Wednesday, October 21, 2009

John Follain’s Book And At Least One Other On Meredith’s Sad Case Due Out In January

Posted by Peter Quennell

The verdict in the case is tentatively expected around the end of the first week in December and the first of the books will be out about six weeks later.

Please expect detailed reviews of all the books here on TJMK.

Our criteria for judging all the books is really pretty simple. One, will they be accurate on all the evidence and fair to the Italian system? And two, will they tell us sympathetically much more than we already know about the wonderful person that was Meredith? Or will they simply obsess further about the two defendants? 

• John Follain’s book “Death in Perugia” is now announced on Amazon here
• Paul Russell and Graham Johnson’s book “Darkness Descending” is now announced on Amazon here

Everything we know about John Follain (above), the Italy correspondent for the UK Sunday Times, from John’s past reporting on the case, from his past books, and from comments about him by those who work with him in Rome and greatly respect him, is that John is scrupulously fair, never ever sensational, and increasingly well researched on who Meredith really was.

We are still waiting to see what angle Nina Burleigh will be taking in “Cottage in Perugia” but we are hopeful. And we can probably kinda anticipate what one-note angle Candace Dempsey’s “Murder In Italy” will be taking.

Oh and this just for the record. Nearly a million people dropped by TJMK seeking to know Meredith in the past year.

Friday, October 16, 2009

Reporters: Seven Areas To Pinpoint With Curt Knox, Edda Mellas And Chris Mellas

Posted by Kermit

Tough questions for reporters to get beyond the incessant spin

Area To Pinpoint #1

Don’t you think that Amanda’s latest of several defence positions is weakened by the fact that her new alibi - that she was with her boyfriend Raffaele Sollecito all night - does not coincide with the alibi of Raffaele?

He has used his right to not declare in their trial but stated just after the crime that he was at his apartment all night, and that Amanda left between 9 p.m. and 1 a.m. on the night of the murder?

(Raffaele’s defence lawyers and his father have confirmed to journalists covering the trial that while they have some defence issues in common with Amanda - for example, questioning the DNA analysis - Raffaele’s defence is not necessarily supportive of or in line with Amanda’s.)

Area To Pinpoint #2

Why did Amanda cut short a questioning session (where she was accompanied by her lawyer) in December 2007, near the beginning of the investigation, and maintain silence - as is her right under Italian law - until the trial was well underway in 2009?

Area To Pinpoint #3

Why do you need a costly, professional PR campaign aimed at an American audience, when your daughter is in an Italian trial? Some observers feel that since the legal case against Amanda is strong, your only hope is to influence the State Department and obtain its political intervention in this case.

However, American diplomats - beyond providing basic, standard consular support - don’t want to touch this case with a ten-foot pole.

Area To Pinpoint #4

Why do you question the honor and professionalism of the Prosecutor of Amanda’s murder trial through your Amercian focused PR campaign, when Amanda’s Italian defence lawyer had to apologise to Prosecutor Mignini for this campaign?

This campaign extrapolates the slight that an American fiction author (Douglas Preston) felt when he was momentarily arrested after ensnaring himself in a police sting operation to do with planting false evidence when he was using a false name.

This arrest was recently rejected for separate legal action against Mignini. On the basis of Preston’s bad feelings, the PR campaign tells us that Mignini has a “history” of inappropriate behaviour.

Do you agree that this smells of “spin”? Why can’t you fight Amanda’s legal battle on the basis of a solid, coherent alibi?

Area To Pinpoint #5

Why would Amanda call you in the middle of the night in Seattle to tell you about what was still supposedly only a break-in in her house (before Meredith Kercher’s door was broken down by the police who soon arrived), when Amanda was accompanied by her Italian boyfriend who would know better than her how to react?

Why to your great surprise at Capanne Prison could Amanda not even remember making that call? And why on the witness stand did it take you many minutes to summarize that 88-second call?

Area To Pinpoint #6

Before the trial started, Amanda’s Italian defence lawyer publicly stated that Amanda had not been hit by police during her questioning on 5 November 2007.

During that session she stated she was in the cottage when Meredith was murdered, and she falsely accused Patrick Lumumba of being the murderer - an accusation which has given rise to an additional charge against her).

Once the trial had started, and coinciding with the arrival of Amanda’s stepfather Chris Mellas in Perugia, Amanda made a spontaneous statement in court that she had been slapped on the back of her head during this questioning, and her Italian lawyer had to incorporate these statements into her testimony.

Are you satisfied with the Italian defence team? Are they aligned with the talking points of the PR campaign?

Area To Pinpoint #7

The justification that Amanda has been held in preventive custody since she became a suspect is due to the possibility that she may flee Italy (in addition earlier on in the investigation to the possibility that evidence may be tampered with).

On various occasions you have publicly regretted not getting Amanda out of Italy before she was arrested.

Also, Seattle King County Judge Heavey (associated with the “Friends of Amanda” campaign) sent a letter to the Italian judiciary on State of Washington letterhead where he decried alleged irregularities and illegalities in the investigation (nobody knows what he based these allegations on).

Such an official letter would suggest to Italian authorities that were Amanda ever to find herself in the United States before her legal processes have finished, that it could be difficult or impossible to extradite her back to Italy.

Are some of the public statements made on behalf of Amanda counterproductive to obtaining her early freedom?

Thursday, October 15, 2009

Croydon Guardian The Kerchers’ Hometown Paper Continues To Report Objectively

Posted by The Machine

Click above for the factual report. The Croydon Guardian has posted way over 100 stories and regular readers will be among the best-informed in the UK.

The Croydon Guardian was the first newspaper anywhere to mention True Justice For Meredith Kercher, which helped put TJMK on the map in November of 2008.

It is also good to see the journalist Kirsty Whalley doing what so many journalists covering the case have failed to do, namely sticking to the facts. No spin. She writes a balanced account and is not afraid to unequivocally state that Meredith’s DNA was on the blade of the knife and Raffaele Sollecito’s DNA was on Meredith’s bra clasp.

It’s no secret that Amanda Knox’ family and supporters have tried to exert a stranglehold over the media and angrily control what journalists can and cannot write. So it’s refreshing to read an article in a small local paper that hasn’t been hijacked for once by Curt Knox, Edda Mellas, Anne Bremner or Doug Preston.

Incidentally, Anne Bremner needs to prep up on Italian law after getting a basic fact wrong in a recent interview on ABC News when she claimed that the Italian legal system has eight jurors and two judges. Bremner seems to have the unfortunate habit of messing up whenever she’s interviewed about the case.

Who can forget her stridently analyzing entirely the wrong crime scene on NBC last year?

The editors of two of the newspapers in Seattle - the Seattle Post-Intelligencer and the West Seattle Herald - could also learn a thing or two from reading Kirsty’s article. The Seattle Post-Intelligencer will not now allow any of its readers to comment about the case - something that online reporter Monica Guzman was commendably unhappy about.

Italy has been portrayed as being a backward country by elements in the US media and especially by a vociferous minority in Seattle. Perhaps the people of Seattle should be more concerned about being denied the right of freedom of speech, a basic constitutional right, by one of their main newspapers.

The Seattle Post-Intelligencer’s readers deserve to know whether Amanda Knox’s family was behind the decision to ban all comments about the case. It has already been well-documented on TJMK that the Seattle-Post Intelligencer hosts a strident and highly inaccurate “reader’s blog” which has had a record of trashing poor Meredith and her silently-grieving family.

The West Seattle Herald hasn’t fared much better with bumbling reporter Steve Shay covering the case. Shay’s pieces are more like Knox family newsletters than newspaper articles. Shay landed The West Seattle Herald in hot water by making unfounded comments about Mignini, which resulted in Mignini suing the newspaper

If it relies on its own local paper, Croydon essentially knows the truth of what is going on. And Seattle unfortunately doesn’t if it relies on its own dismal reporting.

Monday, October 12, 2009

Case For The Prosecution: #5 Defendants’ Claims Shown As Mass Of Contradictions

Posted by The Machine

[Above: Perugia’s central police station]

Preamble

This series is a summary of the prosecution’s case in about ten parts, with a commentary on matters of key significance.

The material has been reordered so that evidence presented at several points in the trial can be described in one post here. Sources used are the many published reports, some transcripts made of the testimony and the mobile phone records of Amanda Knox and Raffaele Sollecito.

The first four posts were on the DNA evidence, the luminol-enhanced footprint evidence, and Raffaele Sollecito’s and Amanda Knox’s various conflicting alibis.

Now we look at the many contradictory statements of Amanda Knox and Raffaele Sollecito brought out by the prosecution.

The prosecution showed that not only are they contradicted by one another. They are contradicted by telephone and computer records, by closed-circuit TV footage, and by the corroborated testimony of several witnesses.

One question that Judge Massei and Judge Cristiana and the six members of the jury will now be asking themselves is: if Amanda Knox and Raffaele Sollecito are innocent and had nothing to hide, why did they lie so repeatedly?

Knox’s and Sollecito’s lawyers have had the unenviable task of trying to explain all their contradictions away.

Sollecito’s lawyers have argued that he lied out of confusion and fear. Knox’s lawyers have argued that she dramatically changed her version of events because she was hit and mistreated by the police on 5 November 2007.  Neither of these claims stood up to close scrutiny.

And the prosecution made it overwhelmingly apparent to the judges and the jury that Knox and Sollecito each lied deliberately and repeatedly to various people even before they were suspects and even before Knox was questioned on 5 November.

It was made intensely obvious that Knox and Sollecito’s versions of what they did on 1 November had very little in common with each other, especially in that part of the evening when they both claim they couldn’t remember very much because they were suffering from cannabis-induced amnesia.

There is no convincing scientific evidence that shows that cannabis can cause such dramatic amnesia. Skunk cannabis can cause extreme psychotic episodes and murders have occurred as a result. Long term use of cannabis can affect short-term memory and users might have difficulty recalling a telephone number. But wipe out whole chunks of an evening from anyone’s memory banks? The proof simply isn’t there.

1-A) The afternoon of 1 November 2007 according to Raffaele Sollecito

Sollecito told investigators that Knox and he had left the cottage on Via della Pergola at 6.00pm and that they went for a walk downtown. They passed through Piazza Grimana, Piazza Morlacchi and the main fountain in Corso Vannucci.

1-B) The afternoon of 1 November 2007 according to Amanda Knox

Knox told investigators it was an hour earlier at 5.00pm and that they went straight to Sollecito’s apartment.

2-A) The evening of 1 November 2007 according to Raffaele Sollecito

Raffaele Sollecito first claimed in an interview with Kate Mansey from the Sunday Mirror that he and Amanda Knox were at a friend’s party on the night of the murder.

Sollecito said that he downloaded and watched the film Amelie during the night. However, computer expert Mr Trotta said that the film had actually been watched at around 6.30 pm.

On 5 November Sollecito told police that Knox went to meet friends at Le Chic at around 9pm and that she didn’t return until about 1am:

“At 9pm I went home alone and Amanda said that she was going to Le Chic because she wanted to meet some friends. We said goodbye. I went home, I rolled myself a spliff and made some dinner.”

Sollecito claimed that he had spoken to his father at 11pm. Phone records show that there was no telephone conversation at this time. Sollecito’s father had called him a couple of hours earlier at 8.40pm.

Sollecito claimed that he was alone and surfing the Internet from 11pm to 1am. No technical evidence of this was introduced. computer specialists have testified that his computer was not used for an eight-hour period on the night of Meredith’s murder

The Kercher’s lawyer, Franco Maresca, pointed out that credible witnesses had really shattered all of Sollecito’s alibi for the night of the murder.

2-B) The evening of 1 November according to Amanda Knox

Amanda Knox told the police that she hadn’t replied to Diya Lumumba’s text message. The police knew full well that this wasn’t true because they already had her mobile phone records that proved that she had texted him.

“After that [finding out she wasn’t required at Le Chic] I believe we relaxed in his room together, perhaps I checked my email.” But no internet activity at all was proven at Sollecito’s apartment beyond the early evening.

“One thing I do remember is that I took a shower with Raffaele and this might explain how we passed the time. In truth, I do not remember exactly what day it was, but I do remember that we had a shower and we washed ourselves for a long time. He cleaned my ears, he dried and combed my hair.”

But Sollecito made no mention of taking a shower with Amanda Knox on the night of the murder.

In Amanda Knox’s handwritten note to the police she claimed that she and Sollecito ate around 11.00pm:

“One of the things I am sure that definitely happened the night on which Meredith was murdered was that Raffaele and I ate fairly late, I think around 11 in the evening”

But Knox testified at the trial that she and Sollecito ate around 9.30pm.  “After we ate Raffaele washed the dishes but the pipes under his sink broke and water flooded the floor.”

3) The early hours of 2 November

Both Knox and Sollecito claim that they woke up late on 2 November. However, their mobile phone records show the mobiles were turned on at approximately 6.02am. Sollecito also used his computer at 5.32am. The Italian Supreme Court remarked that his night must have been “sleepless” to say the least.

4) The afternoon of 2 November

At 1208pm, Amanda Knox called Filomena and said she was worried about the front door being open and blood stains in the small bathroom. Knox claims that she made this call from Sollecito’s apartment.

However, in his prison diary, Raffaele describes the same conversation as taking place at the cottage.

Knox claimed that when she called Meredith’s Italian phone it “just kept ringing, no answer”.

Her mobile phone records show this call lasted just three seconds, and the call to the UK phone lasted just four seconds. (Meredith’s WeAnswer Call service, which prides itself on how quickly it answers its customers’ calls, boasts that their average speed-of-answer is 5.5 seconds. There were no messages left.)

At 12.34pm Amanda and Filomena again spoke on their phones. Filomena said, “We spoke to each other for the third time and she told me that the window in my room was broken and that my room was in a mess. At this point I asked her to call the police and she told me that she already had.”

The prosecution introduced records to show that Knox and Sollecito didn’t actually call the police until 12.51pm.

In her email to friends in Seattle on 4 November, Amanda Knox says she called Meredith’s phones after speaking to Filomena. Knox’s mobile phone records prove that this was untrue.

In the email, Amanda also claims that she called Filomena back three quarters of an hour later ““ after Raffaele finished calling the police at 12:55pm. But cellphone records show that Knox never ever called Filomena back at all.

Sollecito and Knox both claimed they had called the police before the postal police had turned up at the cottage and were waiting for them. Sollecito later admitted that this was not true, and that he had lied because he had believed Amanda Knox’s version of what had happened.

He said he went outside “to see if I could climb up to Meredith’s window” but could not. “I tried to force the door but couldn’t, and at that point I decided to call my sister for advice because she is a Carabinieri officer. She told me to dial 112 (the Italian emergency number) but at that moment the postal police arrived.

He added: “In my former statement I told you a load of rubbish because I believed Amanda’s version of what happened and did not think about the inconsistencies.” (The Times, 7 November, 2007).

The CCTV cameras in the car park record the arrival of the postal police at 12.25pm which corroborates Sollecito’s admission that he had spoken rubbish.

Knox’s email to friends in Seattle describes the decision to call the police as something implemented by herself and Sollecito, after she had tried to see through Meredith’s window, and after Raffaele had tried to break down Meredith’s door.

Knox’s mobile phone records show that she called her mother at 12:47pm, but she makes no mention of this call in her email. (This call was very extensively analysed by fellow poster Finn MacCool and he showed a fascinating progression in both Amanda’s and her mother’s recollection of that call.) 

Edda Mellas claims that she told Amanda to hang up and call the police ““ but Amanda made no mention of this advice from her mother in describing their decision to call the police.

Amanda Knox testified that she couldn’t even remember phoning her mother, which will be very difficult for the court to believe. Phoning her mother when it is well after midnight in Seattle to tell her mother that she thought somebody had broken into her home and that her housemate was missing seems an unlikely thing to forget.

Amanda Knox told the postal police that Meredith always kept her door locked. Filomena strongly disagreed with her, and told the postal police the opposite was true.

The prosecution also made it obvious to the court that Amanda Knox and Raffaele Sollecito, like Rudy Guede, changed their stories to fit new facts as they became known:

When Sollecito was confronted with the mobile phone records on 5 November, he immediately admitted that they hadn’t called 112 before the postal police arrived.

After initially denying it, Knox readily admitted that she was at the cottage when Meredith was killed when she found out that Sollecito had stopped providing her with an alibi.

Despite this changing of their stories to take into account the latest known facts, Knox’s and Sollecito’s versions still contained numerous contradictions. Sollecito’s final alibi contains several apparent lies, and Amanda Knox accused Diya Lumumba of killing Meredith while making no mention of Rudy Guede. 

In Conclusion

The reasons Amanda Knox’s and Raffaele Sollecito’s lawyers have given for them lying - namely false memories, confusion and fear ““ seem very unlikely to fly with the court.

Repeated evidence was introduced to show that Meredith’s other flatmates and friends all behaved radically differently, and told what were obvious truths that matched up repeatedly and resulted in not a single major contradiction. All were checked out in this careful fashion and then allowed to go on their way.

Only the defendants’ claims failed to coincide or match with everything else.

Again, and again, and again.

Sunday, October 11, 2009

Moved By Italian Justice: Doing The Very Best It Can For Meredith And Her Poor Family

Posted by Hopeful

Crestfallen and broken, Amanda and Raffaele react in visible distress in the latest courtroom photos.

Amanda looks sad, smitten, perplexed, astounded, with anger not far under the veneer, yet overall truly sorrowful for the first time in 2 years. Raffaele is weeping as the court denies more evidence do-overs. He feels the weight of this blow.

These two are probably guilty, but it still makes me sad to see what prison can do to human beings. Why, oh why, couldn’t they have let Meredith live and simply enjoy her sweet life? Mercy to her would have been multiplied back to them so very many times over.

I believe Prosecutor Mignini and his assistant, Mrs. Comodi, and all the Perugia homicide cops want to see JUSTICE done above all.

Surely they take no pleasure in the misery that native-son Sollecito is undergoing. They had to arrest him to redress a huge evil. I’m sure they regret the repercussions this has meant to his father, a fine medical doctor, an upstanding citizen of Italy. Despite this, and America’s loud outcries, they have proceeded.

I think the Italian police and prosecutors have acted with more intense caution and discretion in handling the evidence against Amanda because of her U.S. citizenship. I don’t think this is a case of two innocents being railroaded.

If the Italian police had wanted to score points politically, they could have closed the case after the arrest and conviction of Rudy Guede. The police saw undeniable proof to their practiced eyes that Amanda and Raffaele were very guilty.

And I don’t think forensic scientist Patrizia Stefanoni of the Polizia Scientifica in Rome is in the prosecution’s back pocket. I believe she acted in good faith. Patient and careful analysis of forensic lab samples requires real intelligence and excludes quick passion.

“To Be or Not To Be”. Methinks Amanda does look a little Danish.

It wasn’t fish blood or cat’s blood or pierced ear blood on their hands, it was the blood of honor. Meredith was defenseless in a foreign land. She was a great asset to her own family, to the Erasmus program, to Italy, and eventually to the world. She deserves the best efforts of her host country, and she’s receiving them here.

It now feels like justice is not only happening here - it’s convincingly SEEN to be happening. We all owed you this one, sweet Meredith. May you rest in peace.

Saturday, October 10, 2009

Trial: Further Expert Examinations Denied: The Report From Andrea Vogt

Posted by Peter Quennell

Excerpts from the report of Andrea Vogt (above) in the Seattle P-I.

An Italian jury rejected Amanda Knox’s multiple requests for an independent review of contested evidence Friday, bringing the end in sight to the Seattle student’s contentious murder trial….

Lawyers for Knox and Sollecito, asked the court to approve an independent review of several contested pieces of forensic evidence, most notably the kitchen knife with Knox’s DNA on the handle and what prosecutor’s argue is the Kercher’s on the blade, and a bra clasp with Sollecito’s DNA.

Knox’s lawyers also asked for a review of the luminol-enhanced footprints, the mark on the pillowcase that the prosecution argued was a woman’s shoeprint, but which the defense argues is simply a bloody crease, and several other traces of DNA found in the flat Knox and Kercher shared….

The Kercher family’s attorney, Francesco Maresca of Florence, argued, however, that the court already had plenty of material to review. “We all know that in all trials of this nature there are different analyses of forensic evidence made by the various expert witnesses,” he said. “The court must now consider the seriousness and integrity of the experts’ testimony.”

Prosecutor Manuela Comodi went a step farther, saying while she did not believe a review was necessary, she would she would “almost be pleased” to see the results with regard to the prosecution’s footprint expert analysis.

The eight-member jury, which includes two professional judges, flatly rejected all defense requests at 9:30 p.m. after deliberating just under two hours.

Immediately after the judge’s announcement, Sollecito bowed his head and briefly wept, as lawyers began haggling over court dates for closing arguments.

Knox glanced worriedly at her lawyers, who patted her on the back and insisted confidently after the hearing that the outcome was not unexpected, nor necessarily negative for their client…

“This doesn’t change anything,” said Knox’s Perugian attorney, Luciano Ghirga. “We wanted to clarify the evidence, but obviously the judge doesn’t feel he needs additional information. We are ready to argue.”

The judge was careful to note that the jury’s decision did not indicate a presumption of guilt and left open the possibility that the court could call for additional review of evidence after closing arguments and before a verdict.

Nonetheless many court observers expressed surprise at the fact that the jury chose to not review even a single element of the controversial forensic evidence. For Knox, however, the complete rejection of a third-party review could have a silver lining—effectively positioning her better for an eventual appeal.

Our legal watchers doubt the validity of that last remark - that somehow the judges and the jury have messed up here, and that this is a get-out-of-jail-free card for Knox’s and Sollecito’s appeals.

They note that Italy has a “smart jury” system which is encouraged to take a very broad birds-eye view of the case. The multi-alibis testimony and the mobile-phone testimony and the eye-witness testimony and the various mixed-blood traces and the various bloody footprints are considered almost impossible to account for if the defendants are in fact not guilty. The DNA on the knife and the bra-clasp are not make-or-break issues in this case and never were.

The sleeper in this trial of course as in the Rudy Guede trial is the huge and very detailed report that the judges must prepare and release within three months of their verdict. The astounding level of profesionalism of those reports - unique in the law world - leaves American lawyers in real awe.  In the case of Guede, the report by Judge Micheli was absolutely damning.

If the verdict here also is guilty, those unconvinced by that report will probably all fit neatly into one Volkswagen.

Trial: Further Expert Examinations Denied - The Report From Nick Pisa

Posted by Peter Quennell

Excerpts from Nick Pisa’s report in the UK’s Daily Mail.

A judge last night rejected defence requests for an independent review of evidence in the Meredith Kercher murder case.

The decision means that a verdict in the trial will come by early December as an independent review could have taken up to a month delaying the decision….

Yesterday lawyers for Knox and Sollecito argued that the review should be held because of errors in the police investigation and the way evidence was collected.

Key to the case is a 30cm black handled kitchen knife on which DNA from Knox was found on the handle and that of Meredith on the blade.

Prosecutors say the knife, which was found in the kitchen of Sollecito’s flat, is compatible with the murder weapon - which has never been found.

Knox’s lawyer Carlo Della Vedova said that too many discrepancies had emerged in the examination of the knife by forensic scientists….

Sollecito’s lawyers had also asked for a review of a bloodied bra clasp found at the scene which had his DNA on it.

They pointed out that the clasp had been found during an initial police search in one point and then ‘lost’ for six weeks before being found else where in the room….

Prosecutor Giuliano Mignini had argued that: ‘There is no need for a review as the evidence was gathered in a very professional way by qualified persons.’

In his ruling judge Massei said: ‘The court has heard from several consultants who have brought several elements and which rule out the need for any further proof.’...

As the judge read out his decision Knox, who earlier had been laughing and joking with guards, closed her eyes and looked upwards.

Sollecito rubbed his eyes and was in tears as the decision would seem to indicate the court has already made up its mind over their guilt.

Friday, October 09, 2009

Trial: The Agenda For Today’s Evidence Hearing In The Court

Posted by Peter Quennell

Click above for La Nazione’s report in Italian. The translation, with thanks to PMF’s Tiziano

[Today’s] sitting of the trial of RS and AK for the murder of MK before the Court of the Assizes of Perugia , the examination of the witnesses having been completed, will be dedicated to final investigative requests which will be presented by the parties.

This sitting is being prepared for by the prosecution and the defence with the greatest discretion.

However it is taken as given that the lawyers for the accused will ask for an impartial expert report on the DNA traces at the centre of the investigation. The court will begin to examine these requests tomorrow from 3.30 PM. The time to arrive at a verdict will then depend upon the decision, which could arrive on Saturday. The trial could lengthen if in fact expert reports or eventual other witnesses should be be permitted. If this is not so, however, the final phase with closing arguments and addresses will ensue.

The defences for Sollecito and Knox have already announced that they intend to ask for an expert report on the DNA traces found on the bra clasp of the victim, attributed to the young man from Puglia, and on the traces on the blade of the knife, considered to be the weapon used in the crime, which belong to the American and to MK. The lawyers have in fact challenged the means by which the items were collected and the way that they were analysed, advancing the hypothesis of accidental contamination.

Thus [today] a formal request for the expert report should be made, but the possibility of a surprise request is not ruled out. On the other hand, it does not appear that the PMs Manuela Comodi and Giuliano Mignini will be making any particular requests. They have spoken of a “solid prosecution picture” emerging from the witnesses. The lawyers for the civil complainants, the Kercher family, Francesco Maresca and Serena Perna, seem to be following the same line, having highlighted the “quality” of the work done by the investigators.

The court’s decision should be announced tomorrow Saturday.  It can of course turn these requests for more tests down. If that happens, we would see the closing arguments (summations) from the prosecution and defenses and a verdict all happening in the next several weeks.

With the court only in session from mid-afternoon today, we guess if there is any report it will be a late one. The report tomorrow will be the biggie.

Thursday, October 08, 2009

Newsweek’s Barbie Nadeau Has A Really Vital Piece On How The Evidence Stacks Up

Posted by Peter Quennell

And,  in short, it is ominous.

Click above for the full report. This really IS vital reading. A few key excerpts as follows.

Evidence: Rudy Guede

Who it hurts: Knox and Sollecito

Rudy Guede is the 24-year-old Ivory Coast native convicted in a fast-track trial last October for his role in Kercher’s murder. He is serving a 30-year sentence (his appeal begins on Nov. 19). Guede, who refused to testify in the Knox trial, has admitted that he was in the house when Kercher was killed. He says Kercher invited him there and that the two were making out when a stomach cramp from a bad kebab sent him to the bathroom. He was on the toilet with his iPod headphones on through four songs and, when he came out, Kercher was dying. He says he tried to save Kercher by using a towel to sop up the blood on her neck wounds, but he was scared after a man he says looked like Sollecito told him that “they’ll pin this on the black guy.” Guede fled to Germany, where he was later arrested for skipping a train fare. His feces (found in a toilet), along with his DNA and fingerprints from Kercher’s bedroom, link him to the crime scene. The sentencing judge who convicted him, though, did not see him as a lone assailant. Instead, the judge wrote in his sentencing report that he believed Guede acted with Knox and Sollecito.

Evidence: Murder dynamic

Who it hurts: Knox and Sollecito

One of the most complicated aspects of Kercher’s tragic death is how the murder itself played out. The prosecution believes that Knox, Sollecito, and Guede taunted Kercher in a sex game that quickly escalated to violence and ended in murder. Countless forensic experts, including those who performed the autopsies on Kercher’s body, have testified that more than one person killed her based on the size and location of her injuries and the fact that she didn’t fight back””no hair or skin was found under her fingernails. The defense has confused matters more: Knox’s forensic specialist testified that Kercher had been killed by only one person from the front, but Sollecito’s expert testified that Kercher had been killed by one person from behind.

Evidence: Knox’s confession

Who it hurts: Knox

On Nov. 5, 2007, Sollecito was called to the Perugia police station for questioning about Kercher’s murder. Knox testified last June that she did not want to be alone, so she accompanied him. During his interrogation, Sollecito admitted to police that he did not know for sure if Knox actually spent the night of the murder at his house, as she had told police earlier. Since Knox was at the police station, the head of the murder squad decided to ask her a few questions. Her interrogation started at about 11 p.m., and, by 5:45 a.m., Knox had told police that she was in the house when Kercher died””and that Patrick Lumumba, the owner of the nightclub where she worked, was the assailant. She even described Kercher’s screams. She, Sollecito, and Lumumba were arrested. The next day, Knox wrote a five-page memorandum reiterating everything she said the night before. But since there was no lawyer present during her interrogation””and so far no one has produced an audiotape of the interrogation””Knox’s attorneys were able to have her verbal confession thrown out of evidence. The five-page memorandum still holds….

Evidence: Conflicting alibis

Who it hurts: Unknown

Knox maintains that she spent the night of Nov. 1, 2007, at Sollecito’s house. Sollecito did not take the stand during this trial, and his lawyer told NEWSWEEK that it was, at least in part, because he could not corroborate Knox’s alibi….

So Sollecito did not take the stand in part because he could not corroborate Knox’s alibi. Wow. That has to hurt.

Very much more in Barbie Nadeau’s original piece.  We recommend that you read it all.

Law Enforcement All Over Italy Demonstrating Over Berlusconi Cutbacks Going Too Far

Posted by Peter Quennell

Prime Minister Berlusconi now has his own huge problems so it seems like a good time to demonstrate.

Many Italian cities have just seen demonstrations by law enforcement and there was a large one in Perugia (not these images here).

Leaderships of the law enforcement unions gathered this morning in front of the Prefecture of Police in Perugia to protest against cuts in public security by the government.

Representatives of SIULP, WIS, SIAP, SILPA, UGL and COISP distributed leaflets to people to explain their difficult position as a result of “the Berlusconi government’s political promises to operators of private security,” the “lack of recruitment to compensate for deficiencies in staffing “, the” non-renewal of contracts that expired up to two years ago” and “the inadequate resources being allocated by the government.”

Despite all this, states the flier given out by the union leaderships, the police have quietly continued to work, and to achieve great successes against the Mafia, terrorism, and “widespread crime’....

The president of Umbria provence, Marco Vinicio Guasticce, spoke up on their behalf. “There can be no safety for the citizens if you cut the organs and means that underlie both the prevention and punishment of crime”.

There seems to be a popular theory not unrelated to the facts in Italy that those politicians who move against the police and judiciary always seem to have a lot to hide.

Not much room these days in the overcrowded and underfunded Capanne prison, Mr Berlusconi. Perhaps pick one of the others.