts Meredith having it out with Amanda, or when he says that he had been at the latter’s place many times”›?

Dr Galati’s appeal to the Supreme Court argues that the Hellmann/Zanetti appeal judgment, apart from being manifestly illogical, is manifestly contradictory with respect to the contents of the case file referred to (Article 606(e) Criminal Procedure Code). Here is what it says about their tortured interpretations of Rudy Guede.

And in the Skype call with Benedetti, intercepted unbeknownst to him, there emerge circumstances that confirm Guede’s court declarations. The Court takes the Skype call with his friend Benedetti into examination, valuing it “šin favour of the two accused”› both for what it does not say and also for what it does say, and this it does building from one, not only unexplained, datum but which would have taken little to deny: since Rudy was outside of Italy, he was in some sense safe”› and thus could well have been able to tell the whole truth (p 40 of the judgment).

Not in the least does the Court depart from the presupposition that in this call Rudy would have been telling the truth and, because in this call he would not have named the current defendants, these have got nothing to do with the homicide. The Court does not explain, though, that even in this call Rudy was tending to downplay his responsibility and, if he had named his co-participants, that would have easily allowed, by means of investigations and subsequent interviews, the bringing out of his causal contribution and of his responsibility.

[91] Of the things said in this Skype call, the Court seems at one moment to want to value the chronological datum from 9:00 PM to 9:30 PM to affirm that this would therefore have been the time of death of Meredith; successively, though the appeal judges, following the principle of plausible hypothesis, in relation to the outgoing calls on the victim’s English handset, have moved it to 10:15 PM, but they have not altered the reliability of the time indicated by Guede.

In truth, during the course of the conversation, Rudy recounts having heard Meredith complain about the missing money and of her intention to ask Knox, with whom she had argued, for an explanation (p 10 of the call); of having seen Meredith look in vain for the missing money in her drawer (see p 18); of having seen her search, again in vain, for the missing money in Amanda’s room (pp 18 and 19 of the call) and of having heard a girl enter the house ““ who must have been one of the flatmates, thus Amanda (p 11 of the call), ““ while he was in the bathroom, a little before hearing Meredith’s terrible scream which would have induced him to exit the bathroom, about five minutes after the ingress of the girl (p 12 of the call).

And also, on the subject of the break-in in Romanelli’s room ““ thrown without explanation onto Guede’s back (see the judgment being appealed from, at pp 121 and 122) ““ can remarks by the Ivorian citizen be found in the transcription of the intercept. Guede repeatedly denies having seen the broken window in Romanelli’s room for the whole time in which he was in the house at Via della Pergola that evening (pp 8, 20, 34 of the call).

If the [Appeal Court] had held as reliable what Rudy narrated in the Skype call relating to the time in which Meredith was killed, it supplies no reason at all, on the other hand, for why it does not believe him as well when he denies [92] having committed the break-in or when he recounts the quarrel of Meredith with Amanda.”

None of this changes my own beliefs that there are even many more things in evidence that are “˜beyond any reasonable doubt’.  For example:

• It is beyond any reasonable doubt that Meredith was restrained by hands other than the knife-wielding hand(s); and that Meredith was restrained by the hands of two, or three persons as she was killed.
• It is beyond any reasonable doubt that steps were taken to clean away smears made by Meredith’s blood in the place where she was killed, and tracks of Meredith’s blood transferred by her killers to other places.
• It is beyond any reasonable doubt that steps were also taken to simulate a break-in that never-was.

In the next post, we examine Dr Galati’s appeal further and the strident claims against Guede made in Sollecito’s own book which contradict some of the positions of HIS OWN LAWYERS. Note that Dr Galati has argued in the appeal that it was ILLEGAL for Hellmann and Zanetti not to have taken the Supreme Court’s ruling on three perps fully into account and having innored it or brushed past it. 

Verrrry tough situation for defense counsel to be in.

Saturday, January 05, 2013

We Mean You No Harm. Please Take Us To Your Leaders…  Oh Yes, But Of Course…

Posted by Kermit

Yes but of course. The self-appointed FOA leaders are now all physically or mentally AWOL. No sane credible adult is at the helm.

• Scammer Number One is physically absent without officlal leave. He may be hiding out in or near Perugia, probably broke and without a good lawyer as his lawyer walked off the job, facing court dates starting later this month and possible imprisonment in two countries and now also a further defamation suit - he in effect already lost one defamation suit last year when a court ordered Google to take down a site it hosted for him for all the defamation it had contained.
• Scammer Number Two is also physically absent without official leave, and may be hiding out in or near Verona, attempting on Facebook to make out that he is free and relaxed as a bird after nipping across to Manhattan for the New Year. Also that he is and always was loyal as hell to Amanda (give us a break) and that the devastating prosecution appeal and the devastating row of defamation suits about to hit him and his publisher and team sparked by his overheated book dont bother him or his dad a bit.
• Scammer Number Three is mentally absent without official leave. He is to be found squealing and blubbering these days in the stock-room of a fur-store on the north-west outskirts of Chicago, running low on new people to blame, his money-grubbing scams now publicly revealed for the toxic dishonesties on which they were based, his obergruppenführer presence on his internet boards despised now by many who had once gone along with his act, with the biggest defamation target of all on his own back as his vitriolic personal rants still populate the web, and with no Curt Knox or other deep-pockets any longer on his side.

First, here is an understanding word or two for the FOA sheep.

Dear sheep. Of course we dont mean to be unkind or unsympathetic in implying that the broad body of your movement which was elevating these three to gods in their own minds were simply sheep. Many FOA seem to us to be very nice and very well-meaning, if maybe a tad naive. The jaw-dropping revelations of the sums of money that you have been shelling out suggests that the myths you had been made to swallow had stirred your kind hearts to the core.

As a way of disengaging from the flock, and to fill the deliberate vacuum of hard facts, we would highly recommend that you now read all these posts and especially all of these posts here.  Our strongest advice to any ex-sheep would definitely be this.

Don’t shell our any more of your hard-earned cash to those three imposters listed here at the top.  They all face suits now for going way too far. Dont get mixed up in that. 

Okay. Back to Number One.

We are told that Frank may not even have made it to the viza section of the American Embassy in Rome. But let’s say it were true that Frank actually made it across the Atlantic and he showed up at the international arrivals zone of an American airport hours before his date with American justice last December 31.

Then any honest attempt to justify Frank’s non-appearance in court would take into account that Frank knew he wasn’t coming as a tourist, and that as someone with an arrest record (and seemingly having way overstayed a prior visa waiver for a visit limited to 90 days), he would have lots of paperwork to request a visa.

Yet, going back to the end of November when he was being released on bail from the Seattle jail , Frank and his pro-Knox handlers were in a huge hurry to hustle him out of the country following his latest arrest and questioning by police for domestic violence incidents, probably knowing that this might affect whether he could return.

The world waits for some coherent and direct explanations from this cornerstone of the public image defence of Amanda Knox.

Meanwhile, there’s absolute silence from Knox’s corporate PR firm Gogerty Marriott who continue to use the Knox contract as a showcase example of how successfully they work (they are joking, right?).

Many public figures and sheeples have been photographing themselves with Frank over the months presuming that he was in the US on a tourist visa for goodwill. Meanwhile, he was carrying on what the Committee to Protect Journalists has insisted is his money-making and therefore taxable profession,  and also earning at the same time “donated” income and gifts maybe up into the tens of thousands of dollars.

Mr Taxman please note.

Meanwhile, the vacuum left by Frank, a god in his own mind in the woven fabric of the Knox PR image, is turning that fabric into tatters. Someone will have to tie up the loose ends, and in particular give an explanation on where Frank’s absence leaves the very serious accusations of improper and abusive treatment by Prosecutor Mignini and the Flying Squad (neither were involved in his arrest).

Those false accusations all stem from Frank and Doug Preston and similar accusations of abuse are the main components of just about every explanations for Knox’s many conflicting alibis and her bizarre reactions to Italian investigators following the murder of Knox’s roommate Meredith Kercher.

As you may know, Frank claimed to have been beaten up by officers of the Flying Squad beholden to the “rogue” Prosecutor Giuliano Mignini because Mr Mignini was allegedly sufficiently upset by “Frank’s” many blog posts in favour of Knox to have sent his henchmen over to Frank’s house.

After promoting this fiction for months and now years, even many pro-Knox commenters are admitting bashfully that in fact the person who complained to Italian police about abuse by “Frank” was actually a female family member in his own home.

Mr Mignini was NOT involved, the Flying Squad was NOT involved, Frank was NOT beaten up (the wounds in evidence were on the cops) and he was NOT taken to a hospital to have him certified as mad. One big body of lies.

This line of physical abuse and malicious fabrications after the fact certainly fit with Frank’s more recent episodes of being arrested and/or questioned for complaints of domestic violence in Canada, Hawaii, and, now, Seattle.  Looks like, by his own hand, Frank is finally cooked.

More news in future posts about Scammers Two and Three.

Saturday, November 17, 2012

Fervent Knox Supporter Tom Wright Seemingly Strongarms Knox High School Into “Honoring” Her

Posted by brmull

One thing is for sure. Not many schools - maybe none, ever - have accepted the creation of a scholarship to honor a convicted felon who, until the Supreme Court signs off, still stands accused of a very cruel crime.

Seattle Preparatory School is a fee-paying Jesuit Catholic school about a mile north of Seattle downtown, on the south side of Portage Bay from the main campus of the University of Washington. See Google Earth image at bottom. The school’s student role is estimated at around 650.

This announcement of a new scholarship in the name of Amanda Knox was recently published: “The fund, established by past parent [and co-founder of the advocacy group Friends of Amanda Knox] Tom Wright, will provide tuition assistance to students in need.”

Early in 2011 Tom Wright [seen reading a statement in a black shirt below] presided over a seriously loopy panel presentation at Seattle University, attended by a sparse crowd of about 35, which garbled all the hard evidence in the case and accused Italian officialdom of a number of crimes. See for example our reports here and here.

Tom Wright apparently had to kick in at least $50,000 for initial fund of the endowment, and he hopes that others will feel impelled to contribute as well.

For him this is certainly a labor of passion, since Knox with her book advance has more than enough resources of her own to set up an endowment if she wished, though to date we have seen no indication that Knox has made any charitable donations. Tom Wright seeks to make it look noble.

Sara [his daughter] and Amanda were good friends at Prep… With this fund our family wants to honor the courage of Amanda and her family. They displayed great dignity and fortitude enduring a wrongful prosecution on foreign soil. During years of unjust incarceration, the school supported Amanda through prayers and letters of support. Prep acted in the Jesuit spirit by seeking social justice and helped to win a fight worth remembering.

According to the announcement applicants should demonstrate the same “moral courage, strength of character under duress and a sincere desire to help others in need” that was supposedly exhibited by Amanda Knox.

Let’s pause right there.

Claims of “wrongful prosecution” and “years of unjust incarceration” are way premature, and contradicted by all these posts here.

“Moral courage” means taking a risk in order to do what one believes is right. Put aside for a moment the overwhelming evidence that Knox did murder Meredith Kercher. To what instance of moral courage could the school possibly have been referring? We don’t have a clue.

“Strength of character under duress” is pretty much expected of any upstanding member of society. But if there’s one person to which it surely doesn’t apply, it’s someone who was convicted of falsely accusing her kind boss of murder and wrecking his business. Billions of people have a “sincere desire to help others in need.” What makes Knox notable here?

Why else might Knox have been deserving of a scholarship in her name? It’s often said that she was an “honor student” but we wonder why she wasn’t wearing any honor cords at her graduation while other students had them. Author and Knox innocence proponent Nina Burleigh wrote that she “almost flunked” a religion class and was made to take summer school.

Knox has also been described as a “star soccer player.” The team she played for, however, endured “four bleak, losing seasons” according to Nina Burleigh’s book.

A few teachers and students spoke up rather listlessly and doubtfully for Knox after she was arrested and put on trial. Several are believed to have said that they were really not too surprised to hear of the mess she was in.

;Above: school president Dr Kent Hickey]


Is there ANY solid reason in the public record why Knox is deserving of this singular honor?

Tom Wright seems to have been motivated above all by his desire to memorialize “a fight worth remembering.” As much as anything else, that fight consisted of himself and a small group of like-minded diehard parents appropriating the school’s good name and resources for the purpose of a nasty, bigoted, defamatory, strong-arming campaign which played fast and loose with the facts.

Dr Kent Hickey [image directly above] became president of Seattle Prep two years after Knox graduated. He didn’t know her at all, and he may not even have met her face to face before the school accepted a scholarship in her name. Nonetheless, he described her to the media as “a good and thoughtful girl”.

He defended the school’s decision to raise funds for her by saying “We can’t pick and choose the graduates we help.”  Yet Seattle Prep DOES indeed pick and choose, all the time. The school routinely punishes and expels students for everything from minor insolence to felonies. We can’t find any other instance in which it has held fundraisers for any alum—let alone a convicted felon—despite 8,000 alums living in the Seattle area.

And so Seattle Prep parents and onlookers might be forgiven for thinking that Dr Hickey is grasping at straws to justify his school’s very strange action.

[Above: scholarship creator Tom Wright]


One angered parent commented on the PR campaign as follows in an excellent investigative report by James Ross Gardner in the local magazine Seattle Met late in 2010:

It is true some of the Seattle Prep families have allowed their students to support Amanda Knox. I do not believe that it is a 100%. A number of families have felt their students were pressured into supporting Knox without having a choice. That is not the Seattle Prep I knew from my years there as a student, nor is it what my husband experienced.

In our years as Prep students we were allowed choice rather than pressure. Because of the pressure, a number of family are not making their annual donations to Seattle Prep. I, for one, will be glad when the verdict in the appeal is handed down so perhaps we can all move past this event. Yes, event.

Seattle Prep has made it into an event and it takes away from the students discussing other news and issues. I do not wish Knox ill but my children did not go to school with her and do not know her. They have no idea if she is guilty. They are more worried about their close friend that is fighting cancer. It is time to un-focus on Knox. That’s just my opinion.

An angered alum of Seattle Prep offered this opinion to the reporter from Seattle Met:

I went to Seattle Prep, and did a full year in Italy. I learned Italian and the culture and saw a lot of Americans and Italians from the South that studied in Central and Northern university towns go a little nuts with all the freedom away from home.

Since I started following this trial, I could totally see how immoral behavior could lead to Amanda doing what she was accused of doing. Drug use, jealous roommates, and illicit sex are not a good mix, especially when people need money to support such habits. Amanda seems to have a lobby of easily-swayed-by-propaganda lab rats who bought in to the PR agency story and don’t bother following the case in its entirety.

I do not know the background of the Seattle Prep Principal, but I think he is getting in way over his head by getting into this case, and as a prior poster mentioned, he is putting a lot of pressure on people to get on the pro-Amanda bandwagon. So sick to sway young students’ minds on what to think.

This sounds like our post-modern decaying American mentality of choosing sides and voicing misdirected-emotions in forming opinions. The Principal does not sound like a well educated, worldly individual to put the Academic Institution and its students, employees and graduates in the middle of this fiasco. It reeks of “We Support Our Troops,” military campaigns to coerce and intimidate people into believing in a “popular” movement.

It’s a cruel joke that needy students who are not in a position to turn down financial aid will be forced to associate themselves with Amanda Knox and an ignominious campaign of bigotry, defamation and intimidation.

It is to them and the real victims, Meredith and her family, that Seattle hearts should go out.

Tuesday, September 25, 2012

Will Sollecito Drop Amanda Knox In It Further In A Public Seattle Interview At 7:00 PM Tonight?

Posted by Peter Quennell

This is Kane Hall on the University of Washington campus where at 7:00 tonight Sollecito is set to be interviewed.

What was described in this excellent series by an Italian lawyer on four of the Porta a Porta shows continues to be the case. One perp slyly pushing another toward the fire, in an attempt to protect his own sorry ass.

On two levels the woolly-brained component of the Seattle media and the woolly-brained Knox-Mellas camp seem to have only the dimmest comprehension of the slow-motion train-wreck Sollecito has managed to create.

(1) Sollecito may continue to claim that he “saved” Amanda by standing by her when others urged not to, but as future posts here will show, he provably didnt, and in his book in a number of places he includes very incriminatory points about her.

(2) Provable lies in Sollecito’s book have already stirred up a hornet’s nest in Italy and his own father and his lawyers have backed off - right when RS and AK face one of the toughest appeals our Italian lawyers have ever seen.

Can Sollecito be expected to make things worse both for Amanda and for himself tonight? It may not be obvious to much of the audience, but our own bet is: for sure. Must-read posts in advance here and here and here.

And a must-read book. That narcissistic killer flaunted the system - and is now doing 33 years.

Friday, July 27, 2012

Heads-Up To The Amanda Knox Forces: A Case Showing How Closely The US and Italian FBIs Co-operate

Posted by Peter Quennell

Meet Doctor Mark Weinberger.

That report about his arrest in Italy was broadcast in 2009. We last posted on him here.

Weinberger was apparently a wildly successful doctor who ran a sinus clinic in Indiana and lived a wildly affluent lifestyle a few milers north outside Chicago. In 2004 he disappeared off his large yacht which was then anchored at a Greek marina, and for six years his (very impressive) wife Michelle presumed he was dead.

In the meantime she had found out that he had actually been running a huge fraud, scamming health insurance and the US government via false billing and unnecessary surgery (often botched) for many millions. And that far from being left comfortably off, she was financially wiped out.

In 2006 in absentia she divorced Weinberger and started over.

In 2009 Weinberger was captured in the Alps by the Italian equivalent of the FBI and returned to the United States as soon as his extradition was requested. In perhaps 99 percent of all US-Italian extradition cases, the fugitives are handed over by both governments very promptly. This sure wasn’t any exception. 

Weinberger began to lose the first of numerous civil suits a year ago, and on wednesday he pleaded guilty to 22 criminal charges in federal court.

His prison term is set at ten years.

One moral of the tale apparently still not learned by Steve Moore and Bruce Fischer and their hapless ship of fools, so desperate for approbation, is this: much or most of the time it is the fine Italian equivalent of the FBI that they are misrepresenting and defaming.

In the past two weeks alone, we have seen new ramblings by Saul Kassin and Nigel Scott (engineered by Bruce Fischer) that to any informed lawyer are quite crazy. Kassin and Scott clearly didnt have the slightest idea WHO they were defaming or accusing of crimes.

Or how much more determined thier defaming makes the Italian FBI and other law enforcement agencies and the courts to give Amanda Knox (or Curt Knox or Edda Mellas) no special breaks.

The daffy Steve Moore first introduced this confusion way back here.  And of course Bruce Fischer, Curt Knox’s hotheaded chief hatchet man, sustains it up to this day.

Eighteen months ago, Chris Mellas (whose business in Seattle is doing well) sensibly recommended from Perugia that the Knox campaign should finally acquire some cool heads and some REAL experts, and toss the trouble-making grand-standers they had acquired over the side.

Perhaps predictably, Curt Knox (whose business in Seattle is doing badly) reacted red-faced and steaming, and shot this seemingly quite smart idea down. So the abrasive, misleading, very amateur campaign goes on.

***

Added. We are now told that Frank Sforza and David Anderson are in Seattle, and Sollecito will be there soon, to actually jack up the level of defaming in the RS and AK “we were the victims” books being written.

Wow. THAT is Curt Knox’s end-game?l He ran that one past Chris Mellas?  It seems universally believed in officialdom in Rome and Perugia that Curt Knox KNEW all along that Amanda did it. Apparently with good evidence.

What will he do if they charge him?
 

Wednesday, May 09, 2012

An Associate Of Knox PR Heavy David Marriot Has Been Bullying Meredith’s Father Online

Posted by Glinda The Good

Yet another example of Curt Knox’s abusive public relations campaign at work.

We have long heard that the PR run for Curt Knox by David Marriott in Seattle controls all the pro-Knox anti-Italy message everywhere. David Marriott unwisely claimed this, in fact, right after Amanda Knox returned to Seattle. See here.

The PR is said to abuse reporters who dont go along, reward those that do, and fan out nasty commenters around the web to post selling points under various false names. It presumably does that to make the movement look spontaneous and big. An expanding but questionable technique which goes by the name astroturfing.

Every month more evidence piles up, suggesting that online comment threads and forums are being hijacked by people who aren’t what they seem.

The anonymity of the web gives companies and governments golden opportunities to run astroturf operations: fake grassroots campaigns that create the impression that large numbers of people are demanding or opposing particular policies. This deception is most likely to occur where the interests of companies or governments come into conflict with the interests of the public. For example, there’s a long history of tobacco companies creating astroturf groups to fight attempts to regulate them.

After I wrote about online astroturfing in December, I was contacted by a whistleblower. He was part of a commercial team employed to infest internet forums and comment threads on behalf of corporate clients, promoting their causes and arguing with anyone who opposed them.

Like the other members of the team, he posed as a disinterested member of the public. Or, to be more accurate, as a crowd of disinterested members of the public: he used 70 personas, both to avoid detection and to create the impression there was widespread support for his pro-corporate arguments. I’ll reveal more about what he told me when I’ve finished the investigation I’m working on.

The Knox PR astroturfing operation now has Meredith’s father John Kercher and his fine new book in its crosshairs, and for some days it has been raining contemptuous abuse. .

Officialdom in Perugia and Rome and the Italian Supreme Court all seem to know that the Knox-Mellases KNEW Amanda Knox was involved in the crime against Meredith almost as soon as they arrived in Perugia, and that they have been trying to cover that up ever since.

The PR scheme had already swung into operation by then, but the Knox-Mellases made the fateful choice to stick with it regardless, instead of maybe more wisely switching off the PR and turning to a good American lawyer to spread the word instead. Curt Knox recently claimed, before Amanda’s “innocent” persona started to implode, that using PR was one of the best choices he ever made. 

This image above is of Seth Chandler, the managing director of Axolotl AB, a public relations firm linked to David Marriott’s which does the usual advertising, copy doctoring, social media campaigning, and so on. The image was captured online before it was hurriedly disappeared.

Seth appears to be the same chap caught red-handed the other day propagating the all-too-familiar FOA selling points while sliming the family of Meredith, who is the real victim here. Under an article on Worldcrunch which reported the imminent release of John Kercher’s book “Meredith” Seth Chandler was observed repeatedly posting that John Kercher (and others there trying to explain the truth) should simply STFU..

With only a couple of exceptions, real names of identifiable people are not used by the PR.  We’ve seen them, we’ve read them, but this appears to be only the second time (after “Bruce Fisher of New York”) that one of the anonymous PR operatives/contractors has been exposed for what and where he is. Perhaps we might expect a few more.

For four years in the US and the UK, with big money at stake, the operatives have bashed Italy, the Italian justice system, Italian culture, and the Italian law enforcement agencies involved in the case. The operatives have slimed the Scientific Police, the prosecutor Mr Mignini, the prosecutor Ms Comodi, the British press, the Italian press, the Kerchers’ lawyer Mr Maresca, and all the prosecution witnesses.  In various postings they have accused many of these people of crimes, an imprisonable felony in the US.

They have bashed the lay judges in the court because they wear their tricolour sashes routinely as a badge of office. They have claimed that this is an anti-American display. They have decried the Italian courtroom because behind the lead judge a crucifix hangs there.

The operatives have thrown mud at anyone they perceive as dangerously surfacing any hard truth about the case. Respected journalists have received exceptional abuse. Any perceived enemy not so much of Amanda Knox herself as the defense narrative of the murder and the legal processes can expect to get roughed up.

So it’s quite a game-changer when Seth Chandler, or “Seth C” as he now wants to be known, the managing director of Axolotl PR, is apparently caught red-handed telling John Kercher to STFU.  Seth Chandler has claimed as he tried to wriggle off the hook that “no one paid” him to say STFU, and that anyway PRs would never say such a thing. Really? But the abuse was right there in his name.

Seth Chandler also works for Electrolux. Its competitors are are Dyson, and LG. I wouldn’t imagine that he employs the same tactics for firms, though I haven’t yet checked his Amazon customer reviews.

Shame on Seth Chandler - and on Curt Knox, whose vile temper reverberates throughout this case and some increasingly believe sent Amanda Knox over the top.

Friday, May 04, 2012

A Mischievous Defense-Inspired Global Hoax - To Deflect From Some Bad News?

Posted by Our Main Posters

[Left, editor Chris Blackhurst of the Independent, right, editor Tony Gallagher of the Daily Telegraph]


1. Examine first some key happenings at the Knox/Sollecito trial

Throughout the trial which began back in January 2009 the defense teams often seemed down or depressed or distracted or floundering.

Reports surfaced in Italy that one or two of them might even have considered walking. Knox defense counsel Luciano Ghirga was reported as nodding off or distracted. Sollecito defense counsel Giulia Bongiorno was photographed seemingly showing some exasperation with Sollecito and at zero notice she missed several days in court.

Amanda Knox’s testimony over two days on the stand in June 2009 was widely seen in Italy as a disaster. From then on many in the court and throughout Italy believed this seemingly callous, evasive, forgetful girl had to have had a role in Meredith’s death.

Having failed to attend to observe any of the key forensic tests at the Scientific Police labs in Rome, the defenses were able to introduce some forensic witnesses who testified that there might, possibly, somehow, be contamination in the collection and tests which they chose not to witness, but they never came close to showing how.

By the summations in November 2009 both defenses seemed to be seriously floundering. 


2. Fast forward to Friday 20 November 2009

What happened on 20 November might well have made it the defenses’ very worst day.

On that day during their summation the prosecution BEHIND CLOSED DOORS devoted an entire day to reconstructing how Meredith died and the events in the few hours before and since.

The presentation was closed because Judge Massei had ruled in favor of Meredith’s family to close the court to the media when any upsetting material was being presented. For example the results of the autopsy had been presented in closed court.

This resulted in the Massei judges and jury receiving a much more disturbing picture than the Italian public and especially the foreign publics ever did.

The Italian media pieced together what had been presented behind the closed doors on 20 November and Il Messagero and several other Italian newspapers published it several days later. You can read a combined summary in this post here.

To our knowledge none of that summary of events ever appeared in the US or UK media, so the full impact of the reconstruction felt by the jury and to a lesser extent by the Italian public was never felt at all by the US or UK publics.

This excerpt is from that post:

We have left out the depiction of the final struggle with Meredith, which is extremely sad and disturbing. In the evidence phase this was testified-to behind closed doors at her family’s request and we have never posted anything from those sessions….

23:21 - Amanda and Raffaele go into Meredith’s bedroom, while Rudy goes into the bathroom.

23:25 - A scuffle begins between Amanda, helped by Raffaele, and Meredith. The English girl is taken by the neck, then banged against a cupboard. Rudy Guede enters and joins in.

23:30 - 23:45 Depiction in the timeline and computer simulation of a horrific struggle with Meredith

23:50 - Amanda and Raffaele take Meredith’s mobile phones and they leave the apartment. Guede goes into the bathroom to get several towels to staunch the blood, then puts a cushion under Meredith’s head.

That simulation video was a second-by-second depiction of what the crime-scene specialists from the Scientific Police in Rome had concluded, from the position of Meredith’s body in the room, evidence traces and the placing of various objects, and the many wounds described in the autopsy.

It was extremely difficult and laborious to get just right, and every tiny movement of the four that it depicts in three-dimensional space had to be able to stand up unchallenged - as they did.

The fight with Meredith took a horrific fifteen minutes. It only ended when she was lying bleeding on the floor, her hands grasping her neck. She was locked in her room to die, with her keys and phones removed to make sure she could not save her own life.

This was not a minute or two of hazing and a slipped knife. The evident intention was to see her dead - and in the reconstruction it required THREE ATTACKERS to explain all the evidence points.

The prosecution never entered the video into evidence so it could not be leaked to the public (the Sollecito family already stood accused of leaking one video)  but the effect on the jury seems to have been profound and the defenses could do nothing to blunt it.

The lone wolf theory was well and truly dead in that courtroom and a perception of three attackers was well and truly alive. The defenses did what they could in their summations but they were unable to shake the perception of a depraved three-against-one attack.

A few days later a verdict was announced. By a UNANIMOUS verdict Sollecito and Knox were found guilty.


3. Fast forward to the first-level appeal before Judge Hellman in 20011

Judge Sergio Matteini Chiari, the most senior judge in the criminal division, was appointed to preside over the appeal.

He was very experienced at presiding over murder trials and appeals. What happened next surprised many among the judges and prosecutors and Italian reporters and the Italian public generally. From the Italian Wikipedia:

Although the Assize Court of Appeal was to be chaired by Dr. Sergio Matteini Chiari, Chairman of the Criminal Division of the Court of Appeal in Perugia, in circumstances not well understood Dr. Claudio Pratillo Hellmann, who chairs the Labor Chamber of the Court, has been called on to preside over the appeal court,

The judge to the side of the main judge, Dr. Massimo Zanetti, came from the Civil Section, and both had had limited experience with criminal trials both rather remote in time (only the cases of Spoleto and Orvieto).

Judge Hellman readily consented to the defense requests. First to re-examine several witnesses previously heard on the stand during trial (primarily Mr Curatolo) and two new ones (Alessi and Aviello) intended to show that Guede or Aviello’s missing brother could have attacked Meredith with unknown others.

And second to appoint two independent experts who would re-examine the DNA on the large knife found in Sollecito’s apartment and the DNA for which traces were collected in Meredith’s room and the methods used for processing them.

The examination of the witnesses seemed to end indecisively, but the vague suggestions of the independent consultants that there COULD have been DNA contamination - never proven - was accepted readily by Judge Hellman.

The reconstruction and the showing of the simulation which the trial jury sat through in later 2009 was not repeated by the prosecution at the first appeal in late 2011. Judge Hellman showed no inclination to sit through the full depiction of the day or the horrific 15-minute attack on Meredith.

So the explanation of all the evidence points in the room and on Meredith’s body was never solidly brought home solidly to Judge Hellman or his jury. In his verdict he overturned the outcome of the first trial, provisionally pending any Supreme Court ratification, and he handed Amanda Knox a three-year sentence for framing Patrick Lumumba.

Having refused to see the reconstruction, he could very torturously argue that the attack on Meredith could have been carried out by a single person. If he and his jury had actually watched the video, they could never have argued that.


4. Fast-forward to the grounds of Dr Galati’s appeal to the Supreme Court

The Umbria Chief Prosecutor’s grounds for appeal were spelt out by him at a new conference in Perugia on Monday 13 February 2012. The PMF translation team will soon have the full document ready in English.

The summary of the grounds for appeal below is translated from the Umbria24 report and to our knowledge NO English-language website except this one and PMF has ever reported what are the full grounds.

Meredith case: the prosecution appeals to Cassation: the acquittal verdict should be “nullified”.

For the Chief Magistrates of the [Umbria] Prosecution, “it was almost exclusively the defence arguments which were taken heed of”

By Francesca Marruco

The first-level conviction verdict was “complete and thorough” while the verdict of the second-level is “contradictory and illogical”.  For this reason, the General Prosecution of Perugia asks the Cassation to revoke or invalidate it.

“We are still extremely convinced that Amanda and Raffaele are co-perpetrators of the murder of Meredith Kercher” said the Chief Prosecutor of Perugia, Giovanni Galati and the Deputy Chief Prosecutor, Giancarlo Costagliola.

Verdict that should be revoked “The second-level verdict should be annulled/revoked….  There are precise reasons for revoking it”, Mr Galati went on to say. In the Hellman reasoning report on the verdict with which the second-level judges acquitted the ex-boyfriend and girlfriend “there are so many errors, and many omissions. There is inconsistency in the grounds for judgement, which brings us to nothing.”

“It is as if they had ruled ex novo [anew] on Meredith’s murder” added the Deputy Prosecutor, Giancarlo Costagliola, “basing their decision solely on the arguments of the defence.”

“Normally the appeal judge evaluates the reasoning procedure of the first-instance judge and compares it to new elements. But this one missed that out altogether: there is no comparison between the checks carried out in the first and second instances. Only what was carried out during the appeal was evaluated.”

Only defence arguments were taken heed of For the magistrates, in fact, the second-level judges “took heed, almost exclusively, of the arguments of the defence consultants or the reconstruction hypotheses that were largely to the benefit of the defense theses”.

The prosecutors who authored the appeal [to Cassation] also criticized the “method used”. “The first-instance verdict”, they wrote, “was summarized in just a few lines”,

“The verdict [which we] challenge completely ignored all the other aspects which corresponded with the accusation’s hypothesis, all the aspects which, on the contrary - as was seen in the reasoning report of the first-instance verdict - had been rigorously pointed out and considered by the Assizes Court [trial court] in its decision.”

“In examining the individual [items of] evidence, the challenged sentence has fallen into consistent procedural error in the weaknesses and evident illogicality of the grounds for its decision.”

Prejudice For the General Prosecution magistrates, the second-level [first appeal] judges appear to have shown “a sort of prejudice” with the “infelicitous preamble of the judge [the author], who is supposed to be impartial”, when he declared that “nothing is certain except the death of Meredith Kercher”, which to the others [Mr Galati and Mr Costagliola] is nothing more than “a resounding preview/forecast of the judgement” and a “disconcerting” affirmation.
 
The ten points The reasons for the appeal to Cassation which Perugia’s General Prosecution presented today against the acquittal verdict of Amanda and Raffaele are based on ten points of the second-level verdict.

The first is the lack of grounds for the decision, in the decree of 18 December 2010, to allow the forensic testimony/expert witness in the appeal judgement.

The second, in contrast, concerns a contrary decision: the decision to not allow a new forensic investigation requested by the prosecution at the end of the ruling discussion. In the appeal to Cassation it is written that the Appeal Court’s rejection reveals “contradictoriness/contrariness and demonstrates manifest illogicality in the grounds for the judgement/reasoning report”.

The other points deal with the decision by the Appeal court of Assizes of Perugia to not hear the witness Aviello, also the definition of “unreliable” [in the Hellman Report] with reference to the witnesses Roberto Quintavalle and Antonio Curatolo, also the time of death of Meredith Kercher, also on the genetic investigations.

As well as the analyses of the prints and other traces, also the presence of Amanda and Sollecito in via della Pergola, also the simulation of a crime [the staged break-in], and also the exclusion of the aggravating circumstance of the crime of “calumny”.

Missing assumption/acceptance of decisive evidence In the appeal to Cassation there is also mention of the “missing assumption/acceptance of a decisive proof”

In other words, of that proof [presented at trial court] which consisted of “the carrying out of the genetic analysis on the sample taken from the knife by the experts appointed by the Court during the appeal judgement, who did not carry out the analyses of that sample, thus violating a specific request contained in the [orders given to them] when they were assigned to the expert-witness post”

“In the second-level [Hellman] verdict”, the magistrates said, “the judges sought to refer to this in their own way, by speaking of an “experimental method” by which these tests/checks could be carried out.

But this is not the case”, said Deputy Chief Prosecutor Giancarlo Costagliola: “Dr Novelli [the prosecution’s DNA consultant at appeal] spoke of cutting-edge technology, not of experimental methods”.

So Dr Galati, himself formerly a deputy chief prosecutor at the Supreme Court who for years handled nothing but Supreme Court cases and knows what constitutes a sound appeal argument, argued that Judge Hellman had made ten serious mistakes. (Aviello claimed in court that he had been bribed; instead of investigating, Judge Hellman very quickly move on.)

But even worse, that Judge Hellman had illegally vastly expanded the scope of the appeal. And he had illegally appointed the independent DNA experts.

Because of Hellman’s alleged sloppiness and overreach, the defenses now stood to lose EVERYTHING they thought they had gained - and had been so noisily jubilant about, especially to the media in the US. An arrogance not taken kindly to in Italy at all.


5. Fast forward to English language press reports of the past few days.

Nick Squires may have been the first to carry the report quoting unnamed sources in the Daily Telegraph.

Two prosecutors in Perugia, where Miss Kercher was murdered, face accusations of wasting 182,000 euros (£150,000) of public money by commissioning a controversial 3D video which purported to show how the murder unfolded.

The contentious video, which defence lawyers said was based on circumstantial evidence, showed Miss Kercher being held down and stabbed to death by Miss Knox and her two co-accused.

The Leeds University student and her alleged murderers were represented in the 20 minute film by animated ‘avatars’. It was played on a big screen to the judge and jury in the original trial in 2009.

The National Audit Office is now investigating the prosecutors, Giuliano Mignini and his deputy, Manuela Comodi, on whether the video was a necessary part of their case.

If found culpable they could have to pay the money back to the prosecutors’ office.

Really? Accusations? Wasting? Controversial? Purported? Contentious? Now investigating?

Note that Nick Squires didnt name his sources. He didnt explain why he claimed the video simulation was controversial. (It wasn’t at all controversial at trial in 2009.) He didnt seem to know who had made the accusations or how or when they had been made or to who. 

He failed to mention that the video was played behind closed doors, and that the defenses had no comeback to it. He said it depicted Knox, though in fact it deliberately didn’t. He didn’t explain that the depiction of the fight lasted 15 minutes. He didn’t explain that the depiction of three attackers was overwhelmingly convincing to Judge Massei and his jury.

Nick Squires’s report was nevertheless comparatively brief and restrained in contrast to that of Michael Day which came next. His very much embroidered version was published in the UK Independent.  The accusatory tone and serious charges in Nick Squires’s and Michael Day’s reports were then picked up without checking by a large number of American and European media outlets.

See the reports here and here and here and here and here and here and here .

Note that not one of these reports was checked out in Italy, and that all these reports slam Mr Mignini (yet again) and indicate that this was an OFFICIAL accusation of “wasting public funds”.  Many US reports wrongly state that the British audit office is investigating.

Michael Day claimed that “Agostino Chiappiniello has said he suspects the two of inappropriately spending €182,000 (£148,000) on a crude and cartoonish 20-minute video,” 

Really? Agostino Chiappiniello, did you tell Michael Day precisely that?

Michael Day then states that “In both trials [Mr Mignini’s ] interventions were notable for the outlandish motivations and personality traits he attributed to the defendants. He promoted the idea that the murder was the result of a sex-game that got out of control, despite having little or no evidence to support the theory.”

Really? Actually Guede and Knox and Sollecito were all CONVICTED of a sex crime at trial, because to their judges and juries that is what the evidence inescapably pointed to.

And Michael Day concludes with yet another misleading statement (see above on Dr Galati’s appeal for the correct facts which he seriously garbles here.):

Judges at the Cassation court may only overturn the first-appeal verdict on technical grounds. Thus, no new evidence may be introduced and the prosecution’s room for manoeuvre is limited. The pair could not be retried for the same crimes.

Really? But nobody is talking about the pair being retried for the same crimes. This does not arise. Under Italian law they STILL stand accused of the same crimes as they were before trial back in 2009 until the Supreme Court signs off on their case.


6. Fast-forward to the ITALIAN reports of the past two days

Translation by our main poster Jools from an Umbria24 report, posted on Wednesday, which tells a very different story. 

[There was several months ago]”¦ a complaint from “a group of private citizens” who did not sign their names and surnames about an alleged misuse of public money….

No comment from the two prosecutors of Perugia, no comment on this news.

As we have learned the prosecutors have not received any legal papers regarding the investigation and they heard of the news from the press.

Who will pay? To decide if the expense was adequate for the State coffers will be the task of the prosecutor at the Court of Audits of Umbria.

Meanwhile if the Supreme Court were to overturn the judgment of the Perugia appellate court, the costs would be paid by the two accused [Knox and Sollecito].

If instead the Supreme Court were to confirm the acquittal, the bill for 182 thousand euros would be borne by the Italian State.

7. In summation

Quite a fizzle. The prosecutors are NOT quaking in their boots. They didnt even know about it.  And the full force of Italian justice does NOT have them under the microscope. 

• The anonymous complaint was filed over two months ago.  Nick Squires and Michael Day sure did not make that clear.
• If the enquiry is actually pursued (not at all certain)  then it is Amanda Knox and Raffaele Sollecito who could in fact be stuck for the costs (plus VAT) of producing the video. Nick Squires and Michael Day sure did not make that clear.
• The Corte dei Conti is not the equivalent of a criminal or civic court, it is essentially an investigating tribunal. Nick Squires and Michael Day sure did not make that clear.
• The Corte dei Conti has so far not accused anyone of anything, and it may never do so. It sure doesn’t seem to regard the matter as urgent. Nick Squires and Michael Day sure did not make that clear.
• In fact it has taken over two months to, well… not even assemble the evidence or bother to get in touch with Mr Mignini or Ms Comodi. Nick Squires and Michael Day sure did not make that clear.

On the same basis Judge Hellman could in theory be accused of incurring TWO huge cost over-runs.

• One for running his appeal court only on saturdays to suit just one defense lawyer, when the overtime costs to Italy became huge - substantially more than the cost of the video. Nick Squires and Michael Day sure did not make that clear.
• And one for (according to Dr Galati) illegally appointing the two DNA consultants - the costs of that investigation to Italy became much more than the cost of the video. Nick Squires and Michael Day sure did not make that clear.

The reconstruction video is so powerful and accurate that it could,  if it is watched by the Supreme Court in Rome or a new appeal court in Perugia, be quite devastating to the defense of the two accused. This is because it depicts the full cruelty of the attack on Meredith - and it shows that THREE people had to have attacked her.

So who filed the anonymous complaint against Mr Mignini and Ms Comodi? And who used Nick Squires and Michael Day as puppets to make a private claim look official, and make that hoax go viral?  We are sure Dr Galati will have all the answers before many days go past. Calunnia charges might apply.

Someone must REALLY fear that Sollecito and Knox will be cooked if that video reconstruction ever gets shown again. Case closed? At one stroke.


[Below: Knox and Sollecito, who could be billed over $300,000 for the reconstruction video]

Tuesday, April 10, 2012

My Letter To Claire Wachtell of HarperCollins Protesting How Distasteful Knox’s Book Promises To Be

Posted by mimi

Ms Claire Wachtell
HarperCollins Publishers
10 East 53rd Street
New York NY 10022

Dear Ms. Wachtel,

I am guessing, and in fact hoping, that you are receiving many letters similar in content to the one I am about to write. I hope, also, that you have been inspired by these letters to look further into the matter of Meredith Kercher’s cruel and untimely death, and at the bizarre and disrespectful behaviour of her flatmate and purported friend, in the hours subsequent to Ms. Kercher’s murder.

None of us witnessed the attack - had we been there, we would surely have intervened on her behalf - and, therefore, we cannot absolutely finger Ms. Knox and/or her “boyfriend” as the attackers, in spite of a curious amount of suggestive and incriminating circumstantial and physical evidence.

We can, however, express our considerable distaste at the idea of Ms. Knox benefitting financially from exploiting the sordid tale of a misadventure that resulted purely from her own irresponsible and reckless behaviour. Please consider:

• She arrived in Europe and proceeded to revel in her newfound sexual identity, indiscriminately associating with men unfamiliar to her flatmates. She behaved without consideration for her own safety, let alone theirs. She laughed off their concern as prudishness.
• With her “boyfriend” (the term could only be taken in the loosest sense, as she had met him barely a week before the murder), she proceeded to experiment with narcotics, to the extent that she apparently believed that to tell the police investigating a vicious murder which took place in the bedroom adjacent to her own, that she was “too stoned too remember” her whereabouts or actions, was a wise course to take.
• While Meredith’s tortured body lay upon a cold slab in the coroner’s, Ms. Knox saw it as fitting conduct to galavant about a lingerie shop with her “boyfriend”, holding up g-strings and giggling about wild sex. She absented herself from a candlelight memorial held for Meredith, attended, respectfully, by close friends as well as people who certainly had less of a personal connection to the slain woman than did her own flatmate. She concocted ridiculous and contradictory accounts, both for the increasingly frustrated police and for friends, family and acquaintances back home (in a 4 page email, which I highly recommend you read), which not only illustrated her callous disregard for Meredith and of the seriousness of her own situation, but pointed to clues as to her involvement.
• She had no one but herself to blame for her repeated questioning and subsequent arrest. Had she behaved like any normal person (and one need only look to the plentiful examples of Meredith’s other friends and neighbours in Perugia for inspiration: Filomena Romanelli, Laura Mezzetti, Giacomo Silenzi, Robyn Butterworth, Sophie Purton, Amy Frost, Samantha Roddenhurst, all of whom were aghast at Knox’s coldness) she had ample opportunity to say,“Please, I am upset, I’m in shock; someone was stabbed and left to die in the room right next to mine! I don’t know who it was, but, dear god, it was not me!” Instead, she made up stories about mops and doors that were normally locked or unlocked, about being terrified of her employer whom she had described only days earlier as being a kind and good person. She sat in the police station with her lover of the week, and in whispers tried to incriminate other acquaintances - anyone they could throw to the wolves to save their own hides.
• The DNA evidence may not have been abundant, but it was ample and most certainly was not absent. Their lies were indeed abundant, contradicting not only one another’s alibi accounts but their own. The circumstantial evidence against them is most disturbing.
• Despicable only in second place to the behaviour of Ms. Knox and Mr. Sollecito was the conduct of their immediate families, subsequent to their understandable arrest.

I live in West Seattle and have witnessed firsthand the distasteful circus that was the Gogerty-Marriott PR circus designed to recreate Amanda Knox as the Ivory Snow Girl, while grinding Meredith Kercher, who deserved nothing she suffered on 1 November 2007, into utter obscurity.

The Sollecitos went even lower than paying a set of spin doctors, when they released forensic video footage of the crime scene, including unmistakable images of the victim’s nude and battered body, to the Bari television network, Telenorba, which proceeded to air the footage several times. Imagine how you would feel, as the parent, sibling, or friend of a young stabbed, strangled and sexually violated individual, to learn that this is her only value to the world after her death. Shock entertainment to a television viewing audience?

So, having read this, I ask you, honestly, what is the value to the world of a ghostwritten (as she lacks the ability to compose a coherent sentence, unaided) memoir by Amanda Knox?

• She can’t tell us what we want to know about Meredith’s final hours (unless she wishes to revert to the alibi version in which she WAS at the cottage, blocking out the screams).
• She wouldn’t have the nerve, four years on, to suddenly gush on again over how horrible it must have been for Meredith, how terrifying and agonising to be mutilated in such a manner, and left to die without hope of attracting attention or alerting aid from outside her bedroom walls.
• She wouldn’t have the gall to offer her condolences to the Kerchers within the same covers of a volume whose main thrust is to whine to the world about how miserable it was to spend 4 years in prison because her brain was so addled by narcotics she was unable, throughout her police and courtroom questioning, to come up with a scenario that made one iota of sense.

I don’t know your opinion on her conviction, which, until the Supreme Court has rendered a decision, still stands, but I sincerely hope that you are not viewing this book project as an enjoyable opportunity to work with an ebullient and bright Amanda Knox, or, worse, to put the “real truth” before the public.

In either case, I fear you will be gravely disappointed and sorrowfully mistaken.

Yours, Mimi (full name in the original)

[Below: the seemingly hornswoggled Jonathan Burnham and Claire Wachtell of the HarperCollins house]