Wednesday, August 16, 2017

Netflixhoax 19(c) - Yet More On A Genuine, Huge Justice Problem In The US Dishonest Netflix Ignored

Posted by The TJMK Main Posters

Netflix enabled Knox to sustain her myth of how awful Italian prison life was for her.

First, do notice that Netflix ignored that Knox was in prison for three of her four years quite validly for a felony conviction: her attempt (sustained over several weeks) to try to frame Patrick for Meredith’s murder.

Even now, she still owes Patrick damages of around $100,000 irrevocably confirmed by the Supreme Court. Netflix ignored that also.

Second, do notice that Netflix ignored that that Knox quite provably made up a lot about her prison stay in Capanne and how she was actually treated.

In this post challenging all those claims, we observed that Knox did not have a single witness confirming her accounts.

In fact both the US Embassy which monitored her and the Italian MP Rocco Girlanda who “monitored” her confirmed her treatment was kindly, and her lawyers confirmed that she never ever asked that a complaint be filed. 

And third, not only is no Italian prison the hellhole that Netflix watchers were led to believe. Though there has been temporary overcrowding due to immigrant crime, they are in general among the most humane prisons anywhere on the planet.

That post 18 months ago drew upon a New York Times report. Today the New York Times posts an editorial which shows the gap in humanity between Italian and American prisons is actually deliberately worsening. 

Another contrast in Italy’s favor, ignored of course by Netflix.

Criminal justice officials across the country are struggling to break the recidivism cycle in which prisoners are released only to land right back behind bars. These prisoners are among the most poorly educated people in the country, and that fact holds the key to a solution. Decades of research has shown that inmates who participate in prison education programs — even if they fail to earn degrees — are far more likely to stay out of prison once they are freed.

That prison education programs are highly cost effective is confirmed by a 2013 RAND Corporation study that covered 30 years of prison education research. Among other things, the study found that every dollar spent on prison education translated into savings of $4 to $5 on imprisonment costs down the line.

Other studies suggest that prisons with education programs have fewer violent incidents, making it easier for officials to keep order, and that the children of people who complete college are more likely to do so themselves, disrupting the typical pattern of poverty and incarceration.

Findings like these have persuaded corrections officials in both Democratic and Republican states to embrace education as a cost-effective way of cutting recidivism. But Republican legislators in New York — which spends about $60,000 per inmate per year — remain mired in know-nothingism and argue that spending public money on inmates insults taxpayers. They have steadfastly resisted Gov. Andrew Cuomo’s common-sense proposal for making a modest investment in prison education programs that have already proved highly successful on a small scale in New York’s prisons.

The Manhattan district attorney, Cyrus Vance Jr., stepped into the void left by the Legislature when he agreed l to pay for Governor Cuomo’s prison education plan with more than $7 million in criminal forfeiture money secured from banks. Lauding what he described as a public safety measure, Mr. Vance said, “It makes no sense to send someone to prison with no pathway for them to succeed.”

The goal of the program is to expand the number of inmates taking college courses to about 3,500 across much of the system from 1,000. The curriculum will be broad, covering science, math, philosophy, the social sciences and art. Among the schools that will participate are Cornell University, New York University, Mercy College and Bard College, which has run a highly regarded program since 2001. The recidivism rate is 4 percent for inmates who participate in the program and a mere 2 percent for those who earn degrees in prison, compared with about 40 percent for the New York State prison system as a whole.

Prison education programs were largely dismantled during the “tough on crime” 1990s, when Congress stripped inmates of the right to get the federal Pell grants that were used to pay tuition. The decision bankrupted many prison education programs across the country and left private donors and foundations to foot the bill for those that survived.

Despite limited and unreliable funding, these programs have more than proved their value. New York lawmakers who continue to block funding for them are putting ideology ahead of the public interest.

Posted on 08/16/17 at 11:58 AM by The TJMK Main PostersClick here to view all my past posts, via link at top left.
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Friday, August 11, 2017

Netflixhoax 19(b) - More On A Genuine, Huge Justice Problem In The US Dishonest Netflix Ignored

Posted by The TJMK Main Posters



Is the US actually worse than North Korea of all places? In one respect yes.

Our first post a couple of weeks ago on false incarcerations concluded this way: 

The American prison population is proportionally six times the Italian prison population (why did Netflix omit that?). Mental illness among that population is rife, and few inmates have above average IQs.

Election-driven prosecutors plea-bargaining with threats may have wrongly put many of them there. Maybe 10 per cent.

That is over 200,000 Americans in the wrong place. Funny how Netflix (and the FOA fanatics) forgot to tell us about that.

“Over 200,000” could in fact be a considerable UNDER estimate. An estimated 177,624 innocent Americans pleaded guilty in one year (2013) alone.

Here is The New York Times on this subject this past Tuesday.

By Marc Morje Howard

The American criminal justice system is exceptional, in the worst way possible: It combines exceptionally coercive plea bargaining, exceptionally long sentences, exceptionally brutal prison conditions and exceptionally difficult obstacles to societal re-entry.

This punitiveness makes us stand out as uniquely inhumane in comparison with other industrialized countries…. There’s widespread agreement that current practices are unsustainable.

The United States is home to 5 percent of the world’s population, yet has 25 percent of the world’s prisoners. The grim reality of American justice is that there are 2.3 million people behind bars, five million on parole or probation, 20 million with felony convictions and over 70 million with a criminal record.

Though mafia-tool Netflix ignored them all in its crazed rush to defame the Italian system, every day in the US new reports on this world-beating iniquity are being televised or published.

Why does it happen? In large part because THERE IS PROFIT IN IT. Profits for private prisons and bail-sharks. 

The video at top is a trailer for a new documentary just being released: A Deal With The Devil Devil’ Takes On Unjust Bail System

By Susie Madrak

A plea deal is an arrangement to resolve a case without going to trial. This is an option most often taken by those who cannot afford bail and want to go home instead of wait days, months, even years locked up in jail. An estimated 177,624 innocent Americans pleaded guilty in 2013 alone. Does this sound like a just system to you?

The money bail system is broken: private companies achieve exorbitant profits by scavenging off of communities (primarily of color) living in poverty. Low-income Americans are sitting in jails for days, months, and even years for the most minor of infractions simply because they can’t afford to pay high bond amounts. The reality is that the majority of people in jails – over 70% - are there for one simple reason: their income status. This is both morally and legally wrong.

And from now until August 21, 2017, Brave New Films will be campaigning to #EndMoneyBail this summer in the state of California.

Premiere events around the state are scheduled in key legislative districts, with audiences ranging from Bay Area activists and advocates to Los Angeles poets and politicians. Social media launches will coincide each week, with new videos from Brave New Films and other partners in the California Bail Coalition. People who can’t attend premiere events and screenings can host their own in-home events with all of our films before they’re released publicly and everybody should call their Assembly members demanding they #EndMoneyBail this summer.

Posted on 08/11/17 at 12:21 PM by The TJMK Main PostersClick here to view all my past posts, via link at top left.
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Sunday, August 06, 2017

Meredith’s Perugia #36: Popular Beaches In Italy’s Deep South She Will Never See

Posted by The TJMK Main Posters

Posted on 08/06/17 at 02:20 PM by The TJMK Main PostersClick here to view all my past posts, via link at top left.
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Saturday, July 29, 2017

Yet More American Lawyers Get Duped By Knox: Now Los Angeles’s Westside Bar Association

Posted by Hopeful



Duped? WBA founder and Beverley Hills lawyer Daniel Forouzan



The previous instance of this - in front of the Kentucky Bar Association - occurred only one month ago.

We shot Knox’s anticipated false claims down very extensively.

There may have been an effort to have this one fly under the radar - there was no advance media notice that we could see, only this Facebook notice which may soon scroll (or be deleted) away.

This new instance is reported by Ann Schmidt in the Daily Mail today 7/29/17. Headline: ‘Prison changed me forever’: Amanda Knox speaks about how the murder trial and four years in prison defined her

Knox spoke Thursday in Los Angeles to the Westside Bar Association, about her “two wrongful convictions” for the 2007 murder of her British roommate, Meredith Kercher, before she was acquitted. She spoke about the pain she went through.

Knox: “I went into prison as not yet a woman and I came out an adult woman, and that period defined me, ” she told KTLA Thursday.

In her appearance the Seattle native was also promoting her memoir and the Netflix documentary about her trial. “I realized the courtroom was actually a battleground for storytelling where the most compelling story and not necessarily the most truthful wins, ” she said.

Zohreen Adamjee of Fox 11 reported her saying,

Amanda Knox, sharing her story of how two wrongful convictions for the murder of her British roommate Meredith Kercher in Italy have changed her.

“I realized the courtroom was actually a battleground for storytelling. Where the most compelling story and not necessarily the most truthful wins,” said Knox.

In a rare L.A. appearance, Knox confronted the image the world has painted of her - addressing a room full of lawyers who fight for the wrongly convicted.

“The truth doesn’t fit in a headline or a tweet or a fairytale format,

At one point, she says prosecutors lied, telling her she tested positive for AIDS, making her make a list of every person she had ever slept with.”

“The unfortunate thing about this case is that the prosecution decided before the evidence came in, that I had to be guilty,” she said.

“Everyone in my family suffered, and the worst thing of all—they didn’t feel like they could share that with me, because I was in trouble.”

She told the L.A. law panel that she wants to use her experience to help the wrongly convicted and the Innocence Project. From the Daily Mail:

“I have to tell my story so that the echo of it can reach people.”

“I just want to show that it’s not this distant, difficult to understand thing. It’s a human thing that can happen to anyone at anytime. No one is safe, but we can understand it.”

The article is accompanied by a photo of Curt Knox wearing a black leather jacket inside the courtroom in 2009; a selfie of Knox and new beau Chris Robinson wearing matching gray felt hats during their recent trip to the Black Forest in a quaint European tourist town, I think.

There’s a stock photo of Rudy being escorted by four blue beret wearing Italian policemen in dark navy blue uniforms.

The Daily Mail comments are vitriolic, with only a few fans rooting for Knox.

“Guilty as H…”

“I get really bad vibes from this woman.”

“I am still not sure about her. I suspect she was involved but I’m not clear how.”

“no, committing murder changed her forever.”

The current photo of her assuming it was taken at the Los Angeles Westside Bar Association speech, was grainy and small.

It appeared she had teased her hair into a more sophisticate upswept style for the event, seemed to wear a white collared blouse, was hard to tell from bad tiny photo or maybe just my laptop distortion.

My main reaction to the blah blah blah Foxy usual speech, is that she is so wrong to condemn the prosecution for what amounts to criminal bias against her before evidence came in.

She’s a branded liar as the duped lawyers could very easily have found out. Click on the link at the top for our disparagement.

Posted on 07/29/17 at 04:25 PM by HopefulClick here to view all my past posts, via link at top left.
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Wednesday, July 26, 2017

Where Should You Have Invested This Year? The US Or Italy?

Posted by Peter Quennell





Where should you have put your nestegg at the start of this year for maximum gains?

Sorry to those who picked the US (and Trumponomics).

(1) The chart above shows a bundle of Italian stocks (EWI) against a bundle of US stocks (DOW).

As of today US stocks have gone up around 10 percent - but Italian stocks (green curve) have gone up 12 percent above that.

(2) The chart below shows the dollar against the Euro (Italy’s currency).

As of today, the Euro is about 10 percent up on the dollar for the year.

So you would have been much better off in Italy. It wins hands down - it has gained overall about 20 percent compared to the US.

The overall value of the US - stocks and currency combined - is actually under water.


Posted on 07/26/17 at 12:52 PM by Peter QuennellClick here to view all my past posts, via link at top left.
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Friday, July 21, 2017

Netflixhoax 19 - Omitted The Vital Context Of A Genuine, Huge Justice Problem In The US

Posted by The TJMK Main Posters


1. Series Overview

The 18 past posts can be read here. In the light of the Netflix report’s nomination for a major award we resume. Full speed ahead.

2. Italian Justice: What Netflix Left Out

In the United States outrage is, well, all the rage… A clear Netflix intent was to horrify and outrage viewers about the Italian justice system itself.

Read the numerous reviews and thousands of comments that imply the system is dangerous and corrupt. Including the very common “I would never send my kid to college there” and “I will never risk traveling there” and “we should boycott Italian goods”. 

Show it as it really is - an extremely fair system from the perps’ point of view that allows ZERO wrongful convictions at the end of the day - and the whole Netflix thesis falls apart.

In Post 6 we described the almost unique carefulness of the Italian system.

How prosecutors can explain their case only in court. How the system allows perps two automatic appeals. How appeals often feature new juries - which never get to hear the full prosecution case.

How the same defense teams get to argue in court all the way up to the Supreme Court while the trial prosecution gets to present its full case just the once.

How the REAL justice system requires that many judgments should be written out at costly length. How prison time is almost never served for sentences under three years.

How most of the prisons are very nice and all perps receive mental treatment if prescribed, and taught a trade so they dont have to commit new crimes to pay their way when out.

The plea-bargain possibility does not exist in the uniquely open and transparent Italian system at all. No furtive shortcuts. No extreme pressure on suspected perps.

Judges, prosectors and especially police must go the extra mile, often over many years, to ever finally win a case.

3. American Justice: What Netflix Left Out

Netflix left out A LOT. See the numerous for-comparison posts here.

Sadly judges and lawyers in the American system can be among the eagerly gullible about both the Italian system and their own.

But there ARE American judges and lawyers who FULLY understand the Italian system and wish some of that could be applied in the US.

In the video at top Harvard law professor Alan Dershowitz is quoted as saying this.

“We treat poor people and minority people much worse in the United States by our criminal justice system than they do in Italy, so we really have no standing to tell other countries that their system is unfair.

And based on [the evidence against Knox], in America, if she were not an attractive young woman — if she were an ordinary person — charged on the basis of this evidence, she would be convicted and would be serving life imprisonment, or even worse, the death penalty in the United States.”

In the United States pervasive plea-bargaining is making juries obsolete.

Trial by jury has become so rare in modern American criminal jurisprudence that the chance of being convicted at trial is little more than one in one hundred.

That doesn’t mean that people are not getting convicted. They are—in record number. America’s prisons are literally filled to capacity.

In today’s criminal justice system, convictions come by agreement. The tradition of being tried by one’s peers, established centuries ago and affirmed by the Sixth Amendment to the U.S. Constitution has all but disappeared.

The plea bargain has made jury trials obsolete.

The GOOD aspect is that it can get convictions fast. That is the BAD aspect too.

Very few cases end in acquittal - vastly fewer than in Italy. Tough sentences and even the death penalty are often used as a threat.

“We now have an incredible concentration of power in the hands of prosecutors,” said Richard E. Myers II, a former assistant United States attorney who is now an associate professor of law at the University of North Carolina. He said that so much influence now resides with prosecutors that “in the wrong hands, the criminal justice system can be held hostage.

In effect judges and juries are being sidelined and defense lawyers are faced with strong odds.

A case in Pennsylvania has suddenly put such plea-bargaining in the national news - not because the accused perp didnt do it, but actually because the threat of death penalty was said to have been too lightly used.

In so swiftly wrapping up the case, which transfixed the Philadelphia region, the district attorney of Bucks County, Matthew D. Weintraub, faced questions about whether he had made the right call in taking the most severe punishment for horrible crimes off the table.

Experts in death penalty law said the agreement was especially notable for its speed. But the father of one of the young men found dead said on Monday that family members of all of the victims supported it.

There was no judicial review. Oh and he was mentally deranged.

The American prison population is proportionally six times the Italian prison population (why did Netflix omit that?). Mental illness among that population is rife, and few inmates have above average IQs.

Election-driven prosecutors plea-bargaining with threats may have wrongly put many of them there. Maybe 10 per cent.

That is over 200,000 Americans in the wrong place. Funny how Netflix forgot to tell us about that.

Posted on 07/21/17 at 10:00 PM by The TJMK Main PostersClick here to view all my past posts, via link at top left.
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Thursday, July 13, 2017

More Comparison Of Common Law Systems (Canada/UK/US) And Civil (Italian Etc) #6: Double Jeopardy

Posted by Chimera



Palazzo Giustizia above in Reggio Calabria, below in Naples

1. The Series Context

You’d think there’d be lots of comparisons at national level between the two great justice systems of the world. But really there are not.

The dishonest Knox and Sollecito PR often uses disparities between the Italian and US/UK systems to confuse, and to try to make the excellent Italian system look bad. 

The common-law lawyers from the US and UK who post here on Italy sometimes say they have to study quite a bit to get things straight. UK lawyer James Raper’s excellent book translates some of the key concepts that can be confused as he did here.

These are my previous five posts. I use the Canadian system as the common law example. But as the posts explain, the US and UK systems are pretty close. 

Click here for post:  Justice System Comparisons #1: Had Meredith’s Murder Taken Place In Canada 

Click here for post:  Justice System Comparisons #2: Canada’s Tough Penalties For Slander, False Accusations, Perjury 

Click here for post:  Justice System Comparisons #3: Bail, Extradition, and More Crimes In Canadian Law 

Click here for post:  Justice System Comparisons #4: How Canada And Italy Shape Up Against The USJustice System Comparisons #4: How Canada And Italy Shape Up Against The US 

Click here for post:  Justice Systems Comparisons #5: How Appeals Differ in Italy and Common Law Countries 

2. Double Jeopardy

Much angry noise has been made about the October 2011 “acquittal” of Amanda Knox and Raffaele Sollecito by the Hellmann appeal court in the murder of Meredith Kercher.  The claim was been made that an acquittal at trial means that under American law, it would be “double jeopardy” and hence, illegal, under American law.

While the “appellate trial” differs considerably from appeals in Common Law countries, it is still an appeal.  Portions of the case can be reopened, but the Trial Court’s original findings are the starting point.  It is not meant to be a “new trial”, nor to re-try the case.

“If” an Appeals Court releases a defendant, it is not double jeopardy, as it is not a Trial Court.  They do not try the case, but rather examine it for errors.  Further if a 1st level appeal releases someone, the prosecution can still seek a higher level of appeal.

Read Harvard Law School’s Alan Dershowitz here.

3. Legal Outcomes 2007-09

  • November 6, 2007—AK and RS were charged for rape and murder of MK, alongside PL, whom Knox has accused as the actual killer

  • November 9, 2007—AK/RS faced Judge Claudia Matteini, to see if they could be released conditionally (their 1st Court hearing), and to get a brief assessment of the Prosecution case.  While FoAK crow about there being no bail in Italy, this hearing seems eerily similar to a bail hearing.

  • November 30, 2007—AK/RS challenged Judge Matteini’s decisions (their 2nd Court hearing), and Judge Massimo Ricciarelli presided over a 3 Judge panel which confirmed the detention, but with Rudy Guede as the 3rd person, as opposed to PL.

  • April 1, 2008—AK/RS tried to get released again (their 3rd Court hearing on the matter), and the 5 Judge Cassation panel headed by Judge Torquato Gemelli denied the request, and even the lesser request of house arrest

  • September/October 2008—Pretrial (and Guede’s short form trial) presided over by Judge Paolo Micheli.  Judge Micheli convicted RG, and sent AK/RS to trial.

  • December 2009—AK and RS were convicted at trial by the Court of Judge Giancarlo Massei.


4. Legal Outcomes 2010-15

In 2010 AK/RS then chose to APPEAL those convictions and filed such an appeal.

  • October 2011—AK/RS were “acquitted” of murder by the Appellate Court headed by Hellmann and Zanetti, though the Calunnia conviction was upheld.

The Prosecution then filed a SECONDARY APPEAL to the Court of Cassation

  • March 2013—AK/RS had their “acquittal” by H/Z annulled, while the calunnia conviction was upheld, with aggravating factors added back on.

AK/RS chose to file ANOTHER APPEAL of the 2009 Trial Conviction, this time it went to Florence.  Not a new trial, but another appeal.  Knox didn’t show up.

  • January 2014—AK/RS had their 2009 conviction “confirmed” by the Court of Judge Nencini, with a small sentence increase for AK.

AK/RS then filed a SECONDARY APPEAL to the Court of Cassation.  The 5th Chambers took the case.

  • March 2015—AK/RS had their convictions thrown out by the panel of Bruno/Marasca.  However, the report released in September 2015 didn’t actually say they were innocent.  in fact, the report placed AK at the crime scene, and RS probably so.  The Court found both had lied repeatedly.


5. These Damning Posts Relate

Click here for post:  The Knox Interrogation Hoax #13: The First Two Opportunities Knox Flunked: Matteini & Ricciarelli

Click here for post:  Tape ‘puts Knox at Meredith murder scene’

Click here for post:  The Knox Interrogation Hoax #14: The Third Opportunity Knox Flunked: The Mignini Interview

Click here for post:  The Knox Interrogation Hoax #15: Dr Mignini’s Account Of Formal Warning Session Ending 5:45 AM

Click here for post:  The Knox Interrogation Hoax #16: The Fourth Opportunity Knox Flunked: The Supreme Court

Click here for post:  The Knox Interrogation Hoax #18: The Final Pre-Trial Opportunities Which Knox Flunked

6. Two Constitutions Compared

(A) U.S. Constitution, 5th Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


(B) Canada Charter of Rights and Freedoms, Part 11(h)

11. Any person charged with an offence has the right…. (h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again;....

Notes: Both the U.S and Canadian Justice systems prohibit a person from being punished twice for the same offence.  The main distinction is the word “finally” in the Canadian system.  In the American system, an acquittal is the end of the matter, barring some obscene act, such as bribing a judge.  Is the Canadian system, an acquittal “may” be appealed in extremely limited cases, such as gross misconduct, or clearly inappropriate handling by the Trial Court.

7. Standard for Review

(A) U.S. Appeals

Click here for post:  Definitions: legal concepts for appeal

Matters of Fact—May be challenged if the they are reviewed in a clearly erroneous manner

Matters of Law—Must be considered “de novo” as if there was no finding before

Matters of Discretion—Judges are given wide discretion and it is usually accepted, unless there are clear errors, or the conclusion is illogical


(B) Canadian Appeals

The standard is set by Housen v. Nikolaisen

Click here for post:  Housen v. Nikolaisen Supreme Court Judgment

Factual Findings—These are typically “given deference”, unless the Appellant can show “overriding, palpable error”.

Legal Findings—The Standard is whether the law was “correctly” applied.

In layman’s terms, Appeals Courts “defer” to the Trial Court on the fact findings.  They assume that the Trial Court is in a better position to see and to examine the case.  They will not interfere unless there is a clear, and provable error that effected the outcome.  Surprisingly, it is a much higher standard than challenging the law.

Notes: In both US and Canadian appeals, the Courts tend to accept factual findings unless there is very clearly an error.  Both also tend to view potential legal matters as needing to be consistently applied.  Both Courts also tend to accept the Trial Court’s discretionary decisions unless something is obviously off.  Although the language used varies, the standards quite similar.

8. Cases of “Double Jeopardy”

(A) “Double Jeopardy” U.S.A.

Harry Aleman

This involved a man who was “acquitted” in a murder case.  However, it was later found that the trial judge, Frank Wilson had been bribed to the tune of $10,000, and that the trial had been rigged.  Prosecutors appealed, successfully, that since the case had been pre-arranged, the defendant had never been in jeopardy, and hence there was no “double jeopardy”.  Eventually this was confirmed by the US Supreme Court.

Click here for post:  Wikipedia: Harry Aleman

Click here for post:  Aleman v Cook County

Click here for post:  Man Faces 2d Trial on Murder Charge

Click here for post:  Exception To Double Jeopardy


(B) CANADA

Most of the cases which involved an acquittal being appealed were cases of sexual assault where the Trial Judge grossly mishandled the manner

Here is a particularly harsh appeal review:

Click here for post:  Reasons for judgment:  underage sexual attacker

Some media reports on the topic

Click here for post:  Crown appealing sex assault acquittal of taxi driver

Click here for post:  Judge asked complainant why she couldn’t just keep knees together

Click here for post:  Chief judge launches review of Edmonton judge

Click here for post:  Third Alberta judge faces review

Click here for post:  4 Alberta judges under scrutiny

Note: To a degree, this is comparing apples and oranges.  The US case of Harry Aleman was a case where a defendant literally “bought” a murder acquittal for a mere $10,000.  The Canadian cases listed were ones where the Trial Judge was grossly incompetent, and either unable or unwilling to handle a sexual assault case properly.  However, in both sets of circumstances, justice is not served at the trial court level, so it has to be “redone”.

Note: Also, in the cases of mistrials, re-trials of defendants are often permitted, depending on the circumstances.

9. How This Compares to Italy

(Some additional input from knowledgeable people appreciated)

1. The trial (the one and only trial), took place throughout 2009—the Massei Court—and it was to try the facts, and to hear testimony.

2. The 1st level appeal, an appellate trial (requested by AK/RS) was to determine if any major errors had been committed that would have changed the outcome.  And, unlike in the Common Law, the Defense could reopen portions of the case.

3. The 2nd level appeal—to the Court of Cassation—is to determine if there were any serious legal errors, or if the Lower Court rulings were based on illogical or contradictory thoughts.  It is not to retry the case, or rehear the evidence.

4. The “Appellate Trial” doesn’t exist in the Common Law systems, rather there is a clear distinction between “trial” and “appeal”.  Italy allows this step in a benefit to Defendants which would not otherwise be available.

5. Another benefit for Italian Defendants: those 2 appeals are available upon request.  Under the Canadian/US laws, defendants can immediately file notice of appeal on the 1st instance, though it can be dismissed before the hearing.  For 2nd level appeals, leave is required (“leave” is legalese for “permission”), which is difficult to get.

6. Acquittals in Italian Courts can be overturned if it was based on clear errors in law, or illogical conclusions, just as Canadian cases can.  That is what happened with the Hellmann ruling.

7. Acquittals in Italian Courts can be overturned if there was clear misconduct or illegal action which altered the outcome.

10. Footnote

The Italian appeal standard seems to be closer to the Canadian model.  The American system (so far) requires blatant criminal behaviour, not just incompetence.


Posted on 07/13/17 at 02:22 PM by ChimeraClick here to view all my past posts, via link at top left.
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Wednesday, July 05, 2017

Why The Italian Court System Is Very Unlikely To Do Any Favors For Sollecito & Knox Ever Again

Posted by Peter Quennell




1. Context

By any standards the ruling by the Supreme Court’s Fifth Chambers in 2015 springing RS and AK was a confusing bit of legal work.

The statement from the Bench in March was unquivocal but the written report six months later was a lot less so.

We have taken it apart in numerous posts, for example here and here. Also here and here and here.

The other day we corrected the Kentucky Bar Association when, in promoting a talk by Knox, they stated that Knox was “definitively acquitted”.

No she wasn’t.

Read here. The Fifth Chambers was assigned the case through quite open defense manipulation. It does not normally handle murder cases, and neither the lead judge nor the writer of the sentencing report had previously handled murder cases. Their reasoning was torturous, evidence was cherry-picked, and it seems certain any experienced and trained murder-case judges would have found for guilt here.

Read here  Knox was in fact found to have been at the scene of the crime, and with blood on her hands. The Supreme Court’s Fifth Chambers in fact handed down the weakest possible “not guilty” sentence, not guilty due to “insufficient evidence” (though see below; most of it they ignored, and the trial prosecution was not even at the Supreme Court) which allows an appeal if the prosecution or victim’s family wish to take up that option.

So the 2015 report was not THAT confusing, and really only gave RS and AK half a break.

2. New Development

So why is the Italian Court System unlikely to do any favors for Sollecito & Knox ever again?

In a nutshell: too many lies. In fact it is a crime in Italy to lie about a court outcome. Judgements are only ever issued in non-editable photocopies so they cannot be monkeyed with.

Knox and Sollecito and their foolish lawyers and apologists have been very publicly lying about the true outcome for two years. They have mangled a translation, cherrypicked repeatedly, and ignored half of the truth.  They have made numerous claims like “definitively acquitted” which the report itself does not support.

This lying on a grand scale is believed to have finally touched a real nerve in the Italian courts. Just way too many lies.  Already the defamations by Sollecito in his book had been ruled against by the Florence court, and some negative outcome seems to be in the works.

Now we see Sollecito’s appeal seeking major damages for having been locked up so very sharply shot down.

Any past mafia influence seems to have waned. And it looks like the incessant very public lying by Sollecito and Knox and their lawyers and apologists will cost them in future in court.

Amanda Knox’s numerous defamations and toxic PR are expected to cost her big soon too. Wise move? Mislead no more.

Posted on 07/05/17 at 11:16 AM by Peter QuennellClick here to view all my past posts, via link at top left.
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Monday, July 03, 2017

Here’s Something Important That Factors Into Our Interest In Cool-Headed Rational Communities.

Posted by Peter Quennell

Simple walking is rather startlingly proving to have health benefits beyond the obvious, and also major community benefits.

The main new finding for important health benefits is that the balancing required in walking adds neuron capacity to the hippocampus - a hybrid brain gland which also handles key components of memory, diminishment of which is behind memory loss and dementia.

Now there is also a new finding for the positive effects on community building and by extension better environmental and economic-growth prospects, as for both teamwork is vital.

The anti-twitter… !!

Cruising the US one can see in large areas decaying towns and failing communities. In places stark poverty. Often little mingling, and other than the local Walmart, no very enticing walking, either for locals or to entice any visitors.

Get walks going, guys? 

Already there’s begun a big push in the US to open up many more trails for walking. New York city, one of the world’s most walkable, is still adding or enhancing walks like the elevated Highline Park and the paths around the edge of Manhattan.

Trails hundreds even thousands of miles long are being created - by way of the Hudson River and the Erie Canal one can already walk or bicycle from NYC to Toronto or vice versa (think about it Ergon!).

The economic effect all along the way of these trails is becoming obvious.

Italy probably remains a very smart and creative country not least because places like Rome and Florence and Perugia become more walkable even as they become less drivable.

Posted on 07/03/17 at 09:38 AM by Peter QuennellClick here to view all my past posts, via link at top left.
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Thursday, June 29, 2017

Sollecito Loses Supreme Court Appeal Against Florence Court Ruling Refusing $0.55M Damages Claim

Posted by Peter Quennell



Our previous posts on this can be seen here and here and here.

UK reporter Krissy Allen of Blasting News kindly summarises the Italian reporting.

Here are some excerpts. Emphasis is added to key sentences confirming a rebuttal of Knox claiming “vindication” in the post just below and in those earlier posts.

Raffaele Sollecito has today been denied any compensation for the four years he spent in prison, one year on remand, and three years until the final Supreme Court Appeal decision in March 2015.

The problem is, although acquitted, it was on the grounds of ‘insufficient evidence’ and not a straightforward exoneration.

After having to wait six months for the written reasons, in Sept 2015, Sollecito then had the way clear to put in a claim for compensation, which Italian law allows for wrongful imprisonment

However the statute that allows compensation for wrongful imprisonment specifically excludes defendants who lie to the police, described as ‘gross misconduct’.

In other words, the Florence Appeal Court in January this year dismissed Sollecito’s claim for this reason.

It deemed that Sollecito had committed ‘willful misconduct’ or ‘at the very least, gravely negligent or imprudent.’

It found it ‘implausible’ that he could not account for the movements of his then-girlfriend, Amanda Knox. It states that both he and Amanda Knox lied many times and that it was an ‘indisputable fact of absolute certainty’ that Knox was at the murder scene ‘when the young Meredith Kercher was murdered’.

Sollecito through his lawyer, Giulia Bongiorno immediately appealed to the Supreme Court, citing the fact of Rudy Guede’s shoeprint being mistaken for his. However, this was never the point of law for which Sollecito was refused his demand for the maximum €517,000 compensation….

It means the written reasons of the Florence Court of 10 Feb 2017, stands. It is damning and scathing of the pair’s behaviour throughout the investigation.

In effect, it blocks any compensation claim Amanda Knox might have had her eye on from Italy….

Sollecito’s lawyer, Bongiorno has made a statement that he now plans to take it to the European Court of Human Rights. This would not be an appeal as the ECHR has no jurisdiction to overturn the verdict. Rather, it can make an award should it decide there was unfairness in the procedure.

The average award of the ECHR is circa €3,500 - a far cry from the €517K Sollecito was demanding.

Also in La Republica the increasingly hapless Sollecito claims that he is near broke and he is unable to find a job because of the cloud hanging over him.

Maybe we’ll see yet another burst of anger against Knox for dropping him in this. It may actually gain him some sympathy, though it is hard to see that paying any bills.

In his ongoing Florence book trial he is going to have to admit publicly that he lied and defamed - defamed both numerous people and Italy and its justice system - the felony crimes of diffamazione and vilipendio.

Either that or end up with a huge award against him, maybe leaving him deeply in debt. 

Posted on 06/29/17 at 09:38 AM by Peter QuennellClick here to view all my past posts, via link at top left.
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Friday, June 23, 2017

Dear Kentucky Bar Association: Amanda Knox Was NOT Definitively Acquitted By Italy’s Supreme Court

Posted by The TJMK Main Posters



Kentucky Bar Assoc President Sullivan and President-Elect Garmer


Dear Kentucky Lawyers:

Amanda Knox is scheduled to address your conference late in the afternoon Friday. She is guaranteed to mislead you.

If your Association’s due diligence process had examined the mountain of hard facts, it is doubtful Knox would ever have been invited. Your online notice of today’s talk by Knox at your conference itself suggests a lack of due diligence. It wrongly reads as follows

On Friday 23 June the programming will be packed with fun and interesting sessions.. Topping off Friday’s schedule will be the featured presentation; AMANDA KNOX will share her story. She is the American exchange student who spent almost four years in an Italian prison, following her conviction for the 2007 murder of Meredith Kercher, a fellow exchange student who shared her apartment. In 2015, Knox was definitively acquitted.

No she wasn’t.

Read here. The Fifth Chambers was assigned the case through quite open defense manipulation. It does not normally handle murder cases, and neither the lead judge nor the writer of the sentencing report had previously handled murder cases. Their reasoning was torturous, evidence was cherry-picked, and it seems certain any experienced and trained murder-case judges would have found for guilt here.

Read here  Knox was in fact found to have been at the scene of the crime, and with blood on her hands. The Supreme Court’s Fifth Chambers in fact handed down the weakest possible “not guilty” sentence, not guilty due to “insufficient evidence” (though see below; most of it they ignored, and the trial prosecution was not even at the Supreme Court) which allows an appeal if the prosecution or victim’s family wish to take up that option.

Read here. Knox was definitively found guilty of calunnia (criminal defamation) against her boss, Patrick Lumumba. The Supreme Court in her final appeal confirmed that she falsely accused Patrick Lumumba, a black man, of murder. She served three years in prison, and is a convicted felon for life. (To date she has refused to pay compensation of about $100,000, placing her in contempt of the Supreme Court. So much for Knox “helping” the wrongfully imprisoned.)

Read here. That book by Knox - in an expanded but unrevised 2nd edition - is one of the most dishonest ever written. It contains an estimated 400-plus provable lies and up to 100 possible defamations. See this example. For those Knox still faces multiple possibilities of prosecution.

Read here. Also read here. The evidence against Knox and her co-defendant Sollecito was in fact massive, and when correctly seen as a whole (as only the 2009 trial jury saw, not the several appeal juries) absolutely damning. Read also here. Thereafter the gaming of the system began, starting with the defense procuring ANOTHER judge not qualified for murder trials (Judge Hellmann, now edged into early retirement) for their first (2011) appeal. 

Read here. If true to form Knox will again try to claim to your audience that police interrogators forced a false confession out of her. Again untrue. She was not interrogated on that night or any other night. In fact she was only ever interrogated twice, BOTH TIMES at her own request by Dr Mignini, in December 2007 and July 2009. She was given SIX court opportunities to get herself off before the 2009 trial - and she failed all of them.

Read here. The supremely fair Italian justice system comes out pretty well against other systems including the American system. Italy’s rate of incarceration is 1/6 that of the United States, and among Italians the system polls very positively.

There’s much more if your members are inclined to set up a task force. For the protection from fraud of bar associations everywhere, we would welcome that.

Posted on 06/23/17 at 12:00 AM by The TJMK Main PostersClick here to view all my past posts, via link at top left.
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Sunday, May 28, 2017

Meredith’s Perugia #36: Aerial Perugia With High Definition Drone Photography

Posted by The TJMK Main Posters



Posted on 05/28/17 at 10:17 AM by The TJMK Main PostersClick here to view all my past posts, via link at top left.
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Monday, May 22, 2017

See Taormina In Sicily, Host Town For The G7 Summit This Next Weekend

Posted by Peter Quennell

This was of course the G8 group prior to Mr Putin being disinvited. Sorry about that Vlad. Mr Trump is being welcomed, sort of, though security is intense and satires in the media ever moreso. Sorry about that Don. Mr Obama is also in Italy, cycling around somewhere further north, with what seems like zero security detail.

Posted on 05/22/17 at 04:54 PM by Peter QuennellClick here to view all my past posts, via link at top left.
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Saturday, May 13, 2017

One Special Kind Of Journalism On the Grand Scale Italy Uniquely Inspires

Posted by Peter Quennell

MILANO from Davide on Vimeo.



If you keep a watchful eye on reporting on Italy, every few weeks you’ll see a report like this.

Jay Nordlinger went to Italy as a student - specifically to Milan - and just revisited it. He once again found a LOT to like.

There are many beautiful things in Milan, of course. Many beautiful works of art. But the city itself is a beautiful thing: a work of art. In my music criticism — concerning both compositions and performances — I often say, “Beauty isn’t everything. But it’s not nothing either.” The same is true of cities, I think. Beauty is not the be-all, end-all. But a little beauty … can make a nice difference. I recall what Ed Koch said about cities: Paris, the most beautiful. London, the most interesting. New York — his own — the most exciting, or dynamic.

The Milanese have style. For heaven’s sake, they’re Italian: The Italians have style. There is often a casual formality about them. And, among the older people, a certain courtliness. Can they be drama queens? Well, they wouldn’t want to betray their nationality, would they? Many of the women look and act as though they consider themselves to be works of art — and they are. Men in suits and ties, riding motor scooters, are a sight. I hear a dog not barking: I see just about no one wearing short sleeves, on a warm day.

Mirabile dictu, the window in my hotel room opens. How civilized. Unlike in America. Hang on, I will soon find out this is a mistake. The window is not supposed to open. Someone locks it. And I prevail on someone else to reopen it. Ah, civilization again. (I have promised not to jump out of this window.) (Much to the disappointment of my severest critics.)

Out my window, and all around the city, you hear the squeal of trams. It is a kind of music in Milan. Milanese risotto is a famous dish, yellow in color. I’m not sure what it is, exactly. But, when it’s good, it’ll bring tears to your eyes (not because it’s spicy). When I was a student, I practically lived on stracciatella — not the soup, but the ice-cream flavor (which, in short, is their chocolate chip). It hasn’t gotten any worse …

Posted on 05/13/17 at 07:49 PM by Peter QuennellClick here to view all my past posts, via link at top left.
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Thursday, April 27, 2017

Multiple Attackers and the Compatibility of the Double DNA Knife (Exhibit 36)

Posted by James Raper

Our YouTube whiz DelPergola’s video of November 2010

Ed note: This evidence area is enormously compelling - but also emotionally difficult. It is why initially we did not publish our translation of the Micheli Report. And why a quarter of the trial was behind closed doors with the media excluded. That well-meaning decision has bedeviled the case ever since, because only the jury and others in court then - including the white-faced and tongue-tied accused pair - were exposed to the full power of the prosecution testimony.

Material from some of my previous posts on TJMK (link at bottom here) was incorporated into my Justice on Trial book. From Chapter 15, this is the second of several posts setting out further material.

Before looking at the forensic evidence, which is the final theme I identified earlier, it will be helpful to take into account the wounds suffered by Meredith, and whether these suggest anything as to the dynamics of the murder, and whether any of them were compatible with the knife recovered from Sollecito’s kitchen, Exhibit 36, called the Double DNA knife because the DNA of Meredith was found on the blade and the DNA of Knox on the handle.

As mentioned earlier the autopsy was carried out by Dr Lalli.

It was observed that there were no significant injuries to the chest, abdomen or lower limbs.

The significant elements in the examination were described as follows :

A fine pattern of petechiae on the internal eyelid conjunctive.

The presence of tiny areas of contusion at the level of the nose, localised around the nostrils and at the limen nasi [threshold of the nose].

Inside the mucous membranes of the lips, there were injuries compatible with a traumatic action localised in the inner surface of the lower lip and the inner surface of the upper lip, reaching up to the gum ridge.

Also found on the lower side of the jaw were some bruising injuries, and in the posterior region of the cheek as well, in proximity to the ear.

Three bruising injuries were present on the level of the lower edge of the right jaw with a roughly round shape. In the region under the jaw an area with a deep abrasion was observed, localised in the lower region of the middle part at the left of the jaw.

Once the neck had been cleaned it was possible to observe wounds that Dr Lalli attributed to the action of the point of a cutting instrument.

The main wound was located in the left lateral region of the neck. A knife would be compatible provided it had one cutting edge only which was not serrated. The wound was 8 cms in length and 8 cms deep. The width could not be measured because the edges had separated due to the elasticity of the tissues both in relation to the region and to the position of the head, which could have modified the width. The wound had a small “tail” at the posterior end. The wound penetrated into the interior structure of the neck in a slightly oblique direction, upwards and also to the right.

Underneath this large wound, another wound was visible, rather small and superficial, with not particularly clear edges, “becoming increasingly superficial until they disappeared”, in a reddish area of abrasions. The knife had penetrated both Meredith’s larynx and the cartilage of the epiglottis, and had broken her hyoid bone. A consequence of that damage is that Meredith would be unable to vocalise, let alone scream.

There was also a wound in the right lateral region of the neck, also attributed to a pointed cutting instrument. This was 4 cms deep and 1.5 cms wide (or long). It had not caused significant structural damage.

The presence of two relatively slight areas of bruising, with scarce colouring and barely noticeable, were detected in the region of the elbows.

On Meredith’s hands were small wounds showing a very slight defensive response. A small, very slight patch of colour was noticed on the “anterior inner surface of the left thigh”. Another bruise was noticed on the anterior surface, in the middle third of the right leg.

The results of the toxicological analyses revealed the absence of psychotropic drugs and a blood alcohol level of 0.43 grams per litre.

Tests of histological preparations of fragments of the organs taken during the autopsy were also performed. They revealed the presence of “pools of blood” in the lungs.

The cause of death was attributed to asphixiation and loss of blood, the former being caused by the latter.

There was nothing in the pathology which confirmed that Meredith had been raped, though we should recall that Guede’s DNA was found on the vaginal swab, though not of a spermatic nature. For Massei this was confirmation that she had been subjected to a sexual assault.


—————————————


There was argument in court as to whether Exhibit 36 was compatible with the main wound. There was no dispute amongst the experts that it could not have been responsible for the wound on the right. The knife had an overall length of 31 cms and the length of the blade from the point to the handle was 17.5 cms. The width of the blade, 4cms from the point, exceeded the width of the right hand wound. The wound on the right was more akin to a pocket knife, or perhaps a flick-knife.

I shall look at the arguments advanced by the defence as to why the knife would not be compatible in a moment, but before that there is a simple logical point as to incompatibility based on measurements.

A knife would only be incompatible if the length of the wound was greater than the length of the blade of the knife, or if the width of the wound was less than the width of the blade. Exhibit 36 was therefore a priori compatible.

On this basis I would also have to concede that a pocket or flick-knife is not a priori incompatible with the main wound, unless (though we would not know) the length of it‘s blade did not exceed 8 cms.

It should however be recalled that the width of the left side wound was also 8 cms. That is over 5 times the width of the wound on the other side of the neck. The width of the blade on Exhibit 36, 8 cms from it’s tip - and being approximately 3.5 cms wide- was over twice the width of the blade on the “pocket knife”. This fact, and the robustness of the larger weapon, particularly with regard to the observed butchering at the base of the left-sided cut, makes Exhibit 36 a far more likely candidate, in my submission, than a “pocket knife“, and that’s without taking into account Meredith’s DNA on the blade.

We can also enter into a numbers game as regards the experts (8 of them) who opined on compatibility. Massei tells us that Dr Liviero concluded “definite compatibility“, Dr Lalli and Professors Bacci and Norelli “compatibility” whilst “non- incompatibility” came from the 3 GIP experts nominated at a preliminary hearing. The latter were Professors Aprile, Cingolani and Ronchi.

As far as I am concerned “non-incompatability” is not hard to understand. It simply means compatible.

Professors Introna, Torre, and Dr Patumi, for the defence, opined that Exhibit 36 could be ruled out. Their argument was twofold. First, the length of the blade was incompatible with the depth of the wound had the knife truly been used with homicidal intent. Indeed, if it had been thrust in up to the hilt then the point would have exited on the other side of the neck. Secondly, they said that the smaller wound or the abrasions beneath the main wound, mentioned earlier, were in fact caused by the hilt of a knife striking the surface of the neck. Obviously if that were so then the main wound was not caused by Exhibit 36.

Their argument does not consider, because we do not know, what may have been the actual dynamics of the knife strike. We cannot know what was the cause of the underlying wound or the reddish area of abrasions. As to that wound it may have been the result of the knife edge being run across the surface of the skin and the abrasions may have had a different cause in the prior struggle for which there is ample evidence. Hence their argument seems very weak. 

We cannot leave the topic without considering that there may have been more than two knives involved. This possibility arises from the evidence of Professor Vinci, for the defence. He considered blood stains that were on the bed sheet in Meredith’s room. These stains very much resembled the outline of a knife, or knives, laid to rest on the bed sheet.

It was Professor Vinci’s contention that the bloody outlines (a dual outline from the same knife he said) was left by a knife with a blade 11.3 cms long, or a knife with a blade 9.6 cms long with a congruent blooded section of handle 1.7 cms long (9.6 + 1.7 = 11.3), and having a blade width of 1.3 to 1.4 cms.

Taking these measurements as read they may seem incompatible with a pocket knife (such as Sollecito had a proclivity to carry) and they certainly are as regards Exhibit 36. It follows, he argued, that one has to infer the presence of a third knife in any hypothesis and if a pocket knife and Exhibit 36 are already accounted for by Knox and Sollecito then a reasonable inference is that the third knife would have to be Guede’s. Professor Vinci’s blade is not incompatible a priori with either of the two wounds.

The problem, and without going into detail on the matter, is that Professor Vinci’s contention and measurements are somewhat speculative depending on what one thinks one sees in the stains. It is rather like reading tea leaves. One could just as well superimpose Exhibit 36 over the stains and conclude that it was responsible for them.

Massei only briefly commented about the bloody outlines on the bed sheet. He opined that the blood stains were certainly “suggestive” but insufficient to establish any clear outlines from which reliable measurements could be established. Clearly then he did not accord any reliability to Professor Vinci’s measurements.


—————————————————-


We can now turn to the issue of whether Meredith’s injuries tell us anything about whether her attacker was a “lone wolf” or not.

Massei believed that Meredith’s injuries lay at the heart of the matter. It seemed inconceivable to him that she would first be stabbed twice and that she would then be strangled. The amount of blood, being very slippery, would make maintaining pressure on her throat difficult. So Meredith was forcibly restrained and throttled first. The hypothesis of a single attacker requires that he continually modify his actions, first by exercising a strong restraining pressure on her, producing significant bruising, and then for some reason switching to life threatening actions with a knife, thereby changing the very nature of the attack from that of subjugation to that of intimidation with a deadly weapon, and finally to extreme violence, striking with the knife to one side of the neck and then to the other side of the neck.

Massei described the first knife blow, landing on the right side of her neck, as being halted by the jawbone, preventing it from going any deeper than the 4 cms penetration. The court considered that this was an action to force Meredith to submit to actions against her will. The same hypothesis could also, of course, in view of the injuries to the jaw, apply as to the lack of penetration with Exhibit 36 on the other side

What surprised Massei about Meredith’s wounds was that in spite of all the changes in approach during the attack she somehow remained in the same vulnerable position, leaving her neck exposed to attack.

Massei paid particular attention to the paucity and lack of what can be regarded as defensive wounds on her hands by comparison with the number, distribution and diversity of the impressive wounds to her face and neck. He found this disproportion to be significant, particularly with regard to what was known about Meredith’s physicality and personality.

Meredith was slim and strong, possessing a physicality that would have allowed her to move around with agility. She liked sports, and practiced boxing and karate. In fact she had a medium belt in karate. She would, had she been able to, have fought with all her strength. How then would a single attacker have been able to change hands with a knife to strike to both sides of her neck, let alone switch from one knife to another? He would have had to release his grip on the victim to do that, unless she had wriggled free and changed position, in which case he would have to subdue her all over again, but this time, if not before, she would be ready.

Since the attack was also sexual in nature, at least initially, how could a single attacker have removed the clothes she was wearing (a sweater, jeans, knickers and shoes) and inflicted the sexual violence revealed by the vaginal swab, without, again releasing his grip? It might be suggested, as the defence did, that Meredith was already undressed when the attack began, but for this to be the case one of three possible alternative hypotheses has to be accepted.

The first is that Guede was already in the flat, uninvited, and un-noticed by Meredith, which can only mean that the break -in was genuine but un-noticed by her. The second is that Guede was there by invitation and that their relationship had proceeded by agreement to the contemplation of sexual intercourse when Meredith suddenly changed her mind, unleashing a violent reaction from Guede. The third is that, having been invited in Meredith then thought that he had left, although he had not.

Having looked at the staging we can surely rule out the first hypothesis. As to the second, it does not fit with what is known about Meredith’s personality and the relationship she had been developing with Giacomo. As to the third it is difficult to imagine that in a small flat Meredith would not have checked before securing the front door and preparing for bed.

Massei found it was highly unlikely that one person could have caused all the resulting bruises and wounds by doing the above, including cutting off and bending the hooks on the bra clasp. The actions on the bra clasp alone would necessitate someone standing behind her and using a knife to cut the straps, requiring the attention of both hands from her attacker, during which time Meredith would have had the opportunity to apply some self-defence. It has to be conceded though that this could have happened when she was concussed, though there is no persuasive physical evidence of a concussive blow, or during or after she had been mortally wounded.

Massei concluded that there was little evidence of defensive manoeuvers on Meredith’s part, which to him meant that several attackers were present, each with a distribution of tasks and roles: either holding her and preventing her from making any significant defensive reaction, or actually performing the violent actions. He concluded that the rest of the body of evidence, both circumstantial and forensic, came in full support of such a scenario. He concluded that two separate knives had been used and that one was from Sollecito‘s bedsit.

Although, at the trial, the defence had attempted to explain a scenario whereby a single attacker might have been responsible for the injuries, that there had been multiple attackers was not a scenario with which any court, other than the first appeal court presided over by Hellmann, demurred.

 

Posted on 04/27/17 at 12:58 PM by James RaperClick here to view all my past posts, via link at top left.
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Friday, April 21, 2017

The Suspicious Behaviour And Evidence Contradicting the Mutual Alibis Of RS And AK

Posted by James Raper





Material from some of my previous posts on TJMK was incorporated into my Justice on Trial. From Chapter 11, this is the first of several posts setting out further material.

Suspicious behaviour is not proof of guilt but it is an addition to the mix and, if there is enough of it, it can be weighty. I have already mentioned in Chapter 6 reservations as to the motive for Knox’x E-mail in view of certain things that did not make much sense.

Now we can consider what else arises from the testimony of witnesses, from what Knox and Sollecito had to say for themselves in their own words, and from the evidence concerning the phone records and computer analyses.

I have included the Court Exhibit log of calls made and received on the mobile phones for Knox and Sollecito, for the days the 1st and 2nd November 2007, in Appendix C. I did consider whether I should have done this given the telephone numbers referred to. However it is now eight years since the murder and I think it very unlikely that these numbers have not since been changed. In addition, Knox herself has had for some time, and may still have, a similar log for her mobile, covering the period from the beginning of October until a few days after Meredith’s death, on her website.

The relevant behaviour to be covered is from the day before the discovery of the murder up to the time of their arrest and we will discuss how this reflects upon their mutual alibi. As to that alibi we have in evidence Knox’s Memorial but not Sollecito’s statement to the police.

We also have the testimony of Antonio Curatolo and Marco Quintavalle.

Curatolo was a tramp who says that he saw Knox and Sollecito in the square at Piazza Grimana after 9.30 pm on the 1st November, having, as it appeared to him, an argument. They were at the end of the square from which the gates leading to the cottage could be seen.

Quintaville was the owner of a store who said that he saw Knox there at 7.45 am on the morning of the 2nd November.

Both were amongst witnesses unearthed by an enterprising local reporter, Antioco Fois, who stole a march on the police’s own investigation.

I will look more closely at their evidence in the next Chapter.

Knox and Sollecito would certainly have an alibi up until 8.40 pm on the 1st November, and later as it happens. That is because a witness, Jovana Popovic, knocked on Sollecito’s door at that time and spoke to Knox.

We need, however, to backtrack a bit. Popovic had knocked at Sollecito’s door between 5.30 and 5.45 pm. She wanted to ask Sollecito for a favour. Would he be kind enough to drive her to the train station in his Audi to collect some luggage that would arrive for her there later that night? Knox answered the door and invited her in and she spoke to Sollecito. He agreed he would do that.

Sollecito then started to play a film, Amelie, on his computer at 6.27 pm, which he says he and Knox watched. It would appear (See Chapter 30) that Knox then went out (whether with or without Sollecito is not clear) and that before returning to Sollecito’s flat, she (at 8.18 pm) received the text from Lumumba saying that she did not have to go to work that evening. She replied by text at 8.35 - “Sure. See you later. Have a good evening”.

Sollecito‘s varying versions, be it in his statements to the police, was (in the first version) that after leaving the cottage, he and Knox returned to his flat between 8.30 and 9 pm to eat, watch the movie and smoke some pot. That version then changed, of course, during his interview with the police on the 5th November, when he told them that before he got home Knox had left him to go to go and see friends at Le Chic and did not return until 1 am.

Popovic returned to Sollecito’s flat at 8.40 because she had been told that the luggage was not in fact being sent that evening. Knox, whom she described as being in a very good mood, told her that she would pass the message to Raffaele.

From this point on, of course, both Knox and Sollecito had an evening free to themselves.

At 8.42 pm Sollecito received a call from his father on his mobile. That this call was within 7 minutes of Knox’s text to Lumumba, and that there was no further activity on their mobiles until the following morning, is what had sparked the interest of the police and had resulted in Sollecito being called to the Questura on the 5th.

As mentioned Curatolo claimed to have first seen Knox and Sollecito in Piazza Grimana shortly after 9.30 pm. However that was contradicted by Knox’s trial testimony as to when she and Sollecito had eaten a meal at his flat.

From Knox’s trial testimony on the 12th June 2009 -

GCM:  Can you say what time this was?

AK:  umm, around, umm, we ate around 9.30 or 10, and then after we had eaten, and he was washing the dishes, well, as I said, I don’t look at the clock much, but it was around 10. And…he…umm…well, he was washing the dishes and, umm, the water was coming out and he was very bummed, displeased, he told me he had just had that thing repaired. He was annoyed that           it had broken again. So…umm

LG:  Yes, so you talked a bit. Then what did you do?

AK:  Then we smoked a joint together……we made love…..then we fell asleep.


The next day, on the 13th , on cross-examination by Mignini, Knox testified -

GM:  So, I wanted to know something else. At what time did the water leak?

AK:  After dinner, I don’t know what time it was.

GM:  Towards 21, 21.30?

AK:  21, that’s 9? No, it was much later than that.

GM:  A bit later? How much?

AK:  We had dinner around……10.30, so that must have happened a bit later than that. Maybe around 11 [slow voice as if thinking it out]


The alibi also now covers the prosecution’s first indication of the likely time of death at around 11 pm, but which was then moved to around 11.30 pm during the prosecution summing up at the trial.

Unfortunately Sollecito’s father himself torpedoed this dodge by telling the court that when he phoned his son at 8.42 pm Sollecito had told him that there had been a water leak while he was washing the dishes. Taking into account Knox’s testimony that they had eaten before the dish washing, this places the meal and dish washing before that call.

Sollecito told the police that at about 11 pm he had received a call from his father on his land line. Not only is that not confirmed by his father but there is no log of such a call. There were no landline calls at all for the relevant period of an alibi.

There is no log of a call to his mobile at that time either though his father had sent a text message then but which Sollecito did not receive until 6. 03 am the following morning. We know that he had received it at that time because that is the time at which it is logged in the phone records. Sollecito had just turned his phone on and clearly the phone had been off when the text message was sent.

There is no record of any phone activity for either of them from after the 8.42 pm call until, in Sollecito’s case, receipt of that text message at 6.03 am, and in Knox’s case her call to Meredith’s English phone at 12.07 pm the next day.

A word about this here because, as mentioned, Knox released her phone records on her web site. In her case it has to be said that this is not so unusual. Up until the 30th October there is no regular pattern of late or early morning phone activity.

Sollecito is different as his father was in the habit of calling at all hours just to find out what his son was doing. This is backed up by his phone records.

In the case of Knox she said that her phone had been switched off so as not to be disturbed and to save the battery.

——————————————————

We can now consider Sollecito’s computer, a “MacBook - PRO” - model Apple Laptop. This had been seized by the police on the 6th November and was then handed over to the Postal Police on the 13th November. They cloned the hard disk which is standard practice.

Massei -

“Of the 124 files (or “reports”) with “last accessed” in the referenced time period (from 18:00 on 1/11/07 to 08:00 on 2/11/07) only two were “human interaction”; the remaining 122 reports were actions carried out automatically by the Mac OS X operating system installed on the Apple MacBook PRO.

In particular the evidenced human interaction occurred at :

21:10:32 [ 9.10 pm] on the 1/11/07
and at
05:32:09 [ 5.32 am ] on the 2/11/07

Furthermore at 18:27:15 [6.27 pm]  on the 1/11/07, there was human interaction via the “VLC” application, software used to play a multimedia file for a film “Il Favolso Mondo Di Amelie.avi”, already downloaded onto Sollecito’s computer laptop via P2P (peer to peer) some days earlier.”


There is thus no record of any human interaction with Sollecito’s computer from 9.10 pm on the 1st November until 5.32 am the next morning, when music was played on the computer for half an hour.

There was computer evidence for the defence at the trial and further attempts were made to try and force an alibi from his computer later on appeal. I think it would be appropriate, and convenient, to include a discussion of all this here. 

At first Sollecito had maintained that he had been sending e-mails and surfing the web but that account was quickly demolished. However, a defence expert called Antonio D’Ambrosio did give very clear testimony at the trial. He was generous enough to acknowledge that the investigations carried out by the postal police were accurate, and well interpreted, but he said he had been able to uncover a bit more information about the computer because he was not limited by forensic protocols (and could therefore reveal information not visible to the Encase software used by the police) when he examined a copy of the cloned disk. This information was an interaction with the Apple website at 00.58 on the 2/11/07 which he did believe was a human interaction.

Unfortunately, whether there was or was not a human interaction with the computer at that time, does not provide Sollecito with an alibi.

D’Ambrosio also said that he noticed an interaction at 9.26 pm on the 1/11/07 but was unable to be certain whether a human interaction had occurred or whether a pre-requested download of a film, Naruto, had commenced.

The first defence expert report was in fact one prepared by Angelucci, in March 2008, at the request of Knox’s lawyer, Dalla Vedova. It does not appear to have been submitted in evidence but the salient point from this was that the data from both Sollecito’s Asus computer (he said he had another which was broken) and Meredith’s computer, was recovered.

Then there was the D’Ambrosio report followed at the first appeal by another report from Professor Alfredo Milani. In his book Sollecito mentions Milani as one of his professors at the college at which he was studying computer science. Milani credits D’Ambrosio with a lot of the content but his report was gratuitously offensive as regards the work of the postal police and he said that they had made “grave methodological errors” which had resulted in the concealment of information and which led him to conclude that it could not be excluded that there had been an overwriting of the time data was stored.

Firstly he spends much time outlining the Mac OS, in every release, and tells us that because the postal police used an “analogous but not identical” MacBook a tiny difference in the release number in the operating system renders their analysis unreliable. This is impossible to accept for two reasons - firstly, that the OS employed resided on the cloned disk from Sollecito’s own MacBook, but more importantly the precise OS release would not affect in any way the reading of the log files.

Secondly, he unwisely reminds us of inodes (log files). These files are regularly archived, in compressed form, and the archive is not over written. The archive is not very easy for an ordinary user to search but it is certainly not beyond the capabilities of “an expert computer consultant”.

He also unwisely provides a play list of the music which Sollecito had been playing when he opened his ITunes app: at 5.32 am in the morning.






The Report was in evidence but it is unlikely that the Court had before it an analysis of the music. The music app featured, amongst others, songs by the Seattle based punk rock band Nirvana, but more interestingly the app opens with the head banging introductory music (entitled “Stealing Fat”) to “The Fight Club” cult movie: with it’s own rendition of the iconic stabbing sound from the Hitchcock movie “Psycho” and introducing a background wailing sound. An interesting choice of music at 5.32 am in the morning and within hours of Meredith‘s brutal murder. There is clear evidence of manual interaction as some tracks are paused and then clicked through to the next.

One track on the app was not given any play time. This was “Polly” by Nirvanna based on the true story of the abduction, torture and rape of a 14 year old girl. The culprit is still serving time in jail.

Knox and Sollecito claimed that neither woke until Knox rose at 10.30 am. Not only are the two of them trapped by a blatant lie but if one’s choice of music is a reflection of mood, or to facilitate a change of mood, then their choice of music (and some of the lyrics, such as “I killed you, I’m not gonna crack”) is disturbing.

In the event the defence reports seem to have done little to impress the appeal judges. Perhaps Sollecito knew that they never would. In his prison diary on the 11th November 2007 he wrote -

“I have been very anxious and nervous in the last few days, but to see my father who tells me “do not worry, we will get you out”, makes me feel better. My real concerns are now two:  the first one derives from the fact that if that night Amanda remained with me all night long, we could have (and this is a very remote possibility) made love all evening and night only stopping to eat…. It would be a real problem because there would be no connections from my computer to servers in those hours.”


———————————————-

Knox falsely claims in her book that having had her shower at the cottage she called her mother on her way back to Sollecito’s apartment (a 5 minute journey) as she was beginning to have concerns as to what she had seen at the cottage. She writes that her mother tells her to raise her concerns with Raffaele and the other flatmates and Knox says that she then immediately called Filomena Romanelli. Romanelli tells her to get hold of Meredith by phone which she tries to do by calling Meredith’s English phone first, then her Italian one.

(a) How does this correlate to the contents of her e-mail of the 4th Nov?

(b) How does this correlate to Knox’s phone records?

(a) There is no mention of a call to her mother at all in the e-mail. This from her e-mail -

“….and I returned to Raffaele’s place. After we had used the mop to clean up the kitchen I told Raffaele about what I had seen in the house over breakfast. The strange blood in the bathroom, the door wide open, the shit in the toilet. He suggested I call one of my roommates, so I called Filomena………..
Filomena seemed really worried so I told her I’d call Meredith and then call her back. I called both of Meredith’s phones the English one first and last and the Italian one in between. The first time I called the English phone it rang and then sounded as if there was disturbance, but no one answered. I then called the Italian phone and it just kept ringing, no answer. I called the English phone again and this time an English voice told me the phone was out of service.”


(b) the phone records are as follows -

02/11/2007


Ist call @  12.07.12 (to Meredith’s English phone)  - 16 seconds

2nd call @  12.08.44 (to Romanelli)                  - 68 seconds

3rd call   @  12.11.02 (to Meredith’s Italian phone)  - 3 seconds

4th call   @  12.11.54 (to Meredith’s English phone) - 4 seconds

          (The 5th, 6th and 7th calls are by Romanelli)

8th call @  12..47.23 (first call to her mother)      - 88 seconds


© the discrepancies are as follows -

1. The accounts in the book and the e-mail differ materially but at least the phone records enable us to establish facts. The first call to her mother was not just after leaving the cottage but 40 minutes after the call to Romanelli, and the call to Romanelli had been placed (on the basis of the e-mail) after she had returned to Raffaele’s place and after they had used the mop and had breakfast. If we add on 20 minutes for that activity then we can say that she called her mother at least an hour after she had left the cottage.

2.  The first call to Meredith’s English phone (and it rang for an appreciable time - 16 seconds) was placed before the call to Romanelli, and not after as Knox would have it in her e-mail and in her book. A minute before, but Knox did not mention this to Romanelli, as confirmed by the e-mail and Romanelli’s testimony.
         
3.  The call to the Italian phone did not just keep ringing (See 5 below). The connection was for 3 seconds and this was followed by a connection to the English phone for 4 seconds.

4.  The English phone was not switched off, nor (as Knox has claimed -see email) out of service. Mrs Lana’s daughter had found it. She said that she would not have done so but for it ringing (the 12.07 call for 16 seconds?). She picked it up and took it into the house where it rang again (the 12.11 call - 4 seconds?). A name appeared on the screen as it rang : “Amanda”.

5.  The 3 and 4 second calls are highly suspicious. The Italian phone was already in the possession of the postal police. Because of it’s discovery before the English phone the postal police had been dispatched to the cottage at about midday. According to Massei it’s answering service was activated, accounting for the log. Clearly Knox did not even bother to leave a message for Meredith as it would take longer than 3 seconds just to listen to the answering service. This is not the behaviour of someone genuinely concerned about another. By contrast Romanelli had called Knox three times, spending no less than half a minute on each call, and on the last one being informed by Knox that her room had been burgled and ransacked.

Observations -

In her e-mail, and repeated in her trial testimony, Knox says that she woke up around 10.30 am, grabbed a few things and walked the 5 minutes back to the cottage. If the first call to her mother (at 12.47) was about an hour after she left the cottage (see before) then she left the cottage at about 11.47 am, which means that she spent over an hour there. Either that or she spent much more than 20 minutes at Raffaele’s place before calling Romanelli. One might think that the latter would be more likely as it is difficult to conceive that she spent over an hour at the cottage just showering and blow drying her hair, is it not? She did not (Knox’s testimony) have the heating on when she was there. If that were the case then one has to wonder why she dallied, without any concern for her flatmates, in an empty and cold cottage, the front door to which she had found open.

Either way there is a period of up to about an hour and a half between when she might have tried to contact Meredith (if she believed she was there, by knocking on or trying her bedroom door or by calling her phone) and her calling Romanelli, effectively to raise the alarm.

That we are right to be incredulous about this is borne out by the false claim in Knox‘s book. That false claim is significant and can only be because Knox is acutely aware that the phone records show that her original story does not stack up.

That it is incredible is even belatedly acknowledged by Sollecito’s feeble but revealing attempt to distance himself from Knox in a CNN interview on the 28 Feb 2014. “Certainly I asked her questions” he said. “Why did you take a shower? Why did you spend so much time there?”

That she makes that false claim and has constantly stonewalled and/or misplaced the 16 second call to Meredith’s English phone is indicative of a guilty knowledge. Her guilty knowledge with respect to the 16 second call was that it was made to ascertain whether or not the phones had been located before she called Romanelli, and hence for her it was not (incredulous though this is without such explanation) a pertinent fact for her to bring up with Romanelli. More than that though she also sidestepped the specific question put to her by Romanelli -

Massei -

“Amanda called Romanelli, to whom she started to detail what she had noticed in the house without, however, telling her a single word about the unanswered call made to Meredith despite the question expressly put to her by Romanelli.”


As to the 12.47 call to her mother (4.47 am Seattle time and prior to the discovery of Meredith‘s body) Knox not only did not mention that in her e-mail but in taped conversation with her mother and in her trial testimony she steadfastly declined to recall that it had occurred. Ostensibly the call would have been, of course, to report the break in. So what would be the problem with that? However she clearly did not want, or could not be trusted, to discuss her motive for the call and what had transpired in conversation with her mother (and stepfather) before the discovery of Meredith’s body.

Not only was the timing of the 12.47 call inconvenient to her mother but I found it interesting to note from Knox’s phone records (covering 2nd Oct - 3rd November) that mother and daughter do not appear to have called or texted each other once by phone up until that 12.47 call. It would appear then that in so far as they remained in direct communication with each other for that period it must have been by e-mail or Skype. Indeed Knox has referred to such communication being via internet café. One can therefore imagine that her mother was very surprised to receive that call. It is also very difficult to accept that Knox could not recall a phone call she was not in the habit of making.

Until Knox published her book the only information that was available about the 12.47 call (apart from the phone log which showed that it lasted 88 seconds) came from her mother (who reported that her daughter was concerned about the break in) and her stepfather Chris Mellas. Mellas says that he interrupted the conversation between mother and daughter to tell Amanda to get out of the cottage. In her book Knox tells us (her memory now having returned) that he yelled at her but that she was “spooked” enough without that. But what had really happened to spook her? Readers will already know where I am coming from, and may think I am pushing at bit hard here, but I believe that the call to her mother was both a comfort and a rehearsal call, not simply because there had been a burglary, but because she knew a set of events was about to unfold on Romanelli’s arrival at the cottage. Would her explanation about having been there earlier for a shower be credible? Would Romanelli and subsequently the police, detect anything suspicious? The fact that her mother and stepfather already had the jitters was not a good omen.

The testimony of Edda Mellas was as follows –

“Yes, in the first call she said that she knew that it was really early in the morning but she had called because she felt that someone had been in the house. She had spent the night at Raffaele’s and she had returned to take a shower at her house, and the main door was open. That had seemed strange to her, but the door had a strange lock and sometimes the door didn’t close properly, and when she entered the house everything seemed to be in place. Then she went to take the shower, and when she came out of the shower she noticed that there was a bit of blood but she thought that perhaps someone was having their period and had not cleaned up properly after themselves. She then went to her room and dressed and then went into the other bathroom to blow dry her hair and realized that someone had not flushed the toilet., and she thought it was strange because usually the girls flushed. Then she had to go to meet Raffaele, and she told him of these strange things in the house. Thern she tried to call one of the others who lived with them to find out something,, and had the number of another Italian roommate that was in the town, the others were there no longer and she tried to call Meredith several times but there was no response, They returned to the house, and she showed Raffaele what she had found and they realized that there was a broken window, Then at this point they began to knock on Meredith’s door trying to wake her up and when there was no answer they tried to enter her room.”

This is a lot of information to cram in to an 88 second phone call when surely Knox’s mother must have been feeling confused, concerned, and with questions of her own. At what point did Chris interrupt and yell at her to get out of the house? Edda’s testimony is very much a reprise of Knox’s e-mail. How could Knox not have remembered such a detail packed conversation, a prelude to her e-mail, and triggered by, on the face of it, a burglary?

Knox’s phone records also correct a previous misapprehension of mine. I had regarded it as rather unlikely that Knox would have tried to contact Meredith first on her English phone rather than the Italian phone which she knew Meredith had and used for local calls. However the records show that it was not at all unusual for Knox to call Meredith’s English phone. In fact she did this most of the time. But also, if the purpose of the first call to Meredith (after midday on the 2nd) was to check as to whether or not the phones had been located by anyone, then calling Meredith’s English, rather than her Italian, phone would make sense, because of course Knox would know that was the phone by which Meredith and her parents remained in frequent contact with each other, and that the parents would surely have raised the alarm had the phone been discovered and a call by Meredith’s parents been answered by some diligent but confused citizen in Italian. This, of course, could have happened and the alarm could have been raised by Meredith’s parents well prior to Meredith’s phone being called by Knox the first time, but such an eventuality would not have been a matter of concern to Knox in the event that she had not been to the cottage earlier.

At the cottage, and prior to the above call, Sollecito received a call from his father at 12.40 am. Do we know what they discussed? It would in any event have been after the discovery of Romanelli’s broken window and (allegedly) Sollecito’s (rather feeble) attempt to break down Meredith’s door. Did the responsible adult advise his son to do the obvious and call the police? One would think so, but then why was there a 10 minute delay before he called his sister in the Carabinieri at 12.50 am? Indeed, why call his sister at all? Why substitute the formality of calling the police to report a break in with a personal call? They are not the same thing - clearly, as immediately afterwards he did call the 112 emergency services to report the break in. Romanelli had also urged Knox to call the police when she called at 12.35.The 16 minute delay from that call might be accounted for by the unexpected arrival of the postal police and if this was the case then it was before Sollecito called the 112 emergency services.

The issue of whether Sollecito was lying when he told the postal police that he had already called 112 is an interesting one. It would take up too much time and space to discuss in detail here. See Chapter 13. Suffice to say that the prosecution set out to demonstrate that the postal police had arrived before the call and the defence set out to demonstrate the contrary.

Neither Knox nor Sollecito saw into Meredith’s room when the door was broken down and her body discovered on the floor under a quilt. Yet in the immediate aftermath it is as if they have wanted others to believe that it was they who discovered her body and in the bragging about this there have been disclosures, not only as to what they should not have been aware but also suggestive of disturbed personalities. This behaviour was remarkable for all the wrong reasons.

(a)  The police were suspicious about the fact that Knox had alluded to Meredith having had her throat cut at the Questura, but we now know from Luca Altieri‘s testimony that Knox and Sollecito had heard about this directly from him during the car ride to the police station.. However her bizarre and grotesque allusion in the early moments of the investigation to the body being found stuffed into the closet (wardrobe) is not just factually incorrect (it was lying to the side of the closet) but bears a striking correlation to later forensic findings based on blood splatter in front of and on the closet door, that Meredith had been thrust up against the closet after having been stabbed in the throat.

(b)  The behaviour of Knox and Sollecito at the police station is documented in the testimony of Meredith’s English girlfriends and of the police. Whilst it is true that people react to grief in different ways it is difficult to ascribe grief or a reaction to shock to some of Knox’s behaviour. Emotionally she was cold towards Meredith’s friends and occasionally went out of her way to upset them with barbed and callous remarks. The fact that Knox was not observed to cry and wanted to talk about what had happened is not of itself indicative of anything but remarks like “What the fuck do you think, she bled to death” (Knox acknowledged a similar comment to this in her tv interview with Diane Sawyer - See Chapter 27) and her kissing and canoodling with Raffaele (including them making smacking noises with their lips when they blew kisses to each other) in front of the others was not normal. Rather chilling in retrospect was a scene between the pair of them when Knox found the word “minaccia” (in english - threat) amusing and made a play of it with Sollecito in front of witnesses.

© Grief is in any event reserved for friends and relations, or people one much admires. The evidence is that the initial short friendship between the two had cooled to the extent that Meredith was studiously, if politely, avoiding being around Knox. For the narcissistic and attention seeking american girl this would have been difficult to ignore and may well have offended her.

(d)  The next day Sollecito was willingly collared by a reporter from the Sunday Mirror and told her about the horror of finding the body.

“Yes I knew her. I found her body.”

“It is something I never hope to see again,” he said. “There was blood everywhere and I couldn’t take it all in.”

“My girlfriend was her flatmate and she was crying and screaming, ‘How could anyone do this?’”

Sollecito went on the tell the reporter (with reference to the night of the murder) that -

“It was a normal night. Meredith had gone out with one of her English friends and Amanda and I went to a party with one of my friends. The next day, around lunchtime, Amanda went back to their apartment to have a shower.”


This was not in evidence which is as well because about the only thing that is true here is that he knew Meredith.

Posted on 04/21/17 at 12:09 AM by James RaperClick here to view all my past posts, via link at top left.
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Monday, April 10, 2017

Open Letter #1 To The American Psychology Law Society Re False Claims By Saul Kassin

Posted by Ergon



Knox and Kassin at the American Psychology Law Society Conference 2017


Dear APLS

Serial misrepresenter of the Knox “interrogation” Saul Kassin has made yet another false claim, once again to a large audience - yours.

This time it was to your American Psychology Law Society Conference in Seattle, Washington, March 16th-18th, and it suggests he simply cannot count.

First, some prior context to this rebuttal: SIX prior posts correcting numerous other Kassin “mistakes” and EIGHTEEN prior posts on the Knox interrogation hoax.

It is very important to understand that as the defenses conceded in court under the strict Italian legal definition of “interrogation” Knox was really only ever interrogated twice.

Both times this was by Dr Mignini (Dec 2007 and June 2009) and both times it was at Knox’s own request.

All of her other discussions with investigators early in November 2007 were merely “verbale di sommarie informazioni” or written-up discussion with a person with possible useful information. Notes exist in the record of all these discussions - none remotely coercive - and they were summarised by prosecution witnesses at trial.

See my quote below of the defense lawyers in Italian, where they use the correct Italian legal term. These written-up discussions with Knox carry precisely the same status as the “verbale di sommarie informazioni” with Sophie Purton and numerous others in the records of the case.

Accordingly I use “interrogation” a couple of times in quotes below in rebutting Kassin’s wrong claims.

Amanda Knox and Saul Kassin at the American Psychology Law Society Conference March 2017

Kassin: “Knox was questioned for over 50 hours but none was recorded”.

Kassin: “I’ve never seen a case more steeped in misinformation than Amanda Knox’s”.

So, where did the magical 50 hrs interrogation in 5 days that ‘inevitably lead to false confessions’ first appear?

Professor Kassin will not say, or provide background information to the crowded rooms of trainee law psychologists to which he and Amanda Knox have been repeating this claim.

So, here’s some vital background Kassin seems to have missed which spirals in to the truth.

Injustice in Perugia

Steve Moore: “In the five days after the murder of Meredith Kercher, Amanda Knox was interrogated by detectives for 43 hours.

CBS News-48 Hrs

Amanda’s focus was the appeal - and she soon had a world-renown ally.

“This case horrifies me. I’d like to say it shocks me. But I’ve seen others like it,” said psychologist and professor Saul Kassin, an expert on police interrogations.

On his own initiative, Kassin filed a report with the Italian (appeals) court on Amanda’s behalf. It outlines some of the psychological reasons why Amanda could have confessed to a murder she did not commit.

“Amanda Knox, like everybody, has a breaking point. She reached her breaking point,” he explained. “Eight or 10 or 12 police officials in a tag team-manner come in and interrogate her… Their goal is a confession and they’re not leaving that room without it.”

Er no, there’s no record of Kassin’s report in the Hellmann court files, and Amanda Knox never released it either. But Judge Hellmann ruled she should have known Patrick Lumumba was innocent and upheld her 3 year conviction for criminal defamation (calunnia) anyway.

American Psychologist/Innocence Project

From “Why Confessions Trump Innocence” by Saul M. Kassin, John Jay College of Criminal Justice, City University of New York, April 2012

Armed with a prejudgment of Knox’s guilt, several police officials interrogated the girl on and off for four days. Her final interrogation started on November 5 at 10 p.m. and lasted until November 6 at 6 a.m., during which time she was alone, without an attorney, tag-teamed by a dozen police, and did not break for food or sleep.

CNN Transcripts

CNN May 8, 2011

CURT KNOX, FATHER: Between the time that they actually found Meredith and when Amanda was arrested, there was roughly a 90-hour timeframe. And I’m ball parking the numbers there. During that time, Amanda was in the police station for questioning for—I believe it was 52 hours.

Now we’re getting a little closer to the truth. Knox was at the station for maybe 52 hours, but actually wasn’t ‘interrogated’ for that long. Then going back to when those figures first came out:

King 5 News

Amanda Knox’s family says confession coerced

By LINDA BYRON / KING 5 News

Posted on November 13, 2009 at 12:16 PM

She was just flat scared to be alone,” Curt said. “So she went down to the police station with him and they were split into two rooms and then they started going at them.

With physical and mental abuse for 14 hours. No food, water, no official interpreter.”

Prosecutors say Amanda’s accounts swung wildly: She wasn’t at the cottage the night of the murder. She was there, but drunk in another room.

But her parents say she was coerced by police.

“(They said) you know, you’re never going to see your family again,” Curt said. “You’re going to jail for 30 years. You need to come up with something for us, you’re a liar. Come up with something for us. Envision something; throw something out there.”

Della Vedova/Ghirga appeal to Hellmann

There’s a summary of a defense analysis of the discussions here - note the “verbale di sommarie informazioni” which is NOT the Italian for “interrogation”.

(p.12) Amanda Knox è stata sottoposta ad esame ed attività investigative e tra il 2 e il 6 novembre 2007, fino al momento del fermo, ha fornito sommarie informazioni e risposto a domande della A.G. come segue:
l 2 novembre 2007, ore 15.30 VENERDI’: totale ore …………..
12,00
Verbale di sommarie informazioni della Knox, senza indicazione della chiusura.
Testimoni fino alle 3.00 am del 3 novembre 2007
l 3 novembre 2007, ore 14.45 SABATO totale ore ………………
8,00
Verbale di sommarie informazioni della Knox, senza indicazione della chiusura.
Testimoni indicano fino alle 22,00.
l 4 novembre 2007, ore 14.45 DOMENICA: totale ore ………….
12,00
Verbale di sommarie informazioni della Knox, ed accesso alla villetta di Via
della Pergola dalle ore 14.45 alle ore 21. Telefonata di Amanda alla zia dice 5 ore
di interrogatorio in questura
l 5/6 novembre 2007, ore 01.45 LUNEDI’/MARTEDI’: totale ore ……..
5,00
Verbale di sommarie informazioni della Knox inizio alle ore 22.00 del 5
novembre 2009.
l 6 novembre 2007, ore 05.45 MARTEDI’: totale ore ……………….
3,45
Verbale di “spontanee dichiarazioni” della Knox con successivo breve
memoriale. Dalle ore 1,45 alle 5,45 e memoriale alle ore 14,00.

In 5 giorni la Knox è stata sentita per un totale di circa 53,45 h.

Except, here above I count a total of 40.45 hrs, hmm, not all of which was spent being “interrogated”.

She was in the waiting room with the others, as confirmed by her own phone records, e-mails home, texts, etc. Not to forget headstands, cartwheels, yoga poses and general faffing around with Sollecito.

The defense realized their math was off so they included an additional 13.0 hrs. to the time of her memoriale though they counted their own figures twice, Lol. (see attachment below).

Keep in mind her attorneys never argued the time was unreasonable, only that the accusation should not be considered for the calunnia charge.

Their summary was only to show how long she had been ‘present for examination’ in that time she was at the Questura till her arrest. And even then, their figures were wrong..

From Rita Ficarra’s Testimony

Knox was let go by the evening of the first day so the 12 hours interrogation figure is incorrect. She also had an official interpreter by 12:30, was fed and allowed to rest in between, wasn’t slapped, and there were only two detectives present.

Twitter user Soletrader4U analyzed her phone records and case files and came up with a more realistic figure of 17.45 hrs of actual “interrogation”.

Given that to be the case, I invite Professor Kassin to correct his figures and explain how, according to his research, Amanda Knox could have produced a “False Confession” over the span of 17.45 hours of “interrogation” over 5 days?


Posted on 04/10/17 at 05:31 PM by ErgonClick here to view all my past posts, via link at top left.
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Thursday, March 30, 2017

Italian Police Again Work Hard On A Murder Where Victim And Main Suspect (Her Husband) Are Foreign

Posted by Peter Quennell



This case is getting a lot of coverage in Italy, Ireland and the UK.

Mrs Belling and her family boarded a cruise ship February 9 at the cruise port west of Rome, and seem to have been in Italy itself for only a few hours. Several days later, after a scene with her husband, she disappeared off the ship.

This wasn’t reported, and the family continued their meals in the dining room.

Then the German-born husband was arrested before he could return to Ireland. He remains locked up in Rome and can be held for a year to check if there is a case against him. 

Now a body in a suitcase has washed up. A “suitcase murder” in her case now seems to be ruled out though as Barbie Nadeau explains.

The short-lived label “suitcase murder” notion has resonated in the New York area. The reason being that an attractive and successful local woman, Melanie McGuire, who had her share of fans during trial, was found guilty of chopping up her husband, essentially for being a bore, and stuffing his remains in suitcases.

They then washed up in Chesapeake Bay about 1/2 a day south. She was found guilty and despite a strenuous defense and an appeal she is inside for life without parole. There are a number of long-form reports on YouTube, and this is perhaps the most-watched.

Posted on 03/30/17 at 11:48 PM by Peter QuennellClick here to view all my past posts, via link at top left.
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Saturday, March 18, 2017

Running On A Mudslide, The Seemingly Freaked Sollecito Team Tries Again Not To Be Overwhelmed

Posted by Peter Quennell





Sollecito just lost big in a way we are asked not to post about just yet. Italian media has made no mention of it.

This request, rare from the open Italian system, has been made a few times before in this case, to try to block corruption and dishonest PR before they can get up to speed.

Meanwhile, it is safe to assume that a great unraveling of the huge body of lies must be freaking the Sollecito and Knox team’s minds.  A new development that the Italian media IS reporting suggests this is so.

By way of context, Guede is now out on parole but has some time still to serve, including three years awarded by the Florence court for possession of stolen property, a notebook computer taken by two persons still unknown from a law-firm in Perugia, late in 2007.

(There is zero hard evidence that Guede ever did any break-and-entering, ever, and he has never been charged or convicted of that.)

His Rome team has filed a Supreme Court appeal against the Florence court’s decision not to grant him a retrial for grounds based on the 2015 Supreme Court outcome of the Sollecito and Knox appeal which said in part (1) Guede did not act alone and (2) Knox and Sollecito were both there.

And his interview broadcast nationally by RAI could be followed up by a book damning to RS and AK. 

Okay. Now the Italian news service ANSA reports this.

“Once he has finished his full term in prison, Rudy Guede must be expelled from Italy” the lawyer Luca Maori, one of the defenders of Raffaele Sollecito, has asked.

The Ivorian these days is in Perugia, at the home of his former elementary school teacher where he is taking advantage of a possible reversal of the condemned’s sentenced to 16 years’ imprisonment, which he is serving for the murder of Meredith Kercher.

Sollecito was finally acquitted for the same crime.    “I will ask the police headquarters in Perugia - said Maori - to take steps to undertake the removal procedures of Guede, who is not an Italian citizen, who is now finishing serving his sentence (in prison in Viterbo - Ed.)

Many foreigners are expelled from our country for far less serious offenses to murder for which the Ivorian was sentenced” he said.

Any such expulsion order, considered unlikely, would be put on hold while Guede appeals - and presumably does maximum harm.

Posted on 03/18/17 at 12:01 PM by Peter QuennellClick here to view all my past posts, via link at top left.
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Saturday, March 11, 2017

Meredith’s Perugia #36: Versions Of The 24-Hour Happy-Song By Students Happy To Be There

Posted by The TJMK Main Posters

Posted on 03/11/17 at 09:45 PM by The TJMK Main PostersClick here to view all my past posts, via link at top left.
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Tuesday, March 07, 2017

Florence Court Report Now In English: Why Sollecito Gets Zero Compensation For “False Imprisonment”

Posted by Peter Quennell



Highrise Florence courts are just visible at left background


Please download here the English translation by unpaid volunteers on PMF dot Org of the adamant Florence judgement against Sollecito for State compensation.

Important context posts by KrissyG here and by James Raper here with more to follow.

Posted on 03/07/17 at 03:10 PM by Peter QuennellClick here to view all my past posts, via link at top left.
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Sunday, March 05, 2017

Exposing Peter Gill #2: Nailing His “Proven Miscarriage Of Justice” False Claim

Posted by The Machine





This article is the second in a series of posts about Peter Gill. The first can be read here.

I want to expose some of the claims Gill noisily made only a year ago in an academic paper The Meredith Kercher case for Forensic Science Genetics: Analysis and Implications of the Miscarriages of Justice of Amanda Knox and Raffaele Sollecito to see whether they stand up to the light of day.

Peter Gill claims the case is a PROVEN miscarriage of justice with regard to their convictions for Meredith’s murder:

“The case discussed here relates to the proven miscarriage of justice of Amanda Knox and Raffaele Sollecito in relation to the accusation of murder of Meredith Kercher in Perugia, Italy on the 1st November, 2007” (Peter Gill, FSI Genetics Report).

Anyone who is unfamiliar with the case might assume after reading Gill’s comments that there must be some exculpatory evidence will supports his claim e.g. verified alibis or CCTV footage that proves Amanda Knox and Sollecito were not at the cottage at the time of the murder.

However, Peter Gill never substantiates this claim. The reason why he can’t substantiate this claim? There is in fact NO exculpatory evidence at all.

Those unfamiliar might also assume that the other pieces of evidence against Knox and Sollecito have been completely discredited. However, Peter Gill chooses to completely ignore this evidence and its stark significance.

“This paper is necessarily restricted to the interpretation of the DNA evidence—without it the original convictions probably would not have occurred.”

How does Peter Gill KNOW the original convictions probably wouldn’t have occurred?

He seems to be labouring under the misapprehension that DNA evidence is mandatory in a murder trial order to secure a conviction.

However, DNA evidence isn’t a required element in any common law jurisdiction. All the pieces of evidence in a murder trial have to be considered. They also have to be considered wholly - not separately.

If firm DNA proof is there good. If it isnt, that is not a fail. The Italian Supreme Court criticised Appeal Judge Hellmann for adopting a piecemeal, atomistic approach to the evidence, and assessing each piece of evidence in isolation to the other pieces of evidence.

“The Hellmann Court of Appeal did not assess the pieces of circumstantial evidence in a comprehensive fashion; it did not evaluate them in a global and unified dimension, but managed to fragment them by evaluating each one in isolation, in an erroneous legal‐logical analysis, with the goal of criticizing their individual qualitative significance, whereas if the Hellmann Court of appeal had followed the interpretative rule of this Court of legitimacy, each piece of circumstantial evidence would have been integrated with the others, determining an unequivocal clarification of each of the established facts, so as to reach the logical proof of the responsibility of the accused.” (Judge Chieffi’s Supreme Court report, page 25).

But Gill makes the exact same mistake as Hellmann in adopting a piecemeal approach to the evidence against Knox and Sollecito. Unlike Hellmann, however, he ONLY considers the DNA evidence.

British killers Levi Bellfield and Robin Garbutt were both convicted of murder on far less evidence than Knox and Sollecito and without the prosecution presenting any DNA evidence at their trials.

Nobody batted an eyelid. Presumably because these two killers didn’t hire PR firms and they weren’t young women in their 20s.

By restricting his comments to the DNA evidence, Peter Gill conveniently doesn’t have to address and let alone refute the other pieces of evidence that led mutiple judges - including three separate panels of Supreme Court judges - to believe Knox and Sollecito were involved in Meredith’s murder.

One of the key reasons why Knox and Sollecito were convicted of murder is they repeatedly told the police a pack of lies. They gave completely different accounts of where they were, who they were with and what they were doing on the night of the murder. Neither Knox nor Sollecito have verified alibis despite three attempts each.

All the other people who were questioned as part of the police investigation into Meredith’s murder had one credible alibi that could be verified. Innocent people don’t give multiple conflicting alibis and lie repeatedly to the police. It should be noted that Knox and Sollecito lied before and after their questioning on 5 November 2007, so their lies can’t be attributed to police coercion.

Amanda Knox initially claimed she was at Sollecito’s apartment on the evening of the murder and that she was there when she received the text message from Diya Lumumba at 8:18pm. However, Judge Massei and Judge Nencini both pointed out in their reports that her mobile phone records showed that this wasn’t true.

On 5 November 2007, Sollecito admitted in his signed witness statement that he had lied to the police.

“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.”

Sollecito withdrew his alibi for Knox and claimed she wasn’t at his apartment.

“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, but I don’t remember what I ate. At around eleven my father phoned me on the house phone. I remember Amanda wasn’t back yet. I surfed on the Internet for a couple of hours after my father’s phone call, and I stopped only when Amanda came back, about one in the morning, I think.

Once Knox was informed Sollecito was no longer providing her with an alibi, she repeatedly admitted that she was at the cottage when Meredith was killed in two witness statements and in her handwritten note to the police.

Knox was given another opportunity to tell the police the whole truth, but she chose to deliberately and repeatedly lie to the police by again and again accusing Diya Lumumba of murder.

“Amanda Marie Knox accused Patrick Lumumba of the murder at 1:45 am on 6 November 2007.”

“Amanda Marie Knox repeated the allegations before the magistrate, allegations which she never retracted in all the following days.” (The Nencini report, page 114).

Amanda Knox reiterated her false allegation against Diya Lumumba on 6 November 2007 when under no pressure.

“[Amanda] herself, furthermore, in the statement of 6 November 2007 (admitted into evidence ex. articles 234 and 237 of the Criminal Procedure Code and which was mentioned above) wrote, among other things, the following:

“I stand by my [accusatory] statements that I made last night about events that could have taken place in my home with Patrick…in these flashbacks that I’m having, I see Patrick as the murderer…”

This statement was that specified in the notes of 6 November 2007, at 20:00, by Police Chief Inspector Rita Ficarra, and was drawn up following the notification of the detention measure, by Amanda Knox, who “requested blank papers in order to produce a written statement to hand over” to the same Ficarra. (Massei report, page 389).

The Italian Supreme Court categorically stated that it’s a judicial fact Amanda Knox was present at the cottage when Meredith was killed because she repeatedly admitted she was there and she knew specific details about the crime.

“Given this, we now note, with respect to Amanda Knox, that her presence inside the house, the location of the murder, is a proven fact in the trial, in accord with her own admissions, also contained in the memoriale with her signature, in the part where she tells that, as she was in the kitchen, while the young English woman had retired inside the room of same Ms. Kercher together with another person for a sexual intercourse, she heard a harrowing scream from her friend, so piercing and unbearable that she let herself down squatting on the floor, covering her ears tight with her hands in order not to hear more of it.

About this, the judgment of reliability expressed by the lower [a quo] judge [Nencini, ed.] with reference to this part of the suspect’s narrative, [and] about the plausible implication from the fact herself was the first person mentioning for the first time [46] a possible sexual motive for the murder, at the time when the detectives still did not have the results from the cadaver examination, nor the autopsy report, nor the witnesses’ information, which was collected only subsequently, about the victim’s terrible scream and about the time when it was heard (witnesses Nara Capezzali, Antonella Monacchia and others), is certainly to be subscribed to.”

We make reference in particular to those declarations that the current appellant [Knox] produced on 11. 6. 2007 (p.96) inside the State Police headquarters. On the other hand, in the slanderous declarations against Lumumba, which earned her a conviction, the status of which is now protected as final judgement [giudicato], [they] had themselves exactly that premise in the narrative, that is: the presence of the young American woman inside the house in via della Pergola, a circumstance which nobody at that time – except obviously the other people present inside the house – could have known (quote p. 96). (The Bruno and Marasca, Supreme Court report).

Not only does Peter Gill completely ignore Knox and Sollecito’s numerous lies and multiple false alibis as if they are somehow unimportant and irrelevant, he also completely ignores the fact that Amanda Knox knew specific details about the crime.

Judge Nencini pointed out in his report that Knox made statements to the police that contained specific references to events that the investigation ascertained actually happened on 1 and 2 November 2007 and that nobody other than a participant in those tragic events could have known about. She knew that Meredith had been sexually assaulted and had screamed loudly and she placed herself near the basketball ball in Piazza Grimana which was corroborated by another witness.

Umbria Prosecutor General Galati pointed out in his appeal that Amanda Knox told Meredith’s British friends that Meredith “was covered by a quilt, that a foot was sticking out, that they had cut her throat and that there was blood everywhere” (The Galati-Costagliola appeal, page 65).

Galati concluded that Amanda Knox knew these specifc details because she was in Meredith’s room at the time of the murder.

“Amanda has described the spot where Meredith was effectively murdered (in front of the wardrobe) and she has described the state of the body and of the room and the injury to the throat, in speaking with Meredith’s co-nationals, although, at the moment when the door to Meredith’s room was kicked in, neither she nor Sollecito, for certain, were able to look inside.

According to her, neither she nor Sollecito went into that room that morning before the arrival of the police because it was locked. Yet she knew everything. She knew because she was in that room at the time of the murder and when Meredith was left in the conditions in which she was discovered.” (The Galati-Costagliola appeal, pages 66-67).

I anticipate that Peter Gill might try to handwave away the lies by attributing them to police coercion or brutality on 5 November 2007. Amanda Knox claimed she was slapped twice by a police officer. However, the witnesses who were present when Knox was questioned, including her interpreter, all testified under oath at the trial in 2009 that she wasn’t hit.

Furthermore, Amanda Knox’s lies can’t be attributed to police brutality and coercion because she lied repeatedly BEFORE she was questioned on 5 November 2007.

  • Her account of the morning of 2 November 2007 is fictitious. She lied about sleeping until around 10:00am on 2 November 2007. (The Nencini report, page 158).

  • She lied to Filomena about where she was later that morning. (The Nencini report, page 174).

  • She pretended she hadn’t just called Meredith seconds earlier when she spoke to Filomena. (The Massei report, page 387).

  • She lied to her friends in an e-mail on 4 November 2007 by claiming she had called Filomena first. (The Nencini report, page 169).

  • She lied to the postal police by claiming Meredith always locked her door (The Massei report, page 179).

Florence Judge Martuscelli has just ”>comprehensively detailed Raffaele Sollecito’s numerous lies and false alibis in his report - which explained why Sollecito was denied compensation from the State.

“The contradictions and inconsistencies between the various reconstructions which Sollecito offered about the movements of himself and his girlfriend during the late evening of 1 November 2007, and the succeeding night are clear, and we don’t need to underline them.

At first he said he and Knox went to his house shortly after 17:30, after a short walk around the town, and that he remained at home with her for the rest of the evening and night. A few days later he described this story as a “sacco di cazzate”, recounted by him only because the girl had persuaded him to confirm her account, whereas the truth was that he had gone to his home alone at 20:30-21:00, and had remained at home alone until Knox returned, about 01:00, and she remained and slept with him.

Two days later, questioned by the GIP, he said that this story of 5 November 2007 was untrue, and that really Knox had gone to his house with him at 20:00-20:30, they ate together, and then he certainly had remained at his computer until midnight, though it was possible that the girl had gone out, even though he didn’t remember well either if she went out or if she had later returned, excusing his lack of recall either because he had smoked cannabis that evening, or alternatively because every evening at that time was much like all the other evenings.

Such contradictions and inconsistencies render some of his earlier statements obviously incredible, because he himself has declared that they contain lies, besides which, after having purposely retracted his statements of 5 November 2007, which completely overturned his earlier statements, he didn’t return to his original story but came up with something different in which he reaffirmed the fact that he had first introduced on 5 November 2007 that Knox hadn’t spent the whole evening with him, “without however being certain about this, but confusing it in a tale of vague recollections emphasising this vagueness in the course of questioning aimed at clarifying his inconsistent statements.

Additionally his claims [5 ->] to be unable to remember those hours was criticised by various judges regarding the cautionary measures, who highlighted the strangeness of a “wavering” memory, which showed that he recalled very well various details of the evening but claimed to have completely forgotten other details of equal or greater importance. For example, the GIP in the interrogation of 8 November 2007 receiving the vague replies of Sollecito, when asked about his earlier declarations said “Sometimes you seem to remember very clearly, but at other times, when you are challenged, you say you don’t remember. I exhort you to be accurate, because you must understand that with all of these contradictions…your situation is not good.”

At the Court of Review, the order made on 30 November 2007 notes that in the spontaneous declaration given by Sollecito to that court that he had lingered on the fact that he had been at the computer the whole evening “adding new details about what he had done on the computer, details which obviously contrast with the complete mental blank which must have been his mind due to drug taking, at least unless we reach the conclusion hypothesising a particular pathology, the loss of memory secundum eventum.” [after the event]

The poor memory of what he was doing on the evening and night of 1 November 2007 seems barely credible because if it is possible that he spent all of his evenings in the same way, certainly he had never before lived through a day like 2 November 2007. To discover in the morning of 2 November 2007 that in his girlfriend’s house a murder had occurred, and that it was one of her flatmates who had been killed should have, logically, prompted the young man to have a precise memory of where Knox had passed the time during which all of this had presumably happened, at the very least to be thankful for the circumstances which had kept her away from the house, and thus would have been bound to encourage a precise recall of whether she was at home with him all evening or had been absent during that critical period.

“However all of the versions offered by Sollecito are untrue not only because they are contradictory, but also because many of them have been substantially disproved. For example, the witness Popovic disproves that Sollecito returned to his home alone at around 20:00/:30, although this is what he claimed in his last account which he never withdrew. This witness testified that she visited Sollecito’s house twice on the evening of 1 November 2007, at about 18:00 and at about 20:40, and that on both occasions saw Knox there, from which it seems certain that both of the young people were at Sollecito’s house together at least up until the time of the later visit. In addition, examination of his computer showed that it was in use, to watch a film, and showed “signs of human interaction, between the hours of 18:27 and 21:10.

It is also disproved that the young man was working at his computer on the evening of 1 November 2007 until 23:00/24:00. The analysis of his computer shows that between 21:10 and 05:32 there was no human interaction, though the machine remained switched on, downloading films in an automated manner (although Sollecito’s expert witness D’Ambrosio claims that a short animated film was viewed between 21:26 and 21:46).

The claim that the two slept all night, from 24:00 or 01:00 until 10:00 is also disproved; one of them (there was nobody else in the house) at 05:32 had turned on the computer, and listened to music for half an hour, and at about 06:00 someone had turned on Sollecito’s cell phone which was then able to receive a goodnight message from his father sent at 23:14 and which had not been received earlier because the phone was turned off.

Finally, it was disproved that Sollecito had received a phone call from his father at about 23:00 on 1 November 2007: the phone logs show that he received no calls on either the fixed or mobile line after about 20:40, [6 ->] and indeed his father explained that having established from this call that his son was with his girlfriend, getting ready to spend the evening together, he avoided telephoning again in order not to disturb them.”

The significance of Knox’s and Sollecito’s numerous lies to the police and others seems to be completely lost on Peter Gill.

Bear in mind that Robin Garbutt was found guilty of murdering his wife because he lied to the police, changed a key part of evidence and was caught out by technology.

There was no murder weapon, no DNA or forensic evidence, no logical motive, no witnesses and no confession. There has been no big media maelstrom concerning Robin Garbutt’s conviction for murder. It seems middle-aged white knights are only interested in rescuing damsels in distress and trying to profit from Amanda Knox’s infamy.

There is no plausible innocent explanation for Knox and Sollecito’s multiple false alibis and numerous lies. Amanda Knox’s high-profile supporters in the media seem to be completely oblivious to them.

The filmmakers responsible for the Netflix documentary Amanda Knox also completely ignored her lies with the exception of her false and malicious allegation against Diya Lumumba.

They ignored the fact Amanda Knox didn’t retract her accusation the whole time he was in prison even though she knew he was innocent. Time and time again Amanda Knox’s advocates in the media brush inconvenient facts that show her in a bad light under the carpet.

Peter Gill has never publicly mentioned Amanda Knox’s false and malicious accusation of Diya Lumumba or the fact she is a convicted felon for life, presumably because it undermines his narrative that she is an innocent victim. Amanda Knox’s definitive slander conviction for repeatedly accusing an innocent man of murder completely shatters this PR myth - a myth that Gill has unethically tried to peddle in the media.

Judge Micheli, who presided over Rudy Guede’s fast-track trial and sent Knox and Sollecito to trial, said lying repeatedly to the police will always be considered to be a serious indication of guilt. Judge Massei and Judge Nencini both attached considerable significance to Knox and Sollecito’s numerous lies in their respective reports.

Judge Micheli, Judge Massei and Judge Nencini are all experienced trial judges. Even Judges Bruno and Marasca didn’t attempt to understate their significance and stated that Knox and Sollecito were covering for Guede. That makes Knox and Sollecito at the very least accessories after the fact and guilty of perverting the course of justice.

Only a gullible simpleton would unquestioningly believe anything Knox and Sollecito say given the fact they are self-confessed and compulsive liars. It’s completely illogical for anyone to trust them - and yet Peter Gill does.

He may be a highly-qualified DNA expert, but he doesn’t seem to have an ounce of common sense. It should be self-evident even to a half-wit that Amanda Knox and Raffaele Sollecito lied repeatedly because they were trying to cover up their involvement in Meredith’s murder.

Posted on 03/05/17 at 08:08 PM by The MachineClick here to view all my past posts, via link at top left.
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Friday, March 03, 2017

How Too Often Nobody Tunes In On A Faulty System Before It Spectacularly Goes Wrong

Posted by Peter Quennell


How Ignored Systems Become Mean

Well-intentioned Italy is for sure the ONE country in the world where our case could still be playing out after nearly 10 years.

Why? Well, it is the ONE country that mandates two automatic levels of appeal (why?) with the first appeal before a new jury (why?) and the original trial prosecution absent at both levels of appeal (why?).

Outside of the courtrooms, judges and prosecutors are forbidden from even mildly explaining themselves (why?).

And judges are all required to write these enormous reports, the original purpose of which was to ensure justice is SEEN to be done - but which can set 10 million Sherlocks on the loose, intent on making law enforcement look fools.

Not such wonderful aspects of a system with intentions for the best. These negative aspects (among others) eat up time and resources, and they create living hells for the families of victims - the Kerchers have tens of thousands of Italian families of victims for sad company.

Do you know of this dramatic book and film?

It did not look like racial scaremongering at the time though looking back it does now.

What had happened is that a huge leap forward by the Japanese economy in the 80s in large part by adopting industrial systems created in the US made Americans realise Japanese enterprises were eating their lunch while their own legacy systems decayed.

The positive outcome of that big scare was widespread adoption of this mass system upgrade in the US.

Partly because of that the American economy in the 90s really roared - and the huge Silicon Valley systems generator came alive.

And The Best-Picture Envelope Please

If you watched the Best Picture mix-up at the last few minutes of the Oscars the other night you will know HOW LONG it took for corrective action to cut in.

Two and a half thank-you speeches by the wrong team had already come and gone. 

You may already have heard that the Academy will never use those two accountants again.

Scapegoats? Maybe not. The main reason was not that one of them (the man) messed up - it was that when the wrong announcement was made both of them froze. They had to be forced out onto the stage!

THATS an odd system mishap for sure.

And why was the presenter (Warren Beatty) puzzled at what he saw on the card? The card itself was a mess. This terrific article on typography gone wrong explains how.

The accountants’ system for creating and handing out the right cards had obviously not been gamed for flaws.

But the Academy also was at fault, for not checking all of their systems out. They know now that their systems need a little love, too.

Posted on 03/03/17 at 04:15 PM by Peter QuennellClick here to view all my past posts, via link at top left.
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Tuesday, February 21, 2017

Exposing Peter Gill: An Opportunistic Expert Never At Trial and Never At Either Rome Police Lab

Posted by The Machine



Peter Gill seen indoctrinating non-expert viewers on Italian TV


Follow the money trail…

So many of Amanda Knox’s high-profile supporters such as Frank Sforza, Candace Dempsey, Doug Preston, Bruce Fischer, Nina Burleigh and Steve Moore have something in common - they have cynically tried to make a profit from Meredith’s tragic murder.

Now we turn our big guns on tendentious DNA expert and Johnny-come-lately Dr Peter Gill.  When Gill tried to cast doubt on the bra clasp and knife evidence with copious innuendo in the media early in 2014, it was a fairly safe bet that a book would follow suit.

Predictably, Gill’s book Misleading DNA Evidence: Reasons for Miscarriages of Justice was published later that year in June.

This first in a series of posts about Gill draws on some excellent previous posts - please do read in particular Fly By Night and Olleosnep, Machiavelli and KrissyG.

In this article I will explain the weak basis for his claims about the Meredith Kercher case and examine them to see whether he did real research.

Any hopes that Peter Gill did meticulously research the Meredith Kercher case before writing his book are almost immediately dashed. He embarrassingly refers to Meredith as “Meridith”. Is it too much to expect him to be able to spell the victim’s name correctly, especially when he is putting himself forward as an expert on the case and using his DNA credentials to bolster his credibilty?

In three specific places in his book, he refers to the case as a “miscarriage of justice” even though at the time Knox and Sollecito were still appealing their convictions for murder and sexual assault back in 2009. The appeal judge Judge Nencini then also found them guilty of murder and sexual assault in Florence in 2013.

Peter Gill was never in a position where he could conclude there had been a miscarriage of justice. Unlike the judges and lay judges, he hadn’t attended any of the court hearings in Perugia or Florence, he doesnt speak any Italian, and he has never been to the two labs that processed the DNA in Rome. 

Upstanding forensic scientists limit their comments solely to their specific area of expertise, and they allow the courts to ultimately decide whether defendants are guilty or not guilty - and not act as partisan advocates. That’s certainly the stance Peter Gill took when replying to an e-mail to TJMK poster Swansea Jack on 28 June 2014.

Thanks for your email.

I cant control how people interpret my comments.  I am not getting involved in a debate that specifically addresses the ulitmate issue of innocence/guilt of individuals since that is the purpose of the court.  I can only comment on the probative value of the DNA evidence. I dont know definitively how the DNA was transferred - I simply make a list of all of the possibilities. I dont comment on the non-DNA evidence.

Regards, Peter

It was dishonest of Peter Gill to claim he wasn’t getting involved in a debate that specifically addressed the ultimate issue of innocence or guilt when he had already done that by categorically stating the convictions of Knox and Sollecito were a “miscarriage of justice” in his book.

It wasn’t the first time Peter Gill had blown backwards and forwards on an important topic and made contradictory comments. Here is judicial criticism of some of his comments during his testimony at the Omagh bomb trial.

Dr Peter Gill, an exponent of the Low Copy Number DNA technique, conceded some of the results presented in the bomb trial were “valueless”.

Mr Justice Weir warned Dr Gill about “blowing backwards and forwards” on “an important topic”.

The judge said it was “very unhelpful” to give apparently contradictory evidence. Sean Hoey denies 58 charges, including 29 murders in Omagh in 1998.

Mr Hoey is a 37-year-old electrician from Molly Road, Jonesborough in County Armagh.

Low Copy Number DNA - a technique whereby DNA profiles can be obtained from samples containing only a few cells - is an important part of the prosecution case.

Dr Gill had been asked to comment on claims that control samples tested at the same time as parts of a device in Lisburn had come up positive for Mr Hoey’s DNA type.

That finding, said defence QC Orlando Pownall, should have meant that the tests were run again. The fact that they weren’t meant the results were invalid, he claimed.

“I think it invalidates the result,” Dr Gill agreed.

Dr Gill was also challenged over what appeared to be conflicting evidence on the reliability of Low Copy Number DNA testing.

Mr Pownall was questioning him about the amounts of DNA below which results could be relied on.

Giving evidence, Dr Gill said at a certain DNA level information taken from the results could be “informative”.

But Mr Pownall pointed out that in papers Dr Gill had written on the subject he had said that at that level the results were “uninformative”.

Mr Justice Weir intervened to say it “seems rather an important topic on which to be blowing backwards and forwards on.

In July 2016, Peter Gill wrote an academic paper about the Meredith Kercher case for Forensic Science Genetics: Analysis and implications of the miscarriages of justice of Amanda Knox and Raffaele Sollecito. He made the following false claims:

“The final judgement exonerated the defendants” and “Amanda Knox and Raffaele Sollecito were exonerated in March 2015”.

Amanda Knox and Raffaele Sollecito weren’t exonerated in March 2015 - they were merely acquitted with the weakest language available under Italian law.

There is a significant difference here. They were acquitted under paragraph 2 of article 530, which is merely an insufficient evidence acquittal. Had they been acquitted under paragraph one of article 530, then that would have been a definitive acquittal or exoneration.

Judge Bruno and Judge Marasca, the Supreme Court judges who acquitted them, said it was likely they would have convicted Knox and Sollecito of Meredith Kercher’s murder if the police hadn’t made claimed errors in their investigation:

“If it were not for the weak investigation and if the investigation had not been affected by guilty omissions, the court would, in all likelihood, be allowed right now to outline a framework, if not on absolute certainty at least of tranquil reliability, in view of the guilt Knox and Sollecito for killing the British student Meredith Kercher in Perugia on Nov. 1, 2007.”

Bruno and Marasca stated Meredith had been killed by Rudy Guede and others. They also said it’s certain that Amanda Knox was at the cottage when Meredith was killed and she washed Meredith’s blood off in the small bathroom. Furthermore, they said Sollecito was probably there. It’s not difficult to work out who the others are. Bruno and Marasca didn’t exonerate Knox and Sollecito - they clearly implicated them in Meredith’s murder. 

I don’t know whether Peter Gill knows about Bruno and Marasca’s comments. If he doesn’t know about them, it was remiss of him not to read the whole report and refer to these comments in his academic paper. If he does know about them, he’s guilty of deliberately misleading the forensic community as well as the general public.

Is it just a coincidence that filmmakers responsible for the Netflix documentary Amanda Knox also cherrypicked comments made by Bruno and Marasca which were favourable to Knox and Sollecito, but completely ignored all their comments which were not?

Amanda Knox’s advocates in the media have always brushed inconvenient facts under the carpet. Their intention has always been to persuade the public that she’s innocent - not inform them and let them make up their own minds. Anyone who deliberately hides information that shows Knox and Sollecito in a bad light doesn’t care about Meredith or truth and justice.

More to come.

Posted on 02/21/17 at 10:15 PM by The MachineClick here to view all my past posts, via link at top left.
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Monday, February 13, 2017

Sollecito Thinks He Can Win Again At The Supreme Court? Think Twice, Eyes Much Sharper Now

Posted by James Raper




1. Sollecito’s Tough Road Ahead

He who comes to court for compensation must come with clean hands.

Dr Maresca’s comment quoted below is relevant and fully justified. It is not to be overlooked that in addition to the lies and suspicious behaviour we have a “definitive” (joke) judgement that also says that Knox and probably Sollecito were present in the cottage at the time of the murder.

Even if Sollecito was not then he had good cause to believe that Knox was, yet before and after his police statement he did everything he could to obfuscate the fact and mislead investigators and prosecutors, all the while trying to dig himself out of a hole.

That adds up to a number of additional criminal offences he has committed but for which he has escaped sanction.  In addition who can doubt that at the very least he had a part in, or knowledge of, the burglary staging (not criticized by the 5th Chambers), and the subsequent removal of blood traces (the evidence for which which the 5th Chamber basically ignored).

‘Doubts Remain about Sollecito’s Acquittal by Maresca’

(ANSA) - PERUGIA, Feb. 12 - The lawyer Francesco Maresca, who represents the family of Meredith Kercher, commented on the decision of the Tuscan capital judges to reject the claim for unjust detention by the young man from Puglia.

“The Court of Appeal of Florence confirms the uncertainty related to the acquittal of Raffaele Sollecito and Amanda Knox will remain in the history of Italian justice for all the unresolved doubts that it leaves”.

According to the lawyer “It confirms the statements and behavior of the young pair as a justification for custody and reminds us of the fact that the Supreme Court has placed them still in the house of the crime, so it really does seem that this absolution was to be refused at all costs.”


2. Knox & Sollecito Actions In The Week Prior To Arrest:

This is a repeat of my post of almost exactly three years ago which reveals an incriminating behavior pattern for sure.

A very strong case for guilt has been made at trial and endorsed at the first-level appeal…

The focus of this post… is upon the described behaviours of Knox and Sollecito, from the very beginning for a full week.

How The Behavior Speaks To Guilt

The early pointer of the staged break-in aside this behaviour gave investigators an insight into the pair’s possible involvement back on Day One: Behavioral pointers have continued on a par with corroborated developments in the case.

It has even continued, incredibly, since their release from prison. For me it is the thread that runs through this case having as much to do with the overall picture of culpability as the other elements .

This behaviour - to include what they have to say for themselves - is a catalogue of the inappropriate, of the implausible, of inconsistencies and contradictions, of evasions and obfuscations, to be gleaned from the accounts of Knox and Sollecito themselves and highlighted in the accounts of other witnesses. It is also to be gleaned from phone and computer records.

Taken together it is a formidable body of evidence which goes to character and culpability. It cannot be attributed to a railroading job, the machinations of a corrupt and evil prosecutor or character assassination by the media. It is also implausible if not impossible to explain it as being due to naivety, confusion or some quirkiness of character.

It amounts to the pair of them concocting stories, telling lies and misleading investigators and the general public.

Physical Evidence Array Is Already Substantial

There are numerous items of evidence which are building blocks in the prosecution case and with which we are all familiar.

    1. The staged break-in via Filomena’s window with pointers to this outside, on the windows and shutters, and throughout the bedroom.

    2. The evident partial clean up proved by footprint trails with footprints missing and what was behind the locked door.

    3. Amanda Knox’s lamp on the floor behind Meredith’s locked door which she only conceded was her own at trial, under pressure.

    4. Knox’s dried and congealed blood on the tap in the small bathroom that Amanda Knox and Meredith shared.

    5. The bloody footprint on the mat in that bathroom definitively attributed to Sollecito rather than Guede

    6.  The mixed DNA of Knox and Meredith Kercher found in blood in the basin, the bidet and on the box of Q tips in that bathroom

    7. Two luminol enhanced mixed traces containing DNA belonging to Knox and Meredith Kercher, one in the corridor and the other in Filomena’s room

    8. Two luminol enhanced footprints of Knox in the corridor and one of Sollecito immediately outside Meredith’s room.

    9. The knife taken from Sollecito’s apartment with Meredith Kercher’s DNA on the blade and Knox’s DNA on the handle and on the blade

    10. Meredith Kercher’s bra clasp with Sollecito’s DNA on a hook and contamination possibilities definitively ruled out.
Behaviors In The First Week Of November 2007

I don’t want to make this an unduly long post. Accordingly I am going to concentrate on the period up to that famous police interrogation analysed just below. As to that critical period I will be selective but it should be enough.


The Lady With The Mop?

The story (in Knox’s e-mail) that she had visited the cottage to collect a mop, have a shower and get a change of clothing, earlier on the morning of the 2nd November, but did not notice that Filomena’s window had been broken and her room trashed is just that - a made up story. It is entirely implausible and the account unreliable for a number of reasons including-
 

    (a) it is hard to believe that she did not notice the hard to miss fact that the shutters to Filomena’s window were (as they were found) open - this would have alerted her to the likelihood that Filomena was back home which she would, of course, have checked out of curiosity if nothing else given that she found no one home.

    (b) her claim that Filomena’s door was shut is contradicted by Sollecito who wrote (prison diary) that when he later entered the cottage with Knox   Filomena’s door was wide open.

    (c) it is hard to believe that she took a shower without noticing until after her shower (as she claimed) that there was blood on the bathroom mat, including a bloody footprint. In fact she didn’t even claim to notice that it was a footprint despite the fact that it was obviously so.

    (d) it is hard to believe that having found the front door wide open and having found blood, and having opted for a shower and to blow dry her hair, she never got round to checking for any sign of Meredith’s presence. Any one else would have tried her door to check whether or not she was home.

    (e) from her appearance at the cottage that morning it is hard to believe that she took a shower at all (let alone blow dried her hair) and the cops remarked that she reeked of body odour.

    (f)  less problematic but nevertheless still somewhat surprising is that as she is drying her hair she makes a fuss over shit (left by Guede) in the toilet,  describes herself as being “uncomfortable” about it but does not flush it away before grabbing the mop and leaving.



The Two Stayed At Home?

The story that Knox and Sollecito had spent the previous night (the night of Meredith’s murder) indoors, critically from 9 pm onwards, that both had slept and that Knox had been the first to rise at about 10.30 am the next morning is implausible and uncorroborated, not only because this alibi is directly contradicted by the testimony of Curatolo and Quintavalle, and Sollecito’s statement to the police that Knox had gone out and not returned until about 1 am, but also in view of the following facts.

    (a) Curatolo claimed to have first seen the Knox and Sollecito in Piazza Grimana shortly after 9.30 pm but Knox claimed in her trial testimony that she and Raffaele had cooked and eaten a meal between 9.30 and 10 pm.
    GCM:  Can you say what time this was?

    AK:  umm, around, umm, we ate around 9.30 or 10, and then after we had eaten, and he was washing the dishes, well, as I said, I don’t look at the clock much, but it was around 10. And…he…umm…well, he was washing the dishes and, umm, the water was coming out and he was very bummed,  displeased, he told me he had just had that thing repaired. He was annoyed that it had broken again. So…umm

    LG:  Yes, so you talked a bit. Then what did you do?

    AK:  Then we smoked a joint together……we made love…..then we fell asleep.

    Unfortunately Sollecito’s father himself torpedoed this dodge by telling the court that when he phoned his son at 8.42 pm Sollecito had told him that there had been a water leak while he was washing the dishes. Taking into account Knox’s testimony that they had eaten before the dish washing, this places the meal and dish washing before that call.

    (b) Sollecito told the police that at about 11 pm he had received a call from his father on his land line. Not only is that not confirmed by his father but there is no log of such a call.

    (c) There is no log of a call to his mobile at that time either though his father had sent a text message at that time but which Sollecito did not receive until 6. 03 am the following morning. We know that he had received it at that time because that is the time at which it is logged in the phone records.  Sollecito had just turned his phone on and clearly the phone had been off when the text message was sent.

    (d) There is no record of any phone activity for either of them from after the 8.42 pm call to, in Sollecito’s case, receipt of that text message at 6.03 am,  and in Knox’s case her call to Meredith’s English phone at 12.07 pm the next day.

    A further word about this Point (d) here as Knox has released her phone records on her web site. In her case it has to be said that this is not so unusual. Up until the 30th October there is no regular pattern of late or early morning phone activity.

    It is interesting to note, however, that as of the 30th October there is a spate of texts and calls between her and a young Greek known to us as Spiros.  Communication between them had in fact been going on since the beginning of October but there are 5 texts in the afternoon of the 30th, two telephone calls in the afternoon and a call at 11.38 pm on Halloween.

    In the early hours of the following morning there are a couple of calls between the two. In fact we know that the two met up together for Halloween as Knox was at a loose end.  Meredith had shrugged her off and Raffaele was attending a friend’s graduation dinner out of town.

    Sollecito is different as his father was in the habit of calling at all hours just to find out what his son was doing and, as we know, he had called late only to find that his son’s phone was switched off.

    In the case of Knox she admitted in any event that her phone had been switched off, “to save the battery”.

    (e) There is no record of any activity on Sollecito’s computer after 9.15 pm and until 5.32 am the following morning when music was played for half an hour.  This contradicts the claim that Sollecito had smoked pot and interacted with his computer until midnight and that they had both slept until late the following morning.

    (f) The fact that the next morning, outside the cottage, both Knox and Sollecito looked utterly exhausted. This belies the alibi that they had spent a quiet night indoors and had only risen late that morning.

The Fake Call To Knox’s Mum in Seattle?

Knox falsely claims in her book that having had her shower she called her mother on her way back to Sollecito’s apartment as she was beginning to have concerns as to what she had seen at the cottage. Her mother tells her to raise her concerns with Raffaele and the other flatmates and Knox says that she then immediately called Filomena. Filomena tells her to get hold of Meredith by phone which she tries to do by calling Meredith’s English phone first, then her Italian one.

    (a) How does this correlate to the contents of her e-mail of the 11/04/07?

    (b) How does this correlate to Knox’s phone records?

    (c) There is no mention of a call to her mother at all in the e-mail. This from her e-mail -
    “….and I returned to Raffaele’s place. After we had used the mop to clean up the kitchen I told Raffaele about what I had seen in the house over breakfast.  The strange blood in the bathroom, the door wide open, the shit in the toilet.  He suggested I call one of my roommates, so I called Filomena………..
    Filomena seemed really worried so I told her I’d call Meredith and then call her back. I called both of Meredith’s phones the English one first and last and the Italian one in between. The first time I called the English phone it rang and then sounded as if there was disturbance, but no one answered. I then called the Italian phone and it just kept ringing, no answer. I called the English phone again and this time an English voice told me the phone was out of service.”

    (d) the phone records are as follows for 2 November 2007:

    Ist call of the day @  12.07.12 (to Meredith’s English phone)  - 16 seconds

    2nd call   @  12.08.44 (to Filomena)  -  68 seconds

    3rd call   @ 12.11.02 (to Meredith’s Italian phone)  -  3 seconds

    4th call @ 12.11.54 (to Meredith’s English phone)  - 4 seconds

    8th call   @  12..47.23 (first call to her mother) - 88 seconds

    (e) The discrepancies are numerous, see these examples:

    1. The first call to her mother was not just after leaving the cottage but 40 minutes after the call to Filomena, and the call to Filomena had been placed after she had returned to Raffaele’s place and after they had used the mop and had breakfast. In fact, say about an hour after she left the cottage.

    2.  The first call to Meredith’s English phone was placed before the call to Filomena, and not after as Knox would have it in her e-mail. A minute before,  but Knox did not mention this to Filomena, as confirmed by the e-mail and Filomena’s testimony.

    3. The first call to Meredith’s English phone disappears entirely in Knox’s book.

    4.  The call to the Italian phone did not just keep ringing. The connection was for 3 seconds and this was followed by a connection to the English phone for 4 seconds.

    5.  The English phone was not switched off or out of service. Mrs Lana’s daughter had found it. She said that she would not have done so but for it ringing (the 12.07 call for 16 seconds?). She picked it up and took it into the house where it rang again (the 12.11 call - 4 seconds?). A name appeared on the screen as it rang : “Amanda”.

    6.  The 3 and 4 second calls are highly suspicious. The Italian phone was undoubtedly in the possession of the postal police. According to Massei it’s answering service was activated, accounting for the log. Clearly Knox did not even bother to leave a message for Meredith as it would take longer than 3 seconds just to listen to the answering service. This is not the behaviour of someone genuinely concerned about another.

My Observations:

1.  In her e-mail, and repeated in her trial testimony, Knox says that she woke up around 10.30 am, grabbed a few things and walked the 5 minutes back to the cottage. If the first call to her mother was about an hour after she left the cottage (see before), then she left the cottage at about 11.47 am, which means that she spent over an hour there. Either that or she spent more (a lot more)  than 20 minutes at Raffaele’s place before calling Filomena. The latter would be more likely as it is difficult to conceive that she spent over an hour at the cottage. She didn’t have the heating on when she was there. Either way there is a period of about an hour and a half between when she might have tried to contact Meredith or raise the alarm and actually doing so.

2.  That we are right to be incredulous about this is borne out by the false claim in Knox‘s book. That false claim is significant and can only be because Knox is aware of the problem and feels she needs to add some support to her implausible story of the mop/shower visit and to conceal the real reasons for the inactivity and delay connected with it.

3. That it is incredible is even belatedly acknowledged by Sollecito’s feeble but revealing attempt to distance himself from Knox in a CNN interview on the 28 Feb this year. “Certainly I asked her questions” he said. “Why did you take a shower? Why did you spend so much time there?”

4.  That she makes that false claim and has constantly stonewalled and/or misplaced the 16 second call to Meredith’s English phone is indicative of her guilty knowledge. Her guilty knowledge with respect to the 16 second call was that it was made to ascertain whether or not the phones had been located before she called Filomena, and hence for her it was not (incredulous though this is without such explanation) a pertinent fact for her to bring up with Filomena.


The Real Call To Knox’s Mum In Seattle?

As to the 12.47 call to her mother itself (4.47 am Seattle time and prior to the discovery of Meredith‘s body) Knox not only did not mention that in her e-mail but in her trial testimony she steadfastly declined to recall that it had occurred.

She clearly did not want, or could not be trusted, to discuss why the call had occurred and what had transpired in conversation with her mother before the discovery of Meredith’s body.

Not only was the timing of the 12.47 call inconvenient to her mother but I found it interesting to note from Knox’s phone records (covering 2nd Oct - 3rd November) that mother and daughter do not appear to have called or texted each other once up until that 12.47 call.

It would appear then that in so far as they remained in direct communication with each other for that period it must have been by e-mail. One can therefore imagine that her mother was very surprised to receive that call.

It is also very difficult to accept that Knox could not recall a phone call she was not in the habit of making. (On the other hand the same records show that it was not at all unusual for Knox and Meredith to communicate with other on Meredith’s English phone.)


Sollecito’s Call From His Dad?

At the cottage, and prior to the above call, Sollecito received a call from his father at 12.40 am. Do we know what they discussed? It would in any event have been after the discovery of Filomena’s broken window and (allegedly) Sollecito’s (rather feeble) attempt to beak down Meredith’s door.

Did the responsible adult advise his son to do the obvious and call the police? One would think so, but then why was there a 10 minute delay before he called his sister in the Carabinieri at 12.50 am? Indeed, why call his sister at all? Filomena had also urged Knox to call the police when she called at 12.35.The delay might be explained by the unexpected arrival of the postal police and if this was the case then it was before Sollecito called the 112 emergency services.


The Claims Of Finding Meredith’s Body?

Neither Knox nor Sollecito saw into Meredith’s room when the door was broken down and her body discovered on the floor under a quilt. Yet in the immediate aftermath it is as if they have wanted others to believe that it was they who discovered her body and in the bragging about this there have been disclosures, not only as to what they should not have been aware but also suggestive of disturbed personalities. This behaviour was remarkable for all the wrong reasons.

    (a)  Luca Altieri‘s testimony makes it clear that Knox and Sollecito had heard about Meredith‘s cut throat directly from him during the car ride to the police station.

    However her bizarre and grotesque allusion in the early moments of the investigation to the body being found stuffed into the closet (wardrobe) is not just factually incorrect (it was lying to the side of the closet) but bears correlation to the later forensic findings based on blood splatter in front of and on the closet door, that Meredith had been thrust up against the closet after having been stabbed in the throat.

    (b)  The behaviour of Knox and Sollecito at the police station is documented in the testimony of Meredith’s English girlfriends and of the police. Whilst it is true that people react to grief in different ways it is difficult to ascribe grief to Knox’s behaviour. Emotionally she was cold towards Meredith’s friends and occasionally went out of her way to upset them with barbed and callous remarks.

    The fact that Knox was not observed to cry and wanted to talk about what had happened is not of itself indicative of anything but remarks like “What the fuck do you think, she bled to death” and her kissing and canoodling with Raffaele (including them making smacking noises with their lips when they blew kisses to each other) in front of the others was not normal.

    Rather chilling in retrospect was a scene between the pair of them when Knox found the word “minaccia” ( in english - threat) amusing and made a play of it with Sollecito in front of witnesses.

    (c) Grief is in any event reserved for friends and relations, or people one much admires. The evidence is that the initial short friendship between the two had cooled to the extent that Meredith was studiously, if politely, avoiding being around Knox. For the narcissistic and attention seeking american girl this would have been difficult to ignore and may well have offended her.

    (d)  The next day Sollecito was willingly collared by a reporter from the Sunday Mirror and told her about the horror of finding the body.
    “Yes I knew her. I found her body.”

    “It is something I never hope to see again,” he said. “There was blood everywhere and I couldn’t take it all in.”

    “My girlfriend was her flatmate and she was crying and screaming, ‘How could anyone do this?’”

    Sollecito went on to tell the reporter that “It was a normal night. Meredith had gone out with one of her English friends and Amanda and I went to party with one of my friends. The next day, around lunchtime, Amanda went back to their apartment to have a shower.”

About the only thing that is true here is that he knew Meredith.

Posted on 02/13/17 at 11:08 PM by James RaperClick here to view all my past posts, via link at top left.
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