Headsup: Several more analyses of Dr Mignini's book in Italian still to come, but much more when it is published in English later this year.
Category: Prosecution views

Sunday, October 06, 2013

Dr Mignini Pushes Back Against His Demonizers Trying To Ascribe Non-Existant “Satanic Theory”

Posted by Peter Quennell



[Preston left, Spezi center, and George Clooney who is at legal risk for his option on their defamatory book]

1. Dr Mignini’s Published Statement

To the editor of Florence Corriere

Dear Director,

I am Giuliano Mignini, the magistrate who performed the investigation and trials of first instance and appeal in Perugia against the people accused of the murder of Meredith Kercher, as well as the investigation into the death of Francesco Narducci linked to the one performed by the Florence Prosecution Office in relation to the masterminds of the “Monster of Florence” murders.

I saw reported the interview that the journalist Mario Spezi ““ a person accused in the Narducci case ““ did with Amanda Knox, a main defendant in the appeal trial that will start today ““ published in the Corriere Fiorentino on Sep. 29.
 
In two recent cases the Court of Cassation has annulled verdicts, which acquitted Knox and Sollecito, and which decided [by Judge Micheli] a dropping of charge against Spezi (the parts regarding “˜lack of certainty about malice’ were annulled too).

Therefore I don’t need to add anything further on that point.  Instead, I need to point out the falsehood of an assertion which Mr. Spezi makes at the beginning of his article, as he tries to explain the reason for a link which, in his opinion, allegedly exists between the two cases, the one related to the Monster murders and Narducci’s death, and the one about the Kercher murder.

Mr. Spezi’s text says: “”¦ a strangely similar background, for two different cases, behind which the magistrate thought he could see satanic orgies on the occasion of Halloween for Amanda, and ritual blood sacrifices as a worship to the Devil in the Monster of Florence case”¦”.

This is an assertion that Mr. Spezi and crime-fiction author Douglas Preston have been repeating for years, but does not find the smallest confirmation in the documentation of the two trials, nor in the scenario put forward by the prosecution in which the Meredith murder (which didn’t happen on Halloween but on the subsequent night) was the consequence of a sex hazing to which Meredith herself did not intend to take part, and, above all, it was the consequence of a climate of hostility which built up progressively between the Coulsdon girl and Amanda because of their different habits, and because of Meredith’s suspicion about alleged money thefts by Knox.

Furthermore the object of the proceedings in the Narducci case is the scenario about the murder of the same Narducci and the attempt, by the doctor’s father and brother, to conceal the cause of his violent death, and this included the background within which the event ““ which was a homicide in my opinion and in the opinion of my technical consultant, coroner Prof. Giovanni Pierucci of the University of Pavia ““ had developed and taken place.

I had already denied several time assertions of such kind, but Mr. Spezi and Mr. Preston, and some people connected to them, go on repeating a lie, apparently hoping that it will become true by repeating it.

Another astonishing fact is that, despite that I was the prosecutor in the Kercher trial together with my colleague Manuela Comodi and then subsequently with my colleague Giancarlo Costagliola [at annulled apeal], and despite that I limited myself to formulating judicial requests which were all agreed to by a multitude of judges and confirmed by the Supreme Court, I am still considered as the only one responsible for an accusation against Ms. Knox and Mr. Sollecito, by twisting its content in various ways.

In the Narducci case, in the same way, I simply limited myself to performing the investigation and requesting the remands to trial, and the trial will have to start again now because the Supreme Court has annulled the dropping of charges [by Judge Micheli] and sent back the trial to another preliminary judge in Perugia.

The purpose ““ quite overt ““ of such endlessly repeated lies, is to defame the investigator, picturing him as a magistrate who is following alleged personal obsessions rather than sticking at facts, as instead he is.

The hope that such conscious misrepresentation of reality could bring advantage to the defences (foremost that of Spezi himself) is consistent with a bad habit which has all along flourished in Italy but is now also copied abroad.

Therefore I ask you to please publish my rectification against false and seriously defamatory information.

Kind regards

Giuliano Mignini

2. Context: The Mafia Playbook Adherents

As we have often d previously, the mafia and their handmaidens strive constantly to bring the Italian justice system down a peg or two.

When not using dynamite, as they often did in the past, they especially favor the weapon of character assassination of witnesses, judges prosecutors and police.

The vilification campaign being run in the United States by David Marriott, Chris Mellas, Doug Preston, Bruce Fischer, Steve Moore, Michelle Moore, Nigel Scott, and David Anderson (and from Italy by Frank Sforza) seems to be right out of the mafia playbook, whether all of them know it or not.

How the mafia have been using the public relations campaign to their own advantage seems set to emerge further in at least five of the associated trials coming down the pike: those of Luciano Aviello, Frank Sforza, Mario Spezi, Raffaele Sollecito (his book trial) and Amanda Knox (her book trial).

And now Mario Spezi, obviously a real glutton for punishment, once again piles on. Spezi has had incessant run-ins with the Italian law - and now he seems to have entered some kind of self-immolation end-game.

With Doug Preston, Spezi published several editions of their Monster of Florence scenario. These are widely discredited in Italy, not least because they are such obvious attempts to apply lipstick to a pig (half of the text is about an obviously red-handed and very very scared Preston trying to prove he did not actually melt down under interrogation for his probable felony interference in a case.)

Spezi has been charged with interfering with and hampering both the Monster of Florence investigations and the related investigation (which involved Dr Mignini) into the Narducci drowning - a clear murder (the body was found bound and another substituted) though a nefarious group worked very hard to deny that. (They were all charged as well, and the Supreme Court has recently confirmed the correctness of that.)

In recent weeks the Supreme Court has given a firm order for both prosecutions against Spezi to go ahead. How Spezi stays out of prison if he is found guilty is anyone’s guess. Doug Preston came up with a calamity of an explanation for the arrest of Frank Sforza for domestic violence, but presumably his assistance wont be sought this time around. 

So in face of impending prison Spezi really watches his tongue, right?

No, in fact in a move bizarre even by his own standards, Spezi on 29 September published a surreal “interview” with Amanda Knox in Florence Corriere. It once again repeats the felony claim that the prosecution charged Knox and Sollecito in the first place based only on some “satanic theory”.

The Perugia prosecution has never never NEVER claimed that. The Florence prosecutor has already moved into felony-investigation mode (this could cost Spezi more years in prison) and on 3 October Florence Corriere published this correction below by the defamed prosecution (translation is by Yummi).

This unequivocal statement (far from the first but the most prominent) has its own legal status. It is a clear legal warning to the likes of Chris Mellas and Bruce Fischer that if they sustain the libel they are at risk of felony charges also.

The statement has already had a strong ripple effect in Italy. Many former allies - some of them not very savory - now feel that Spezi has lied to and betrayed them for his own ends.


Thursday, September 27, 2012

Translation Of Dr Mignini’s Interview After Takedown Of Sollecito Book On Porta a Porta

Posted by Ziak.





This is my translation from the original In Affaritaliani

Giuliano Mignini, the prosecutor in the Meredith case, speaks: “No bargaining with Sollecito”

Tuesday, 25 September 2012

It has been claimed that Dr Mignini had seemingly bargained with Raffaele Sollecito in order that he would accuse Amanda Knox in exchange for a lighter sentence.

But now the prosecutor in the Meredith case, Giuliano Mignini, has chosen Affaritaliani.it as the forum to break his silence: “No bargaining. It suffices to read the book attentively to understand that I have nothing to do with it. I am disconcerted by this distortion of the facts.”

And further: doubts about Amanda’s guilt? “If I had them [doubts], I would ask for absolution. I have always believed in the responsibility of both of them.”

The pressure while awaiting the sentence was enormous: “I believe that trials should take place in the halls of justice, not outside”. Both Amanda and Sollecito have written books about the murder: “These are choices that each person makes, and for which they are responsible”.

THE INTERVIEW

by Lorenzo Lamperti

In the past few days, Prosecutor Mignini, it has been written that you apparently bargained with the family of Raffaele Sollecito, offering a lighter sentence in return for testimony against Amanda Knox.

“I must say at this point that I am disconcerted [dismayed] by this distortion of the facts. It suffices to read what Sollecito has written in his book in order to understand that I have absolutely nothing to do with it.

Furthermore, Raffaele’s father has denied the existence of any bargaining.

However, I continue to see newspapers which publish these things. Let’s forget about the American newspapers, over which it would be best to draw a pitying veil, however it surprises me that even here in Italy facts are talked about which have never been checked.

Sollecito’s father denied this live on television, and yet there weren’t even any starting points to support something [claims] of this sort.

Thus there was an exploitation is Sollecito’s account?

“That seems clear to me. And yet the event of the Kercher process was preceded by that of the Monster of Florence [the Cassation Court will deliver its verdict on 22 November, editor’s note]. That was what started everything: I never said anything, but I’m fed up, sick and tired at this point. There has been too much superficiality on the Meredith story.”

Raffaele Sollecito speaks of a lawyer who apparently bargained/negotiated with his family…

“These are merely conjectures on conjectures. And yet, I don’t understand how Sollecito’s account can have been interpreted as referring to me. Looking carefully at things, it could almost be said that it is me who is the person offended by a boast.”

Are you considering legal action?

“I have 90 days. I will consider it. Certainly, I must take note of Dr Sollecito’s denial.

What his son wrote, or at least, what the newspapers report, has not been libelous with regard to me. The problem lies in the interpretation of his text that has been made. It would suffice to read [the book] correctly in order to understand that we are talking of simple impressions, not of facts.

The only concrete references are made to a few persons who are not me.”

Therefore you rule out the existence of a secret bargain?

“Indeed! in the most absolute manner possible. What for, why after the conviction and the appeal request for life sentencing, would I seemingly started to negotiate?!  What would I negotiate about?

Thus you have never had any doubts about Amanda’s guilt?

These doubts don’t exist. If I had doubts, I would have asked for absolution. I have always believed in the responsibility of both these two.”

The Cassation appeal is also based on Amanda’s conviction for calunnia.

“This is one of the fundamental aspects of the appeal [our appeal against Hellman] which is moreover based on numerous other reasons. The appeal has been made very well. We’ll see what the Cassation decides on 25th March next year.”

The fact remains that a striking situation has been created, in which Rudy Guede has been convicted for contributing to a murder, but according to the courts there are no [other] contributors, or at any rate, Amanda and Raffaele are not contributors…

“Yes, yes. Indeed. Rudy Guede is convicted as having participated. Sollecito and Knox were acquitted. Furthermore, Rudy Guede, as we have seen, was not even convicted of having carried out the simulated break-in…

These are problems that arise with the fast-track trial system, when one part of the case is separated from the other part. This case, on the contrary, is a unitary whole [a single case].

There was very considerable pressure brought to bear on the trial process. Do you believe that it might in any way have had an influence on the sentence?

“I don’t know if it influenced it. I know that the Court had that idea, that conviction, which I don’t share. Certainly the pressure brought to bear was extreme. I believe that trials should take place in the halls of justice, not outside.”

You rashly spoke of an “almost predicted” sentence.

“Those who followed the appeal process can make their own assessments. According to us, the first instance sentence was correct and complete. We’ll see what Cassation decides, but, over and above the process I cannot accept certain insinuations.

I was exclusively made the butt of attacks. I remain dismayed, for example, when reference is still made to comments I denied having made years ago, in which I reportedly linked Meredith’s murder to satanic rites. This is something I never said, but which is still continuously written.”

Is it a case of errors, superficiality, or of something more?

It is no longer possible to talk of errors, because it has been years since I disclaimed those comments. At this point, the thing confounds me.”

Many people, faced with Sollecito’s book and the one by Amanda which will come out shortly, turn up their noses and consider it wrong to profit from a tragedy such as the murder of Meredith. What do you think?

“These are choices that each person makes, and for which they are responsible. I will limit myself to saying that the process is still under way, and we must await Cassation.”


Thursday, March 10, 2011

Giuliano Mignini’s Trumped-Up Conviction For Guessing Right In The MOF Case

Posted by TomM





We previously posted on the case here and here and here.

Giuliano Mignini became involved in the Monster of Florence case only years after many people had already come to believe a satanic sect in Florence might be behind the MOF murders. But he pursued it with a vengeance when a body that in 1985 mysteriously washed up on the shore of a lake in his jurisdiction showed signs of murder.

And when the crime fiction writer Doug Preston injected himself into the case under a pseudonym and appeared to be planting evidence, Mignini gave him a very brief shaking up and Preston timidly removed himself from the case and from Italy - to turn to inventing a whole lot of fiction about it from safely across the Atlantic. 

Here now is the fine Italian journalist Adriano Lorenzoni, describing The Strange Conviction of PM Giuliano Mignini by the prosecutor whose frustrated conversation was captured (the recording seemed to prove there was indeed a satanic sect in Florence) in objective terms that prove sympathetic to Mr Mignini.

Translation here is with the kind help of my fellow poster Clander.

The Perugian investigation of the instigators of the crimes of the Monster of Florence has, in effect, been stopped.

In January of 2010 the Public Prosecutor of Perugia, Giuliano Mignini, and the former head of the flying squad of Florence, Michele Giuttari, were sentenced by the Court of Florence on the charge of abuse of office in an investigation into some Perugians connected to the “instigators” of the crimes of the Monster of Florence. According to the prosecution’s theory, Mignini and Giuttari illegally wiretapped and investigated journalists and law enforcement officials to influence their activities.

These are abnormal proceedings, since the Public Prosecutor Mignini had been properly authorized by the Investigating Magistrate of Perugia to use wiretaps for his investigation, actions that he had the duty to carry out. Abnormal proceedings also because leading the investigation against Mignini and Giuttari was the same Public Prosecutor’s Office [Procura] that Mignini [PM di Perugia], had investigated the head of, Ubaldo Nanucci. Not by chance did Dr Mignini object to the jurisdiction of that Office [Procura] to carry out the investigation and raise objections of the legitimacy of the judgment. The Court of Appeal of Florence will hear the appeal next November 22 [2011].

This all springs from a recording made by Michele Giuttari of one of his conversations with a Deputy Prosecutor of Florence, Paolo Canessa, in which Canessa states that his boss was not a free man and admits to having been hindered by the then Prosecutor General, Ubaldo Nannucci, regarding the requests of Dr Giuttari into the investigation of the crimes of the Monster of Florence.

Giuttari [then] sent the recording to Mignini, who turned it over to the Prosecutor’s Office of Genoa which had been authorized to investigate the magistrates of Florence. Prosecutor Nannucci was then investigated [verrà  inquisito] for having slowed down, or rather obstructed, the investigation of the Monster of Florence. Genoa promptly dismissed [archivierà ] it.

Giuttari continued to complain to Mignini about the conduct of the police commissioner of Florence, De Donno who, as ordered by the Ministry of Internal Affairs, should have set up a new wire tapping room for the GIDES (serial crimes investigative unit) where Giuttari and his men were working [si erano sistemati]. De Donno never set up the new room [cosa che non fa]. Mignini charged him and sent the file to Florence.

A question comes to mind: where is the abuse of office in all of this?

It is also puzzling why there was such an apparent lack of interest in the investigations conducted by Michele Giuttari, even when they are not being obstructed. “The instigators must not be investigated because there are only conjectures, a fruitless waste of time,” Giuttari is told.

Astonishing. As long as the [lowlife] “snack buddies” are being investigated [for the MOF , all is well. It’s fine to investigate Pacciani, Lotti and Vanni; but when the investigation tries to produce greater results [si alza il tiro], problems start to arise. Michele Giuttari was even relieved of his post and transferred.

Prosecutor Mignini’s office is searched and documents from an ongoing investigation into the death of the Perugian doctor Fransesco Narducci are seized, documents which Mignini had without success objected were secret.

Another question comes to mind: why so much fear (in Florence and in Perugia) about the investigation of the death of Francesco Narducci?

According to the Perugian Public Prosecutor [Mignini], Francesco Narducci was connected in some way to the Monster of Florence case.  Giancarlo Lotti, one of the [lowlife] snack buddies, asserted that some doctor was given the amputated parts of a female body, in exchange for money.

Crimes, therefore, on commission [i.e. murder or mayhem for hire] by a doctor. A real doctor, not the mere pharmacist, Francesco Calamandrei, of San Casciano val di Pesa. Among other things, during the investigation it emerged that Calamandrei and Narducci knew one another. Narducci then died in unclear circumstances on October 13, 1985. Drowned in the waters of Lake Trasimeno. One month after the last murder committed by the Monster of Florence.

Suicide was claimed at that time. A truth considerably less than believable. So much so that while the Preliminary Investigations Judge [GIP], Marina De Robertis, dismissed the case for lack of enough evidence [con formula dubitativa] the hypothetical murder case against certain suspects (the journalist Mario Spezi, the pharmacist from San Casciano, Calamandrei, and others) and declared it time-barred, still, evidence exists of other crimes committed at the time: the concealment and abduction of a corpse and the falsification of numerous public records.

Moreover, since last April, we have been waiting to learn the reasoning with which, for different reasons, including claimed lack of evidence, the Preliminary Hearing Judge, Paolo Micheli, acquitted twenty people (including Narducci’s father and brother) of charges of forgery, criminal conspiracy, dereliction of duty, and concealment of a corpse.

Against this decision of the Preliminary Hearing Judge, Public Prosecutor Mignini will most likely file an appeal as soon as the sentencing reports are lodged which should have been lodged last July 20 [2010].

Mignini and Giutarri were acquitted of the charges of abuse of office (and Mignini also of aiding and abetting Giuttari) because it was not proven that any crimes were committed [i fatti non sussistono] (and the Florence Prosecutor’s Office did not appeal).

[The abuse of office charges] related to their so-called parallel investigations to those of the Genoa Prosecutor’s Office, which was investigating the former head of the flying squad of Florence for false acts [falso] due to the recording of the conversation with the deputy [Prosecutor] Canessa (of which we have spoken above) which, according to the indictment, had been tampered with. This investigation then led to the search of the office of the Public Prosecutor of Perugia [Mignini’s office] and the seizure of numerous investigation documents.

Needless to add that the proceedings against Giuttari and the two police officers concluded with a judgment of non-suit for absolute lack of foundation of fact, as proclaimed by the Genoan Preliminary Hearing Judge Roberto Fenizia. The “aberrant” conviction of Giuliano Mignini does not have immediate disciplinary consequences of any kind. The disciplinary proceeding is in fact suspended until the resolution of the criminal case on which it depends.

And Public Prosecutor Mignini is able to continue to carry out his functions, in trials of great importance and of international interest, such as that relating to the death of the English student, Meredith Kercher.


Tuesday, July 20, 2010

That Widely Watched LA7 TV Interview With Giuliano Mignini - Herewith A Full English Translation

Posted by ziaK

This is a translation of the YouTube video posted by my fellow poster True North two weeks ago.

Many readers asked for a translation of what Mr Mignini said in that interview, and True North, who has pretty good Italian but is not a professional translator, requested some help from the translation team. The sound of the video is not always crystal clear but this appears to accurately reflect what was said. 

Male interviewer: In the biological evidence, is there any one item which is the one which you consider, especially in terms of the trial, to have had the most value?

Giuliano Mignini: I think that, in terms of the trial, the most important were the knife, the bra hook and also the biological traces in the bathroom. From the point of view of the trial, the knife certainly links the two defendants and the victim. Therefore it was (interrupted).

Andrea Vogt: There was low copy number, and that’s not normal, is it, to use DNA when there’s low copy number?

Giuliano Mignini: However, I hold that those traces were nonetheless indisputable traces. That is, there was not an absolute huge amount, in terms that are perhaps more understandable [ndt: to an Italian speaker, “low copy number” is not necessaryily understandable, because it is an English term]. The trace might be really high, with a high quantity, or it may be very low, but however the trace may be, it was never reasonably explained in any other way. That knife was never touched by the victim. She was never (inaudible: possibly “at Raffaele’s”] during the period that the two young folk, the two defendants, knew each other. It was a very short period: we think the relationship was (inaudible) or a week.

Male interviewer: Certainly. However, (inaudible) limited, either a contamination in the place of the crime or a contamination in the laboratory? This is not meant as a criticism of the work, however it is a danger that we technicians have which we must confront.

Giuliano Mignini: Yes. Well, that point about the knife comes from the specific questions of Professor Finsi himself, and of the Superintendant (Parebiochi?), and it was clearly shown that that knife was collected with absolute”¦ that is, there was no possibility of exposure to contact [with the victim?]. Because it was found in Raffaele’s house and it was take with all precautions. This was shown in (inaudible). I was keen to show that (inaudible) that knife.

Andrea Vogt: Also the hook was very controversial because you found it 46 days after.

Giuliano Mignini: Yes, yes. I know. I understand. This, alas, can happen when there are places that are so full of objects, full of”¦ When one is doing an analysis of this type, it can happen that (inaudible) is moved. However, it remained within that room. And (Andrea Vogt interrupts). And then, if there is contamination, that means that Sollecito’s DNA was somewhere within that room. We’re still there (i.e. at the same conclusion). I think that all the evidence was limited [ndt: to the one place?], and the first findings were of an investigative nature. In particular, that includes the numerous contradictions made by Knox. Which were then repeated during the investigation, during the interrogation in jail, and in my opinion also during the questioning and counter-questioning in court.

Andrea Vogt: I want to talk a bit about the motive.

Giuliano Mignini: As a first impression of the [inaudible: crime?] it was clearly, it appeared clearly to be a crime of a sexual nature. It was extremely clear. A young woman, killed in that way, and almost completely stripped/naked.

Male interviewer: Excuse me, but on the contrary, at times I have heard attributed (inaudible) a different reason, a fight which ended badly, and then instead a transformation of the crime to put forward the idea that it was a sexual murder. Also because, in fact, the position of Rudy, who was however found guilty, also from the beginning changed a bit. There’s his responsibility.

Giuliano Mignini: Also Rudy gave indications which then changed a bit. Rudi too, for example, said that there was an appointment with Meredith. Then in later interrogations he said that Meredith had asked for him to be there, and (Male interviewer interrupts: The reconstruction [by Nabil?]: what could have happened?). Yes, according to me, there was a situation, a progressive situation of disagreement between the two girls. That seems undeniable to me.


Friday, July 31, 2009

Prosecutor Mignini Describes What Actually Happened At The Session With Knox Ending 5:45 AM

Posted by Peter Quennell


Linda Byron is an investigative reporter for a TV station in Seattle.

Her investigative exclusives seem almost exclusively to consist of long and unchecked quotes from the FOA camp together with two or three spaniel-eyed questions.

Which then become yet another shrill report on Seattle TV about what those dastardly Italians are doing to poor Knox. A typical report of hers can be seen here (try later if they are still hiding it).

These are a few of the facts of the case that Linda Byron seems NOT to have mastered.

  • That the Italian process of justice is actually very fair and very cautious, is tilted much more to the defense than in the UK and US, and requires prosecutors to jump through a number of hoops before they ever get their case to trial.

  • That a judge in Perugia last January issued an impressive 106-page report which explains in great detail why he decided Guede was guilty and why a great deal of evidence suggests that Knox and Sollecito might be too.

  • That there are TWO senior and respected prosecutors on this case, not just one, that the victim’s family has expressed full confidence in them, and that neither prosecutor has ever made any claims about a satanic motive here.

  • That the prosecution has just presented a formidable case with the help of Italy’s equivalent of the FBI and Scotland Yard, and the defenses seem to be gaining little traction in bringing it down or offering alternatives

  • That almost every prosecutor in Italy runs into administrative charges at some time in their career, they are so easy to file, and the charges against Mr Mignini always did look politically motivated and frivolous and likely soon to evaporate.

  • That the sliming of Mr Mignini has not been a success, that the FOA campaign in Italy has not been a success, and that Amanda Knox on the stand doesn’t seem to have been much of a success either.

And that above all there is a REAL victim here at the heart of this sad crime, known by the name of Meredith Kercher. And that her poor family is suffering for real here -  though of course many miles away from Linda Byron.

So. Instead of good journalism at long last in her latest report, what does Linda Byron have to offer?

No surprises here. Yet more of the sliming of Mr Mignini (this is an acrobat version).

“There are many parallels between the Monster of Florence case and the Knox case, I mean there are shocking parallels,” said American crime writer Doug Preston.

Preston says Mignini believes the monster was no lone psychopath, but part of a satanic sect. He suggested an eerily similar motive for Kercher’s murder, which took place on November 1, 2007.

“Which is right before the Italian day of the dead, and that this was some kind of satanic ritualistic ceremony that they were engaged in. That they killed Meredith Kercher as part of this satanic ceremony,” said Preston….

“He decides right up front with almost no evidence based on his gut feeling or intuition that you’re guilty and then sets out to prove it,” said Preston.

Actually, there seem to be no parallels whatsoever between the Florence and Perugia cases. For example Amanda Knox was interrogated only for two rather short periods - and Mr Mignini was not even present at the first of them.

And Mr Mignini was quite tangential to the Monster of Florence case. He was actually investigating a drowning to the west of Perugia. And when Preston and his partner interfered in Mr Mignini’s case in a particularly harebrained manner, a sharp response was inevitable.

Linda Byron invited Mr Mignini to provide a response to the heated claims in her piece. Either the response was completely over her head, or she did understand it and tried to bury it - it is ONLY only available in Italian, via a link, with a second link to Yahoo’s awful cut-and-paste translator.

Here now is Mr Mignini’s entire response put into good English, not by Yahoo, but by two of our own excellent native-Italian speakers.


Dear Ms Byron,

I hope we will be able to meet and discuss sometime in person, since some of the issues you have examined, specifically the Florentine proceedings against myself and Dr Giuttari, are way too complex to be described in just a few words. I will try to give a short answer here.

To begin with, there is no relationship between the events that are the subject of Spezi’s and Preston’s book and the murder of young Ms Kercher beside the fact that I am the one person dealing with both the Narducci proceedings (connected to the Monster of Florence case) and the Meredith Kercher murder.

These two are totally different events, as well as wholly unrelated to each other, and I am not able to see any type of analogy.

Furthermore, while the precautionary custody order for Spezi has been voided by the Tribunale del Riesame of Perugia, exclusively on the grounds of insufficient elements of proof, the precautionary custody order for Knox was firmly confirmed not only by the Tribunal of Riesame in Perugia,, but above all by the Sixth Section of the Court of Cassazione, which has declared the matter decided and closed.

About the “sacrificial rite” issue, I have never stated that Meredith Kercher was the victim of a “sacrificial rite”.

It should be sufficient to read the charges to understand that the three defendants have been accused of having killed Ms Kercher in the course of activities of a sexual nature, which are notoriously very different from a “sacrificial rite”.

The Monster of Florence investigations have been led by the Florentine magistrates Adolfo Izzo, Silvia della Monica, Pierluigi Vigna, Paolo Canessa and some others.

I have never served in Florence. I have led investigations related to the case since October 2001, but only with regard to the death of Dr Francesco Narducci, and just a superficial knowledge of those proceedings [Dr Narducci drowned or was drowned] would suffice to realize that I never spoke of a “sacrificial rite” which in this case doesn’t make any good sense.

About the defense lawyer issue.  Mr. Preston was heard as a person claiming information about the facts (in effect a witness), but after indications of some circumstances against him surfaced, the interview was suspended, since at that point he should have been assisted by an attorney, and since according to the law the specific crime hypothesis required the proceedings to be suspended until a ruling on them was handed down.

All I did was to apply the Italian law to the proceedings. I really cannot understand any problem.

In the usual way, Knox was first heard by the police as a witness, but when some essential elements of her involvement with the murder surfaced, the police suspended the interview, according to Article 63 of the penal proceedings code.

But Knox then decided to render spontaneous declarations, that I took up without any further questioning, which is entirely lawful. According to Article 374 of the penal proceedings code, suspects must be assisted by a lawyer only during a formal interrogation, and when being notified of alleged crimes and questioned by a prosecutor or judge, not when they intend to render unsolicited declarations.

Since I didn’t do anything other than to apply the Italian law applicable to both matters, I am unable to understand the objections and reservations which you are talking about.

Secondly, I have told you that explaining the nature of the accusations against me is a complex job.

In short, it has been alleged that I have favored Dr Giuttari’s position, who was investigated together with two of his collaborators for a (non-existent) political forgery of a tape recording transcription of a conversation between Dr Giuttari and Dr Canessa.

The latter was giving vent to his feelings, telling Dr Giuttari that the head prosecutor in Florence (at the time) was not a free man in relation to his handling of the Monster investigations.

A technical advisor from the prosecutor’s office in Genoa had tried to attribute that sentence to Dr Giuttari, without having previously obtained a sound test from him, only from Dr Canessa.

I decided, rightly and properly, to perform another technical test on that tape for my trial (I have a copy of it, and the original transcripts of the recording).

I had the technical test performed by the Head of the Sound Task Force of the RIS Carabinieri in Rome, Captain Claudio Ciampini.

If Giuttari had lied, Captain Ciampini would have certainly said so. But his conclusions from the analysis were that that sentence had been pronounced by Dr Canessa. And by the way, this is clearly audible.

I then deemed it appropriate to interrogate the technical adviser from Genoa, in the sphere of the investigations led by me, since the people under investigation were thoroughly but inexplicably aware of the development of the investigation of Dr Giuttari.

The technical advisor from Genoa had made some absolutely non-credible declarations, and I had to investigate him.

The GUP from Genoa, Dr Roberto Fenizia, by means of a non-contested verdict on 9 November 2006, acquitted Dr Giuttari and his collaborators, because the alleged crimes had never occurred.

Therefore, I am accused for doing a proper and due investigation, without even the consideration that I have spared some innocent people from a sentence. I leave any further evaluation up to you.

As for the phone tappings, they had been fully authorized or validated by the GIP. [Those charges are now thrown out.] Explain to me how they can be considered wrongful. I haven’t been able to understand this yet.

This is the story of that case in short, and I am certain the truth will prevail.

None of us is guaranteed not to be subjected to unjust trials, especially when sensitive and “inconvenient” investigations have been conducted.

When accusations are serious and heavy in Italy, a magistrate that has been investigated or charged suffers heavy consequences.

There are appropriate bodies in charge to intervene according to the current laws, but the Florentine penal proceeding so far hasn’t affected me at all, perhaps because everybody ““ and specifically those professionally working on the matter - have realized that such penal proceedings have been anomalous, to use a euphemism.

As to my possibility to appeal any conviction, the Italian law provides for it, and I don’t need to say more.

I will make some closing remarks on the different jurisdictions.

Indeed there are differences between the [UK and US] common law jurisdictions and those of continental Europe, including the Italian one, which like any other jurisdiction has its flaws but also its merits, of which I “˜m becoming more aware as I carry on.

Furthermore, both jurisdictions are expressions of the juridical culture of the Western world, and this is something that shouldn’t be disregarded.

I don’t think I need to add anything else, except that these issues would need to be discussed in a personal conversation in order to delve further into the matter.

Sincerely

Giuliano Mignini

No wonder Linda Byron seemed to want to bury this letter. Does anybody now not think that the charges against Mr Mignini are quite ludicrous?  Preston’s and the Florence prosecutor’s both? 

Mr Mignini seems to be suggesting to Linda Byron to hop on a plane to Italy and to try getting her facts straight once and for all. Don’t hold your breath waiting for that one.


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…