Thursday, November 25, 2021

Correcting NY Times 8: Some 20 Forensic Proofs Guede Did NOT Attack Meredith Alone

Posted by Cardiol MD

This explains autopsy findings. It may not be an easy read. It is the eighth in a multi-part series focused on provable realities in response to an inflammatory three-page report in the New York Times almost exclusively channeling dishonest and repeatedly-refuted Knox PR.

1. Guede Persona, An Overview

First, for the record, I have testified on forensic evidence at numerous trials.

Convicted murderer Rudy Guede to this day claims, quite unbelievably, that Meredith let him into the house. His evolving claims as to how they had arranged that earlier were all thoroughly shot down at his trial.

But at the same time, he was no drifter or serial knife carrier, he had no police record in 2007 (unlike Knox and Sollecito), and no drug dealing has ever been charged or proved. Up to very recently, he had had a full-time paying job up north. And attempts to pin him to three burglaries all fell flat:

In the Milan “break-in” Guede had a key. In October 2008 Judge Micheli mistrusted and sharply rebuked a witness who claimed a “break-in” by Guede; he filed no police report. And the lawyers office “break-in” had to be two people with a car, opposing forces copying files on a contentious case, the lawyers themselves believed.

Guede seriously discounted his role on the night of Meredith’s death, but some physical evidence (not a lot) proved he had played a part in the attack. Thereafter his shoeprints lead straight to the front door.

2. Moving Target In Court

Neither Judge Micheli nor Judge Massei nor the Supreme Court believed he acted alone or had any part in the very obvious cleanup that had been carried out.

The Knox and Sollecito defenses failed miserably to prove he climbed in Filomena’s window, and despite much innuendo they never really tried to prove he was a lone attacker.

That is why in 2011 we saw two of the most bizarre defence witnesses in recent Italian legal history, the jailbirds Alessi and Aviello, take the stand

Alessi became so nervous making his perjured claim that Guede told him Guede did it with two others that he was physically sick and had to take time off from the stand.

Aviello loudly proclaimed that his brother and another did it (not Guede) and then claimed the Sollecito family via Giulia Bongiorno floated bribes including payment for a sex-change operation in his prison for false testimony.

Tellingly, although Bongiorno threatened to sue Aviello, she never has. Even more tellingly, Judge Hellmann himself initiated no investigation, and simply let this serious felony claim drop dead.

Here is a far-from-exhaustive list, first posted here in April 2013, of 20 reasons why Rudy Guede could not have acted alone. Also why not even one single scrap of evidence has ever been found for any two other than Knox and Sollecito themselves.

3. Twenty Lone-Wolf Disproofs

1.  Guede’s Final Appeal Report said Meredith sustained 43 wounds

The testimony at the 2009 trial about the 43 wounds was presented in closed court out of humane respect by the jury for the feelings of Meredith’s family.

So even the diligent and trustworthy Italian media mostly missed this, as they were locked outside, and to our knowledge all of the normally sharp foreign reporters also missed out. 

Mention of the 43 wounds was omitted from the 2009 Massei Trial Report and also from the 2011 Hellman Appeal Report.

Its inclusion in December 2010 in Judge Giordano’s Supreme Court report on Guede’s final appeal reflects that report’s excellent factual completeness.

The PMF translation at the time read, in relevant part:

The body presented a very large number of bruising and superficial wounds – around 43 counting those caused by her falling – some due to a pointed and cutting weapon, others to strong pressure: on the limbs, the mouth, the nose, the left cheek, and some superficial grazing on the lower neck, a wound on the left hand, several superficial knife wounds or defence wounds on the palm and thumb of the right hand, bruises on the right elbow and forearm, ecchymosis on the lower limbs, on the front and inside of the left thigh, on the middle part of the right leg, and a deep knife wound which completely cut through the upper right thyroid artery fracturing the hyoid bone, a wound which caused a great deal of bleeding.

Including the number of minutes occupied by an initial verbal confrontation, the escalation of that confrontation into taunting and then the physical attack, leading to the infliction of 43 wounds, and to the fatal stabbing, how many minutes would all of this occupied?

The prosecution estimated it took fifteen.

2.  Meredith had taken dance classes and played football & karate)

See the Massei Translation, p23.

Every day Meredith called her family, with whom she had a very close relationship. She had taken classes in dance and played sports (football, karate); she was a strong girl, both physically and in terms of temperament (cf. statements by her mother and by her sister Stephanie, hearing of June 6, 2009).

3.  Meredith was a strong girl, physically and in temperament

See the statements by her mother and by her sister Stephanie (hearing of June 6, 2009). and description of her karate. (Massei Translation, pp23, 164, 366, and 369).

With regard to the totality of these circumstances, it must be considered that Meredith could only have made an outright refusal to Rudy’s advances and in doing so could also count on her slim [fit] physique, which the photos allow [one] to understand, [and] on her good athletic training (other than dance she had also done sports characterised by a certain physicality such as football, and had even taken a course in karate), sustained by her strong character.

4.  Meredith must have been “strongly restrained”

See the Massei Translation, p371; p399, in the Italian original.

Conversely, considering the neck wounds sustained, it must be believed that Meredith remained in the same position, in a standing position, while continuously exposing her neck to the action of the person striking her now on the right and now on the left. Such a situation seems inexplicable if one does not accept the presence of more than one attacker who, holding the girl, strongly restrained her movements and struck her on the right and on the left because of the position of each of the attackers with respect to her, by which it was easier to strike her from that 372 side. One of these attackers was Rudy and the others were those who allowed Rudy to enter the house and who were with him in the house and who, in order to lead the nvestigations astray, then organised the staging of the broken window and the mess in Romanelli’s room: Amanda Knox and Raffaele Sollecito, according to all that has already been shown.

5.  Meredith remained virtually motionless throughout the attack

That was in spite of Meredith’s physical and personality characteristics [Massei Translation p369]  [Massei Translation p370-371].

A first indication to be taken into account is Meredith’s physical build: the photographs of her body and the data of her approximate height and weight reveal a physique with “normotrophic muscular mass and normally distributed subcutaneous fat” (cf. declarations Lalli p. 3), a slim physique which would have permitted Meredith to move with agility. To this must be added the declarations of the parents and the sister of Meredith. Her mother, Arline Carol Mary Kercher, recalled that Meredith had practised football and karate (p. 7 hearing 6 June 2009), and her sister, Stephanie Arline Lara, stated that Meredith also did boxing, if only the once, and that “physically she was very strong” (p. 20, hearing 6 June 2009). Also her father, John Leslie Kercher, declared that his daughter was quite strong and had taken a course in karate (p. 23 hearing 6 June 2009). It has also been noted that Meredith was not in bed and undressed when the “advances” and the attempts to subject her will commenced. Being still dressed and awake, and since it must be excluded because of what has been said above that the violent action could have taken place with Meredith lying on the bed, it is considered that she, who was sober and fully conscious since no traces indicating either the use of drugs or the abuse of alcohol were found, would have opposed a firm resistance, as she could claim a strong physique, experienced in self-defence by the lessons in karate that she had taken.

6.  The defensive wounds were almost non-existent

See the report of Dr Lalli, pp. 33, 34, 35 with the relevant photos. From Massei Translation p370:

The signs of this resistance, however, consist in a scream, the scream heard by Nara Capezzali at around around 23:30 and by Maria Ilaria Dramis when, having gone to bed at 22:00 pm, she awoke at a later time which she was not able to quantify; they consist also in some tiny defensive wounds: one on the palm of her [396] right hand of a length of .6cm showing a tiny amount of blood; another on the ulnar surface of the first phalange of the second finger of the left hand, also of length .6cm; another on the fingertip of the first finger with a superficial wound of .3cm, and another tiny wound corresponding to the fourth radius.  Compared with these almost nonexistent defensive wounds (cf. report of Dr Lalli, pp. 33,  34, 35 with the relevant photos), there is an injured area which is impressive by the number,  distribution and diversity, specifically of the injuries (bruises and wounds) on the face and neck of Meredith.

7.  One killer couldn’t inflict 43 wounds with so few defensive wounds.

See the Massei Report quotes above.

8.  There must necessarily have been two knives at the scene of the crime

See the Massei Translation p377.

Even this consideration, therefore, leads one to hold that the biological trace attributable to Amanda and found on the knife handle, could have derived from the use of the knife for the purpose of striking, rather than to cut food; it could have derived, therefore, from the harmful action carried out against Meredith and as a consequence, a biological trace attributable to Meredith remained in the tiny striations present on the face of the blade, in spite of the subsequent cleaning, and which does not appear otherwise explainable as to how, in this regard, it was to be found there (Meredith had never been in Raffaele Sollecito’s house and could never have used this knife). Moreover, the knife Raffaele Sollecito carried with him had a definitely shorter blade as has been seen than the length that would have been necessary for causing the deeper resulting wound, with a depth of 8cm, and therefore, there must necessarily have been two knives at the scene of the crime, first one, and then the other, being used against Meredith.

9.  A lone killer would need one hand/arm or both to restrain Meredith

So how could he use 2 knives?  To use 2 knives a lone killer would have to place 1 knife down, leaving blood-stain[s] wherever it was placed, and then reach for the other knife.

Even wiping the blades on the killer’s clothes, using the one hand, and later scrubbing of the knives would not erase all the blood, as has already been demonstrated.

10.  Two killers could divide attack, one holding Meredith, both holding knives

Meanwhile the other killer used one hand/arm to restrain Meredith, and the other hand to use the various knives. Could a lone killer accomplish all that?

11.  Meredith’s shoes, pants and underwear had been removed

See the Massei Translation p.370

“It is impossible to imagine in what way a single person could have removed the clothes that Meredith was wearing (shoes, pants and underwear), and using the violence revealed by the vaginal swab, could have caused the resulting bruises and wounds recalled above, as well as removing her sweatshirt, pulling up her shirt, forcing the bra hooks before tearing and cutting the bra.”  [Massei Translation p.370]

12.  Meredith’s sweatshirt had been pulled up and removed.

See the quote above of page 370 of the Massei Trial Report Translation.

13.  Meredith’s bra had been forcibly unhooked

See the quote above of page 370 of the Massei Trial Report Translation.

14.  Meredith’s bra had been torn

See the quote above of page 370 of the Massei Trial Report Translation.

15.  Meredith’s bra had been cut

See the quote above of page 370 of the Massei Trial Report Translation.

16.  Violence to Meredith was revealed by the genital swab.

See the quote above of page 370 of the Massei Trial Report Translation.

17.  In the 2011 Hellmann appeal Sollecito’s own lawyers didnt allege lone killer

They themselves brazenly introduced false testimony to the effect that there were two other killers.

18.  Even Judge Hellmann didn’t deny the complicity of AK and RS

Even H/Z seemed to conclude they are probably guilty, but not beyond a reasonable doubt:

“in order to return a guilty verdict, it is not sufficient that the probability of the prosecution hypothesis to be greater than that of the defence hypothesis, not even when it is considerably greater, but [rather] it is necessary that every explanation other than the prosecution hypothesis not be plausible at all, according to a criterion of reasonability. In all other cases, the acquittal of the defendant is required.”  [H/Z Report p.92]

19.  Judge Micheli, in Guede’s trial, found that Guede did not act alone

And that the evidence implicated Amanda Knox and Raffaele Sollecito as accomplices of Rudy Guede in the murder of Meredith Kercher.

20.  Massei found that the evidence implicated AK and RS

He concluded they were joint perpetrators with Rudy Guede in the murder of Meredith Kercher.

4. Proof Of Pack Attack Was Huge

There is an incessant claim among conspiracy theorists THAT KNOX’S OWN LAWYERS NEVER MADE that there was no proof Knox was in Meredith’s room. Simply not true.

1. The autopsy results (essentially unchallenged by the defenses) show definitively that at least two attackers and almost certainly three MUST have carried out the attack.

2. The minute-by-minute recreation of the attack on Meredith and subsequent rearrangement of her body in closed court at trial REQUIRED three to be there.

3. Knox’s DNA mixed with Meredith’s DNA elsewhere, Sollecito’s footprint on the bathroom mat, and his DNA on Meredith’s bra clasp, are ULTIMATE PROOFS.

It is actually very rare for murder scene analysis and autopsy analysis and DNA analysis to all provide such firm proof of who the killers were.

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The 5th Chambers of the Supreme Court, while acquitting Knox and Sollecito in 2015, was nevertheless clear that Meredith had suffered at the hands of more than one attacker.

It wrote -

We refer to the multiple elements, linked to the overall reconstruction of events, which rule out that Guede could have acted alone. Firstly, testifying in this direction are the two main wounds (actually three) observed on the victim’s neck, on each side, with a diversified path and features, attributable most likely (even if the data is contested by the defence) to two different cutting weapons. And also, the lack of signs of resistance by the young woman, since no traces of the assailant were found under her nails, and there is no evidence elsewhere of any desperate attempt to oppose her assailant; the bruises on her upper limbs and those on the mandibular area and lips (likely the result of forcible hand action and constraint meant to keep the victim’s mouth shut) found during the cadaver examination, and above all, the appalling modalities of the murder.

It also found that Knox, and likely Sollecito as well, were present at the cottage when the murder took place.

With this premise, with regards to Amanda Knox’s position, it can now be observed that her presence in the house at the scene of the crime is considered an established fact from the trial, in accord with her own admissions……………. on this point the reliability of the judge a quo is certainly to be subscribed to.

It also wrote, in dismissing Sollecito’s claim for damages for wrongful imprisonment -

It does appear clear, in the light of the judicial truth established in the acquittal ruling concerning the indisputable presence of Knox in 7 Via della Pergola at the time of the murder…......

An exoneration? I don’t think so.

Posted by James Raper on 11/26/21 at 05:04 AM | #

Ah, the enigmatic Fifth Chambers of the Supreme Court…

It is normally assigned to non-violent domestic squabbles, and got the final appeal by nefarious means. Channeling the lead judges in other than their written words:

Dear Judges Marasca and Bruno, please blink twice if you are being held hostage by President Neapolitano under pressure from the Americans, and under pressure from the mafias for the Italian…

As we have posted before: under the post-WWII constitution the President of the Republic of Italy and not the Supreme Court is the ultimate arbiter of justice.

The President has the power, exercised very occasionally (most often under petition; two so far, both ignored, in this case, to try to get the very effective prosecution off the case) to overrule Cassation outcomes, for better or worse.

Do Sollecito and Knox know this? Their lawyers do for sure.

This is the presumed reason Sollecito lawyer Giulia Bongiorno reacted with shock to the verdict read out in March 2015. She and Raffaele had made pretty clear publicly that they wanted Sollecito out, but not Knox.

Knox allowed out was seemingly for Bongiorno a bridge too far. She seemingly knew that, with loose-cannon Knox out on the streets, the illegitimate outcome would forever fester on.

Posted by Peter Quennell on 11/26/21 at 06:55 AM | #

I wonder if there was even a single person in Italy who thought Knox deserved to walk free.

From late 2007 to late 2011 everything she did and said reeked of guilt. Her dramatic image changes and passing shots from Sollecito and disastrous stint on the stand at trial in July 2009 really rammed things home.

Guilty as sin.

Remember Judge Chiari and Prosecutor Comodi were very vocal about the Hellman appeal court being bent.  It wasn’t some huge secret. And it was becoming more and more obviously bent all year.

Both families ensured that it was bent.

The Sollecitos got wrongly-qualified Judge Hellman installed, and the Knox-Mellases got Hampikian to pollute the evidence on the DNA.

The 2011 prosecutors wanted an immediate complaint to the Supreme Court, but there were two problems to that.

Chief Judge for Umbria Dr De Nunzio had started the corruption down the slippery slope in 2010; and the new Prosecutor-General for Umbria Dr Galati had only recently arrived.

His advice was: why complain and settle for half a loaf, when by appealing a bent outcome to the Supreme Court and having it annuled you can get the whole thing?

So annulment was actually in the cards a good year and a half before we saw it announced. 

Knox will be perpetually seen in Italy as the jealous crazy drugged-up nut who delivered the fatal blow.

Guede and especially Sollecito have forever signaled that they had never bought into that. Knox had landed both of them in the soup.

That is why both of them are given breaks of sorts, while everybody is aware that Knox fully deserves 30 years.

Posted by Peter Quennell on 11/26/21 at 10:41 AM | #

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Where next:

Click here to return to The Top Of The Front Page

Or to next entry Correcting NY Times 9: Final Fatal Sequence Proves 3 Attackers With Complete Certainty

Or to previous entry Correcting NY Times 7: No Jessica Bennett Evidence Does NOT Prove Guede Was Sole Killer