Category: Hoaxers from 2007

Thursday, May 28, 2009

The Damage That Is Now Flowing From A Needlessly Hard-Line PR Campaign

Posted by Peter Quennell

Click above for Andrea Vogt’s extraordinary report in today’s online Seattle Post-Intelligencer.

Added: Also, in case it scrolls away, this valuable take is copied here.

Police are investigating complaints from a Seattle woman who says she was intimidated and threatened online because of comments she made about the Amanda Knox case.

The unredacted Seattle Police Department report, obtained by seattlepi.com, names a primary suspect and quotes the woman as saying that that the suspect “is engaging in tactics meant to intimidate,” along with “the tacit consent” of Knox’s stepfather, Chris Mellas. The report names Mellas, but he is not a suspect.

According to the report, the tactics include “veiled threats” and attempts to disable a Web site dedicated to the criminal case in Perugia, Italy.

The development marks an escalation in a ferocious “blog war” that has been brewing for more than a year as Knox faced a murder charge, then went on trial. The blog war has recently become particularly vicious and personal in Knox’s hometown of Seattle.

The battle in the blogosphere has divided the online community into two factions: those who question Knox’s innocence, and those who do not. In Italy, the media have dubbed them “innocentisti and colpevolisti,” or “the innocents and the guilties.”

Knox and her Italian ex-boyfriend, Raffaele Sollecito, are currently standing trial in Perugia for the slaying of Meredith Kercher. Kercher, a college student from England, was studying in Italy, as was Knox, a University of Washington student. The two shared an apartment.

Seattle police Sgt. Mark Worstman has confirmed that an investigation into cyber-harassment is still open and cautioned those who are concerned for their security to consider avoiding online debates and community forums where aggressive behavior is being allowed.

When seattlepi.com interviewed him, Mellas denied any involvement and said he is not connected to and does not know the person named in the complaint. In fact, he said he and his family also have been harassed online.

“I have not approved or disapproved because I don’t have any part to play in it,” said Mellas, who is a computer-network manager at Bellevue-based real estate development company.

“There’s a bunch of idiots on both sides of this whole silly blogworld. It has degenerated beyond belief, and frankly an article that is going to highlight this is only going to make it worse. But I don’t really care, because I don’t pay attention to it,” Mellas said.

Seattlepi.com is not naming the suspect because he has not been charged with any crime. He did not respond to seattlepi.com efforts to reach him by phone or by the e-mail addresses listed in the police report.

West Seattle resident and professional translator Peggy Ganong, who moderates the discussion site Perugia Murder File under the online name “Skeptical Bystander,” complained to police two months ago, saying she was being harassed for her involvement and for comments she has posted on sites that question Knox’s innocence.

“I am supposed to somehow get behind the home team. It is as simple as that,” said Ganong, who lives just a few blocks from the Mellas and Knox families. “But I had ongoing doubts, I continued to express that opinion, and that’s when I became a target. But the fact that it has spilled over into real life, well there’s something scary and terribly wrong about it.” The sites that question Knox’s innocence and defend court proceedings in Perugia are Perugia Murder File, a discussion board co-moderated by Ganong, and True Justice for Meredith Kercher, founded last September by New Jersey financier Peter Quennell.

“The True Justice site was created because Kercher had become so intensely forgotten, as the huge and well-funded effort gathered speed to paint Knox as the ‘real’ victim,” Quennell said. Quennell said more than 20,000 people have visited his site.

A number of individual bloggers also write about the case. There are two main blogs in defense of Knox. One is Italian Woman at the Table, a seattlepi.com reader blog by Seattle freelance writer Candace Dempsey. Dempsey’s blog was initially about cooking but added true crime to its menu as the debate picked up steam.

Dempsey was one of the first U.S. bloggers to post key court documents. She is now writing a book on the case. The other defense site is Perugia Shock, the first blog about the case, which started Nov. 2, 2007. Perugia Shock’s comment threads are home to some of the most heated Knox-related exchanges online.

Perugia Shock is hosted on a California server and financed by an American firm, according to the Perugia-based blogger who covers the case and operates the site under the alias “Frank Sfarzo” (a stage name, real name Sforza).

While fans say his blog poses alternative theories rarely discussed in the mainstream media, critics say his minimalist moderation results in an out-of-control comment section where posters “out” those who wish to remain anonymous, track their ISP addresses to reveal their physical locations, pose as people they are not—someone posted as Kercher, the victim, once—and make threatening posts about each other, as well as about the major players in the case, including Knox, her family, journalists, lawyers and prosecutors.

“Sometimes I briefly let my guard down, but I try to cancel when the comments are offensive or if people request it,” he told seattlepi.com.

While Italian Woman at the Table and Perugia Murder File require registration to post, Perugia Shock allows anonymous postings. There, people who leave anonymous comments have launched threats and accusations that cut both ways. A number of women associated with this case have been attacked online, not only for their opinions, but also for real or imagined physical traits.

Ganong and Seattle trial lawyer Anne Bremner have been targeted with a particular zeal, although Bremner said the positive feedback she has received has far outweighed the catty remarks. Ganong chalks it up to the fact that they are both outspoken, albeit on different levels. Bremner has appeared regularly on national television as a legal analyst for high-profile cases such as Scott Peterson, Michael Jackson and Mary Letourneau. On this case, she has been a vocal supporter of Knox, posted a letter on Perugia Shock and often represents the ad hoc Friends of Amanda group in media appearances.

“I am not a public personality,” Ganong said, “but I do somehow represent the other side—this whole other class of people in Seattle who are not on the bandwagon and are not buying the ‘railroad job from hell”’ argument that Knox is being wrongly prosecuted. Ganong told seattlepi.com that it wasn’t just months of targeted, rude remarks that pushed her to file the report. She finally went to police after posters published her husband’s first and last name, the approximate location of their home, information about their family life, as well as shopping and personal habits, much of which had been gleaned from public-records searches, Facebook and other online portals.

Before filing the report, she repeatedly requested that the profane comments and posting of personal information stop. Her exasperated husband, a Seattle accountant, even met Mellas for a beer in a Seattle tavern to talk face-to-face about various messages that had been posted.

But Mellas said he had no control over the blogosphere and actually had much bigger things to worry about.

“I told him I have nothing to do with it. I said proceed with whatever it is you are doing, find out who it is and at that point you’ll know I am not doing anything, and it is not coming from my network either, as far as I know,” said Mellas, who helps manage a network with more than 400 computer users. “Granted, I don’t sit around all day and audit all the network traffic.”

“Those people are not going to get the answer until they get the authorities involved and get some logged ISPs and find out where it is really coming from. I hope that when they do that they make that known.”

It is not the first time Mellas’ name has surfaced in a blogging controversy, however.

Before Perugia Murder File existed in its current form, it was moderated as a message board called The True Crime Weblog Message Board by one of the nation’s foremost true crime bloggers, Steve Huff. Huff now blogs professionally for the Village Voice Media’s True Crime Report. At one point the posts became so aggressive that Huff decided to do something he rarely does—post the IP address of the person commenting. The IP traced to a block of IP addresses managed by Mellas, and Huff took him to task publicly, claiming he had written or authorized the comments himself. Mellas, however, says that his work as a network manager overseeing an IP gateway means several hundred people are using computers (and IP addresses) that are linked to his name. He said someone could easily be impersonating him, pretending he or she is associated with him or writing messages without his knowledge, since several hundred people could access the Internet using the block of IP addresses he manages. An Internet Protocol address is an identifying number assigned to computers participating in an internet network.

Huff said one of the intimidating private messages accusing him of slander was sent to him via the contact form by “Mr. Anonymous,” who claimed to own the e-mail .(JavaScript must be enabled to view this email address).

The contact form captured the IP address of the sender and was traced to a block of Internet Protocol addresses managed by Mellas, Huff said. While the message could have from anyone within his large network, Huff said he believes it was sent or approved by Mellas.

A similar address, .(JavaScript must be enabled to view this email address), which is cited in the police report, was also used to send two vulgar messages to a Newsweek reporter covering the case in Perugia. The message, sent from a Blackberry device, ended with the postscript, “You sound like you were abused as a child.”

According to Ganong, the threats online and to her own personal inbox are originating from the same Hotmail and Gmail addresses.

Another Seattle area couple, Kathleen and Randy Jackson, are also considering filing police reports. Both post under aliases on the Perugia Murder File site and have been criticized for attending a recent fund-raiser for Knox. Jackson, who said she is a former victim of sexual assault, said she went to the event because she felt Kercher’s memory was being overlooked in the effort to raise money for Knox.

“It had been announced everywhere as this high-profile fund-raiser, so I wanted to go where this big news was happening and show a different side of Seattle, because I grew up there, and I was embarrassed,” Kathleen Jackson said.

But after the couple did an interview on a local Seattle television station covering the event, the negative attention grew fiercer, but oddly, just toward Kathleen, who posts on Perugia Murder File as “Professor Snape.” Randy, an educational technology professional at the University of Washington who posts as “Fly By Night,” is just as active on the forum. “Both Kathleen and I talked to the reporter, but only she’s been called out,” Randy Jackson said. “These individuals seem to more frequently target women.”

Kathleen Jackson said using an anonymous online identity allowed her to express her strong views on the case. But when other anonymous posters began speculating about where she lived and worked, she began having second thoughts.

“Now that they want to find out who we are and tell the whole world, well, why do they want to do that?” she said. “I think they are trying to intimidate us to stop posting.” Supporters of Knox also have been targeted. Participants at Italian Woman at the Table spar, but controversial comments are often resolved briskly with Dempsey’s delete key. Until she began requiring commenters to register, she says, she received chilling death threats from anonymous posters certain of Knox’s guilt. Posters have inaccurately described her credentials, said Dempsey, and “outed” personal information about her family.

After seeking advice from local police, she implemented behind-the-scenes safety measures, but has not filed a formal report. Dempsey warned that those who blog using their real name should expect to have their privacy violated on the “no-rules Internet.” “Anybody who writes about a murder case will attract angry posters who are sure they know who did it,” she said.

That is exactly what happened to Huff, who decided it wasn’t an online community he wanted to court. “I’ve been a little shocked—but not that shocked—all along at the way the Knox/Kercher case has broken down to something more akin to a pitched political argument than a debate about a terrible, violent crime and the possible guilt of one of the accused,” Huff told seattlepi.com in an e-mail. He’s been particularly surprised by the network newsmagazines’ “pro-active efforts” to smear the prosecutor while painting Knox as “some innocent pixie college girl.” “There’s some larger statement afoot in that about American views and our culture of looks over authenticity, in my opinion,” Huff said. Huff said his opinion about guilt or innocence in the case is still flexible—he can see both sides and thinks the case could go either way, but the vicious online harassment—present from the onset but particularly intense just prior to the start of the trial—prompted him to dial back his participation.

“It was so pervasive and distasteful to me that as a blogger and now as a journalist I’ve all but washed my hands of covering the case,” Huff said.

A number of individual bloggers also write about the case. There are two main blogs in defense of Knox. One is Italian Woman at the Table, a seattlepi.com reader blog by Seattle freelance writer Candace Dempsey. Dempsey’s blog was initially about cooking but added true crime to its menu as the debate picked up steam.

Dempsey was one of the first U.S. bloggers to post key court documents. She is now writing a book on the case. The other defense site is Perugia Shock, the first blog about the case, which started Nov. 2, 2007. Perugia Shock’s comment threads are home to some of the most heated Knox-related exchanges online.

Perugia Shock is hosted on a California server and financed by an American firm, according to the Perugia-based blogger who covers the case and operates the site under the alias “Frank Sfarzo.”

While fans say his blog poses alternative theories rarely discussed in the mainstream media, critics say his minimalist moderation results in an out-of-control comment section where posters “out” those who wish to remain anonymous, track their ISP addresses to reveal their physical locations, pose as people they are not—someone posted as Kercher, the victim, once—and make threatening posts about each other, as well as about the major players in the case, including Knox, her family, journalists, lawyers and prosecutors.

“Sometimes I briefly let my guard down, but I try to cancel when the comments are offensive or if people request it,” he told seattlepi.com.

While Italian Woman at the Table and Perugia Murder File require registration to post, Perugia Shock allows anonymous postings. There, people who leave anonymous comments have launched threats and accusations that cut both ways. A number of women associated with this case have been attacked online, not only for their opinions, but also for real or imagined physical traits.

Ganong and Seattle trial lawyer Anne Bremner have been targeted with a particular zeal, although Bremner said the positive feedback she has received has far outweighed the catty remarks. Ganong chalks it up to the fact that they are both outspoken, albeit on different levels. Bremner has appeared regularly on national television as a legal analyst for high-profile cases such as Scott Peterson, Michael Jackson and Mary Letourneau. On this case, she has been a vocal supporter of Knox, posted a letter on Perugia Shock and often represents the ad hoc Friends of Amanda group in media appearances.

“I am not a public personality,” Ganong said, “but I do somehow represent the other side—this whole other class of people in Seattle who are not on the bandwagon and are not buying the ‘railroad job from hell”’ argument that Knox is being wrongly prosecuted. Ganong told seattlepi.com that it wasn’t just months of targeted, rude remarks that pushed her to file the report. She finally went to police after posters published her husband’s first and last name, the approximate location of their home, information about their family life, as well as shopping and personal habits, much of which had been gleaned from public-records searches, Facebook and other online portals.

Before filing the report, she repeatedly requested that the profane comments and posting of personal information stop. Her exasperated husband, a Seattle accountant, even met Mellas for a beer in a Seattle tavern to talk face-to-face about various messages that had been posted.

But Mellas said he had no control over the blogosphere and actually had much bigger things to worry about.

“I told him I have nothing to do with it. I said proceed with whatever it is you are doing, find out who it is and at that point you’ll know I am not doing anything, and it is not coming from my network either, as far as I know,” said Mellas, who helps manage a network with more than 400 computer users. “Granted, I don’t sit around all day and audit all the network traffic.”

“Those people are not going to get the answer until they get the authorities involved and get some logged ISPs and find out where it is really coming from. I hope that when they do that they make that known.”

It is not the first time Mellas’ name has surfaced in a blogging controversy, however.

Before Perugia Murder File existed in its current form, it was moderated as a message board called The True Crime Weblog Message Board by one of the nation’s foremost true crime bloggers, Steve Huff. Huff now blogs professionally for the Village Voice Media’s True Crime Report. At one point the posts became so aggressive that Huff decided to do something he rarely does—post the IP address of the person commenting. The IP traced to a block of IP addresses managed by Mellas, and Huff took him to task publicly, claiming he had written or authorized the comments himself. Mellas, however, says that his work as a network manager overseeing an IP gateway means several hundred people are using computers (and IP addresses) that are linked to his name. He said someone could easily be impersonating him, pretending he or she is associated with him or writing messages without his knowledge, since several hundred people could access the Internet using the block of IP addresses he manages. An Internet Protocol address is an identifying number assigned to computers participating in an internet network.

Huff said one of the intimidating private messages accusing him of slander was sent to him via the contact form by “Mr. Anonymous,” who claimed to own the e-mail .(JavaScript must be enabled to view this email address).

The contact form captured the IP address of the sender and was traced to a block of Internet Protocol addresses managed by Mellas, Huff said. While the message could have from anyone within his large network, Huff said he believes it was sent or approved by Mellas.

A similar address, .(JavaScript must be enabled to view this email address), which is cited in the police report, was also used to send two vulgar messages to a Newsweek reporter covering the case in Perugia. The message, sent from a Blackberry device, ended with the postscript, “You sound like you were abused as a child.”

According to Ganong, the threats online and to her own personal inbox are originating from the same Hotmail and Gmail addresses.

Another Seattle area couple, Kathleen and Randy Jackson, are also considering filing police reports. Both post under aliases on the Perugia Murder File site and have been criticized for attending a recent fund-raiser for Knox. Jackson, who said she is a former victim of sexual assault, said she went to the event because she felt Kercher’s memory was being overlooked in the effort to raise money for Knox.

“It had been announced everywhere as this high-profile fund-raiser, so I wanted to go where this big news was happening and show a different side of Seattle, because I grew up there, and I was embarrassed,” Kathleen Jackson said.

But after the couple did an interview on a local Seattle television station covering the event, the negative attention grew fiercer, but oddly, just toward Kathleen, who posts on Perugia Murder File as “Professor Snape.” Randy, an educational technology professional at the University of Washington who posts as “Fly By Night,” is just as active on the forum. “Both Kathleen and I talked to the reporter, but only she’s been called out,” Randy Jackson said. “These individuals seem to more frequently target women.”

Kathleen Jackson said using an anonymous online identity allowed her to express her strong views on the case. But when other anonymous posters began speculating about where she lived and worked, she began having second thoughts.

“Now that they want to find out who we are and tell the whole world, well, why do they want to do that?” she said. “I think they are trying to intimidate us to stop posting.” Supporters of Knox also have been targeted. Participants at Italian Woman at the Table spar, but controversial comments are often resolved briskly with Dempsey’s delete key. Until she began requiring commenters to register, she says, she received chilling death threats from anonymous posters certain of Knox’s guilt. Posters have inaccurately described her credentials, said Dempsey, and “outed” personal information about her family.

After seeking advice from local police, she implemented behind-the-scenes safety measures, but has not filed a formal report. Dempsey warned that those who blog using their real name should expect to have their privacy violated on the “no-rules Internet.” “Anybody who writes about a murder case will attract angry posters who are sure they know who did it,” she said.

That is exactly what happened to Huff, who decided it wasn’t an online community he wanted to court. “I’ve been a little shocked—but not that shocked—all along at the way the Knox/Kercher case has broken down to something more akin to a pitched political argument than a debate about a terrible, violent crime and the possible guilt of one of the accused,” Huff told seattlepi.com in an e-mail. He’s been particularly surprised by the network newsmagazines’ “pro-active efforts” to smear the prosecutor while painting Knox as “some innocent pixie college girl.” “There’s some larger statement afoot in that about American views and our culture of looks over authenticity, in my opinion,” Huff said. Huff said his opinion about guilt or innocence in the case is still flexible—he can see both sides and thinks the case could go either way, but the vicious online harassment—present from the onset but particularly intense just prior to the start of the trial—prompted him to dial back his participation.

“It was so pervasive and distasteful to me that as a blogger and now as a journalist I’ve all but washed my hands of covering the case,” Huff said.

Thursday, April 02, 2009

Sollecito Family Charges Likely For Callous Disrespecting By PR Of Meredith EDIT

Posted by Jools

[above: the Telenorba reporter who may soon be among those facing charges]

1. Alleged Crime In Summary

Raffaele Sollecito comes from Bari in south-east Italy.

Precisely one year ago, the local Bari TV station Telenorba did the almost unthinkable.
It broadcast some crime-scene video of Meredith. They showed her lying half-naked on her back on the floor, with the wounds to her throat clearly visible.

The footage was then picked up by the Italian state broadcaster, RAI, and it was rebroadcast a number of times.  Still shots ended up in a number of newspapers. And a video of the broadcast ended up on YouTube where (as of this morning) it still remains.

All of which now appears likely to attract numerous criminal charges.

2. As Reported In London Times

Here is Richard Owen of the London Times describing the broadcast one year ago.

Relatives of Meredith Kercher, the British student murdered in Perugia in November, were said to be shocked and distressed last night after images of her bloodied corpse were broadcast on Italian television…

Telenorba, which showed the footage late at night, warned viewers that it was disturbing and suitable only for adults. It showed police scientists in white protective clothing pulling back the duvet to reveal Ms Kercher’s body and slashed throat, and turning the corpse over to examine her bloodied back.

Her eyes were covered by a mask. RAI did not include this part of the footage in its news broadcasts.

3. As Reported In Daily Mail

Here is the report in the Daily Mail also one year ago.

The Kerchers’ lawyer, Francesco Maresca, said: “This is an example of gross journalistic misconduct, which evidently violates all the rules of how to report a story….

Anna Maria Ferretti, the director of the leading Italian TV programme Antenna Sud, said: “For five minutes of television, the ultimate taboo has been broken without any shame.”

Italy’s Order of Journalists has asked for the video to be confiscated so that it is not shown again and a repeat of the programme that had been due to air on Tuesday night was cancelled…

Enzo Magistra, the editor of the programme, defended the show and insisted it had not meant to cause offence.

He said: “When I decided to transmit the images of Meredith’s corpse, I did not have the least intention of violating anyone’s dignity, but merely to do my job with respect to an important event.”

4. Findings Of Investigation

Sparked by a complaint from Mr Maresca for the Kerchers, the Perugia prosecutor initiated a one-year investigation.

And yesterday the outcome was announced. This is a translation of the report in La Nazione.

The prosecutor of Perugia has served notice of the completion of four investigations into Raffaele Sollecito’s family members and two journalists of the TV station Telenorba on the transmission of a forensic video in which the body of Meredith Kercher wa shown…

The report on the investigations (usually a prelude to a request for trial) indicates crimes were committed of defamation, invasion of privacy, publication of arbitrary acts of investigation and publication of gruesome acts.

According to the reconstruction by the Perugia prosecutor, the father and sister of Raphael Sollecito had legitimately obtained the scientific survey of the police, and had then illegally provided it to Telemundo.

The report also cites a journalist and the editor of Panorama for the publication of an article in which they reported that blood samples from Meredith had revealed an alcohol concentration above the legal norm - implying she was drunk when she was killed. This claim was proved a lie in the course of the forensic tests.

And this is a translation from the AGI news-service website.

Eight “notices of termination of the investigations” have been reported by the public prosecutor of Perugia…  Four Sollecito family members, the TV journalist on Telenorba and the director of the station, are accused of the crimes of defamation, invasion of privacy, publication of documents during the investigation, and publication of gruesome acts….

According to the reconstruction, the Sollecito family members delivered to Telenorba the video and photos of the crime scene survey carried out by the forensic team on November 2 of 2007 in Meredith’s house. Telenorba then put the material on the air.

Other investigations are on-going.

5. Graphic Evidence On YouTube

The YouTube video of the Telenoirba broadcast as of this morning had had over 9,000 looks.

It is in an area for adults only, and it requires registration to get in.

Notwithstanding, these are typical of the angry comments in Italian that appear right under the video.

This video is a disgrace to every individual. There’s a girl who is no more, a family suffering for this, and now has to suffer public humiliation ... Let us never forget that the right to dignity and decency of the victims, especially if already dead.
*********
The video should be removed. The right to record is in conflict with the respect and devotion of the deceased. The publication of such images add nothing to the journalistic chronicle

Lawyer Maresca at left here

6. Good Battling By Dr Maresca

Dr Maresca is in legal practice in Florence. He appears to us to have fought hard for the rights of Meredith and the Kerchers.

He put the case for a closed trial (which the Knox and Sollecito forces bitterly fought) and he won the court’s agreement that the most disturbing segments at least would be closed to the journalists and the public. 

Here is the Times report on his battle then with the defendants’ families.

Mr Maresca said Italian law provided for trials in cases of sexual violence to be closed to the public, at the discretion of the judge. He said that showing graphic photographs and video footage of Ms Kercher’s body and the murder scene in open court could do injury to her memory.

Mr Maresca said that 280 journalists had been accredited for the pre-trial hearings, which were held in camera. This led to reporters and photographers trying to snatch pictures of the accused as they arrived and left the court, with defence lawyers and prosecutors besieged by the media outside the courtroom.

And to counteract the massive and pervasive spin being put on every development in the trial, Mr Maresca has been sharp and outspoken on what the growing body of evidence implies.

Other apparent attempts by the Sollecito family to interfere with the course of justice, as suggested in telephone intercepts, are still being investigated by the Perugia prosecutor. Mr Mignini is famous in Italy for fighting for victims’ rights to the maximum.

Mr Maresca is clearly doing a fine job in protecting Meredith’s dignity and the peace of mind of her poor family. And this throws a major shot across the bows of the families of the defendants, if they incline to further disparaging of Meredith.

Friday, March 06, 2009

Patrick Lumumba Seeks Damages For His Time In The Big House

Posted by Peter Quennell

Click above for the story.

Knox is being tried on a charge of calunnia for her false implication of Patrick (see an explanation of calunnia at bottom). Patrick was of course the owner of the Le Chic bar, now closed because of the heap of trouble that his former waitress Amanda Knox dropped on his head.

He was held in Capanne Prison for about two weeks as a suspect, after she alleged (voluntarily, in writing) that she had seen him in the house on the night of the crime. And heard Meredith’s screams as he committed the murder.

Might he perhaps not have been so ticked if she had recanted the accusation any time in the next two weeks? Maybe. Maybe not. But Knox might easily have done. Nobody was pressuring her to do otherwise.

This seems an open-and-shut case. The evidence is all there. So Knox lives and learns. We hope.

Explanation of calunnia

The charge of calunnia (art. 368) has been commonly translated as “slander” in the English/US media. This translation is incorrect, however, as calunnia is a crime with no direct equivalent in the respective legal systems.

The equivalent of “criminal slander” is diffamazione, which is an attack on someone”Ÿs reputation. Calunnia is the crime of making false criminal accusations against someone whom the accuser knows to be innocent, or to simulate/fabricate false evidence, independently of the credibility/admissibility of the accusation or evidence.

The charges of calunnia and diffamazione are subject to very different jurisprudence. Diffamazione is public and explicit, and is a more minor offence, usually resulting in a fine and only prosecuted if the victim files a complaint, while calunnia can be secret or known only to the authorities. It may consist only of the simulation of clues, and is automatically prosecuted by the judiciary.

The crimes of calunnia and diffamazione are located in different sections of the criminal code: while diffamazione is in the chapter entitled “crimes against honour” in the section of the Code protecting personal liberties, calunnia is discussed in the chapter entitled “crimes against the administration of justice”, in a section that protects public powers.

 

Thursday, February 26, 2009

Cutting Through The Confusion Over Knox’s Status In Perugia

Posted by stewarthome2000

[Shots: School for Foreigners; bottom shot from above Meredith’s house]

The media have now repeated countless times that Amanda Knox was on a “study abroad program”.

In fact, as these things are defined, she was not. It is precisely that she was NOT on a study-abroad program that she was able to adopt a lifestyle that seems to have led her to where she is now.

To go on a study-abroad “program” means that you attend an organized and SUPERVISED curriculum and agenda, most often with peers, faculty and/or at the very least a local administrative staff person assigned to periodically look after the participants’ behavior and well-being.

In fact the University of Washington does not even have a study abroad “program” in Perugia. It merely suggests to UW students that the Universita per Stranieri is a possible destination and place for students to go on their own, and if asked helps out with some administration.

Knox took the “non-conformist” path to study abroad. I recall reading that she did not want to go on a program so as to not follow the group, so to speak. So she did study abroad, but cheaply, and outside an organized program by the University of Washington. She was basically in Perugia on her own.

This is characteristic of at least two type of people, those who are adventurous, exploratory and want a true full-immersion experience into the cultural side of the host country (usually Italian majors), and those who want to be untethered and to have total freedom and no one to answer to so they can do as they wish.

Her casual attitude to her studies and other strong hints in her behavior and writings suggests that she was the latter type.

And presumably her biological parents understood all of this and signed off on it, even before Amanda Knox ever left Seattle.

Parents especially should know that if Knox had attended a UW-operated or US-University run study abroad program with supervision, her attendance in class would have been monitored, and any behavior that would upset roommates may have been reported.

In these programs for the most part there are strict housing rules such as no overnight guests, let alone bringing guys home to sack up with. Most of the time roommates will complain on the spot or get back to the American administrators that they have an out-of-control roommate bringing guys home, drinking excessively, or doing drugs.

In addition, programs with the proper supervision have enough of a presence to let the participants know that someone is at least checking up now and again. And as a result they watch their behavior.

Furthermore, in well-run programs, students are given significant preparation about living in the specific host country and city with pre-departure materials and perhaps meetings, talking with ex-participants, and attending an extensive multi-day orientation where staff and even local police lecture them about the many pitfalls of living in a foreign and new environment away from home.

They are reminded that the laws are different in other countries, and more importantly that there are some bad people walking the streets. They are told to enjoy themselves and learn, but also to be careful, stay alert, stay out of trouble, and so on.

I myself work in study abroad and we know what unleashed unsupervised colleges students get themselves into. We are trained to look for potential problems and we visit all students accommodations at least once per month and speak with everyone there.

We have open-door counseling and professionals with years of experience on staff. We watch out for all our students regularly… we know what behavior to look for, and when to intervene, at least most of the time.

Yes, it costs more to attend the Universita per Stranieri or any overseas university through a US-college or US-university monitored program with local on-site staff and supervision.

But the situation Amanda has created, or at least found herself in, is much less likely to happen to students on a supervised and accredited study abroad program.

Let’s face it, at the age of 20, 21, or 22, many young adults are still really more or less kids. Naive and vulnerable, especially those who have yet to explore their “wild side”, they sometimes see this as an opportunity to make up for lost time.

This is exemplified in the fact that many pass out from drinking in the days after they arrive. Bottom line, they need guidance, and no more so than when they are 8000 miles from home and on their own.

Knox took the “I am too good to go on study abroad program with fellow students” route and the cheapest way overseas.  And it is not proving so cheap anymore.

Her biological parents really should have known better. All parents should either make sure the students are mature enough, or make sure they have a structured environment that can assist them while abroad. It is well worth the extra cost and peace of mind.

So the media should please get this straight from now on.

• Amanda Knox was NOT on a study abroad “program” while in Perugia.  She was at most “studying abroad” as that term is used very loosely.
• She took a leave from the University of Washington to study Italian at what is essentially a glorified language school which anyone can attend.
• She was totally unsupervised in a high-risk situation where it would have seemed obvious to any supervisor that she was looking to break away.
• And she most likely would have had a very difficult time getting any credit for her studies from the University of Washington at the conclusion.

So. The worst possible deal for any student abroad. The parents signed off in advance.  It seems to have exploded on Knox. And poor Meredith died.

Wednesday, February 25, 2009

Understanding Micheli #4: The Faked Crime Scene - Who Returned To Move Meredith?

Posted by Brian S

Here now is the full 2011 Micheli Report kindly translated by Catnip for the Wiki and TJMK.

1. Where We Stand

Just to recap. Judge Micheli presided over Rudy Guede’s trial and sentencing and the final hearing that committed Raffaele Sollecito and Amanda Knox to trial.

Late January he made public the 106-page report that explains the thinking behind both actions. These posts are examining key areas of the report so that we too may decide on the rationales.

2. The Final Position Of The Body

Why this matters so much is that if the evidence holds firm, all by itself it will prove that there was a major rearrangement of the crime scene, to try to throw investigators off the trail.

This is as near to an 80,000 pound gorilla in the room as we are likely to see in this trial. And it may even be on the trial agenda for this coming Friday and Saturday.

Reports by the crime-scene investigators and Dr Lalli are summarised in Judge Micheli’s report. They describe the detail of the scene discovered in Meredith’s room. The investigators measured and photographed the position and state of everything, including blood, as it was in the room before anything was moved.

Amongst the items noted was a white bra. Some parts were soaked in blood, particularly the right shoulder strap and the outside of the left cup. They also noted that a portion of the backstrap with its clasp fixings was missing. Meredith herself was lying on her back midway between the wardrobe and the bed, without her jeans, a pillow under her buttocks and her top rolled up to reveal her chest.

Following this survey, Meredith’s body was then turned and moved by the investigators. This revealed the other items on which her body had lain. A tennis shoe, a white sheet from the bed and a blue zipped top, all with blood stains. Also a green bath towel and an ivory bath towel, both soaked in blood, and underneath the pillow was the missing clasp section of the bra back-strap.

Judge Micheli notes that Amanda’s defence claimed that “the small round spots of blood” apparent on Meredith’s chest indicated that she was not wearing her bra when she was killed. He agreed that it was likely that these spots fell from Meredith’s gasps for breath as she lay on her back after she had been stabbed. However, he could not agree with their conclusion that her bra had been removed before this time, as similar small round spots were also found on Meredith’s bra.

Micheli reasoned that this indicated that Meredith was still wearing her bra as she gasped for breath, but that her top was rolled up and the bra moved also. Thus indicating the sexual nature of the original attack, but also allowing the small round spots to fall on both chest and bra. Furthermore, other blood evidence involving the bra indicated that it wasn’t removed until some time after Meredith had died.

He said that Meredith’s bra was found by investigators away from other possible blood contamination on the floor, near to her feet. Photographs of Meredith’s body show clear white areas where the bra prevented blood from falling onto Merediths body. These white areas corresponded to those areas where blood was found on her bra. This was particularly true in the area of the right shoulder strap which was soaked from the wound to Meredith’s neck.

Micheli said that evidence showed that Meredith had lain on one shoulder near the wardrobe. She lay in that position long enough for the imprint of her shoulder and bra strap to remain fixed in the pool of blood after she was moved to the position in which her body was finally found. Photographs of blood on her shoulder matched the imprint by the wardrobe and her shoulder itself also showed signs that she had remained in that position for some time.

Based on all this, Judge Micheli concluded that there could be no doubt that Meredith’s body was moved away from the wardrobe and her bra removed quite some time after her death.

Neighbor Nara Capezzali had testified that people fled from the cottage within a minute of Meredith’s final scream. There was no time for any alteration of the crime scene in those very few moments.

Judge Micheli asks in his report, who could have returned later and faked the scene which was found? Who later moved Meredith’s body and cut off her bra? He reasons it could only be someone who had an interest in changing what would become a crime scene found at the cottage. Who else but someone who lived there, and who wanted to mislead the coming investigation?

It couldn’t have been Laura, she was in Rome. It couldn’t have been Filomena, she was staying with her boyfriend. It was very unlikely that it was Rudy Guede, all proofs of his presence were left untouched.

The culprits ran from the cottage in different directions and there is no reason to believe they met up again before some or one of them returned. Judge Micheli stated that, in his opinion, this just left Knox who would seem to have an interest in arranging the scene the police would find.

Bloody footprints made visible with luminol in Filomena’s room contain Meredith’s DNA. This indicated to Judge Micheli that the scene in Filomena’s room was also faked after Meredith was killed.

In Micheli’s opinion the scene in Meredith’s room was probably faked to point the finger at Rudy Guede. All evidence related to him was left untouched, and the pillow with a partial palm print was found under Meredith’s repositioned body.

But whoever later arranged that scene in Meredith’s room also unwittingly indicated their own presence at the original sexual assault. Who else could have known that by staging an obvious rape scene, they would inevitably point the investigators towards Rudy’s DNA which they knew could be found in Meredith?

Micheli asks: Seemingly, who else could it have been but Amanda Knox? And this in part is why she was committed to trial, for her defense to contend this evidence.

Friday, February 20, 2009

Daily Mail’s Jan Moir Wants Due Process Respected By Parents

Posted by Peter Quennell

Click above for influential Jan Moir’s full column.

It is mainly about UK cases of parents not respecting the process, but the Knox campaign also gets a mention.

When Amanda Knox was arrested in Italy in connection with the murder of Meredith Kercher, her family began an incantation of her innocence and a blaring defence of her character that continues to this day

The defense PR campaign here seems to be unique in recent United States legal history. Also TV networks paying out very big bucks for exclusives with defendants’ relatives, as was just reported about ABC, seems something of a first here.

Typically the situation is that it is the victim and their relatives who get all the attention. Often on steroids. So it’s perhaps not surprising that Jan Moir is surprised.

The name of the victim here is Meredith, of course.

Thursday, February 12, 2009

BBC Interview: Mignini Comes Across As Fair, Decent, Funny, And Quite Sane

Posted by Peter Quennell

Click above for Julian Joyce’s exclusive interview with Prosecutor Mignini.

This one might have the Salty’s Restaurant crowd grinding their teeth. And Amanda Knox’s own counsel rather relieved.

Note these significant insights into Prosecutor Mignini’s thinking, situation and health.

Giuliano Mignini told the BBC he had “never visited a psychologist” and he was taking legal action against a US paper that carried the allegations.

Mr Mignini also said Ms Knox’s backers were trying to “influence” the trial. Amanda Knox and her Italian boyfriend are accused of the murder of British student Meredith Kercher in 2007…

Mr Mignini said he was “not happy” about a story on the West Seattle Herald’s website last month in which supporters of Amanda Knox say he is believed to be mentally unstable…

No-one at the West Seattle Herald could be reached for comment. Mr Mignini confirmed he has started an action for defamation against the newspaper.

He joked: “I am quite a healthy man. I don’t go to the doctor much and I have never visited a psychologist.”

The allegations are the latest episode in what Mr Mignini believes to be a systematic attempt to discredit him, and thus derail Amanda Knox’s trial.

He said: “These are allegations from 9,000 kilometres away from people who have no knowledge of me and to whom I have never spoken. “I would never give an opinion on someone I know nothing about.

“I regard it as trying to influence the trial. These things might happen in Italy but I really would not expect attempts to influence to come out of the United States.”

Evidence that the trial’s prosecutor is also being targeted by Ms Knox’s supporters appears prominently on the website of Seattle lawyer Anne Bremner, who represents the Friends of Amanda.

They include accusations that he leaked “false information” to the press and that Mr Mignini is under indictment for “abuse of office”. The indictment allegation is understood to refer to a previous case that Mr Mignini investigated in Florence.

But Mr Mignini said it was true that although a Florence prosecutor had brought proceedings against him, another court had already “declared non-existent” the charges of abuse of office.

Mignini is also quoted as being “in thrall to a sort of delirium” in his handling of the Florence case, in which he “fantasized amazing and complex Satanic conspiracies.”

This is believed to be a reference to Mr Mignini’s involvement in an inquiry connected to the infamous “Monster of Florence” serial killings, during which Mr Mignini is said to have consulted an alleged psychic, Gabriella Carlizzi….

But Mr Mignini said he was “not friendly” with Mrs Carlizzi, and did not share her views, even to the point of having her arrested in 2005.

“I have said these things many times to American journalists,” he said. “But there are none so deaf as those who will not hear.”

A systematic attempt to discredit Mr Mignini and thus to derail Amanda Knox’s trial? Well! Who would have thought it.

Now, about that rumored gigantic libel/slander lawsuit that London lawyers would like him to get active…

Tuesday, January 13, 2009

Mr Mignini, Pehaps Keep A Close Eye On This Person, Too

Posted by Peter Quennell

[Amended] That guy on the far left is said to be Frank. We owe you one, Candace. Thanks for the tip.

An email that came in from a trusted source says Frank’s collaboration on the book deal is believed to be dead.

If that really is the case, it is good news, and that is the end of this story. We’ll keep watching, though.

By the way we dont really go looking for stuff on Frank. It just pours in. Perugians seem really ticked at him.

Sunday, November 16, 2008

Hoax: Huge Problem With “There Is No Evidence”

Posted by Peter Quennell

Startling new evidence…

Today reports are surfacing in Italy that a witness (one of the hidden 100) seems to have seen Amanda Knox in this Conad supermarket (lower right and below) at 7:45 on the morning after the crime.

Knox apparently claimed she was asleep in Sollecito’s apartment to around 10:00 am.

This supermarket (right above) is maybe 50 meters from the School for Foreigners (ahead above). About 600 meters from Raffaele Solecito’s apartment (behind above). And about 300 meters from Meredith’s house (left above).

It sells, among other things, laundry detergent (laundry of Meredith’s clothes may have been happening when the cops arrived) and bleach (the place might have been bleached to hide evidence). 

Amanda Knox may have been seen in that detergent and bleach area, by someone who knows her, and then seen exiting in the direction of her house - Meredith’s house.

New evidence should really not come as much of a surprise.

Despite claims to the contrary - that it has all been leaked, and found wanting - the evidence in this case is actually more like an iceberg.

Eighty-plus percent of it is still out of sight. Little of what is in those 10,000 pages of sealed evidence, added to daily by new witnesses, is known to outsiders.

Much of what we HAVE seen of it hangs true.

And those few who are insiders seem to get noticeably more quiet and cautious when they do see it. Rudy Guede’s lawyers were bullish about his prospects - until they saw it.

And then Rudy Guede got handed 30 years.

The defendants really deserve a GOOD defense. By their lawyers. And hopefully, at long last, by their friends.

Sliming Italy and the players in the case looks like a slow-motion train-wreck to us.  Available evidence deserves to be gone over without reflexive shoot-from-the-hip dismissal.

So. No evidence? Perhaps that mantra should now be laid to rest. It’s increasingly looking to be flat-out wrong.

And a quick shortcut to a life behind bars.

Monday, September 22, 2008

Collateral Damage: Patrick Lumumba At The Maniacal Hands Of Amanda Knox

Posted by Tara

[click for larger images]

Everyone should “Google” his or her own name. The results are sometimes quite surprising.

You might find yourself quoted at a local political caucus, see your name mentioned in the legal documentation for some past dispute, come across a photo of yourself at a PTA meeting, or even be quoted by someone who didn’t tell you they were writing a story for a local rag!

Usually the results are not life altering, and some of us have no results at all.

Amanda Knox accused bar owner and musician Patrick Diya Lumumba of murdering Meredith Kercher. He was arrested and spent two weeks in jail. He has a wife and a young son, who watched as the police handcuffed him at home early one morning and swept him away in a parade of police cars.

The problem is that he was falsely accused and in fact was not involved in the brutal murder of Meredith Kercher.

To the relief of his family, he was released. Unfortunately, his association with a crime he did not commit has a long electronic shelf life.

Here’s what came up this past weekend in a quick search if you just type “Lumumba Perugia”:

• USA Yahoo Search: 153,000
• USA Google Search: 23,400
• USA MSN Search: 11,800

All of these results associate his name with murder. His young son and wife can “google” their last name and see the results, which are increasing daily because this sensational case is not over.

Le Chic, Patrick Lumumba’s bar, is now closed.

Mr. Lumumba has filed slander charges against Amanda Knox, his accuser. Some have been very vocal about their disapproval of his action. They claimed Lumumba had maybe profited financially from interviews and that he will continue to do so. Their thought is: why hit on a young woman who already has the weight of the world against her and is facing murder charges.

My thought is that when you tell a lie, and falsely accuse someone else of murder, you must be held accountable.

Patrick and his family’s life is changed forever, and not in a good way: not when a search of their name brings thousands of results associated with murder.