Category: Pat Lumumba

Friday, April 03, 2009

Trial: Andrea Vogt On Forensic Evidence In Closed Court, Knox Calunnia Against Lumumba

Posted by Peter Quennell

Court Session Overview

Andrea Vogt provides another fine report on the trial, on the Seattle PI website.

See below for her report late today on (1) the wound pattern, (2) Knox & Sollecito reactions to the images, (3) gleeful purchase of underwear, and (4) what Patrick Lumumba told the court of his experiences.

Lumumba was the one fingered by Knox as the perp, and it took two weeks to get that charge refuted. Knox is being prosecuted by the Republic of Italy, not by Lumumba, on a calunnia charge. 

1. The Wound Pattern

The first hard forensic evidence to emerge in the Meredith Kercher murder trial—testimony of the coroner who autopsied the slain young Briton—was debated behind closed doors here Friday.

Lawyers emerged to say a forensic expert believes that more than one person may have attacked the British college student.

The decision to close the courtroom—prohibiting the public and press from both viewing video or hearing audio of the crucial testimony—came as a large international conference of journalism was being held just a few blocks away.

The Kercher family’s attorneys requested closure to protect the victim’s dignity, as jurors were shown gruesome photos of the autopsy examination….

Lawyers emerging from the closed session reported a pivotal moment toward the end of arguments when the presiding judge asked the then-coroner, Dr. Luca Lalli, if, after looking at all of the facts before him, he believed Kercher’s wounds were inflicted by more than one person.

He responded affirmatively.

Under cross-examination, defense attorneys asked if he could exclude the possibility that she was killed by a single attacker, and he said he could not.

“Looking comprehensively at all the elements, Dr. Lalli deduced, from a logical point of view, that there were multiple aggressors,” said Francescso Maresca, attorney for the Kerchers.

Specifically, Maresca said Lalli pointed to the nature of the multiple wounds afflicted—more than 23 to her cheeks, neck, legs and palms of her hands—consistent with strangulation, bruising and stab wounds.

Lawyers from both sides seized on parts of Lalli’s testimony that best reflected their case. The prosecution focused on Lalli’s statements that he believed there had been non-consensual sex. Defense attorneys pointed to Lalli’s inability to determine conclusively whether or not Kercher had been raped.

“There is not certainty that there was sexual violence, at least not biological traces to prove that, and a lone aggressor was not ruled out,” said Marco Brusco, attorney for Raffaele Sollecito, outside the courthouse.

2. Reactions Of Knox & Sollecito

Knox and Sollecito were both present during the coroner’s testimony, though Knox turned her head away from the photos and sometimes covered her face with her hands, while Sollecito occasionally looked up.

“She was upset and couldn’t look,” said Knox’s mother Edda Mellas, who spent the day in an adjacent witness waiting area getting occasional updates from English-speaking lawyer on the two-man defense team.

Mellas cannot speak about the case or be in the courtroom because she will be called later as a defense witness. She will return to her teaching job in Seattle on Monday. “I am always torn,” Mellas said. “I want to stay here with Amanda, but I have to go back to work.”

3. Gleeful Purchase Of Underwear

The court was re-opened to the press and public around 4 p.m. to hear the testimony of a Perugia shop-owner who witnessed Sollecito and Knox buy a g-string together in the days immediately after the killing and talk about “going home to have hot sex.”

4. Patrick Lumumba On Criminal False Accusation Of Crime

The last witness, Diya “Patrick” Lumumba, told jurors the harrowing tale of his false arrest in early morning hours as he was warming up milk for his infant son.

“They said ‘Police! Police! Open the door.’ They were agitated,” recalled Lumumba. “They took me in front of my son, handcuffed me and wouldn’t tell me anything, they just said ‘You know what you did.’ I was not beaten, but it was a hard situation.”

Lumumba said that he was later stripped of his clothes at a certain point and left nude facing a wall in police headquarters. The window was open, he said, and it was cold.

Lumumba was arrested after Knox pinned the blame on him during the all-night police interrogation that led to her arrest. He spent 14 days in jail before being cleared of any involvement in the crime. Knox now faces slander charges for falsely accusing him.

On the stand Friday, he told jurors that he and Knox had a good personal relationship, though she was not the best employee. He hired her for 5 euros an hour to work as a waitress, but eventually limited her role to handing out fliers and doing publicity.

The night of the killing he sent her a text message telling her she didn’t need to come to work, to which she replied in Italian, “We’ll see you later. Good night.”

Lumumba said the two did not have an appointment to see one another, but rather, he interpreted the message as the American salutation “see you later,” which can also mean"bye.”

After he was cleared, the pub’s business never picked back up, however, and his financial trouble worsened.

“Everything fell apart. When the pub was sequestered for three months. When it re-opened, well, who would go to a pub run by someone who had been arrested for murder? Of course they go somewhere else. I lost everything.”

Lumumba said the episode also re-awoke terrible childhood memories about the night his politically active father was kidnapped back in Congo (and never seen again). He wakes up in the night worrying about the safety of his toddler son, said Lumumba, who an Italian court recently awarded 8,000 euros for false imprisonment.

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.

 

Tuesday, September 23, 2008

More On The Evil That Was Rained Down On Lumumba

Posted by Peter Quennell

The Tom Kington Interview

Tom Kington of the UK Observer interviews Patrick Lumumba.

Diya Lumumba, 39, was at last week’s first pre-trial hearing in Perugia at which Knox, 21, appeared in public for the first time since her arrest last year. ‘Why did she accuse me?’ he asked. ‘The black is always the killer in films, and I am convinced that is why she named me as her way of derailing the investigation.’

It was November last year when Knox, by then in custody, implicated Lumumba in the killing, telling police he entered Miss Kercher’s bedroom in their shared house on the night of 1 November, while she covered her ears in the kitchen… Police raided Lumumba’s home and arrested him in front of his Polish wife Aleksandra and baby son Davide, saying only: ‘You know what you did.’ Investigators leaked an allegation that Lumumba had entered the isolated house outside Perugia’s medieval walls to ‘possess’ Miss Kercher…

Please click here for more

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.