Category: The legal followups

Saturday, January 09, 2016

How A Major Media Controversy In The US Augurs Well For The Imminent Reframing Of The “Knox Case”

Posted by Our Main Posters


1. The Wisconsin Case Now In Dispute

1. The Netflix Report

In mid December a pay-per-view documentary about a murder case in Wisconsin was put online.

Millions of people in the US and elsewhere have paid up and watched the 10-hour Netflix report. Convinced that they are experts now on the whole case, hundreds of thousands of Americans have signed petitions to the President and the State Governor requesting that the convicted Steve Avery be released.

Some viewers have even taken to berating and threatening the investigators and the prosecution both online and in telephone messages and texts.

Their take seems to be of the investigators and the prosecution corruptly making many, many things up during the investigation and trial. Their supposed motive was to cover their tails in a previous case where Steve Avery was indeed wrongly convicted, for which they could now face court and loss of jobs.

Furthermore some reports claimed that a juror had said the jury felt intimidated and were never convinced of guilt.

2. Reaction Of US Media

A growing wave of reports and articles have been aired and published online in effect saying most of the hardest evidence was left out.

The lead prosecutor has been quoted as saying “90 percent of the evidence” against Avery and a relative convicted as an accomplice was not even mentioned in the report.

So a wave of fact-checking is going on.

Even though it is still early days here and here are Time Magazine. Here is the Los Angeles Times. Here is the New York Times. Here is On Milwaukee’s website. Here is the International Business Times.

Several TV documentaries contradicting the Netflix report are reportedly already in the works. See the reports here and here and also here.

And the juror has now denied that the jury was intimidated and did not do an honest job. So far, all the jurors seem to be standing by their verdict, in the face of a lot of heat.

Oh and on those petitions which Netflix stirred? President Obama’s spokesman has said it is not a Federal case so he will not intervene, and the Governor of Wisconsin has said he will not intervene either, as the state has good justice systems in place.

So they will ignore opinion that was deliberately muddled for commercial ends, and instead leave matters to the courts.

2. Parallels To Reporting Of The “Knox Case”

The parallels to the Perugia case are in fact immense.

The prosecution case in 2009 was extremely persuasive and the entire jury (panel of judges) voted for guilt. They sat through the very tough and convincing 1/4 of the trial that was held behind closed doors.

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.

In contrast, almost the entire American media followed the Netflix route.

Main media have struggled to report the trial for language and local-staff reasons, and the Associated Press carried by 2000 media outlets actively misled. Main media presented almost no reporting of the very painstaking judicial checking by ten judges that preceded the case ever going to court.

Main media have still not translated not even one major document (the Wiki and two PMFs and TJMK have translated hundreds of documents now and are still not done) and have left hundreds of evidence points unaddressed.

Main media have also misreported the overturning of the Hellmann outcome and the Nencini appeal. They have especially misrepresented the supposed complete Marasca-Bruno reversal for the Fifth Chambers of the Supreme Court.

As lawyers for Dr Mignini and three of our main posters (James Raper, Machiavelli and Catnip) have shown, in fact the Fifth Chambers (a) should not even have had the case; (b) broke two laws, (c) misinterpreted a few elements of the evidence, (d) left literally hundreds of evidence points out, (e) went against strongly established Italian legal precedents, and (f) even ridiculed plain hard science.

And even so, they still placed Knox right at the scene of the attack at the time, and Sollecito probably so. Accessories before or after the crime. Felons in their view in fact.

So here’s a prediction on what Americans will see in the media soon on this case.

The widespread media reaction against Netflix will be reflected in a major correction in the main media against the serious under-reporting and misreporting of the Perugia case.

We have some idea of what is already in the works. Stay tuned.

 


Thursday, June 18, 2009

The Second Misleading New York Times Comment On The Case By Egan

Posted by Skeptical Bystander



No prizes for guessing that this is Italy’s wonderful Venice.

1. Seattle-ite Egan Gets It Bady Wrong, Again

Timothy Egan of the New York Times came back with a follow-up justification to his first post.

The cat was out of the bag at that point, of course, and the first post was being widely ridiculed as untrue and unfair both in the US and in Italy.

Egan’s second post makes me wonder if he actually even read the comments under his first post before firing off his second round. It also makes me wonder if Egan has any idea of how badly his “contribution” was received in Italy, let alone why.

Frankly, I was surprised that a “Pulitzer prize winning” journalist would make these basic mistakes and write such a shockingly bad article to boot.

I posted this NY Times comment on that second post addressed at his first piece, lamenting the number of basic factual mistakes he made, though without enumerating all of them.

From memory, there are at least five major errors in Egan’s blog entry still not corrected

1. Egan claims that no translator was present for the Nov 5 questioning. This is false. Granted, Edda Mellas and others have made this false claim on the record, repeatedly, even after the Italian police formally challenged it. (Note to Egan: check the CNN world news website once in awhile.) Finally, Edda and others had to change their tune in light of the undisputed facts, but they did so by shifting the claim from no interpreter to no “professional” interpreter. This too turns out to be false. How can Egan continue to claim that no interpreter was present when at three were called upon by the prosecution to testify under oath as witnesses to the session of questioning where Egan wants us to believe there were no interpreters? Incidentally, they—like all of the other relevant witnesses—have stated under oath the Knox was not physically abused or maltreated. Conversely and as a reminder, Knox is not testifying under oath.

2. Egan also claims that there is forensic evidence against Guede only, and not the other two suspects. This, as everyone else except official FOA spokespeople know, is false. For anyone who is interested in knowing what it is, this non-profit website would be a good place to start. It is too bad that Mr. Egan did not do more than just consult the new afterword to Doug Preston’s Monster of Florence book. In fact, Egan’s blog entry serves as a friendly review in a way.

3. Egan stated that a 6-person jury, with two judges among them, would decide the fate of Knox and Sollecito. Ii shows Egan’s sweeping and sweepingly ignorant indictment of the Italian criminal justice system. In fact, the correct numbers are 6 lay jurors and 2 judges, for a total of 8 individuals - and thereafter two automatic appeals. Does this make a difference? Only insofar as it is definitely better to demonstrate a grasp of the basics of the system one seeks to criticize. Instead of quoting Rachel Donadio, who was in fact talking about Italy’s Prime Minister, Egan would have been better off trying Wikipedia or, better still, a comparative law website. There are tons of them out there.

4. Egan states that Amanda Knox only suggested that Patrick Lumumba maybe killed Meredith Kercher. In fact, Knox did far more than that. She firmly accused him of killing her roommate, twice orally, and then three times in writing. The written statements were not coerced, and testimony from half a dozen other people (again, under oath) refutes Knox’s claim that her oral accusation was coerced. An investigation is underway, ordered by one of the two prosecutors. In fact, Knox admitted on the stand that her third written statement was not made because she was hit - it was a “gift” to the police who supposedly tortured her, whatever that means!

5. Egan failed to point out that two prosecutors are working side by side on this case. If Mignini has to step down because of the verdict in a pending matter, the case will go forward in the able hands of Manuela Comodi who is handling more than half the testimony. I hear she is clean as a whistle: not so much as a slap on the wrist during her career. Instead of just repeating what Doug Preston writes, Egan could have told us in more detail about the charge pending against Prosecutor Mignini.


2.  Enabled By Heavey, Bremner and Ciolino

Allegedly, some individuals—like Paul Ciolino, whom Egan quotes in his rebuttal (?) entry—speak of a “pattern” of misconduct, but I have been unable to find any other example of possible “abuse of office” except for the one related to the Monster of Florence case.

Wouldn’t it be great if an investigative journalist of Pulitzer prize caliber were to take the time to find out what the facts are in the longstanding feud between Mignini and Spezi, Doug Preston’s friend and associate? That would really add substance to this fake debate.

Paul Ciolino’s paid work for 48 Hours on this very case has been laughably poor. Forgive me for not taking the time to count the ways.

In a Seattle fundraiser for Knox he stated that legal experts in the US and Italy believe Mignini is “mentally unstable”.

What this really boils down to is the following: one quote in Italian by an Italian judge that was taken out of context (that’s the Italian legal expert (singular)), and statements made by two people from the Seattle legal community, Anne Bremner and Judge Michael Heavey, who have never set foot in an Italian courtroom but who happen to be members of FOA (Friends of Amanda).

Heavey, a neighbor of Knox’s, actually wrote a letter to the authorities in Italy asking for a change of venue. That letter ““ which incidentally was written on Heavey’s official Superior Court Judge letterhead—was so full of errors, and was so embarrassing to Knox’s own defense team, that Heavey is said to have written a second letter in apology.

The first letter, after being prominently displayed on Anne Bremner’s website, was then quietly removed. As if it had never existed. Never apologize, never explain, as Flaubert said. Where is that letter of apology? Why is it not displayed on Bremner’s website? Was it too written on official letterhead? As a King County taxpayer, I’d sure like to know.

Where are those Pulitzer Prize winning journalists when you need them?