Monday, February 08, 2010
The Sad Case Of Sonia Marra #1: Summary Of The Known Facts Up To The Charging Of A Suspect
Posted by catnip
This annotated summary below of the known facts of Sonia’s case up to the charging of a suspect is the first of four posts here on TJMK.
Tomorrow I’ll be posting on on the release of the suspect. Then there will be two posts by my fellow Italian-speaker Tiziano, who has translated many of the media reports.
Sonia’s case is of special interest to us here because violence to women happens rarely in Perugia, and a year prior to Meredith meeting her fate, this case placed a cloud over the town.
And there are two other reasons why it is of interest.
- It reflects the caring and discretion which is for the most part to be found in the Italian media - nobody here has been demonized.
- It reflects the extreme caution of the Italian judiciary, which has released the prime suspect when the evidence did not stand up.
These facts are drawn from a number of Italian sources, and you will find all of them below listed the fold ("MORE") at the bottom of this post.
The known facts
Sonia Marra disappeared on 16 November 2006 in Perugia (n1). She was 25 years old (n2).
Her body has never been found (n3) and nor has her phone (n4) which was switched off on the evening of her disappearance and was never switched on again (n5).
Despite really intense investigations, there has never since been any trace of her (n6).
Her ex-boyfriend Umberto Bindella was arrested (n7) at 6pm on the 18 January 2010 (n8) on suspicion of her murder - he is now released again, see below.
Her family raised the alarm when they were no longer able to make phone contact with her (n9). Her mother called her that night, as she did every day, but her phones were off (n10).
Alarmed, she called her other daughter Anna, who lives in Rome with her boyfriend Paolo (n11). They both tried all night to call her, but were unsuccessful. (n12).
On the morning of the 17th, Paolo went to her apartment in Perugia (n13). He was unable to enter, seeing as there was a strong smell of gas coming out. (n14).
At this point, Sonia’s cousin called the Fire Brigade, who gained entry. (n15). The place was all in order. There was no trace of Sonia at all. (n16).
A (young woman) neighbour in Sonia’s building (n17) saw someone on the stairs (n18) matching Bindella’s description. (n19).
According to a witness, on the night of the disappearance, at around 8pm, a car parked underneath her apartment. (n20).
A man got out of the light-coloured car and headed towards Sonia’s first-floor apartment. (n21). He opened the door with keys, without forcing the lock.(n22).
Noises were heard from inside apartment, then the man exited, got into the car and left. (n23).
Sonia was from Specchia (n24) in Lecce (n25) in southern Puglia (n26) and was studying in Perugia (n27) at the University of Perugia (n28) at the Faculty of Medicine (n29) training to become a biomedical lab technician (n30).
She was living alone in an apartment in the Elce zone to the west of the historic town centre (n31).
She was formerly with the Theological School in Montemorcino, where she had got to know Umberto (n32). She was doing volunteer secretarial work there (n33) and they both lodged there for a time (n34).
The family’s lawyer is Alessandro Vesi (n35) who is representing them during the investigations as “persons injured” (n36).
They never gave up the search for Sonia and the hope of finding her alive (n37). But Vesi says: “The ray of hope of ever seeing Sonia again is diminishing ever smaller.” (n38).
“There is no way that this [arrest of Bindella] can ever be spoken of as a victory.” (n39).
“For the family, it was gut-wrenching to hear the word ‘murder’ tied to Bindella’s interview, and thereby also to Sonia’s disappearance. They were still hoping she would be found alive.” (n40).
“His arrest now has thrown them into deeper despair.” (n41).
According to the family, the young man would be “considered innocent until the last definitive appeal” (n42). “Certainly, his arrest is a strong link in the investigations, but we have to wait for the conclusion of the proceedings.” (n43).
Umberto Bindella, 31 years old (n44) with no previous record (n45), is from Marsciano (n46). He had been under investigation since November 2009 (n47).
He was charged with: wilful murder (n48) and hiding a body (still not found) (n49) and suppressing evidence (a mobile phone) (n50) and aggravated theft (of a phone) (n51) with a view to misleading the investigation (n52) by making it more complex. (n53).
He denied all the allegations (n54) and his lawyers were confident of accompanying him home after a review hearing (n55) which was two hours long (n56) before the GIP Claudia Matteini (n57).
The public prosecutor is Giuseppe Petrazzini (n58). The Chief Prosecutor is Federico Centrone (n59).
The precautionary custody arrest order, requested by public prosecutor Giuseppe Petrazzini and signed by the GIP Paolo Micheli, was carried out by the Carabineri of the provincial command and by the Postal Police (n60).
The order mentioned the possibility of evidence tampering and flight risk. (n61). The arrest was confirmed by his lawyer (n62) as well as by the carabinieri (n63) and the TV program “Has anyone seen them?” ("Chi l’ha visto") (n64) which has featured the case for a while now. (n65).
The TV program is held in high regard by viewers and is presented by Federica Sciarelli, 51 (n66)
Sonia’s family were said to be “surprised” by Umberto’s arrest (n67). The news had thrown them into deep consternation (n68). They had up until then hoped to welcome their daughter back with open arms. (n69)
The Case made against Bindella
Bindella was the last person to have seen Sonia alive in Perugia (n70). He was interviewed various times previously (n71), in fact 4 times previously (n72). At the last interview, he admitted he was an old partner of hers (n73).
He was interviewed for 3 hours by the Public Prosecutor on 26 November, accompanied by his parents (n74). He was then interviewed as a suspect (n75) and was the only suspect ever (n76).
He had been interviewed in the past as “a person informed of the facts” (n77). His status changed last December (n78).
He has always denied having a relationship with Sonia or being involved in her disappearance (n79). He was only “a passing acquaintance”, “only a friend” (n80). The investigators thought he was lying (n81).
He says they met at the ex-forestiera at the ex-seminary (n82).
His lawyers are Daniela Paccoi (n83) from the “Foro di Perugia” (n84) and Silvia Egidi (n85).
The Public Prosectutor thought the picture against Bindella was clear. (n86). So did the GIP (n87).
Investigators hypothesised there was a (brief) romantic relationship (n88). Sonia was particularly fond of him, they think. (n89). They not only knew each other but there was a relationship going beyond mere friendship. (n90).
That in fact he was her boyfriend. (n91) which he denied (n92),
Just before she disappeared, she bought a pregnancy test kit (n93) (which Bindella says he bought, at her request) (n94) and she had booked a visit to the gynecologist (n95) though she never turned up. (n96).
Triggering the murder prosecutors believed was the news that Sonia might probably be pregnant (n97) and this degenerated into a murder (n98).
It was Bindella who, from the first, informed the investigators that she was having problems because she knew she was pregnant. (n99). He wasn’t ready for the responsibility and so prosecutors believed decided to kill her. (n100)
“I don’t know anything about a possible pregnancy for Sonia,” he told the magistrates at the initial interview. (n101)
But contradicting his assertion were two phone calls with her at the time when she was arranging an appointment with the gynecologist to confirm the pregnancy. (n102)
Phone contact was also made via SMS (n103), just before 8pm, the hour of her effective disappearance. (n104)
The phone records triggered the investigation which led to the arrest (n105) after their analysis by the Postal Police of Perugia (n106)
The phone records established contact between Bindella and Marra, as well as with other people who, when interviewed, provided details useful to a reconstruction of the facts (n107)
As it turned out, she was not pregnant, but perhaps the news arrived too late. (n108).
In November, the Perugia Prosecutor’s Office ordered searches of the area around Montemorcino, where there are deep ravines where it is suspected Sonia’s remains might be found. (n109).
The day after the disappearance, before Binderlla was told about her disappearance, (n110), “I’ve made a right mess of it,” he is understood to have told a police officer friend. (n111). “This is bigger than you or me.” (n112).
There are also doubts about his attendance at an Enlglish course on the night Sonia disappeared. (n113).
The prosecutors’ theory is pure fantasy, said his lawyers. (n114). Thjey said that Bindella, “from the first day, on his own initiative told the investigators that Sonia asked him to but a pregnancy test kit and he did so” (n115).
The prosecution was not certain there actually was a murder and, if there was, that Bindella did it, even if the elements of the case hint at an undeniable involvement. (n116).
Bindella was a bit demoralised by his arrest, but clear-headed and determined to assert his innocence. (n117). His lawyers immediately requested his release. (n118).
His lawyer Paccoi, flanked by her colleague Silvia Egidi, said: “Bindella has answered all the questions put him, furnishing elements which he considered useful for demonstrating his innocence.” (n119). “My client doesn’t understand why he was arrested.” (n120)
“He supplied further particulars regarding his movements prior to the student’s disappearance.” (n121). “In particular, the first two weeks of November, a period which Sonia had described to various people as ‘idyllic’.” (n122)
“But Bindella was not in Perugia for a week during that period, and we have documented proof.” (n123). “In particular, he was in Bologna for exams, and then in Pisa with his mother.” (n124)
“Other investigative leads were not fully followed, especially the possibility of other visitors.” (n125). “Bindella is absolutely respectful of the law, even the road rules, to say nothing of criminal law.” (n126)
Paccoi says that there is no mystery about the remark made to the friend. (n127). Bindella was explaining that the carabinieri were looking for him because he knew Sonia. (n128). He actually said: “What a mess! A friend of mine has disappeared.” (n129)
Even the witness doesn’t remember whether the phrase was “I made a mess” or “It’s a mess” (n130). “Lots of witnesses have modified or rectified their statements as the net drew in” (n131)
“This led in turn to a colpevolista-slanted investigation. (n132). “But I am totally convinced of his innocence, and he is the first innocent that I am defending.” (n133)
“There is no motive” (n134) “It is a case of getting existing facts mixed up.” (n135). “If there is no new evidence, it [the arrest] is a profoundly unjust act.” (n136). “There is no reason at all why my client should remain in prison.” (n137)
Bindella’s lawyer is of completely the opposite opinion (n138). “It’s a given fact that there was no pregnancy.” (n139). “The test was negative; a nursing sister made mention of it.” (n140)
“It is obvious there is nothing new here and we therefore hope to establish that in the rights review hearing, which will probably be Thursday morning”, and further, “It is a given fact that there was no pregnancy and it is not even up for discussion.” (n141)
Sonia’s sister Anna transferred to Perugia three years ago to look for her sister (n142). She says: “finding her alive is only a slim hope now” (n143). “More realistically, I’m waiting to be told where her body is so we can bring her home” (n144)
“Sonia wasn’t expecting to end up where she probably did.” (n145). “Sonia was in love with Bindella” (n146). “Just before she disappeared, Sonia was strange, she told me there was something that wasn’t working for her” (n147)
But “she didn’t have any reason to leave home.” (n148)
Commentator Federica Sciarelli: “There is sadness, yes, but it transforms itself into anger, because in a lot of case, the research into the disappearances were not well done, often leaving dangerous people still on the loose. I’m always astounded by the number of women and girls who have vanished.”
“But call them for what they are: murder with the hiding of bodies. Take the recent case of Sonia Marra, the girl who went to Perugia to study and who called her mother every night: you think it’s possible that she could disappear without leaving even the slightest trace?” (n149)
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Sunday, February 07, 2010
Meredith’s Perugia #23: A Moving Video Of The Venice That Meredith Might Really Have Loved
Posted by Peter Quennell
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Thursday, February 04, 2010
True Justice Is Rendered For Patrick Lumumba (Sort Of)
Posted by Tiziano
Above and below: Patrick Lumumba’s Le Chic Bar which Amanda Knox managed to drive out of business.
More images here including several shots through the glass.
And Terni In Rete confirms his government compensation for his several weeks in Capanne and some damaging badmouthing.
CASSATION: EIGHT THOUSAND EUROS FAIR COMPENSATION FOR PATRICK LUMUMBA
February 4th, 2010
By Adriano Lorenzoni
The fourth criminal session of the Court of Cassation has established that the sum of eight thousand Euros is fair compensation for Patrick Lumumba, the Congolese involved in spite of himself in the murder of the English student, Meredith Kercher.
Lumumba was dragged into involvement by Amanda Knox, and precisely because of her statements spent 14 days in prison. Then the elements gathered by the investigators completely exonerated him. For that unjust imprisonment Lumumba had requested damages of 516 thousand Euros.
In the trial for the murder of Meredith Kercher, Amanda Knox was condemned to 26 years imprisonment, her ex-fiancé, Raffaele Sollecito to 25.Knox, precisely for her false accusations against Lumumba, was condemned to the payment of damages of the sum of 50 thousand Euros with an interim award, immediately applicable, of ten thousand Euros. Neither Lumumba nor his lawyer wished to comment on the decision of the Court of Cassation.
Knox took the stand for two days during her trial, of course, trying to explain why she did what she did to her kindly former employer.
She only seemed to dig herself in deeper.
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Tuesday, February 02, 2010
Italian Judge Ruling Is Tough But Fair In Another Case Involving Americans
Posted by Peter Quennell
We’ve seen no trace of anti-Americanism in the Perugia case, other than restrained reactions by prominent commentators to some strident anti-Italianism from the US.
Typically the two populations get along and like one another, they eagerly buy one another’s products, they visit one another’s countries in droves, and at the political level Italy and the US are very close allies.
So. Does the Italian judiciary perhaps have a covert beef against Americans?
We don’t see that one either. The main Americans that Italian judges see appearing in front of them are students, who seem to have quite a knack there for dropping themselves in it. We don’t post on all those cut-short escapades, but there are several a year reported, and we did post on two that happened in in Florence.
All of the student cases are treated humanely, and the American Embassy in Rome is not kept particularly busy lecturing Italians on how to handle each case. Actually because of this case the Embassy keeps a very low profile.
Judge Oscar Magi (image above) has now issued a 200-page explanation of his mainly-guilty ruling in the CIA kidnapping case. (This document is the equivalent of what we will see within a month on Meredith’s case.)
Fearless, tough, and seemingly fair. The New York Times impartially reports.
The Italian secret service was most likely aware of, “and perhaps complicit in,” the abduction of an Egyptian cleric from the streets of Milan in 2003, a judge in Milan said Monday. But, he added, state secrecy prevented the court from proving this.
The statement by the judge, Oscar Magi, was part of a 200-page document explaining his reasoning behind the landmark November ruling that convicted 23 Americans, most of them Central Intelligence Agency operatives, of kidnapping the cleric. It was the first case to yield convictions in the practice of “extraordinary rendition,” in which terrorism suspects are captured in one country and taken to another, where they may be subjected to coercive interrogation techniques.
Judge Magi convicted a former C.I.A. base chief and 22 other Americans of kidnapping in the abduction of an Egyptian cleric, Osama Moustafa Hassan Nasr, also known as Abu Omar, on Feb. 17, 2003. Prosecutors said the cleric was taken from Milan in broad daylight and flown from an American air base in Italy to a base in Germany and then on to Egypt, where Mr. Nasr asserts he was tortured....
Judge Magi acquitted three Americans, citing diplomatic immunity, and two Italians, citing state secrecy. Tried in absentia, the other 23 Americans are considered fugitives and are sought under a European Union arrest warrant. Through their lawyers, they pleaded not guilty....
The Italian government is not expected to request extradition of the Americans, who are not expected to serve jail time. Still, the case marked the first time a judge in an allied country had placed C.I.A. agents on trial.
Judge Magi wrote that in 30 years as a penal judge, he had “very rarely” heard testimony “so precise, attentive and correct regarding such difficult and serious investigations,” adding that he had never seen a penal trial in which events had been reconstructed with such “certainty” and “such a degree of authority.”
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Sunday, January 31, 2010
Meredith’s Perugia #22: The Pretty Trasimeno Area Just To The West
Posted by Peter Quennell
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Thursday, January 28, 2010
What His Florence Conviction Means For Giuliano Mignini And The Case
Posted by Commissario Montalbano
The short answer seems to be that it won’t really mean very much.
Above at center is Prosecutor Giuliano Mignini, and at bottom here is the best-selling crime writer Michele Giuttari, who is the former head of the national Serial Killing Investigation Division.
The prosecutor in charge, Luca Turco, had requested sentences of 10 months for Mignini and two and a half years for Giuttari.
According to the prosecutor in Florence, Giuttari and Mignini had conducted illicit investigations, with interceptions and/or with the opening of files, on some police officials, including the former Chief of Police of Florence Giuseppe De Donno and the former director of external relations Roberto Sgalla..
They also investigated journalists such as Vincent Tessandori, Gennaro De Stefano and Roberto Fiasconaro with intent to influence their work or to punish them, because they maintained critical attitudes toward the behavior of Giuttari with the press, or regarding the investigation into the death of Perugia Medical Doctor Francesco Narducci.
Narducci was found dead in Lake Trasimeno, to the west of Perugia, in 1985, and he had been a suspect in the Monster killings. At first it was presumed to be a regular drowning.
However, years later, as a result of some wiretapping for unrelated extortion cases, and thanks to some anonymous claims that Narducci was part of a satanic sect which had commissioned the monster’s killings, and had been killed by members of the same sect, the prosecutor in charge (Mignini) reopened the Narducci’s case.
The body was exhumed in 2002 and they found out during the new autopsy (no autopsy was done done in 1985) that he might have been in fact drugged and strangled.
There have been some investigations following that autopsy finding dating to 2004, and apparently some turf wars between the prosecutor’s office in Florence (which was in charge of the Monster case) and the one in Perugia (which was now in charge of the Narducci’s case.
It seems that in spite of an indictment of a pharmacist in Mercatale (the town near Florence where one of the 3 monsters was from) and a dermatologist, the mystery of the murders haven’t been solved as yet.
Mignini was charged with an abuse of office for his investigations. He was also charged for abuse of office relating to some parallel investigations by the prosecutor’s office in Genoa, which was investigating Giuttari for making false declarations to a prosecutor in Florence, Canessa, who was the Prosecutor in charge of the investigations in Florence relating to the monster after the Narducci’s case was revived in Perugia.
Apparently there were disagreements between Canessa in Florence,who wanted to forget about the case, and Mignini, who thought there was a need to investigate these allegations that there was a sect that was actually commissioning and buying the body parts from the monsters (the actual killers were three friends, all convicted and now passed away).
The monsters’ modus operandi was to kill the couples and to cut off the left breast and the genital area of the woman killed using a scalpel, which is why doctors tended to be suspected at the time.
Now for the legal ramifications.
First of all Article 27 of the Italian constitution says that a defendant is innocent until found guilty with a definitive sentence (i.e. only after the Supreme Court upholds the conviction in the second and last appeal).
Therefore in the eye of Italian law Mignini is actually still innocent until all appeals are exhausted.
Second of all, all sentences of 2 years in prison or under are automatically suspended, even when definitive, if one has no prior conviction. If within the next five years the defendant doesn’t commit any crime, the sentence is totally expunged. If instead he commits another crime than the suspended sentence is also applied, and the defendant has to serve it.
The suspension applies to both the prison term, and also to the interdiction from holding any public offices (which comes automatically with any conviction).
As a result of the above, Mignini will be able to continue his work in the Kercher case with no consequences.
Of course this conviction will be exploited by some US media to discredit the Italian justice system further, and in particular this prosecutor and his handling of the Knox investigation as well.
Whether that will have any effect on the outcome of the Knox/Sollecito appeal case, I doubt it. But it will generate bad publicity for sure. Maybe, given the international profile of this case, it might be expedient for Mignini to request to be taken off this particular case while his appeal process goes on, but I doubt that in face of all the attacks he has weathered he would want to do that.
Also note that, although Mignini will assist the Procuratore Generale in the appeal,his own office is not competent at the appeal level, and therefore Mignini will not be arguing the case in court at the appeal level.
There are 3 separate types of Prosecutor’s offices in Italy, each competent for a certain level of trial.
1st Level.: Procura Della Repubblica
This office comprises the Procuratore della Repubblica (State Prosecutor), assisted by various Sostituti Procuratori della Repubblica (Assistant State Prosecutors). Mignini and Comodi are two such Assistants (Sostituti).
This office is competent for arguing on behalf of the State before the Tribunal and before the Court of Assizes (the latter tries serious crimes for which the Penal Code calls for at least 24 years in prison as the maximum sentence)
This Office (Procura della Repubblica), of which Mignini is part, tries only at the first trial level. These magistrates are not the competent offices for representing the State at the appeal level. That tasks falls into the hands of the office below
2nd Level (appeal level). Procura Generale Della Repubblica Presso La Corte D’appello E La Corte D’assise D’Appello
Long name, but the key words are GENERALE and APPELLO. That’s a sort of District Attorney General office before the Courts of Appeals. It’s composed of a Procuratore Generale Della Repubblica (District State Attorney General) assisted by various assistants called Sostituti Procuratori Generali Della Repubblica.
This office is competent for representing the State at the Appeal level both at the Court of Appeals and at the Court of Assizes of Appeals. This is usually argued by the Procuratore Generale himself or sometimes he might delegate his Sostituti (Assistants).
The prosecutor’s offices explained above are present in each district (basically each province) and they present the cases for which they are competent before the courts and tribunals in their districts.
If the case reaches the Supreme Court of Cassation, located in Rome, there will be another prosecutor representing the State before that court:
Third level. Procuratore Generale Presso La Suprema Corte Di Cassazione
That’s the State Prosecutor General before the Supreme Court of Cassation. His office is in the Courthouse of Rome. He’s also one of the ‘de jure’ members of the Consiglio Superiore della Magistratura
He will be the one arguing the case before the Supreme Court. Of course he has assistants as well. The office above is the only one in Italy, and as just mentioned it’s located in Rome.
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Wednesday, January 27, 2010
Extreme Tastelessness Being Decried Of Knox Comedy Fundraiser In Seattle Tonight
Posted by Peter Quennell
Here Mr Edelblute comments in today’s Examiner on tonight’s very widely-criticised laugh-in about Meredith’s death.
Murder a laughing matter for Seattle, comedy fundraiser for Amanda Knox January 27th
Apparently help is not on the way from Senator Maria Cantwell or Secretary of State Hillary Clinton fast enough.
Or, Amanda Knox’s fans would not be holding a comedy fundraiser at the “Comedy Underground” in her hometown of Seattle tomorrow night, January 27th. Believe it or not, but that is what is reported by KING 5 News of Seattle. And see the ad posted by Comedy Underground for the event “starring SUSAN JONES, GEOFF LOTT,BILLY WAYNE DAVIS plus Xung Lam, John Gardner & Renee Perrault.” Lott publicly calls women four letter obscenities.
Renee Perrault is a comedienne who used to work with Curt Knox, the convicted murder’s father. She helped with a baby shower when Mr. Knox and his wife, now Edda Mellas, were expecting Amanda. (And, now, a “murder shower?")
At $50 a head, Perrault hopes to raise $10,000 for Amanda’s appeal fund. Though Perrault says there will be no jokes about the murder, it seems a strange mix. It would seem difficult to not visualize the demise of Meredith Kercher while attending a fundraiser for legal fees arising from charges for that incident. If that doesn’t suppress the laugh reflex, something is wrong no matter what you think about the trial result so far. Perrault’s sense of humor seems a little off, in parallel with Knox’s seemingly inappropriate smiling during the trial.
Featured “comedian” Geoff Lott calls women four letter obscenities
But wait, it gets worse. Geoff Lott, another performer slated for the event, has a blogspot in which he responds to critics of the appropriateness of the performance. He says maybe they should get “physical” instead of just “textual” and “ maybe your arguments begin to hold the amount of water your fat dumb asses do.” And this classy, professional, Knox supporter says “ if you get in my face about doing what I choose to that in no way effects, disrespects, or discredits you, then you better stay off my shoes, c*nt.”
While this last word, even in abbreviated form is extremely offensive, in order to report on the nature of the performers for this event, it was deemed necessary, as you probably would have never dreamed of it. To anyone planning to take any impressionable young people, then it should serve as a warning. He in “no way ... disrespects” you, just calls you a filthy name, degrading to females?
Please, America, and the world, do not judge all of Seattle or Washington by this.
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Saturday, January 23, 2010
Meredith’s Perugia #21: We Return To The Amalfi Coast As Meredith Might Very Well Have Done
Posted by Peter Quennell
This truly spectacular shoreline with the pretty villages and great drive along it draws people back again and again.
The Amalfi coast is about three hours from Perugia, two from Rome, and one from Naples. The coast faces south, so it is sunny all day, and all the way along, the main crop is huge yellow lemons - mostly made into a liquer.
We posted still shots here and these now are some great videos.
More places Meredith will never see. How much she could have done in that very promising lifetime....
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Friday, January 22, 2010
Andrea Vogt Reports On The Mignini Conviction In Florence
Posted by Peter Quennell
Andrea Vogt in the Seattle Post-Intelligencer
The Italian prosecutor who successfully won a murder conviction against Amanda Knox has been convicted of abuse of office.
Giuliano Mignini was convicted on Friday on charges stemming from his handling of a series of killings in Florence. The charges do not involve the Knox case.
Knox was convicted in December of killing her British roommate, Meredith Kercher, and sentenced to 26 years in prison. She is appealing, and it’s unclear how her prosecutor’s troubles will affect her appeal.
On Friday, Mignini was given a suspended sentence of one year and four months, pending appeal.
He will be allowed to continue his regular duties.
The sentence was seen as a way of placating multiple powerful interest in Italy’s longest running unsolved mystery, the Monster of Florence.
The charges from 2006 allegations of unauthorized wiretapping of journalists and others as crimes were being investigated related to the Monster of Florence serial killings in the 1970s and ‘80s.
The abuse-of-office charges against Mignini have made him a lightning rod for criticism from Knox’s supporters, who argue that she was wrongly accused and convicted.
Giuliano Mignini is a lot more popular in Perugia than he has been in recent times in Florence, where he investigated a narrow aspect of the Florence case perhaps too forcefully for some powerful interests.
He noted in an email to a Seattle reporter recently that what he caught secretly on tape was a Florence prosecutor lamenting the fact that his own hands were tied in the Monster of Florence investigation.
Given that, it is perhaps no surprise that Mr Mignini has hinted that he thought the dice might be loaded against him in the first round.
It was Mr Mignini’s own decision to appoint a very senior and respected co-prosecutor in the Knox-Sollecito trial, Ms Manuela Comodi, who handled at least half of the prosecutions’ case.
Now all eyes will be on the judges report on the Knox-Sollecito verdict, due out latest early in March. Judge Micheli arrived at his own conclusions a year ago based on the evidence and testimony in those 10,000-plus pages.
He was perhaps even a bit dismissive of Mr Mignini’s theory - though it was pretty mild compared to what is often portrayed.
To be added when we have it: A clearer reading of the one charge on which Mr Migni was found guilty. Another charge was thrown out today, and several charges were thrown out previously.
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Thursday, January 21, 2010
ViaDellaPergola Now Examines The Vital Report The Entire US And UK Media Overlooked
Posted by The Machine
The report overlooked is of course the formidable Micheli Report of precisely one year ago.
This 106-page report in Italian - initially issued electronically to the press and on paper to the public, and later posted on the Ministry of Justice website - explained Guede’s sentencing and Knox’s and Sollecito’s commitment to trial.
There were literally DOZENS of evidence points. And it is crystal-clear after reading it all that there is no way in the world that the attack on Meredith was carried out by a single person.
TJMK and our sister site PMF posted what were the ONLY long excerpts of the report ever published in the English-speaking world.
The UK and US mainstream media almost universally ignored the Micheli Report. The UK media published only brief, mild excerpts, and the US media published NO EXCERPTS AT ALL.
We have repeatedly referred back to the report in the posts and comments here, as it is so vital to seeing how the totality of the prosecutions’ case points so unequivocally to Knox, Solllecito and Guede ALL being guilty of killing Meredith.
Here are six of our key posts on the report.
- Judge’s Report On Guede Sentence Suggests Roles Of Knox And Sollecito
- Understanding Micheli #1: Why He Rejected All Rudy Guede’s Explanations As Fiction
- Understanding Micheli #2: Why Judge Micheli Rejected The Lone-Wolf Theory
- Understanding Micheli #3: How Damning Is The DNA Evidence Coming Up?
- Understanding Micheli #4: The Staged Scene - Who Returned To Move Meredith?
- Italians Have For A Long Time Known How Depraved And Cruel The Final Struggle Was
That second-to-last posting (The Staged Scene - Who Returned To Move Meredith?) is absolutely devastating to the dwindling group of Knox apologists that try to argue that there was no clean-up and a lone wolf (Guede) acted entirely alone.
Guede did NOT move Meredith or clean selectively to simulate a sex crime several hours after she passed away. First, he had no reason to (good reason not to, in fact), second, he left no evidence of that nature, and third, he was already otherwise engaged, in front of various witnesses.
At the latest by early March, the judges in the Sollecito-Knox trial will release a report that is similar in depth and detail to this one and presumably also in its power to convince.
Hopefully the English-language media will actually do their own translations of the report this time around. But if not, it will all be available in good English, fairly promptly, here.
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Wednesday, January 20, 2010
Perugia Police Continue To Protect Their Good Name: Another Slander Suit Now In The Works
Posted by Peter Quennell
Click above for the Daily Mail report.
Jailed student killer Amanda Knox is to be charged with slander after she claimed she was beaten by police
Today prosecutor Giuliano Mignini, who led the case against her, confirmed that Knox had been formally notified that the slander investigation had ended.
The step is the first procedure under the Italian legal system before being formally charged and gives a defendant time to contact lawyers and work out a defence.
Mr Mignini said: ‘On two occasions during her trial Amanda Knox claimed that she had been beaten during questioning - a claim which was denied by all the officers involved.
‘There was no proof to back up her allegation and to protect the good name of the police department a slander investigation was started and this has now been complete.
‘Knox has been informed of this through her lawyers at the jail where she is being held and a formal charge against her will be made within the next few weeks.’…
Under Italian law slander is punishable with a fine and or a prison sentence of between two and six years....
In November it also emerged that Knox’s divorced parents Curt Knox and Edda Mellas, had been placed under investigation for defaming police by claiming in an interview with a British Sunday newspaper their daughter had been beaten.
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Wow! Perugia Shock’s “Frank Sfarzo” Claims Copyright Infringement In This Video
Posted by Peter Quennell
One week ago our poster Machine posted an excellent video by the talented video creator ViaDellaPergola on the strength of the evidence represented by the knife.
In a move perhaps unique in this whole case, where both right and wrong information has flowed freely (some of it perhaps too freely), “Frank Sfarzo” of Perugia Sock has now claimed a copyright infringement. Click on the arrow above for the confirmation.
The YouTube management have removed the video unusually quickly - another first, in our experience, as such claims are usually argued back and forth in a process.
“Frank Sfarzo” has repeatedly been thrown on the defensive in the past, both for seeking commercial gain from Meredith’s case, and for allowing many seemingly highly libelous comments by anonymous posters.
More to come as we check out the video, and see what the problem actually was.
By the way, in most legal systems copyright can only be claimed by real people with real names. We wonder what name YouTube knows the elusive “Frank” by - and why he has to use a false name.
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Tuesday, January 19, 2010
Breaking News From Perugia: An Arrest In The Sad Case of Sonia Marra
Posted by Peter Quennell
Sonia Marra was an Italian medical student who disappeared from her apartment on 16 November 2006, just under one year before Meredith met her fate.
Her disappearance was one reason why some women in Perugia became very nervous on the news of Meredith’s death, and it may have helped color the press coverage.
Sonia’s case more or less fell below the radar even in Italy as the years passed and it never was widely reported elsewhere. But the police never forgot her.
Now they have arrested an ex-boyfriend, and the key evidence is said to be some mobile phone records, extensively analyzed once again.
The only reporting is in Italian. We should have more here on Sonia’s case next week - there is a lot of reporting to condense..
Below: Sonia’s sister Anna, who moved to Perugia and tried to sustain public interest in her missing sister.
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Monday, January 18, 2010
An Improvement To The Old City of Perugia: The End Of Civilization As We Know It?!
Posted by Peter Quennell
Probably not.
The Italians are veritable geniuses at design, and all over Italy you can see the starkly ancient and the starkly modern working very well side-by-side.
Boutiques in the ancient city-center buildings throughout Italy are often stunning in their interior modernity. Some Perugia examples can be seen here and here.
And the mountain autostradas (see bottom shot here) swoop and swerve along through tunnels and over bridges, often hundreds of feet high, in a way that makes you want to keep driving forever.
Perugia already has one major modern project that looks really good, is extremely useful, and generates an enormous amount of fun. Namely this one.
And another project now in the works is a very long escalator from hard by Meredith’s house to the highest point in the city.
This solar structure above and below is over the Via Mazzini which connects the great Corso Vanucci and its larger piazza with the smaller piazza slightly below where the courthouse complex is located.
You can see the courthouse directly ahead in the shot above, and in the shot below the courthouse is directly behind.
The blue vans carrying the defendants to trial usually unload right here.
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Friday, January 15, 2010
Another Sockpuppet Gets A Splash Of Cold Water - From A Respected Washington State Lawyer
Posted by Peter Quennell
Seattle and Spokane are at opposite ends of Washington State.
Spokane is the second largest city in the state, some 280 miles to the east of Seattle, and it is nicely located and landscaped. These spectacular falls are just one block away from the downtown.
As our Seattle posters have been showing, a majority in Seattle seem to be settling now on some hometruths, such as that justice for Meredith has actually been rendered.
The “Knox framed by evil Italians” meme is looking like an imperiled species even there, where the PR campaign did its absolute darndest with the help of quite a handful of sockpuppets.
Spokane seems to have brushed off the PR campaign almost entirely, and it has never ever seen a strong “framed” constituency emerge.
Now a highly respected Spokane lawyer, Bill Edelblute, takes on the many ill-informed claims of Seattle-based blogger Timothy Egan - claims which among others may have swayed Senator Maria Cantwell.
Unlike many of the absurdists who posted once and then clearly felt, well, absurd, Timothy Egan posted several times, increasingly strained and defensively. How his contemptuous attitude toward Italy paid off was described in our posts here and here and here.
Mr Edelblute posts eleven reality checks in response to Egan’s various claims. His article starts as follows - questioning the attempt to make Maria Cantwell, Hillary Clinton and even Barack Obama into the ultimate sockpuppets for the cause.
U.S. Senator Maria Cantwell, D-WA, was “saddened” by the verdict convicting Amanda Knox of the murder of Meredith Kercher. Her spokesman later issued another statement about the lack of a fair trial in Italy, and Cantwell appeared on television reiterating that the proceeding was unfair. And, she was going to enlist Hillary Clinton, apparently believing fair legal proceedings mean outside influence is exercised by non-judicial authorities.
Why does an elected official in high office like Cantwell believe this, what is she going on? One of the often cited sources for the “railroad” job are the articles by Tim Egan, a best-selling author living in Seattle, who did not attend the trial. Is it this type of American journalism that Cantwell has swallowed, hook, line and sinker?
The proliferation of writers who casually attack the Italian justice system, and its treatment of the Kercher murder case, such as Tim Egan, also focus on the supposedly unfair press in Europe. Imitation must be the sincerest form of flattery. Egan’s articles attack the Italian news treatment of the case as being factually inaccurate and sensational. Where did they learn it, from the U.S.? Witness the O.J. Simpson case, etc. Ever watch the Nancy Grace show? Are the supermarket tabloids in the U.S. imported from Italy?
Egan is loose with the facts, and makes assumptions about an entire populace with no need for the tedious obligation to back it up with any logic or truth
Mr Egan of course is not a lawyer, and Mr Edelblute of course actually is. Here is Mr Edelblute’s entire article. It is well worth reading in full.
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Thursday, January 14, 2010
With Not Many Prisons And Chronic Overcrowding Italy Decides To Build Quite A Few More
Posted by Peter Quennell
[Above: Viterbo Prison where Guede is in the sex offenders’ wing]
Looks like bad news for the three convicted of murdering Meredith.
Their chances of early release if they fail to win release on appeal may now become much less. First the context, from Commissario Montalbano
Given these facts, coupled with the chronic lack of prison space, it shouldn’t be a surprise that in spite of the Cosa Nostra, the Camorra and N’drangheta (as the mafia is called in the various regions), Italy has maybe the absolute lowest prison population in the world in relationship to the total population.
Italy in fact has 66 inmates for every 100,000 population, a figure matched only by Denmark, a country certainly not famous for their organized crime. By comparison, the US boasts a prison population of more than 750 inmates for every 100,000, over 1 million inhabitants, a figure 12 times the one in Italy.
Now ANSA is reporting a declaration of a state of emergency in the prison system, and the round-the-clock building of new cells to contain about 37,000 new beds.
Alfano announced that first on the agenda was the construction of 47 new jail annexes to boost the system’s capacity by 21,749 units.
The new cell blocks would cost a total 600 million euros and follow the rebuilding strategy implemented in the earthquake-struck city of L’Aquila, with construction crews working in round-the-clock shifts.
“This is the same scheme that has allowed us to put a roof over the head of everyone who lost their home” in the April 2009 quake, Alfano said.
In addition, between 2011 and 2012 the government would launch a second campaign to build brand-new prisons to accommodate a total of 80,000 inmates, almost twice its current capacity.
To depressurize jails in the meantime, the justice minister promised new legislation allowing home detention for inmates with less than one year to serve on their sentence and probation with community service for anyone sentenced to less than three.
Finally, he promised to hire some 2,000 new guards needed to oversee Italy’s swelling prison population, which hit a post-war high last year of over 65,000 detainees.
Italy’s aging jails, most of which built in the 19th century, were designed to accommodate just 43,000 prisoners.
Experts have blamed the overcrowding for a record 71 prison suicides in 2009 and another four in the first week of January.
Below, Viterbo Prison again. All prisoners in Italy are required to learn a useful trade. No info yet on what the three convicted of Meredith’s murder are learning, though there seems plenty of lead-time.
We presume that sooner or later, for their own protection like Guede already, Sollecito and Knox will end up in sex offenders’ wings.
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Wednesday, January 13, 2010
ViaDellaPergola Now Examines The Status Of The Double-DNA Knife
Posted by The Machine
Two facts about the large recently-cleaned kitchen knife that was found in Sollecito’s apartment remain rock-solid to this day.
- The knife was a very clear match for the fatal stab-wound as even a defense expert conceded.
- And Meredith’s DNA found on the tip was a very clear match, as a crystal-clear DNA chart revealed.
There’s some background here. So much smoke blown, so many weird hypotheses, so much armchair pontificating from afar.
And STILL to the objective eye this incredibly incriminating evidence continues to stand really firm.
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Tuesday, January 12, 2010
First Book On The Case Due Out Now Looks Quite A Disappointment
Posted by Peter Quennell
Darkness Descending is now said to be available although we are not yet seeing it show up in Manhattan stores.
We’ll keep looking though and will be reviewing it soonest. It is by British writers Paul Russell and Graham Johnson with Luciano Garofano, and the publisher is Simon and Schuster.
We first mentioned the book here. John Follain’s book, intended as the most in-depth on the case, will now be out late in 2010.
There are no media reviews or reader reviews of Darkness Descending online as of yet. However co-author Graham Johnson wrote this piece about the book on the BBC website.
Johnson attempts some faux compassion for Meredith and her family, but comes across generally as not nearly as up-to-speed on the fine details of the case as any long-time reader of TJMK and PMF.
For example, this claimed demonization of Amanda Knox was actually a pale shadow of the regular roastings of alleged perps on the CNN crimeshows - or of the demonization of Prosecutor Mignini himself by many on the Knox bandwagon (see here and here).
Several phenomena have haunted the case like the Etruscan ghosts that reputedly roam the streets of Perugia, the 3000-year-old hilltop fort. From the day Meredith’s body was discovered on 2 November 2007, there is no doubt that Amanda Knox has been unfairly demonised because she is a young woman.
The sexualisation of females connected to big crimes is nothing new. Remember Joanna Lees, who was wrongly blamed for the death of her backpacker boyfriend Peter Falconio in Australia? Lees was falsely portrayed as being predatory and promiscuous.
Few newspaper readers realise that the nickname “Foxy Knoxy” was given to Amanda by her soccer pals when she was eight because of her fancy footwork on the pitch - not because she was promiscuous.
The book seems to make a lot of the DNA evidence (which it questions) but appears to be very thin on the 90% of the case that was not DNA-related.
Italy’s top forensics expert General Luciano Garofano, a co-author of Darkness Descending, believes that although the police did a good job there was “no smoking gun” that proved definitively who killed Meredith.
The Carabiniere officer said it was a pity that the police hadn’t unscrewed the handle of the murder weapon to look for more blood that often gathers in the grooves and recesses under the blade. His exclusive findings, published in the book, are surprising in that he talks down some of the best clues relied on by the prosecution.
Graham Johnson offers this backhanded compliment to the Italian system of justice - about which we have posted a lot to explain its real carefulness and fairness (for example here and here).
The differences between the Italian justice system and the British and American courts also led to misunderstanding, and often alarm. The closing speech of prosecuting magistrate Giuliano Mignini is a good example.
To the genuine surprise of the court, he changed key facts put forward at the beginning of the case. He moved the official time of the murder back an hour to about 2330 and modified the motive.
In Britain, for example, such dramatic changes are discouraged and both sides tend to base their arguments about “agreed facts” that have been decided in pre-trial hearings.
But in many ways, that’s the beauty of the Italian system. The court is there to establish the truth and not to trick witnesses.The judge irons out the mistakes of the prosecutor. The prosecutor keeps the police in check.
And, after whittling and sculpting their arguments down over a long period in court, they arrive at a story they’re happy with.
Arrive at a story they’re happy with? THAT is what the 19 judges including Judge Micheli who reviewed the evidence were up to? We think not. Johnson should actually read the Micheli report, an amazing piece of work.
It will be interesting to see if the authors - if they are even aware of it - try to explain away the very incriminating mobile phone evidence and Amanda Knox’s disastrous second day on the witness stand.
Graham Johnson concludes the BBC piece by saying he decided not to seek access to Meredith’s family to allow them to present their side of it because of… his compassion for them.
Give us a break. This looks like a sleazy, biased and inaccurate quickie, and Graham Johnson seems to know it.
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Sunday, January 10, 2010
Second Of ViaDellaPergola’s Powerful Series Of Videos: “For Meredith”
Posted by The Machine
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Friday, January 08, 2010
A Month Has Passed And Senator Cantwell Still Hasn’t Answered Constituents’ Hard Questions
Posted by Highly-Concerned Washington-State Voters
On December 9, 2009 five well-informed constituents of US Senator Marie Cantwell sent her an Open Letter.
It asked some questions about the reasoning behind her December 4th press release on the verdict in Meredith’s case.
The public release of this letter to Maria Cantwell garnered international attention, and it was quoted-from in various stories and reports published in Europe..
On December 10, a Cantwell Senate-office staff member in Washington DC, John Diamond, provided the one and only direct response to inquiries about it.
Mr Diamond claimed “Our staff has checked every possible in-box and not turned up the letter. We get lots of mail and email sent through to us every day, so I don’t know what the problem was. We now have your letter so it’s a mute point. We will get back to you.”
Rather bizarrely, on December 11th, Mr. Diamond then forwarded to the authors of the Open Letter a Knox/Mellas Family Press Release. It was issued by the paid Seattle PR man David Marriott, and Ms Cantwell’s office seemed to be endorsing it.
The release stated among other things, “We would like to publicly thank Senator Maria Cantwell for her support of Amanda, support of the family, and her continued work on our behalf.”
No other response has ever been received by the authors of that Open Letter, other than one auto-reply email from Mr. Diamond saying, “I will be out of the office through Labor Day.” (Labor Day is the first Monday in September, then a full nine months away.)
On December 15th the Seattle PI’s Andrea Vogt in her story “The debate continues over Knox’s guilt” reported that instead of repeating the harsh complaints of her press release, Cantwell’s spokesperson Katharine Lister was now saying this:
“Senator Cantwell believes that Amanda Knox deserved a fair trial, and now deserves a fair appeal by an impartial tribunal; all in keeping with the Council of Europe and the European Union’s treaties to which Italy has long been a signatory. While she certainly understands that the legal system and practice in Italy is different than in the U.S., she believes it is the responsibility of the U.S. government to press for fair treatment for any U.S. citizen facing legal jeopardy overseas. She will continue to press to ensure that Amanda gets a fair appeal, by an impartial tribunal.”
On December 24, 2009 the following new inquiry was sent to Senator Cantwell, reiterating the concerns of the original letter and a desire for a response from Senator Cantwell, and repeating the request to meet with Senator Cantwell herself or a senior member of her staff.
To this letter Senator Cantwell’s Seattle area constituents are still awaiting her reply more than two weeks later.
Dear Senator Cantwell:
Last December we submitted an Open Letter and had some contact with John Diamond regarding your press release concerning the Amanda Knox guilty verdict in Italy for the murder of Meredith Kercher. We have yet to receive a response other than an email from Mr. Diamond simply forwarding a press release from the Knox/Mellas Family. Five of your Seattle area constituents authored that Open Letter to question the reasoning behind statements made in your press release.
We did not feel as though we were well represented by that press release and are still awaiting a response to the issues we raised, including a request to meet with your Chief of Staff. Now that the holiday break is upon us I think it’s a great time to revisit these issues since we haven’t seen any additional press releases from your office and are left wondering if the situation has progressed or if you have adjusted your position on the issue of the Amanda Knox guilty verdict in light of ongoing events and news coverage.
As a recap, here are the key points from your press release and a few of our questions regarding the rationale behind your points:
1. “I have serious questions about the Italian justice system and whether anti-Americanism tainted this trial.”
If you are requesting a full briefing on the principles of Italian justice it seems that there are far better places to ask than in what might be construed as a xenophobic press release. To our eye, you seem to be suggesting that anti-Americanism in Italy is a serious ongoing problem and I am wondering what evidence you have to support this perception and, specifically, how it would apply to the Amanda Knox (American) and Raffaele Sollecito (Italian) murder trial.
2. “The prosecution did not present enough evidence for an impartial jury to conclude beyond a reasonable doubt that Ms. Knox was guilty.”
How can you justify making such a statement? You seem to be indicating here that you were following the case quite closely, but elsewhere you indicate that you weren’t. Do you state this as an opinion or as a fact? I am concerned because Curt Knox and Edda Mellas have been charged with defamation by the Italians for making similar unfounded accusations against the Italian justice system.
3.“Italian jurors were not sequestered and were allowed to view highly negative news coverage about Ms. Knox.”
What special knowledge do you have to make an informed critique of the Italian justice system? Our impression, having closely followed of the murder trial for Amanda Knox and Raffaele Sollecito, was that the jury behaved honorably and was somewhat restrained and lenient in issuing their ruling. We expect to find some justification for this impression in the lengthy and detailed summary of findings that the court will issue within 90 days of the ruling.
Regarding press coverage, our personal observation is that the media battle waged by the Knox family and David Marriott was, in fact, very effective in highlighting the concerns of the Knox family in outlets around the world, to the extreme point that whatever Curt Knox and Edda Mellas have to say about the murder case is reported verbatim, without question or verification. We also believe that media coverage during the lengthy trial itself focused heavily on the prospect of an “innocent” Amanda Knox and the weaknesses in the prosecutor’s case.
4.“Other flaws in the Italian justice system on display in this case included the harsh treatment of Ms. Knox following her arrest; negligent handling of evidence by investigators; and pending charges of misconduct against one of the prosecutors stemming from another murder trial.”
What specific systemic flaws are you referring to here, and in comparison to what system? We’re wondering what your specific recommendations would be to the Italian Foreign Minister and where you will find the time to research and author them.
While we’ve seen the claims of harsh treatment and abuse in the media we are unable to verify any of these allegations. We have noticed, however, that Amanda Knox has been charged with and investigated for making false allegations, and convicted in the instance of accusations made against her former employer Patrick Lumumba. Can you clearly detail any specific incident of harsh treatment Amanda Knox received, either before or following her arrest?
Can you provide specific examples of the negligent handling of evidence that clearly compromised Amanda Knox’s right to a fair trial? We have followed this case closely from the beginning and while certain investigative elements could have been better handled we are not aware of anything suggesting that the Italians are fundamentally incapable of properly documenting and evaluating a crime scene, or conducting a fully “fair trial” for that matter.
In addition, we would appreciate a detailed description of your understanding of the alleged charges against prosecutor Giuliano Mignini and the relevant connection you are trying to make between that legal proceeding and the Amanda Knox, Raffaele Sollecito murder trial.
In regards to Amanda Knox, Mignini was one of two prosecutors in a case that involved the coordination of a variety of completely separate entities in Italian law enforcement and legal systems. According to our understanding of Italian legal processes, the charge against Mignini relating to the other murder trial case seems somewhat routine, rather insignificant, and could very well be dismissed later this month.
5.“I will be conveying my concerns to Secretary of State Hillary Clinton.”
What was Secretary Clinton’s response to you? It has been our understanding that the US State Department and US Embassy in Rome have been following this case from the beginning, have visited Amanda Knox in prison, and have attended court sessions.
We’re wondering what compelled you to insert yourself so publicly into an international situation when your press release gives the strong indication that you were not fully briefed before issuing it and appear to know very little about what has actually been going on with the case.
In the sole interest of providing you with our valid and informed perspective, we remain very interested in meeting with you and/or your Chief of Staff to discuss these issues in detail and share the facts as we understand them. As your concerned constituents, please us know if this will soon be possible.
[signed by five constituents in the original]
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