Category: Defendants in court

Thursday, December 07, 2017

Why Smart Feminists Much Prefer To Keep Amanda Knox At Arms Length

Posted by Our Main Posters

Smart Feminist Selene Nelson, quoted below

1. First Choice For Trophy Victim?

Who does Martha Grace Duncan for example see as the victim here?

Clearly not Meredith. Clearly not Meredith’s family. Clearly not Patrick, whose business Knox wrecked.

Clearly not the inconvenient Sollecito or Guede who she almost forgets to mention - although Italians almost universally blame Knox for conning that hapless pair into the attack, wielding the fatal blow, and wrecking their lives as a result.

Martha Duncan as we already know has read none at all of the vast trove of court documents.

So she will presumably be surprised that Sollecito made this statement in writing to Supervising Magistrate Matteini, just 48 hours after their arrest.

I never want to see Amanda again. Above all, it is her fault we are here.

In really weird contrast Martha Duncan comes across as besotted, even blinded by Knox. She works overtime to identify herself with her little darling.

Clearly it is KNOX and ONLY Knox that Martha Duncan sees as the victim here. Wow does Duncan go the extra mile for her.

2. Join The Line Martha Duncan

This is not the first time that a faux feminist has performed contortions with the truth to make this case all about Me-Me-Me & Amanda Knox versus All Those Mean Men.

Nina Burleigh went the same way. See this post among others.

So did Judy Bachrach. See for example this post.

So did Linda Marie Basile. See this post rebutted in full below here.

So did Jan Goodwin. See this post.

So did Amy Jenkins. See this post.

So did Katie Crouch. See this post.

So did many of the suspiciously clinging Amanda Knox groupies - though some woke up and took off on her. Remember Maddy Paxton? Long gone.

Who does the best work at taking these faux feminists down a peg?

No surprise here. Invariably other women. So many women simply dont trust Knox or like her. Rather more women than men dislike her in our experience and say so.

For example among others media favorites like Nancy Grace and Wendy Murphy and Ann Coulter were scathing about Knox and the groupies on TV shows. Almost all the most objective reporters have been women. We’ve depended on them a lot.

Here are two who were pretty scathing in correcting the opportunists and dupes.

3. Selene Nelson Decries Faux Feminism

Huffington Post

Why Feminists Owe Amanda Knox Nothing

26/06/2014 14:42 BST | Updated 25/08/2014 10:59 BST

By Selene Nelson

In May the Huffington Post published an article titled Where Are All The Feminists? Why Amanda Knox’s Story Is About More Than Murder. Lisa Marie Basile begins her piece: “Amanda Knox is innocent of murder,” before going on to suggest that Knox was targeted only because she was “sexually active and good looking”. The reason Basile cares? Because she is “a human and a feminist.”

I am also a human and a feminist. I too believe that Knox suffered inexcusably sexist treatment by the media. I also happen to believe that she is unequivocally guilty. As someone who has followed this case for many years, I take offence to the misinformation that riddles Basile’s article. Where, Basile wonders as she laments Knox’s fate, are all the feminists?

We’re right here, Lisa. Basile’s implication - that those convinced of Knox’s guilt do so because of gender prejudice - is laughable. Not only does it demonstrate astonishing ignorance of the facts of this case, but Basile’s entire article is suggestive of the role her own prejudice plays in forming her opinion of guilt or innocence.

Basile is correct that the issue of sexism towards Knox should be addressed. Continually portrayed as a sexual object by the media, the fact that Knox deigned to enjoy casual sex was held up as an indication of her deviancy, and when the press discovered that she kept a vibrator in full view in the bathroom, you could almost hear the collective intake of breath.

The media’s unwavering determination to paint Kercher and Knox as Madonna/Whore figures is also troubling. While Knox has been portrayed as manipulative and sadistic, Kercher has become virginal, passive, saint-like. This is unsettling. Would Kercher’s death be any less tragic had she shared Knox’s penchant for casual sex? Does a woman’s sexuality make her guilty? Does her presumed virginity redeem her? Kercher was an innocent victim, regardless of her sexuality; she does not need to be canonised for this murder case to be any more tragic than it already is.

However, as shameful as the prejudiced handling of the “Foxy Knoxy” persona was, it has no bearing on the evidence against her. The vast majority of people who believe Knox is guilty do not figure her sexuality into their reasoning. Her sex life has zero bearing on my belief of her guilt, nor, I doubt, the opinion of the 20+ judges who have found her guilty. Her two convictions have nothing to do with vibrators, Satanism, cartwheels or kisses, but the mountain of evidence against her. Evidence Basile simply ignores.

To claim, “There is no credible evidence” against Knox is absurd. It is actually ludicrous. Basile dismisses 10,000 pages of it as neither credible nor realistic without even acknowledging it, imparting a string of passionate pro-Knox statements that are criminally unsubstantiated.

What Basile misses is the point that were Knox unattractive, let alone a minority or male, she would have a fraction of the support she has. People want to explain the evidence away, or ignore it completely as Basile does, precisely because they don’t want to think a nice pretty white girl could commit a crime like this. Basile has conveniently neglected the fact that Knox’s femininity and attractiveness have helped her far more than hindered her, because in order to believe Amanda Knox, you have to overlook the following:

Her DNA mixed with Kercher’s blood in five spots; Knox’s fresh blood, and Kercher’s blood, smeared in the bathroom; Sollecito’s DNA on Kercher’s bra; Knox’s DNA on the handle of the murder weapon, Kercher’s on the blade; the footprints matching the bare feet of Knox that contain her DNA mixed with Kercher’s; the staged crime scene with glass on TOP of the clothes and a near impossible window entry point; Knox’s false accusation of her employer; her total lack of alibi and multiple lies; the phone and computer records that prove dishonesty; her utterly implausible account of the morning after the murder; the frantic call she made to her mother in the middle of the night that she “forgets” making; her email home; the witness testimony; the fact Knox knew multiple details about the murder she couldn’t possibly have known; the evidence suggesting Kercher’s body was moved and the scene staged hours after her death when Rudy Guede, the third person convicted of the murder, was long gone.

This is by no means an exhaustive list of evidence but is just an indication of how embarrassing these “no evidence” claims are. Blind ignorance of the subtleties of this case seems to have spread across a great deal of America like some kind of mental epidemic. What has prompted this trust of Knox, so entirely out of place considering she is a convicted liar and slanderer? Even the 2011 appeal that acquitted her (and was subsequently thrown out by the Supreme Court for being inaccurate, illogical and biased) increased her sentence in this respect. The urge to believe the Italian courts have now twice convicted two young people without evidence is shocking and reeks of xenophobia.

Basile then tries to defend Knox’s “false confession”: “We should remember that Knox was interrogated for many hours without food or water [and] slapped and screamed at in Italian,” she writes sympathetically. What nonsense. It is a fact that Knox’s interview was at most two hours long; minimal research would have told Basile that the torturous, lengthy interrogation story was utterly fabricated. So fabricated that her parents face criminal defamation charges for claiming otherwise.

More importantly, this wasn’t a false confession now was it; it was the flagrant false accusation of an innocent man. As soon as Knox learned of Sollecito’s alibi withdrawal for her (another fact conveniently ignored by her supporters and Basile), out came the finger of blame, the same finger she kept pointed at her employer for over two weeks while he languished in jail. Two weeks. This was not a “false confession” blurted out on impulse: Knox let an innocent man suffer for a fortnight.

Basile gives free pass after free pass to Knox, justifying her lies, excusing her behaviour, dismissing the evidence. Why? Why is Knox’s word enough?

She may argue this: “There was no hair, fibre, footprint, shoe print, handprint, palm print, fingerprint, sweat, saliva, DNA of Amanda Knox in the room where Meredith Kercher was killed,” as her attorney stated. “That tells you unassailably that she is innocent.”

Sounds compelling. That is until you realise that applying that logic to all the evidence, rather than just that which incriminates Knox, presents quite the conundrum:

“There was no hair, fibre, footprint, shoe print, handprint, palm print, fingerprint, sweat, saliva, DNA of Rudy Guede in the blood-stained bathroom where there is the blood and DNA of Knox. That tells you unassailably that Guede did not do the crime alone.”

Or this:

“There was no hair, fibre, footprint, shoe print, handprint, palm print, fingerprint, sweat, saliva, of Knox in the bedroom where she slept…That tells you unassailably that Knox never even lived in the cottage.”

Aside from the inaccuracies throughout, what grates most about Basile’s piece is the title, the suggestion that feminists have failed Knox. What total short-sightedness; what utter blindness to the sensitivities of this case. Feminists owe Knox nothing and to suggest we do is ignorant and insulting. She had a hard time in the press, yes, but frankly it’s not the point. I too have been angered by what the media too often chooses to focus on, but for entirely opposing reasoning: it allows her supporters to deflect the actual issue. It allows them to gloss over the unequivocally incriminating evidence that Amanda Knox either murdered Meredith Kercher herself or, at the very least, played a devastating part.

Her “Foxy Knoxy” status is an irrelevance. No one has “failed” her. She has failed herself, and she fails the Kercher family each and every day she protests her innocence. There is only one female victim here - Meredith Kercher - and how dare Basile allow Knox’s PR spin, and her own wilful ignorance, to conceal that.

4.Law Expert Nicki In Milan Decries Faux Feminism

14 June 2009. Posting from Milan where we also have been watching Knox testify in Italian.

Here are just three of the disbelieving headlines on the testimony that have been appearing in the Italian press.

• All of Amanda’s wrong moves (La Stampa)


• Amanda growls but Patrick bites (Il Giornale)


• Amanda: I am innocent. But many “I don’t remembers” start popping up (ANSA)

As many of us were expecting, Amanda’s testimony has backfired. She came across not as confident but arrogant, not as sweet but testy, not as true but a fake who has memorized a script, an actress who is playing a part but not well enough to fool the public.

It is true that the Italian media and public opinion in general have not been very benign with Knox. But not for the reasons that the American media seem to want to push.

Let’s make it clear, Amanda Knox is not on trial because Italians are unaccustomed to or even “jealous” of her freedom and lifestyle”¦ The first time we read these “explanations” we found them quite laughable.

But for many or most Italians the initial amusement has now given way to a profound irritation. Amanda Knox’s lifestyle is shared by hundreds of thousands of Italian girls, who like partying and sex as much as she does - or even more - and they live a happy carefree life with no fear of being perceived as “bad girls.” They behave no differently from any other girl of the same age in America or in any other Western country.

Dear American media, welcome to the 21st century and to globalization!  Please put aside pseudo-romantic and passè vision of a country where all men chase American girls because Italian women are not as approachable for “cultural” reasons: Italian men are into foreign girls no more but no less than Italian girls are into foreign boys.

They generally greatly like Americans because of their great interest and curiosity for a country and its people that many Italian youngsters have only known through books or movies. Amanda Knox is not on trial because she is American and therefore too “emancipated”. She could even be from the North Pole as far as Italians are concerned.

What really matters to them is to find the truth about Meredith’s murder and to do real justice for her terrible death. Italians don’t much like Amanda primarily because they perceive her as a manipulative liar, who is suspected of having committed a heinous crime for which there is a whole stack of evidence - and they perceive this even more-so after this last week’s court hearings.
 
In addition, the US media’s seemingly endless bashing of the Italian justice system, and of the whole country, most recently by CBS and ABC, has definitely made things worse.

The Italian police are NOT known to be particularly violent - although, agreed, it may happen when they’re dealing with violent males suspects from Eastern Europe or Africa, or in the streets when they have to deal with a riot. Violence is NEVER used with white, female college students from Italy, America or elsewhere.

And Italy is a sovereign state with a great juridical tradition. Receiving condescending lectures by the media of a country where the death penalty is still applied in many states comes across as more than insulting - it is utterly ridiculous. Before you judge the “backwardness”  of the Italian justice system, you should at least first read Cesare Beccaria’s amazingly humane Of Crimes And Punishments (written in 1764) and perhaps you’ll reconsider.

If the American media just cannot understand that there are alternatives to the “American way “, that may not be so bad after all. But they should at least show some respect for a foreign, sovereign state and its people.

If the media can’t even manage to do so - and they really want to help Amanda - the best thing to do now is to go quiet and let the Italian justice work at its pace and according to its own principles. If Amanda is only guilty of arrogance, callousness and narcissism, she will be free soon.

Dear American followers of Meredith and, for that matter, also friends of Amanda Knox. May I speak right to you, and right past the media?

There has been no character assassination, no demonization, no great wave of hate and revenge, no mad prosecutor, no Satan theory of the crime, no invented evidence, and no massive bumbling.

What there has been is a whole stack of evidence and a VERY careful process. Kernit in effect described all the evidence in his extraordinary 150 questions.

And on Friday and Saturday, Amanda Knox for better or worse chose to answer NONE of them.

5. TJMK Poster Hopeful Decries Faux Feminism

Explaining Why Smart Feminists Have Rightly Been Extremely Wary Of Amanda Knox

First posted 5 June 2014.

1. Late Joiner Of The Dwindling Knox Parade

A week ago in the Huffington Post Lisa Marie Basile asked why feminists are not storming the barricades for Knox.

The gullible Lisa Marie Basile had obviously swallowed whole Knox’s avid self-promotion and serial demonizing to create a muddled article at best, confused about feminism, poorly researched on the case, nasty to good Italians who are in no easy position to defend themselves, and hugely disrespectful to the real victim. 

I want to explain what real feminists are seeing that the faux feminist Lisa Marie Basile has managed to miss. Above all feminism means justice to women, and the many women who post on and support sites like TJMK are upholding justice, for the only woman who counts in this case.

2. An Attack With Indisputable Sex Aspects

Remember, Meredith is the innocent woman who was slain by an undeniably jealous and unhinged fellow female who used two males as her henchmen. No Italian court disagrees with that, and Italian courts (except when hijacked as with Hellmann) are extremely careful. .

The victim was left partly nude and in a staged position on the floor to suggest to whoever found the body that it was a sexual attack. Has Ms. Basile forgotten this actually was a sex crime for which all three were charged and sentenced? This surely opened the door for examination of the sexual behavior of the former suspects.

There was no “gendered expectation” among Italians investigating this crime, only a ” truth expectation.”

Articles like “We Are All Amanda Knox” which Basile mentioned try to normalize and even exult in Amanda’s behavior as a wild woman, but she is not at all the norm there.

Raffaele had led a more restrained sexual lifestyle, actually more typical of a coy young woman than a randy man. Raffaele, in keeping perhaps with the church doctrines in which he had been reared, had not taken any sexual partners except possibly for one, other than in his extensive fantasy life.

Guede’s sex act on Meredith was never in question, as he left behind his DNA to prove he had no boundaries. His nuisance behavior hitting on girls in nightclubs in Perugia was fully discussed, and he got no breaks from anyone on any front.

Knox herself bragged about her liberation ethics and fast work with men. Nobody else turned her into a “filthy, sex-obsessed slut” but herself. The media mostly rather neutrally reported the facts, and even when her track record of casual sex became clearly documented, it was never made a focal point of the trial at all.

What was focused on was Knox’s alibi, her lies that her boss had killed her “friend” and her phone records. Knox was under the microscope for her DNA being found mixed with Meredith’s blood in five locations of the cottage.

Knox was not questioned in court about how many boyfriends she had, or her one-night stands. She was never ever questioned about her sex partners or asked to list them, simply about what males had visited the house who might have had an interest in Meredith.

Again, this after all was staged to look like a sex crime, and had signs of sexual activity on the body. The Italians were hardly rushing off on detours for false reasons of prurient interests.

3. Morphing Into A New Knox Persona

For several years starting in Seattle Knox had adopted a dangerous and very irresponsible lifestyle, which she first bragged about but has tried to back away from since she left Italy. She pretends now to have a monogamous relationship with James Terrano.

Now Amanda manages to visit the television studios in a somber manner without cartwheels or doing splits and laughing. Amazing how serious she has become about her own tragedy while telling it to microphones for the world to hear after giggling about Meredith’s death and sticking her tongue out sitting on a male lap in the police station, making fun of it all when it wasn’t her death involved.

Amanda’s “offness” as Ms. Basile refers to it raised a red flag of disrespect for the victim, which was why it was significant.  Her lack of dramatic weeping outside of the cottage was never an issue.

Italians are very savvy. They are hardly the logic challenged numbskulls that Ms. Basile seems to fear they’ve been painted. Her hints that a godfearing Mignini is somehow inept shows her own bias to the godless and ruleless, the lawless and the stupid. I won’t even go into issues of spiritual faith, it is too divisive. Surely we can all agree with the mandate “Thou shalt not kill.”

4. There Was No Witch Hunt Or Inquisition

Sadly Ms. Basile has bought into Knox’s warren of lies about “forced confessions” (in actuality accusations of an innocent man!), and the cleanup that was somehow “impossible” and a “tortured five days of brutal interrogation”.

All have again and again been proven false and didnt stop her serving a three year sentence. Amanda Knox was challenged on her alibi, the presence of her blood at the scene, and her ownership of a key to the non-broken-into cottage.

She herself brought forward her alcohol and drug use, and blamed it for intoxication and lost memory for the night in question.

To rid herself of her most fundamental misconception about Amanda Knox, Lisa Marie Basile should read this series on the interrogation hoax which Knox still pushes and Basile gullibly swallowed.

5. Why Respect The Virtues Of Sexual Purity?

Modern Italian women are more fast, colorful, liberal and worldly than Americans may realize. They certainly dress a lot better. Naturally they try to live out their Catholic faith as best they can, even if we all fail to meet our highest ideals.

At the same time Italians tend to arrive at very close loving enduring families. How women prepare themselves is a very big component of this success - a success which Americans could use a lot more of. 

Here are some practical reasons why Italians value sexual responsibility, which have nothing to do with faith, religion, or patriarchy, but only the safety of innocent children.

Italians as all cultures do, prefer women who are cautious and circumspect with their sexuality, as a sign of the woman’s self-discipline, a natural caution toward males as a survival instinct which she will pass on to her offspring.

A female’s self-discipline in sexual matters is a hallmark of her personal self-respect and a sign she is able to envision her larger future as the wife of a dignified man.

Most such men hope to marry a woman clean of physical disease who also carries little emotional baggage from multiple sexual affairs and heartbreaks with multiple men.

The fewer of those encounters before marriage, the better chance the children she bears him will be in no doubt of their parentage.

This is supremely important to the man, who will be working to pass on his entire life’s work and heritage to the children he feels he has truly engendered and who carry his genes and his bloodline.

The children will more likely have a safe lifestyle of similar circumspect behavior and self-discipline inculcated by their mother who will be a large influence on their morals.

The mother’s reputation can add or detract from her children’s social position and can expand their opportunities as people of trustworthy background or its opposite.

There can be a safety aspect. A woman who has had a raunchy past may have unfinished business with various men who may possibly come back into the area, begin to harass, taunt, spread rumors, or even physically threaten and cause difficulty for a new husband’s family, suspicious that perhaps one of the offspring is his own.

In this day of twitter, instagram, Facebook, email, and YouTube, sordid rumors that were once easily squelched now become known worldwide on digital media.

It is simple logic that if a woman while in the heyday of her youth and good looks in the full bloom of health and optimism, could not make attachments or command loyalty and devotion despite going all the way to sleeping with a man, that this person somehow has her radar broken or uses poor judgment.

Perhaps she simply prefers the lust for pleasure over saving herself for marriage to the man who would one day do her the most good and with whom she would develop a lifetime relationship. At any rate, she may have a sex drive that overwhelms her judgment. It may motivate her even after marriage, to break the ties of marriage.

The husband of such a woman will also inherit her personal history and may grow to resent behaviors in her past that might tarnish his future and their children’s.

This is merely a common sense outlook on why it is smart to abstain from sexual intimacies with lots of strangers who have no ongoing goodwill toward the person whose body they use, nor any commitment to the offspring of such union financially or physically.

A woman’s body at any time could conceive despite using birth control.

In each normal sex act she takes the risk of facing the horrendous consequences of pregnancy without emotional support, finances, and then she faces 15 to 20 years of her life required to raise the child while trying to introduce him to various father figures who may never feel the natural bond to the child that a married father would.

Talk to single moms anywhere, their path is no piece of cake.  To choose this hard path by one’s own lack of self-discipline and lack of insight is a foolish act. Society is left buying the diapers and formula and helping the exhausted young mother survive her day job and come home to night feedings.

In other words, all the hard duties of childcare are foisted upon those who didn’t ask for them, who may be tired from raising their own legitimate offspring, a hard enough job with two parents committed and working on the children’s behalf.

Social services are stretched hard enough when emergencies, accidents, death or desertion of the male parent leave women and children stranded and abandoned in financial straits.

To jump over this cliff by choice or lack of foresight is foolish of a woman who knows a child needs two devoted parents. It’s self-absorbed, pleasure loving behavior with refusal to delay gratification.

It is selfish to the community.

Governments have to chase down these fathers for non-support of their own children.

Taxpayers and others who had no joy of the sex act or the union however brief it was, are forced for decades by welfare agencies (and basic compassion) to fork out child support dollars for strangers, rather than see the infant starve.

The child of these hasty and ill-fated unions already may face for a lifetime the hardship of feeling unwanted by his father. He or she may suffer embarrassment at his mom’s unwise youthful choices that were predicated on her lack of logic or poor self-control and willful betrayal of her children’s best future for one of difficulty and poverty.

Where is the love? It was love for self, not others.

An aside: Thank goodness God in heaven does love us all, no matter what our parents made a mess of. All can be resolved in peace and love, but the path of natural life will be much tougher and more limited when the child will not learn problem solving skills from two parents of the opposite sex nor have the benefit of the greater security. “Two are better than one, for they have more reward for their labor.”

6. Precisely WHO Are Today’s Feminists?

There are many forms of feminism. Oddly Ms. Basile is determined to argue for the imparting of partiality and favoritism to a woman who has been found to have killed another woman using two males as proxies. Ms. Basile’s biased view is based on Amanda Knox being wrongfully condemned because Basile thinks she is attractive and sexually free.

But this never happened. There was hard proof against her in DNA in three rooms and a corridor in the house and on a knife handle and upper blade..

Where are all the feminists? Those who have their facts right are allowing justice to take its course, that’s where. Justice is blind, and does not favor the pretty over the ugly or the rich over the poor. Yet all these things may be factors in the cause of any crime.

There are as many flavors of feminist as there are ideologies in the world. Consider this list.

• Liberal feminism


• Radical feminism


• Conservative feminism


• Ecofeminists


• Separatist feminism


• Materialist feminism


• Socialist feminism


• Marxist feminism


• Anarcha-feminists


• Feminist punk movement


• Feminism as a social construction


• Lipstick feminism

There are dozens and dozens.  There are Christian feminists (I am one). All are equal before God, Mary is the mother of the Church, she was allowed to usher in the Savior of mankind. God uses women to restore what women through Eve lost.

Look at Meredith’s heel being exposed under the duvet. (see Genesis 3:15 prophecy from God that the seed of the woman would crush Satan’s head, but Satan would bruise his heel.)

Meredith was even worried she’d packed no socks when she first came to Perugia, and she told friends she hoped her dad would bring some, revealing concern about uncovered feet. .

There are the early feminist suffragettes who worked for women’s right to vote and birth control.  The second wave campaigned for legal and social and political equality for women. Equal work for equal pay. The second wave feminists declared, “The personal is political”.

The second wave in about 30 years splintered off into various feminist camps divided on the issues of pornography *is it exploitative of women or a celebration of sexuality?, male equality versus misandry, homosexuality, the racial issues of women of color, the cultural (some Islamic, some Jewish, some WASP, etc.) women in developed countries versus poverty stricken nations.

Feminism is not a monolithic entity. Arguments abound whether we’re now living in a postfeminist society, whether gender equality has been achieved.

Then there’s third wave feminism.

7. Feminism In The Case Of Meredith’s Murder

The truth of whether a person committed a crime rises above all of these feminist ideologies. All of them. It is not a traditional role problem, it is a problem of no respect for Meredith’s particular life.

If she had been male, the bullies would not have dared.

So it was her femaleness that made her a target. Ironically her vulnerability was caused by another female’s envy and anger management issues and extremely irresponsible lifestyle.

Knox is a very misguided cause for smart feminists.

Thursday, September 01, 2016

How Bob Woffinden, Aggrandizing Investigative Journalist, Attempts To Perpetrate Innocence Fraud

Posted by The Machine

Said to be Bob Woffinden - as a pop music reporter, some years ago

Added in 2018. Bob Woffinden died on 1 May. He never reversed his false claims about Guede. His website was later taken down.

1. Woffinden and innocence fraud

These days innocence fraud is a very real thing.

A stern warning was issued to crime laboratory administrators that some post-conviction exonerations may have been secured by innocence activists using malicious tactics, or ‘innocence fraud’, creating potential public safety threats as convicted felons are released from prison.

In this post, I will analyse another example of innocence fraud, this time by British journalist Bob Woffinden on Meredith’s case. Woffinden has done this on other cases before.

He specialises in alleged miscarriages of justice, and has written articles for The Guardian, The Daily Mail and The New Statesman and authored a number a books about high-profile murder cases: Miscarriages of Justice; Hanratty: The Final Verdict and The Murder of Billy-Jo.

Woffinden’s default position when it comes to controversial murder cases seems to be to assume a miscarriage of justice, and to claim someone has been convicted of a crime they didn’t commit.

He’s claimed that James Hanratty, Jeremy Bamber, Barry George, Sion Jenkins and Jonathan King are all innocent. Reflexively anti-police, Woffinden as I described in the post linked to above on the James Hanratty case has a history of putting victims’ families through considerable pain.

2. Woffinden On Meredith’s case

Here he tries to prove that Rudy Guede is innocent of murder, and falsely claims he was convicted because he was black. He also tries to cast doubt on the hard fact that Meredith was sexually assaulted - or that the police got anything right.

Anyone who has read the official court documents and court testimonies with regard to the Meredith Kercher case will be able to assess Bob Woffinden’s professionalism and credibility and ethics as an investigative journalist article by reading his contorted take.

To those who really do know the case, it is immediately apparent that he’s pretty ignorant of the main facts, and that he hasn’t bothered to read the official court documents or the court testimonies available in English here.

He mindlessly repeats various endemic Friends of Amanda PR myths. For example, he erroneously claims the prosecutors concocted the scenario of a sex orgy gone wrong.

“The second mistake then ensued from the first. Needing to explain the presence of their three suspects in connection with the supposed sexual assault ““ and knowing there was absolutely no evidence to link Guede with Knox and Sollecito ““ they [the prosecutors] concocted the absurd scenario of a sex orgy gone wrong.”

Dr Mignini didn’t ever say anything about there being a sex orgy that went wrong when he presented his scenario to the court at the trial in 2009 and the numerous hearings (which Woffinden seems totally unaware of) in the 15 months before.

Instead he gave the court a detailed chronological account briefly summarized below of a vicious physical and sexual assault on Meredith, which culminated in her dying some time after the killers left and locked her in.

23:21: Amanda and Raffaele go into the bedroom while Rudy goes to the bathroom.

23:25: A scuffle begins between Amanda, helped by Raffaele, and Meredith. The English girl is taken by the neck, then banged against a cupboard, as shown by wounds to the skull. She resists all this. Rudy Guede enters.

23:30: Meredith falls to the floor. The three try to undress her to overcome her; they only manage to take off her trousers. The girl manages to get up, she struggles. At this point, the two knives emerge from the pockets of Amanda and Raffaele: one with a blade of four to five centimetres, the other, however, a big kitchen knife. Meredith tries to fend off the blades with her right hand. She is wounded.

23:35: The assault continues. Sollecito tries to rip off the English girl’s bra.

23:40: Meredith is on her knees, threatened by Amanda with the knife while Rudy holds her with one hand and with the other hand carries out an assault on her vagina. There is first a knife blow on her face, then straight away another. However, these blows are not effective. The three become more violent. With the smaller knife, Sollecito strikes a blow: the blade penetrates 4 centimetres into the neck.

There is a harrowing cry, which some witnesses will talk about. Amanda decides to silence her, still according to the video brought to court by the prosecutors, and strikes a blow to the throat with the kitchen knife: it will be the fatal wound. Meredith collapses on the floor.

23:45: Meredith is helped up by Rudy and is coughing up blood. The English girl, dying, is dragged along so that she can continue to be undressed.

Why is Woffinden unable to substantiate his claim that the prosecutors concocted the scenario of a sex orgy gone wrong with a verbatim quote from Mignini or Comodi?

Because they never claimed this at all. A competent and ethical professional journalist should be able to support every claim they make.

Woffinden regurgitates another popular PR myth by claiming that Rudy Guede pleaded guilty late in 2008.

“Even as he [Rudy Guede] pleaded guilty, he vehemently asserted his innocence, saying, “˜I can’t talk about things I haven’t seen and that didn’t happen to me’.”

Rudy Guede has never pleaded guilty or confessed to Meredith’s murder. He has always denied killing Meredith. He opted for a fast-track trial in mid 2008 because he could escape a blatant attempt to frame him as sole perpetrator by the Knox and Sollecito defense.

It meant he would automatically received a third off his prison sentence but at the time he had no idea what that would look like.

Bob Woffinden gets yet another fact wrong when he claims the Hellmann appeal court sanctioned a full review of the scientific evidence.

“...the Italian court sanctioned a full review of the scientific evidence on which they had been convicted.”

It did nothing of the kind. Hellmann merely asked Carla Vechiotti and Stefano Conti to review two pieces of DNA evidence - the knife and bra clasp evidence.

They didn’t review the bloody footprint on the bathmat, the bare bloody footprints which had been revealed by Luminol, or the five samples of Knox’s DNA or the blood mixed with Meredith’s blood in three different locations in the cottage.

Yet another wrong “fact”. Bob Woffinden claims that a police officer flushed away Rudy Guede’s faeces and thus destroyed evidence.

“His recollection that he had leapt up from the toilet seat the instant he heard the scream was bizarrely corroborated by the fact that there were faeces still in the pan when the police arrived. Needless to say, one officer activated the toilet, thereby flushing away important evidence.”

Needless to say? In fact this claim is complete and utter nonsense. The faeces in the toilet wasn’t flushed away. It was carefully collected as evidence and tested. However, it didn’t yield any results.

“The faeces present in the toilet of that bathroom did not, however, yield any results, and Dr Stefanoni, the biologist of the Scientific Police, explained that the presence of numerous bacteria easily destroys what DNA might be found in faeces.” (The Massei report, page 43).

Why would Woffinden make these and other demonstrably untrue claims? It seems obvious that he wants to portray the Italian National Scientific Police (much respected by the FBI) as the Keystone Cops, in order to ridicule the forensic investigation, seemingly his purpose here.

Woffinden makes yet another false claim by stating that Guede made only one inconsistent statement.

“Guede’s solitary inconsistency was this. He did comment at the outset of the investigation that “˜Amanda doesn’t have anything to do with it’. But, at that stage, perhaps he couldn’t believe that she did have.”

Judge Micheli, who found Rudy Guede guilty of sexual assault and murder in October 2008, pointed out in his sentencing report of January 2009 that Guede’s accounts were unreliable and varied a lot.

“Analyzing the narratives of the accused”¦he is not credible, as I will explain, because his version is (1) unreliable, and (2) continuously varying, whether on basic points or in minor details and outline.”

Bob Woffinden also seems to be pushing the wrong notion that Rudy Guede didn’t implicate Amanda Knox until much later - which is another FOA PR myth.

Guede first implicated Amanda Knox and Raffaele Sollecito whilst on the run in Germany on 19 November 2007 in an intercepted Skype conversation with his friend Giacomo Benedetti:

Giacomo: “So they [Knox and Sollecito] killed her while she was dressed.”

Guede: “Yes, here it says that they [clothes] were washed in the washing machine, but that’s not true. She was dressed.”

Bob Woffinden makes the erroneous and offensive claim that there’s no evidence that Meredith was sexually assaulted,

“In their investigation, prosecutors made a series of blunders. The first serious mistake was their assumption that Meredith was sexually assaulted. If one takes cognisance of Guede’s account, there is no evidence of this. The second mistake then ensued from the first. Needing to explain the presence of their three suspects in connection with the supposed sexual assault ““ and knowing there was absolutely no evidence to link Guede with Knox and Sollecito ““ they concocted the absurd scenario of a sex orgy gone wrong.”

Had Bob Woffinden actually bothered to read the key Massei trial report, he would have known that several medical experts - Dr Lalli, Professor Marchionni, Professor Bacci and Professor Gianaristide Norelli - testified that there were indications of sexual violence on Meredith.

Such conclusions were further explained [by Dr Lalli] at the hearing of April 3, 2009, in which it was highlighted that signs were present of sexual activity with characteristics of non cooperation by the young woman, which can be derived from the lesion pattern at the vulvo vaginal level (page 40 of transcripts).

[111] These signs were present in the purple ecchymotic type spots detected on the inner surface of the labia minora, the area where they are usually produced. It is the first point of contact for the sex organ or object including fingers penetrating the vagina and therefore the point at which an action ... performed without the full cooperation of both actors would produce purplish spots of this kind. (The Massei report, page 116).

He [Professor Marchionni] noted in this regard that, even without lubrication injuries of this nature are not the result of consensual sexual intercourse, and he argued that the cause of these lesions had originated from a “forcing” that could have been done by the penis or by hands (page 21, hearing on April 4, 2009). (The Massei report, page 117.)

With regard to sexual violence, he [Professor Bacci] referred to the inspection of the genital area conducted by Dr. Lalli at the morgue operating room. On the internal surface of the labia minora, attention was focused on areas of discolouration, which can be interpreted as small bruises, small abrasions associated with small haemorrhages indicative of “small lesions” (page 16, transcripts) consistent with a violent action of friction, pressure an typical of sexual violence and, while affirming the absence glaring signs of typical sexual violence (page 16, transcripts) he concluded compatibility with non-consensual sexual intercourse’ (page 16, hearing, hearing on April 18, 2009). (The Massei report, page 121.)

He [Gianaristide Norelli] further underlined the presence of a slight bilateral suffusion in the area of the iliac spines, i.e. in the areas corresponding to the anterior lateral part of the flank, which represent the end/terminal parts of the wings of the [pelvic] basin and the fact that “lesions in this area are fairly characteristic of seizure [grasping] and immobilisation”; [it is] an area which is “˜highly suggestive’ in the context of the investigation of sexual assault. (The Massei report, page 124).

It should be stressed that the the doctor who actually performed the autopsy - Dr Lalli - believed Meredith had been sexually assaulted.

“The prosecution focused on Lalli’s statements that he believed there had been non-consensual sex.” (Andrea Vogt, The Seattle Post-Intelligencer, 2 April 2009).

You need just an ounce of common sense to know that murder victims who were also raped or sexually assaulted didn’t consent. The Kerchers’ lawyer Dr Maresca made this very point:

“Sex that ends with someone dead is not consensual.”

Dr Maresca also highlighted the fact several medical experts said there were signs of sexual violence in court. Dr Maresca told the court that the expert witnesses

“sustained the prior results and valuations of the coroner who performed the autopsy and the forensic evidence specialists who already testified”. He added: “And for the first time today, we also heard that the bruises on the victim’s hips were consistent with a sexually violent approach.”

Unbelievably, Bob Woffinden regards Rudy Guede as a reliable and credible witness.

I’m surprised anyone would believe Guede’s ever-changing versions of events when they are so blatantly untrue. Guede gave two different accounts of arranging a date with Meredith and they’re both demonstrably false.

Meredith didn’t go to the Halloween party at the Spanish students’ house on 31 October 2007.

Guede then changed his story and claimed that he had met her at Domus, but Meredith was with her friends continuously and none of them saw her with him. None of Guede’s friends saw him with her either.

“He [Rudy Guede] stated that he met the girl on Oct. 31 in the house of some Spanish students and did not meet her later in the “Domus” pub, that the next day, shortly before going to the date with Meredith…

In the third interrogation, by the P.M. [public prosecutor] on March 26, 2008, he changed the place of his meeting with Kercher on Oct. 31 from the Spanish students’ house to the Domus pub” (Judge Giordano’s Supreme Court report, page 17).

“...and also because none of Meredith’s friends (Amy Frost, Robyn Butterworth and [10] Sophie Purton, with whom she had gone out on the evening of Halloween, Oct. 31, 2007) nor any of Guede’s friends (among others AC and PM) had ever seen them talk to each other.” (Judge Giordano’s sentencing report, page 10).

Meredith had NOT arranged a date with Guede at the cottage on Via della Pergola on 1 November 2007. She and Sophie Purton left their friends early that evening because they mistakenly believed they had lectures the next day.

“They [Meredith Kercher and Sophie Purton] were to meet on the morning of the second at around 10:00 am for a lecture at the university…:” (The Massei report, page 35).

“Meredith was tired from the day before when she had come home about five in the morning; the next day she supposed that she had a lesson at the University at 10 am and she needed to prepare for this and she had to also think about resting” (The Massei report, page 58).

Judge Massei explained at length in his report why Rudy Guede’s claims he had a date with Meredith were not credible.

“Speaking of Meredith, there has already been occasion to make mention of her personality (serious, not superficial, with a strong character), of her romantic situation [i.e. her love life] (she had not long beforehand begun a relationship with Giacomo Silenzi), of the plans she had for that evening (studying, preparing for the following day believing that there would be classes at the University, finishing a piece of homework, as her mother recalled during the hearing of 6 June 2009, and resting).

None of the people she frequented and in whom she confided (her relatives and her English girlfriends) testified that Meredith had made any mention to them at all of Rudy, for whom, therefore, she must not have felt any interest. 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” (The Massei report, pages 365-366).

In rejecting Guede’s final appeal Judge Giordano succinctly summarised the reasons why he was found guilty of sexual assault and murder in his Supreme Court report. It had nothing to do with the colour of his skin.

“The judgement rationale thus proceeds through rigorous logical steps, quite consistently, with no possibility of misinterpreting evidence, distorting significant data, or disruption of the overall probative reasoning. Meredith Kercher, before being slaughtered with the deadly blow at her throat, was the victim of a series of wounds, of forced restraining of her limbs, especially the left hand and arm - and on the cuff of the left sleeve of the sweatshirt she wore clear traces of DNA of the defendant are found ““ aimed at overcoming her resistance to sexual violence, of which the traces of DNA of Guede of the vaginal swabs are evidence, which then led to the violent behaviour of the deadly slaughtering.

The version of the accused is totally unrealistic because, even apart from the obvious omissions and contradictions detectable in his many statements, his previous acquaintance of Meredith, shaped in his story by a meeting on the night before the murder at the Domus pub, by a kiss between the two and by a date for the evening of the following day, is clearly disproved by a whole articulated testimonial structure, [19] coming from several people and indicating that: the two did not meet at the Domus (indicated by the testimonies of all the friends who were accompanying Meredith), even less did they converse, even briefly, at the Shamrock pub during the match between England and South Africa broadcasted the day before (indicated by the testimonies of AC, PM and F), and Kercher never confided anything, as would have been natural, to her friends about a date with Guede, not even on the afternoon of Nov. 1, as she had done in other occasions about details of her personal and love life (indicated by the testimonies of Robin Carmel Butterworth, Sophie Purton).

This is consistent with the portrait of Meredith’s character; she avoided sexual relations with other men apart from Giacomo Silenzi with whom she had begun a relationship that she absolutely did not mean to betray, as stated by her friends, especially not for unimportant adventures.” (Judge Giordano’s Supreme Court report, pages 17-18).

Some conclusions

Bob Woffinden has made a name for himself by publicly championing the causes of convicted killers and sex offenders. Mainstream media organisations such as The Guardian, The Daily Mail and The New Statesman have given him a certain degree of credibilty and respectabilty by publishing his articles. Many people will trust him and assume that he’s a reliable and trustworthy journalist.

However, their trust is misplaced. His lack of due diligence with regard to his article about Rudy Guede and the Meredith Kercher case is disturbing and unacceptable. He doesn’t get the basics of journalism right - which is astonishing for someone who has worked as a journalist for decades. He gets basic facts wrong and he has made numerous demonstrably false claims.

A professional journalist should be able to substantiate every claim they make. Bob Woffinden is unable to do this because he has relied on some of the numerous factually inaccurate articles and the massive defense and PR spin about the case instead of the official court documents and court testimonies.

It defies belief that he accepts Rudy Guede’s fairy tale version of events. You don’t expect such childlike naivety from an adult let alone an investigative journalist. He’s obviously blissfully ignorant of the fact that Guede gave contradictory and confllcting accounts.

It seems he has a deep-rooted psychological need to believe in innocence and police malfeasance, which completely clouds his judgement to the point where he blindly supports and campaigns on behalf of people who are blatantly guilty of sexual assault and murder like James Hanratty and Rudy Guede.

If there’s a more sloppy and self-serving journalist in the world, I haven’t come across them yet.

Thursday, May 01, 2014

Did The Bungling Guardian Check Sollecito Enabler Andrew Gumbel’s Myriad False Claims?

Posted by Our Main Posters

Did Gumbel Mislead The Guardian’s Editors?

Gumbel co-wrote Sollecito’s book.

In the Guardian he has a strident piece accusing Judge Nencini of getting a couple of minor facts wrong in the prefinal draft of his excellent report..

So Knox deserves “a new trial”?  This is the same third-rate reporter who has damaged not only himself but Knox and Sollecito with myriad false claims over two years. He fails to mention to the Guardian and its readers that he has a major vested interest here.

Gumbel seems quite incapable of getting even simple plain facts about the case right.  First, note two false claims right there in the Guardian: this was a new trial, and the protracted legal process is Italy’s fault.

Actually no. This was Knox’s and Sollecito’s own first appeal.

And in the UK and US any approval of any appeal after the very decisive trial outcome of 2009 would have been extremely unlikely. The Hellmann court was in effect hijacked, and the courts all know this, and Hellmann is paying a price for it. That added several years to the process.

And in the appallingly inaccurate book Honor Bound which Gumbel co-wrote with Sollecito, he included factual errors and false criminal accusations on every page and often in every paragraph.

The Gumbel and Sollecito book was released in English on 18 September 2012 and within ten days all of Italy knew that the book was a crock.

Bruno Vespa, the persistent host of Porta a Porta, Italy’s most popular crime show (for the equivalent of which American TV cries out) forced Sollecito’s father in national prime-time to admit that at the core of the book was a huge lie.

Other claims about the case and the officials were shown to be wrong on that show too.

Huge numbers of professional book reviews and Amazon reader reviews swallowed Gumbel’s and Sollecito’s false claims in the book whole. The nastiness toward Italy and its justice system and officials was ratcheted onto a whole new plane.

Charges Expected Against Andrew Gumbel

For the legal reasons explained in this key post an investigation by the Florence Chief Prosecutor’s Office was mandated to begin.

In that same post it was warned that for the period the investigation would require, it would be taken below the radar, so that the Sollecito and Gumbel team would have no way to respond through dishonest PR or legal dirty tricks.

A not-unsurprising result of that stealth move was that in the meantime, in the last year, very full of themselves and feeling no constraint, Sollecito and Gumbel went hog-wild in adding more crazy claims.  And still more.

Now Prosecutor Gianbartolomei has issued his announcement of the conclusion of his investigation. Felony charges will be brought, though the specific focus has at present not been revealed except to the defenses.

As we reported several weeks ago, the defense had 20 days to say something, such as to request that Sollecito or Gumbel be interrogated or allowed to declare or explain something.

Then the prosecution will file charges against Sollecito and Gumbel, and possibly their foolish book promoter, Sharlene Martin, and Simon & Schuster, their sloppy and highly irresponsible publishers in New York.

Which precise false claims Prosecutor Gianbartolomei has made the target of his report we do not know. But this is a target-rich environment, that is for sure:

Examples: 20 False Claims In Seven Pages

These twenty examples of felony claims all appear in the book’s preface which is only seven pages. Such claims continue throughout the book at approximately the same rate.

1. That Italian justice authorities took the easy way out

This is the story of two ordinary people who stumbled upon an extraordinary circumstance, the brutal murder of a British student in Italy. Neither Amanda Knox nor I had anything to do with the crime, but we came perilously close to spending the rest of our lives in prison because the authorities found it easier, and more convenient, to take advantage of our youth and inexperience than to mount a proper investigation.  It’s that simple. And that absurd.

No advantage was taken of them. The two stood out very sharply from all the others of similar age, and of similar inexperience (whatever that means). They did and said dozens of things in the early days that set them sharply apart.

They were interrogated quite fairly, the Italian media was not especially hard, Dr Mignini never ever leaked, and they had lawyers and family handy at every turn after they were arrested. They each gave the authorities less than zero help - they tried to lead them off on wild goose chases, for example the false claim AK made against Patrick and dozens of other false claims, and apparently tried to finger yet another north African, Hicham Khiri, in a conversation they clearly knew was being recorded.

A “proper” investigation was indeed done. Simply read through all the posts on the trial here in the first half of 2009, and the prosecutor’s excellent summations, and you will see what a smooth comprehensive job was done. And the Supreme Court concluded that THREE had to have been involved, from the recreation of the attack and all the wounds on Meredith’s body. Subsequent to Patrick, AK and RS and their lawyers never came within light-years of throwing real suspicion on anyone else.

2. That the preventive custody was very harsh

On November 1, 2007, Amanda and I were carefree students at the beginning of a cross-cultural love affair in a beautiful Umbrian hill town. Within days, we were thrown into solitary confinement in a filthy prison, without access to lawyers or loved ones, accused of acts so heinous and disturbing we may never be able to banish them from our thoughts, or our nightmares.

Raffaele was sent to preventative prison on Tuesday November 6. Capanne Prison was almost brand-new then, and far from crowded. Cells contain TVs and private bathrooms.

All questioning had been stopped early on 6 November until Sollecito could have a lawyer present. He himself wrote to his father in his “prison diary” on November 7:  “I may see you tomorrow, at least that is what I was told by Tiziano [Tiziano Tedeschi, his lawyer at the time], who I saw today and who defended me before the judge.”

Mr Tedeschi made no complaint about any delay in the first meeting with his new client. In Italy, a judge must determine within 48 hours whether to hold or release detained suspects. Judge Matteini did so meticulously with Tedeschi present and refused Sollecito’s release.

3. That the prosecution and Italian media demonized the pair

In the newspapers and on the nightly news, we were turned into monsters, grotesque distortions of our true selves. It did not matter how thin the evidence was, or how quickly it became apparent that the culprit was someone else entirely. Our guilt was presumed, and everything the prosecution did and fed to the media stemmed from that false premise.

In the real world, the prosecution fed nothing at all secretly to the media and publicly very little, none of it self-servingly biased. Italian reporting was sporadic and very mild compared to anything one can see said daily about possible perps in the US and UK newspapers and on US TV. Besides, any coverage, which was in part deliberate in the situation as dozens of students were fleeing Perugia, had no influence on anything, neither on the investigation nor the trial.

The Italian system is set up so media can have less influence than almost any other media on any other justice system in the world. The Micheli and Massei sentencing reports show the judges were not unduly influenced even by the lawyers right in front of them, let alone by mild media reports 1 or 2 years before that.

4. That four years were wasted showing where the prosecution went wrong.

By the time we had dismantled the case and demonstrated its breathtaking absurdity [in the annulled Hellmann appeal] we had spent four of what should have been the best years of our lives behind bars.

“We” meaning the defense lawyers did very little in the annulled Hellmann appeal that they hadn’t flailed uselessly against in the trial. Except of course maybe shopping for an inexperienced and pliable business judge, and for DNA consultants who they could then spoon-feed. Much of the hard evidence they simply kept well away from in the trial and annulled appeal. Such as the extensive evidence in the corridor and bathroom and Filomena’s room, which were all considered parts of the crime scene.

On the other hand, RS’s claim could well apply to what Dr Galati and Cassation did for the Hellman sentencing report. Dismantled the appeal verdict, and demonstrated its breathtaking absurdity.

5. That Knox was made a target because timid Italy was scared of her.

Amanda and I certainly made our share of mistakes. At the beginning we were too trusting, spoke too frivolously and too soon, and remained oblivious to the danger we were courting even after the judicial noose began to tighten. Amanda behaved in ways that were culturally baffling to many Italians and attracted a torrent of gossip and criticism.

An inaccurate and xenophobic remark originated by the American Nina Burleigh, who was having severe culture shock of her own and surrounded only by other foreigners with similar mindsets. What EXACTLY was so baffling about Knox to the very hip Italians? That Knox was pushy, obnoxious, humorless, rather lazy, rather grubby, and not especially funny or pretty or bright?  That she put off Patrick, Meredith, her other flatmates, the boys downstairs, the customers in the bar, and just about everybody else except for the distasteful druggie loner Sollecito?

Read this post by the Italian-American Nicki in Milan. To quote from it “As many of us were expecting, Amanda’s testimony has backfired. She came across not as confident but arrogant, not as sweet but testy, not as true but a fake who has memorized a script, an actress who is playing a part but not well enough to fool the public….. Amanda Knox is not on trial because she is American and therefore too “emancipated”....Italians don’t much like Amanda primarily because they perceive her as a manipulative liar, who is suspected of having committed a heinous crime for which there is a whole stack of evidence.”

6. That Knox and Meredith were really great, great friends.

We were young and naive, unthinking and a little reckless. Of that much we were guilty.  But what we did not do””and could not have done, as the evidence clearly showed””was murder Meredith Kercher.

Meredith was Amanda’s friend, a fellow English speaker in the house they shared with two Italian women just outside Perugia’s ancient city walls. She was twenty-one years old, intelligent, and beautiful. She and Amanda knew each other for a little over three weeks, long enough to feel their way into their new surroundings and appreciate each other’s interests and temperaments. I never heard about a single tense moment between them.

Plenty of other people did know of tensions. Meredith’s family and friends all knew Meredith was finding the noisy dirty lazy loud unfocused Knox and her one-night-stands hard to take.  Her other flatmates found her hard to take. Her employer Patrick found her hard to take. His customers in the bar found her hard to take.  The Lifetime movie got this strident angle pretty straight.

Remember, Meredith enrolled for a full academic load at the main university. Knox in sharp contrast took only one undemanding language course - which anyone could walk into - requiring maybe 10 hours of study a week.  They increasingly did less together. In fact after several weeks nobody was lining up to have anything to do with Amanda Knox.

Seemingly unable to reverse herself, she was headed to being among the least popular of students in Perugia.  It should be recalled that the callous remarks by Amanda Knox about the death of her so-called friend Meredith included “Shit happens”, “She fucking bled to death”, and “‘I want to get on with the rest of my life”.

7. That an intruder knew about the rent money and so murder ensued.

Meredith, of course, suffered infinitely worse luck than we did: she came home, alone, on an ordinary Thursday night and had her throat slit by an intruder hoping to steal the household rent money.

There is zero evidence that this was the case. Knox herself ended up with a similar amount of cash that she has never been able to explain. There is zero possibility that Guede would know that any money was lying around - or not lying around, as it was concealed in Meredith’s drawer.

And take a look at the many images of the brightly lit house at night. There are several dozen other houses behind it in the dark which any smart burglar would have chosen first.  In 2008 two real break-ins occurred at the house - both were in the dark behind the house, which is by far the easiest place to break in.

So much for the spurious lone-wolf theory, which Judge Micheli first ruled out even before trial.

8. That the media got hysterical and portrayed heartless killers.

But the roles could easily have been reversed. If Meredith’s Italian boyfriend had not gone away for the weekend and if Amanda had not started sleeping over at my house, she””not Meredith””might have been the one found in a pool of blood on her bedroom floor. That reality was quickly lost amid the hysteria of the media coverage. But it continued to hover over both of us””Amanda especially””as we sank into the legal quagmire and struggled in vain to overcome the public image of us as heartless killers.

There was zero media hysteria. This silly claim was addressed above. Watch the Porta a Porta YouTubes and dozens of other Italian reports and try to find ONE that is not fair and cautious and mature.

How precisely did the two struggle in vain to overcome their public image? By coming up repeatedly with stories which didnt even tally with others of their own, let alone with one another’s? They never between them made even one helpful statement which actually helped the police.  And even their respective parents strongly suspected or knew of their guilt and were all caught incriminatingly on tape.

9. That Rudy Guede did it alone; ignore vast evidence that proves not.

This should not have been a complicated case. The intruder was quickly identified as Rudy Guede, an African immigrant living in Perugia with a history of break-ins and petty crimes. His DNA was found all over Meredith’s room, and footprints made in her blood were found to match his shoes. Everything at the crime scene pointed to a lone assailant, and a single weapon. Guede repeatedly broke into houses by throwing a rock through a window, as happened here, and he had been caught by the authorities in the past with a knife similar to the one that inflicted Meredith’s fatal wounds.

This is laughable. It has in fact been demonstrated in numerous ways that the attack involved multiple assailants and this was accepted by the Supreme Court.

Sollecito’s own lawyers never forcefully argued this. They produced two non-credible witnesses in the appeal trial (Alessi and Aviello) to actually prove that Guede had some other accomplices or that several others did it. Also Amanda Knox if anything diverted attention AWAY from Guede as he did in turn from her. He wasn’t quickly identified precisely because Knox had rather credibly fingered Patrick.

There is no proof Guede was an intruder. The trial court concluded Knox invited him in. Guede had zero proven history of break-ins or petty crimes or drug-dealing, and late in 2008 at his trial Judge Micheli became angry at such claims. Guede had no prior criminal record at all. He had only been back in Perugia for a few weeks, after an extended stay up north.  His DNA was not found “all over” Meredith’s room. A major surprise, in fact, was how few traces of him were found.

The recreation of the crime scene and the autopsy both pointed AWAY FROM a lone assailant, not toward.  From Meredith’s wounds, it was quite evident that two and perhaps three knives had been used, and not a single weapon. What lone intruder carries or uses two or three knives?  And footprints in blood outside the door matched the feet of both RS and AK. This is why the Supreme Court confirmed Guede’s guilt only “in concorso” (with others).

10. That the cops could have caught Guede fast, despite Knox’s frame

Guede did not call the police, as Amanda and I did, or volunteer information, or agree to hours of questioning whenever asked. Rather, he fled to Germany as soon as the investigation began and stayed there until his arrest two and a half weeks later.

Guede’s apprehension and eventual conviction on murder charges should have been the end of the story. But by the time Guede was identified, the police and the public prosecutor’s office had convinced themselves that the murder was, incredibly, the result of a sexual orgy gone wrong, in which Amanda and I had played leading roles. Their speculations ignited a media firestorm, inspiring sensationalist headlines across the world about the evil lurking behind our seemingly innocent faces.

The authorities had no shred of evidence to substantiate this story line, only erroneous suppositions and wild imaginings. We had an alibi for the most likely time of death, and none of the initial forensic evidence tied us to the scene of the crime. Nothing in our backgrounds gave any hint of a propensity for violence or criminality. We were both accomplished, hardworking students known to our friends and families for our gentleness and even tempers.

Four more untrue remarks. All three were convicted of a murder with a sex-crime element and nobody was wrongly “convinced”. Which alibi is Sollecito talking about now? He himself admits in chapter 1 (Love and Death) that they had no “real alibi”. They still have no alibis at all for the second half of the evening, neither of them, when Meredith’s murder indisputably occurred.

Extensive forensic evidence within days tied them both to the scene. Not a single element of it has been discredited in the eyes of the Massei trial and Nencini appeal court. Not even one. Nothing was falsified.

Neither of their backgrounds was squeaky clean. Both had long been into illegal drugs, the loner Sollecito had to be watched by his father and teachers, the increasingly disliked Knox had a history of doing and saying crass off-putting things. Both were lagging behind their brighter peers in their studies and Knox was taking a year off.

11. That the prosecution fed the media a huge number of false claims.

Yet the authorities stuck to their guns. They fed the media a steady diet of sensationalist stories of how Amanda, the promiscuous American she-devil, and I, her sex-and-drug-addled Italian helpmeet, had tried without success to drag Meredith into our depravity and punished her by plunging an outsize kitchen knife into her neck.

Complete fiction. Again, in the real world, as the media reporters all confirm, the prosecution fed nothing at all secretly to the media, and publicly very little, none of it self-servingly biased.

Italian reporting was sporadic and very mild compared to anything one can see daily on possible perps in the US and UK newspapers and on US TV crime shows. There is zero sign this mild coverage mattered to the courts. As the media reporters all confirm, they were fed next to nothing by the police or prosecution on the case,

But whereas Mr Mignini famously never leaks, the defenses are widely claimed to have leaked throughout like sieves. So did Sollecito’s own family - they leaked an evidence video to Telenorba TV, for which they were considered for trial. Even we at TJMK and PMF received several offers of juicy leaks. Here is one example of where the Knox forces leaked - wrongly in fact - and then nastily slimed the prosecution and defenseless prison staff.

12. That the authorities had lots and lots and lots of scenarios.

It might have been funny if the consequences had not been so devastating. Listening to the tortured language of the prosecution””“one can hypothesize that . . . ,” “it is possible that . . . ,” “one can imagine that . . . ,” “this scenario is not incompatible with . . .”””it became clear that the authorities, like the media, were treating our case with the bizarre levity of an after-dinner game of Clue, or an Agatha Christie mystery. Everyone, even the judges in their black robes, had theories they were itching to air.

Have Sollecito and Gumbel ever before been in any other court in Italy or the UK or the US?  Every judge and/or jury has to arrive at a scenario on lines not unlike this. That is the whole POINT of having courts - to weight the probabilities in what happened in the crime.  The only difference in Italy is that the judges have to think their verdict through for weeks, and then write it all out, and then see it scrutinized by a higher court. This is hardly a requirement to be sneered at.

Gumble and Sollecito should have studied how US and UK juries arrive at their own scenarios. Very few US and UK lawyers think they do a better job. Ask those who watched the OJ Simpson and Casey Anthony trials and bitterly criticised the outcomes. And Italy has a vastly lower rate of false imprisonment than the US does.

13. That Italy is a medieval country with a primitive justice system.

It could have been Colonel Mustard in the drawing room with the revolver; instead it was Amanda and Raffaele in the bedroom with the kitchen knife. How was it conceivable that a democratic country known for its style and beauty and effortless charm””the Italy of the Renaissance and la dolce vita””could allow two young people to be catapulted to international notoriety and convicted of a horrific crime on the basis of nothing at all?

This is not remotely what happened. There was very far from nothing at all. Convictions in the US and UK regularly result based on evidence 1/10 or 1/100 of that here - sometimes from one single evidence point. Any one or several of maybe 100 evidence points here could have convicted them in a US or UK court.

Italy gives defendants every possible break, and the justice system is seriously loaded against victims and their families. Read here and here.

14. That the prosecutors office and media were in a grim embrace.

The answer has something to do with the grim embrace that developed between the prosecutor’s office and the sensationalist media. Like addicts constantly looking for the next fix, each fed the other’s insatiable appetite for titillation and attention. The casual cruelty of “Foxy Knoxy” and her Italian lover became too good a story line to abandon, even when it became apparent it was overheated and unsustainable. Our suffering was the price to be paid for the world’s continuing entertainment.

WHAT grim embrace? WHAT addicts? WHAT fix? WHAT insatiable appetite? WHAT titillation and attention? This is clearly defamatory if it can’t be proven, and we can turn up no evidence that any of it is true. It has to be one of the most foolish lies in the entire book, it is so easy to disprove. These who are being accused of crimes here are career police and prosecutors secure in their jobs, and none have the slightest gain to make from false convictions.

15. That in the justice system speculation and hearsay run rampant

The meandering complexities of the Italian legal system, where speculation and hearsay are allowed to run rampant and time invariably slows to a maddening trickle, did little to help our cause.

Total mischaracterization. First note that by comparison with any country in the world THERE IS NOT MUCH CRIME IN ITALY.  There is some minor corruption and still some minor mafia action, but thefts and burglaries and assaults are few and murders even fewer. The main crime if you can call it such is not lining up to pay taxes.  Italy’s murder rate is 1/6 that of the United States and its prison incarceration rate is 1/30 that of the United States, so where IS all this crime about which the claimed speculation and hearsay are running rampant?

The legal process could have been fully over by the end of 2009 if (1) there was not the entitlement to two automatic appeals; in UK and US terms there was very little to appeal about;  and (2) the Hellmann appeal court had not been fixed to produce a corrupt outcome, as the displaced judge Sergio Matteini Chiari and Cassation and the Council of Magistrates have all made plain.

And compared to American police and prosecutors, their Italian counterparts are famously taciturn under their unusually firm rules. There is media interest, for sure, as there should be when there are crimes, but that also is comparatively restrained. Watch the various Porta a Porta shows on YouTube and you will see how sedate crime discussion tends to be.

The Constitution and judicial code set out to achieve the exact opposite of speculation and hearsay affecting justice, and they do so.  Creating this restraint is a primary reason for the judges’ sentencing reports and all the magistrates’ checks of investigations along the way.

This whole series of dishonest claims about the the Italian system in the preface of the book and in a later chapter have clearly not been read through or okayed by even a single Italian lawyer.

16. That in Italy proof beyond a reasonable doubt scarcely exists

For reasons deeply embedded in the country’s history, the concept of proof beyond a reasonable doubt scarcely exists in Italy, and the very notion of undisputed fact is viewed with suspicion, if not outright aversion.

So Gumbel and Sollecito are historians and legal experts now? It would be nice, wouldn’t it, if either were able to explain the remark. This may be an ignorant swipe at the Napoleonic Code on which the law of a lot of continental Europe is based. Ignored is that Italy carried out its own reforms to the Code in 1990 and more subsequently. Much of that reform, it should be pointed out, was procedural or structural rather than substantive law.

There are two things wrong with “..the concept of reasonable doubt scarcely exists in Italy.”

1. It is factually wrong. Italian jurists, the courts, and so on, are well acquainted with the concept as it has been a fundamental aspect of criminal proceedings in Italy as elsewhere for many decades if not centuries.

2. It suggests that Italians are not intelligent enough to understand the concept anyway. That of course is an insult to Italians.  Actually they are no less intelligent than the rest of us elsewhere who strive to understand it.

Until the 1990 Reforms the relationship between criminal and civil proceedings in Italy were governed by the principles of unity of jurisdiction and the prevailing status of criminal proceedings. Hence, if the facts were the same then criminal proceedings (to punish the guilty) and civil proceedings (to render liable the guilty for damages) were heard at the same time and still sometimes are, as in the Meredith Kercher case.

What has changed (relevant to the above quote) is that civil cases can be and are more likely to be heard independently from the related criminal cases and, where not, the standard of proof in civil cases (the preponderance of evidence or, as we usually refer to it, the balance of probabilities) is to be applied to the civil case, and the civil case only, rather than be confused with or overriden by the criminal standard of proof (beyond reasonable doubt).

Not an easy task, admittedly, to apply different standards to different tasks, based on the same facts, in the same proceedings, but Italian judges are trained to do this because that is their system. No judge would EVER confuse “beyond reasonable doubt” with “the balance of probabilities” when the issue at stake is depriving an individual of his freedom.

17. That the Italian judiciary has vast, unfettered powers

Few in Italian society wield as much unfettered power as the robed members of the judiciary, whose independence makes them answerable to nobody but themselves.

Radically the opposite of the truth. The paranoid claim reads like it came from ex PM Berlusconi fearful of his own conviction or one of his parliamentary lackeys such as Girlanda.

The checks and balances on judges in the Italian system are enormous, perhaps the toughest checks and balances in the world. Read here and here about them.

All of the best judges in the world are independent and they all follow a demanding career path, not elected (as ex-Judge Heavey was) under zero criteria, or appointed under the political sway of politicians. We wonder if Gumbel and Sollecito have ever heard of the US Supreme Court? Do those judges answer to anybody? No? How unfettered. 

18. That the courts are the most reviled institution in Italy.

Many Italians retain a healthy skepticism about the reliability of their procedures and rulings. The courts””tainted by politics, clubbishness, pomposity, and excruciating delays””are the most reviled institution in the country.

As our Sollecito Book pages make clear again and again and again, the Italian system is remarkably NOT tainted by politics, as even the most surperficial watcher of the trials of ex Prime Minister Sylvio Berlusconi would know.

And on the issue of popularity we have previously posted this and this and also this.

Our Italian poster Machiavelli (Yummi), who posted our deep analysis of the appeal to the Supreme Court by Dr Galati, has provided these hard facts:

For comparison, in 2011 the percentage of Italians who declared they trust the justice system “a lot” or “enough” was 53.3%. By comparison, the percentage of Italians who declared they trust the government “a lot” or “enough”  were 14.7%, and those who trust the parliament were only 15%.

In 2012, the percentage of Italians who trust the parliament is now only 9.5%, and those who trust the Mario Monti administration are only 21.1%.

Over the eight years from 2004 to 2012 the percentage of Italians who trust the justice system was always bigger than those who trust parliament or government by at least ten points, and in some years we can see a spread of 20, 30, even 39 percentage points achieved by the judiciary over the parliament and government.

However, some cases of corruption (such as our Hellmann-Zanetti case, but also several others indicated by the Rapporto Italia 2012) do hamper trust.

The most trusted institutions in Italy above all are the Carabinieri (74% of Italians trust them) and the Polizia di Stato (71%).

Which means the most trusted institutions are precisely those law enforcement instruments which are deployed to enforce the orders of prosecutors.

19. That prosecutors can spin their cases into any shape they please.

Because the Italian legal system is almost completely blind to precedent and relies on a tangle of impenetrable codes and procedures, prosecutors and judges have almost boundless freedom to spin their cases into any shape they please and create legal justifications on the fly. Often, they are more interested in constructing compelling narratives than in building up the evidence piece by piece, a task considered too prosaic and painstaking to be really interesting.

Whoever wrote this either wasnt an Italian or a lawyer, and either way didnt have much of a clue. The entire Italian system under the post WWII constitution was designed to PREVENT what Sollecito & Gumbel claim it allows here.

There are checks and balances and reviews every step of the way. Magistrates (initially Matteini here) determine what a prosecutor may do in developing and presenting a case. Parties may appeal to the Supreme Court AT ANY TIME as Knox’s lawyers did over her second written confession - which she herself had demanded to make in front of Dr Mignini after he finished warning her of her rights.

Hard for Sollecito & Gumbel to believe, perhaps, but the defense is actually present in the same courtroom. They can raise points of order at any time. So can the defendants themselves, at any time, something maybe unique in the world.

And judges actually have minds of their own. And then there are the unique written sentencing reports, and the two automatic appeals if any parties want to pursue them.

Sollecito & Gumbel should have read the 2012 Galati appeal more closely. The Prosecution’s Appeal To The Supreme Court is available in English here.  Precedent has a section to itself - “The non-observance of the principles of law dictated by the Cassation Court in the matter of circumstantial cases (Article 606(b)) in relation to Article 192 paragraph 2 Criminal Procedure Code.”

Well, that’s precedent, via the Court of Cassation no less! How surprising from Gumbel/Sollecito that they should make that claim about ignoring precedent when in fact there it is, going right to the heart of the flawed Hellmann/Zanetti judgement on circumstantial evidence!  What else is a Code but in effect a codification, a gathering together, a rationalisation, of best law - and precedent? 

There is an absurd irony here, were they aware of it. Perhaps they are. Surely it is Hellmann and Zanetti who have displayed “a boundless freedom” in spinning the case “into any shape they please”, and who have “created legal justifications on the fly”?  As for prosecutors doing this, at least Dr Mignini followed the evidence, and American readers may recall the infamous Jim Garrison, the DA hero of Oliver Stone’s movie “JFK” but who in reality, unlike Dr Mignini, was a total and utter crackpot.

And what issue exploded the Porta a Porta TV show in Italy in September 2012? It was Sollecito’s false claim that the prosecution had secretly tried to offer him a deal if he would roll over on Knox.  NOBODY including his own father and his own lawyers confirmed him. Evidence against both was overwhelming. Nobody needed such a deal, and Italian prosecutors are highly rules-bound against ever offering such deals.

Sollecito was in effect accusing Dr Mignini of a felony with this much-repeated false claim in his book. (In her book Knox also accused Dr Mignini of a felony.)

20. That the prosecutors and judges in Italy are far too close.

Prosecutors and judges are not independent of each other, as they are in Britain or the United States, but belong to the same professional body of magistrates. So a certain coziness between them is inevitable, especially in smaller jurisdictions like Perugia.

Yes, prosecutors and judges in Italy belong to the same professional body of magistrates. But then so does the defense lawyer Ms Bongiorno. The claim that there is no independence between prosecutors and judges in Italy, in fact a coziness between them, is a bit rich.

Consider, say, the UK. It is true cases are prosecuted by the Crown Prosecution Service, a government body, but in serious cases the CPS will employ barristers from the Inns of Court. There is scarcely a judge in the UK, even up to the highest level, who was not and who is not still a member of one of the Inns of Court from whence barristers, for the prosecution or for the defence, ply their trade.

You can’t walk past an Inn without seeing the names of judges on the roll call on the plaques outside. A judge is still a barrister, just fulfilling a different function, although, of course, now paid by the State.  The old school boy tie? Corruption? No, the fulfilling of different roles by members of the same body is called professionalism. 

Judges and lawyers all belong to the American Bar Association in the US and attend the same conferences. No sign that this lack of “independence” ever affects trials.  This claimed excess of coziness is often ranted about online by the Knoxophile David Anderson who lives near Perugia. Nobody who pays him any attention can get where he derives this from. Maybe he heard it from Hellman?

Perugia prosecutors and magistrates are all known to do a fine job, and the national Olympics & earthquake relief cases involving powerful Rome politicians were assigned for competent handling to where? To Perugia… Defense lawyer Ghirga and Prosecutor Mignini have the reputation of being good friends. And Mignini and Massei would both draw their salaries from the State. But so what? Do not judges and DAs in the the USA do likewise? Are Gumbel and Sollecito impugning the professionalism of the counterparts of Mignini and Massei all over the world? It sure reads like it.

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By Peter Quennell on the post 'Knox Calunnia Retrial: Prosecution Makes Strong Case For Letting 3 Year Felony Sentence Stand'.


The court has a ton of reading to do if it chooses to.

Transcripts…

By Peter Quennell on the post 'Knox Calunnia Retrial: Prosecution Makes Strong Case For Letting 3 Year Felony Sentence Stand'.


Re KrissyG’s helpful links to the “memoriale” above.

(1) With luck the court will find…

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