Wednesday, February 03, 2016

Knox’s Unsound Appeal To The European Court Of Human Rights Slapped Down By Cassation

Posted by Our Main Posters

Knox lawyer Carlos Dalla Vedova may have drafted the dishonest ECHR appeal

1. The False Rumor Of ECHR Acceptance Of Knox Case

Eagle-eyed Ergon picked up this rumor, said to come from Chris Mellas (so whats new?): “Word on the street is the ECHR has accepted Knox’s appeal”

Really? Accepted? We contacted the Press Office in Strasbourg and they promptly denied it: “The case in question will be examined by the Court in due time. No decision has been taken as to its admissibility so far.”

That is the limbo status of about 95% of cases from all member countries lodged with the ECHR. The Court has in fact complained that Italian defense lawyers in particular are bogging down the Court’s work with numerous cases on spurious grounds.

2. The Knox Case Fails Our Extensive Lie-Checking

That Knox’s appeal was premature, legally unsound and factually incorrect was shown in great posts by Kermit and James Raper and FinnMacCool. James Raper also attacked the appeal from another angle.

Our mega-series on the Knox interrogation hoax and the Knox false confession hoax presented hard proof, not only that Knox had NOT been leaned on to criminally frame Patrick - she had not even been interrogated.

Her own lawyers had never once supported her, except in trying to chill her hyperbole when she was on the witness stand at her trial.

Nevertheless Knox still airs the phony torture charge at every opportunity, even including that false claim in her infamous email to Judge Nencini - which he sarcastically brushed aside with the advice that Knox should turn up in person.

3. The Knox Case Also Fails ECHR’s Own Submission Rules

ECHR appeals are not eligible for consideration before ALL national legal processes have been exhausted.

Nevertheless, the Knox team jumped the gun in filing the appeal several years early, and even trying to delay the final ruling of the Fifth Chambers so it could come first.

4. The Knox Case Also Fails Italian Law And Case Facts

The Knox defense in filing its submission to the Fifth Chambers had to reveal what its ECHR case was all about. Finally, some hard facts out in the open.

The case included once again the malicious charge Knox again and again makes of “torture”. Here is a summary of the Knox team’s ECHR appeal, as summarised in the Fifth Chambers Report: 

[4.1] And at the end, a delay of the judgment is proposed while waiting for the decision of the European Court of Human Rights, following the presentation to the international judicial body on the appeal of 11.22.2013, for alleged violation of the right to an equal trial, according to the article 6 par. 3 lett. a/c ECHR; for alleged violation of defense rights, according to the article 48 par. 2 of the Chart of Fundamental Rights of the European Union; and for the violation of the prohibition on torturing, according to the articles 3 ECHR and 4 of the Chart of Fundamental Rights of the European Union.

But Judges Marasca and Bruno for the Fifth Chambers ruled that Knox had no grounds for such a delay in their own appeal.

And beyond that, Judges Marasca and Bruno ruled (warning the Court in Strasbourg) that Knox had no ECHR case at all under Italian law.  In effect the ECHR should not waste its time.

[2.2]The request of Amanda Knox’s defense aimed at the postponing of the present trial to wait for the decision of the European Court of Justice [sic] has no merit, due to the definitive status of the guilty verdict for the crime of calunnia now protected as a partial final status against a denouncement of arbitrary and coercive treatments allegedly carried out by the investigators against the accused to the point of coercing her will and damaging her moral freedom in violation of article 188 of penal procedure code.

And also a possible decision of the European Court in favor of Ms. Knox, in the sense of a desired recognition of non-orthodox treatment of her by investigators, could not in any way affect the final verdict not even in the event of a possible review of the verdict considering

• the slanderous accusations that the accused produced against Lumumba consequent to the asserted coercions; and


• confirmed by her before the Public Prosecutor [Dr Mignini] during the subsequent session, in a context which, institutionally, is immune from anomalous psychological pressures; and


• also confirmed in her memoriale, at a moment when the same accuser was alone with herself and her conscience in conditions of objective peacefulness, sheltered from environmental influence;


• and were even restated, after some time, during the validation of the arrest of Lumumba, before the investigating judge in charge.

5. As ECHR Case Fails On All Fronts No Joy For Knox

A Strasbourg legal clerk only has to read the words in that last paragraph in bold, and the next notice from the ECHR Press Office will say that the appeal has been rejected.

End of story. Give it a rest, Chris Mellas and Amanda Knox.

Wednesday, January 27, 2016

Why Guede’s Ex-Lawyers Really Bailed On Him? The Italian Perception

Posted by Peter Quennell

Way too much is being made of this in the US in a wrong way.

Biscotti and Gentile of Perugia are not Italy’s winningest team. They have had precisely two cases of national significance in Italy. And both of their clients are serving long terms in prison.

• Rudy Guede is serving 16 years in Viterbo Prison awarded by the Perugia court and confirmed by Cassation and another three years awarded by the Milan court for stolen property.


• Salvatore Parolisi (seen above with the lawyers) was sentenced to 20 years for killing his wife Melania Rea with 35 stab wounds, and is appealing for a sentence reduction (really).

We posted a lot on Melania’s case starting even before it was clear that her soldier-husband killed her, in a very elaborate premeditated staging so he could continue life with his girlfriend.

Salvatore and Melania had a little daughter. Melania’s parents not only washed their hands of him after initially defending him, believing his tale that he was innocent.

They ran a blowtorch of a media campaign against him, the sort of thing Knox & Sollecito escaped, and for a while there he was the most hated man in Italy.

To their considerable credit, Biscotti and Gentile do accept to try to defend these low-income clients. But their fees cannot be remotely like those of the Sollecito and Knox teams.

And they do need to win some cases, and to attract more cases, and it is hard to see how they can help Guede to win anything at all in the law courts.

In fact, they never have won anything, ever, for Guede.

He chose the short-form trial in Perugia and the sentence was eventually set by Judge Massei at 16 years under the formula. The three years he was awarded in Milan was to code also.

Ten to one against this, but if the Sollecitos DO sue Rudy Guede as they are threatening for fingering RS as one of Meredith’s killers he is likely to spill the beans entirely.

That wont require any lawyers.

Tuesday, January 26, 2016

Is Francesco Sollecito Forced Into Legal Aggression Anti-Guede Which Could Rebound?

Posted by Peter Quennell

Legal Development

Francesco Sollecito is being reported as denouncing Guede and initiating actions against him - and the Republic of Italy.

What must have looked to him nicely wound up by the Fifth Chambers at the end of March last year does seem to have a pesky tendency to become unwound.

It was unwound a bit by the continuance of Sollecito’s book trial in which RS lawyer Bongiorno refused to become involved. It was unwound a bit by the charges Dr Mignini requested against the RS lawyer Maori mid-year. It was unwound a bit by the Fifth Chambers with the poisoned sting at the end of its Report.

That Motavazione as phrased could open the way to a wrongful death suit against Sollecito (and Knox) or a petition to the President. A “guilty” verdict on the numerous false claims in Sollecito’s book could open the way to civil suits.

The petition was filed today at the Court of Appeal of Florence by their lawyers Giulia Bongiorno and Luca Maori. The lawyers decided to turn to the last trial court that dealt with the process. In particular, they demanded compensation of 516,000 Euros for the detention to which Sollecito was submitted from 6 November 2007 to 4 October 2011.

The computer engineer from Puglia has always proclaimed he was not involved in the murder and was finally acquitted along with Amanda Knox.  “I can not spend my life defending myself from something I have not done ...”: Raffaele Sollecito commented on the interview… 

He was followed by his father Francesco in transmitting a statement from their home in Puglia. “Raffaele is shocked and outraged,” said Francesco Sollecito. “I am also deeply outraged. I did not even sleep last night.” The father of Raffaele - finally acquitted for a murder he always proclaimed he was outside of - criticized in particular “Guede’s attitude towards the brutally murdered girl. Guede is refuted by the procedural documents, many of which are omitted in the interview. It was denied, among other things, by Raffaele’s friends that there was a random meeting with Meredith Kercher.”

“Guede still has to explain why he was in that house and why he went to the disco after finding the body. Let us remember, Francesco Sollecito empahsized again, that he is a person definitively convicted of murder. “

No mention at all of Knox? She was the one Guede really nailed, though Raffaele was pretty firmly placed at the crime scene too.

Last year, a bombastic Raffaele Sollecito had threatened to file a suit against Italy, but his father and lawyers had wound him back. Presumably because way, way, way too much could come out. “Take care about what you wish for.” “Let sleeping dogs lie.” “Discretion is the better part of valor.” Take your choice.

But such a suit is normal and expected. It would look suspicious if it was never filed. Now the Florence prosecution may get the chance to make the case in full the Fifth Chambers never heard.

Storms In The Past

Francesco Sollecito and Raffaele Sollecito and Vanessa Sollecito are all notorious for loosing their cool.

Francesco lost it here toward Raffaele, and especially here. Vanessa lost it here and again here. Everybody lost it toward Amanda Knox. Sollecito’s own book describes that rage.

And take a look. Despite supposed “honor bound” there are dozens of examples there.

Francesco Sollecito lost it after the Hellmann acquittal when Raffaele said he and Knox were still a thing, and again when RS took off to Seattle after Knox. He lost it again when a false felony claim in Sollecito’s book was unveiled on national TV.

Bongiorno also often seems in a rage. Hmmm. A group of people in a rage, and then things go too far. Where have we heard that before?

Wednesday, January 20, 2016

Sollecito Lawyers Threaten To Sue If Guede Tells Any Lies; Dont Hold Your Breath…

Posted by Peter Quennell

Bongiorno goes overboard at end of Nencini appeal; Italy laughs


Way to ensure high ratings? Now Bongiorno threatens to sue RAI if the interview propagates any “lies”.

Sources here and here. Good luck! If she DOES sue (dont put any money on that regardless of what Guede says) the Fifth Chambers report will not be her friend and she surely knows.

She hasnt commented publicly on that report though Sollecito has been very sulky of late. She still talks as if the March verdict is the only one that stands.

At other times there have been such threats to sue. None ever happened there. Examples:

• Bongiorno didnt sue Aviello for saying she had been offering bribes to his cellmates in exchange for their testimony to help RS despite a threat.


• Bongiorno didnt sue Lifetime TV as threatened for the movie about Knox - the RS character barely appears, maybe that was her beef - despite a threat.

And Mignini’s case against Maori will really put Bongiorno and Maori in a bind, if Guede doesnt do damage enough.

Monday, January 18, 2016

Reports That On Italian TV Thursday Guede Will Claim Knox & Sollecito Initiated Attack, Caused Death

Posted by Peter Quennell

It seems the serial defamer Amanda Knox wins no love at all in Italy. As we posted 10 days ago:

A majority of Italians still believe that Amanda Knox led a cruel pack attack on Meredith and (to Guede’s and Sollecito’s seeming considerable shock) landed the fatal stab in Meredith’s neck.  They watched Knox on the stand for two days, in fact doing herself great harm.

Italian media are sure looking forward to Guede dropping her in it on national TV later this week. There are half a dozen reports.  This summary in English by Liz Houle just went online.

It is being reported on January 18, 2016 that Rudy Guede says that he is innocent of the murder of Meredith Kercher. In a clear and concise manner, Guede states that there is no evidence of his DNA on the murder weapon or in the simulated break-in room. He goes on to say that he knew both Meredith Kercher and Amanda Knox but was more familiar with Knox. “It was not me, but I’m the only condemned” maintains Guede.

Rudy Guede sat down in an interview on Italian television show Cursed Stories (Storie Maledette) and gave his unvarnished view of what happened. “It was not me. . . . ” pointing the finger back onto Amanda Knox and Raffaele Sollecito for the murder of Meredith Kercher.

In precise and coherent language Guede describes exactly what happened the night Meredith Kercher was tortured and left bleeding to death on that cold November night. Guede explains “. . .when I was found in the house of the crime I fled because I was afraid. No one would believe me. I thought: Negro found guilty found. The subsequent investigations, conducted “‹”‹badly, have shown that I was right.”

There’s also this. Actually CNN has blown hot and cold, with Paul Callan and Chris Cuomo and Erin Burnett and Nancy Grace all coming out anti-Knox.

Friday, January 15, 2016

Beyond The Italian And UK Media Reports That Knox Was Found Not Guilty Of Calunnia II

Posted by Our Main Posters

Knox with Rita Ficarra who Knox accused of hitting her.


UK media are reporting that the case was about slander, in effect a civil case by those who consider themselves damaged.

But in fact this was calunnia, which is more serious, a false accusation of a crime to a justice official, in this case the claim Knox made on the stand that she was forced to finger Patrick.

We are told this is key context which the UK reporting leaves out. 

1. The original complaint was made (the rules required it) by those who were accused before the 2009 trial ended with a verdict of Knox’s guilt.

2. Preceding Knox on the stand had been all of those she accused. So to court-watchers in Italy her testimony was not a convincing show.

3. Knox was thereafter found guilty for essentially the same crime, with a sentence set at three years by Judge Hellmann and endorsed by the Fifth Chambers of the Supreme Court.

In effect, justice had been served for the false claims. Italian justice officials still have a big shot at worse claims in Knox’s book.

Under the Statute Of Limitations, as the book was added-to and re-issued in 2015, that opportunity exists for another five years.

Friday, December 25, 2015

Capturing Collective Memories: Of Broadway Dance And Of Family Life

Posted by Peter Quennell

The only YouTube so far,  with costumes & lighting & orchestra the dances really take off


There’s an astonishing Broadway show on in NYC now.

If you are part of the million visitors in NYC at any one time (absurd, right?) it’s at the Joyce Theater, tkts are only $45 if you can get them, its a sponsored run. Its called American Dance Machine. Some 18 Broadway dancers and a fine orchestra onstage at the back.

The promotional video above gives a hint but for-real it is a terrific jolt. Its only a brief season because the dancers are some of the best and are in great demand. A couple are from the several ballet companies here.

The purpose is to capture and show again many dance routines and several songs from Broadway musicals that are mostly gone, some long gone, and wont be back again, and show just how good they were. Maybe every year there will be another brief season like this.

How did they put this together? There was an audience panel of the creators and some dancers after the show one night and they explained. They had to hunt round and find choreographers and dancers who had memories of the routines and find videos of the routines at the Arts library at Lincoln Center. The collective memory is mostly still there but its elusive and spread around and it will fade.

So. To the real point of this post, Does anyone have a family blog? The reason for having one is really the same. Collective memory, in this case of the family, while memories going back awhile are still around. Put down the family history as you know it and get some others in on it and pass it down.

It might make those who follow want to write online in a more empowering and permanent way than social media, which scrolls away fast and can have limited satisfaction and real-results effects. Best of the family videos and photos can go there.

Some 20-40-60 years hence those who come next are going to value that body of family history so much. They may not know you but they will know about you and what you did and felt and feel they are part of a great team going forward.

Season’s cheer!

Sunday, December 20, 2015

Latest Of The Documentaries That Make Us Focus On Psychopaths And Their Trails Of Wreckage

Posted by Peter Quennell

This is a one-hour YouTube video of an excellent BBC Channel 5 report aired several weeks ago.

Our poster DavidB kindly drew our attention to it in a comment. There are increasingly more of these heads-up reports on YouTube, some of the most useful videos there.

Friday, December 18, 2015

Knox Calunnia Trial #2: Judge Receives Arguments Of Prosecution And Knox; Verdict In New Year

Posted by Our Main Posters

Court in session 7 September in Florence with Knox a no-show

1. Latest Development

We are informed that the final arguments to the judge by both sides have been submitted in writing.

We will summarise and/or fully translate them, hopefully next week. Next step is the verdict from Judge Boninsegna, which may come early in the New Year.

Below is a reposting of the background to this unusual case, and Machiavelli’s reports from the court on 7 September.

Such trials are very rare. Usually it is only organized crime figures that in the course of a trial impugn police and prosecutors who in Italy are much respected. Defendants rarely even get on the stand, and if they do so, they invariably follow the advice of defence counsel to not dig themselves in any deeper. 

In contrast, Knox pretty well went haywire. NOBODY in Italy has ever believed her. Not her own lawyers, nor multiple hearings & trial judges, or the skeptical media, or the watching population, or Hellmann & Zanetti, or even Marasca & Bruno…  Not even Curt Knox! He failed to turn up to give scheduled defense testimony that could have helped Amanda Knox last September.

Gee, thanks, Curt….

And she has left her own lawyers handicapped, as they had publicly counseled Knox to stop escalating her claims about illegal coercion at her “interrogation” on 5-6 November 2007.

Their filing probably needs to be especially careful to avoid their own liability. 

2. Background To Calunnia Trial

This trial focuses on the claims of Amanda Knox at trial in 2009. Charges for malicious claims in her book will fall to another court, probably also in Florence. Oggi is already on trial for republishing some of them.

There seems no parallel in US or UK legal history to this - to a defendant testifying prolifically for two days to crimes by investigators, in spite of even more days of prior testimony which all pointed the other way.

Seemingly under strong pressure from her own family Knox willingly took a huge legal risk which her own lawyers had warned her about again and again, sometimes publicly, over nearly two years.

They never ever lodged even one complaint. Nor did the US Embassy in Rome, which monitored all sessions in court, and often checked her out (as did Italian MP Rocco Girlanda) in prison at Capanne.

The Massei court and the watching audience in Italy (read here and here) bought none of it. Knox still served three years for framing Patrick. Not even Judge Hellmann bought into her claims. Certainly not the Supreme Court.

The current trial in Florence was preceded by an investigation by Florence prosecutors, who bring the charges and argue them because Knox impugned officers of the justice system in their official roles. 

Prior to today the prosecutors’ investigation report had only been released to Knox’s defense. So we don’t yet know if the charges extend beyond Knox’s claims of having been abused into a false “confession” on 5-6 November 2007.

Post #1 of our ongoing Interrogation Hoax series points toward what investigators testified to at trial.

Four months later Knox contradicted them at length as summarised in our two posts here and here: “The Amanda Knox Calunnia Trial In Florence: What It Is All About”

3. Machiavelli Reports From Trial 7 September

1. Tweets from the Florence court:

16. Zugarini was present throughout the interrogation and described when #amandaknox started to cry, remembered her peculiar hand-ear gestures.

15. Napoleoni testified #amandaknox was brought a chamomille when she started crying at 01:45, the interrogation was immediately stopped.

14. Napoleoni and Zugarini said they “cuddled” Knox because she was a 20-year old girl.

13. Both Mignini and Zugarini described having had impression that #amandaknox was feeling “relieved of a burden” after accusing Lumumba.

12. Mignini said Knox was not clearly a suspect to him by the 05:45 interrogation.

11. Witnesses had inaccurate memory on some details, but were convergent on some peculiar details.

10. Napoleoni said she did not enter interrogation room, she called Rita Ficarra out to talk to her.

9. Zugarini said, as for her knowledge, Knox was not told that Sollecito withdrew her alibi.

8. Zugarini said called interpreter only to ask #amandaknox more precise questions about people in her phone contact list.

7. Zugarini said #amandaknox was able to explain herself in Italian. They called an interpreter to translate what police had to say.

6. Testimony of Mignini was descriptive and framed thing in law. Mostly talked at length explaining alone, prosecutor listened.

5. In today’s hearing, Mignini talked 2 hours, confirmed arrived at 3am, police interview was over, he asked no questions of AK.

4. Napoleoni was precise and synthetic. Zugarini longer and IMO more interesting on many details.

3. Mignini and Judge Boninsegna appeared irritated by Dalla Vedova’s remarks.

2. Long hearing of Mignini at trial against Amanda Knox for calunnia. Napoleoni & Gubbiotti followed, then Zugarini

1. Testimony of some of the investigators accused by Knox and the lead prosecutor Dr Mignini [image above] is being taken in court.

[Reporting from the Florence court sometimes requires a wait to get to a place where mobile phones can connect to the outside.]

2. Emailed report following day (8 September):

No Knox calunnia session required today as last Friday and yesterday both sides completed their witness list.

Amanda Knox and Curt Knox chose not to testify.

Now Judge Boninsegna has ordered each side to prepare their arguments within three months (7 December).

The verdict is likely to arrive in the New Year.

 

Wednesday, December 16, 2015

“Spotlight” Movie About Fine Example Of Investigative Journalism Is Oscar Best-Picture Favorite

Posted by Peter Quennell

Hollywood has rewarded movies about investigations many times over the years.

Maybe not such a bad thing when media are under such internet and political pressure - and too often prone now to propagating dishonest PR and misleading their audiences, as we have seen.

“Spotlight” portrays an investigation by a Boston Globe newspaper team in 2001 and 2002 into myriad sexual abuses by priests in that very catholic city.

This was the first-ever such investigation into the sexual abuses. It started very small - less than 10 priests were initially suspected - and ran into roadblocks and was nearly shut down several times.

it eventually cascaded into the exposure of hundreds of priests in the US and many more worldwide. Numbers of victims are unknown but worldwide are numbered at minimum in the hundreds of thousands.

The pace of the film is phenomenal. There is jolt after jolt as the reporters - most of whom are themselves catholic or lapsed-catholic and take some heat - in repeated disbelief find the numbers of priests and victims growing and growing.

Pope Francis himself is reported as in favor of investigations continuing.  The various support groups representing the numerous “survivors” have welcomed the film.

Some American priests have raised some objections. They dont seem to fault the movie for honesty though.

Prophet’s Prey is a similarly gripping and unflinching movie, about children abused by fundamentalists. It is a documentary, and may be nominated for an Oscar in that category.