Series 27 Single alibi hoax

Thursday, December 14, 2017

Interrogation Hoax #19: ALL Knox Q&A Sessions 2-6 November 2007 WERE Recorded #1

Posted by The TJMK Main Posters



Working entrance of Perugia’s main police station

1. What Does The Hoax Allege?

In its ever-differing core version (see Part 3) this widely-promulgated hoax alleges among other things:

(1) that the total hours Knox was questioned from 2 to 6 November was upward of 50;

(2) that Knox was the main suspect for the murder of Meredith from the get-go;

(3) that the “interrogation” was conducted by tag-teams of investigators working in shifts;

(4) that Knox was under duress and forbidden bathroom breaks, sleep and refreshments.

(5) that Knox was refused a lawyer and all questioning sessions were illegally not recorded.

(6) That the outcome was “a confession”.

2. Who Are The Main Propagators?

Often seeming intent on outdoing one another in their manufactured outrage and lurid descriptions, the frontrunners are Doug Preston, Steve Moore, Michael Heavey, Paul Ciolino, Saul Kassin, John Douglas, and Bruce Fischer.

Also Steve Moore, Steve Moore, and Steve Moore. Seemingly for him an obsession.

Thousands of other accounts take their word as gospel. Curt Knox and Edda Mellas have repeated it, blaming Amanda when challenged (really).

Amanda Knox attempts to fire up this hoax again repeatedly.

But testimonies of numerous investigators at trial that she sat through without objection confirmed one another, strong proof that nothing on the list above is true.

Knox tried to make some of this fly at the 17 December 2007 questioning that she herself requested by Dr Mignini.

She tried again on the stand at trial in July 2009. But she had to concede that none of it was like that list above and that she was treated fairly on 5-6 Nov.

No judge in 2007, 2008, 2009, 2011, 2013, and 2015 ever accepted that a “confession” was forced out of her. Knox’s own lawyers did not believe it.

Totally isolated on this in court, and often her own worst enemy, Knox was sentenced to three years for voluntarily and maliciously fingering Patrick.

Knox will remain a felon for life (there can be no reversal) for this demonizing of Patrick.

She is trying very hard to hide that fact.

For example she hid it last year from Netflix. Now she is hiding it from Vice Media who dont realize that Knox is the mother of all demonizers. Not yet.

3. Complete Absence Of Verification

So far, the hoax is a huge fail. See Part 2.

But the malicious or confused usual suspects continue to parrot the hoax like a mantra. For Fischer’s hapless bunch of apologists on Ground Report it’s a mainstay.

In this series we have already posted proof of records of all Q&A made and signed by Knox herself for 5 and 6 November. They dont go toward proving anything on the list.

Here below is the record made and signed by Knox three days earlier for 2 November. A sort of prequel but an important one. It began at the house and then took maybe two hours at the questura. We will be posting the records for 3 and 4 November soon. None of them go toward proving anything at all on the list.

Here Knox was in discussion (in fact said to be eagerly in discussion) with just three officers on their regular shifts. This record is timed at 3:30 pm. There was a hour or so for discussion and an hour or so for typing and signing. Then Knox sat outside with others until they were all fingerprinted and sent home.

This below was the longest of all her questionings.  Her sessions on 3 and 4 November merely consisted of two visits with Dr Mignini to the house, nothing more. Her nighttime sessions on 5 and 6 November we have posted on; they were quite short too. We know of no hard proof that puts their aggregate time beyond ten hours at maximum. We think less actually.

We will post the reports for 3 and 4 November soon, and you may be surprised at their briefness and thrusts - especially as Knox’s book suggests rank paranoia and chronic fatigue at the burdensomness of it all setting in.

Remember Knox was free to walk out of the police station at any time. Remember twice she turned up unrequested and she just hung around, watching and listening. (Her team actually counts in all those hours to get to their 50-plus.)

Before the wee hours of 6 November she did not even have the status of a witness. Just a person with information of possible value.

Told that she needed a lawyer on 5 and 6 November by both Rita Ficarra and Dr Mignini, she brushed them off, and kept talking and talking.

She was very keen to see things put in writing, and she demanded statements like this one to sign. The Sollecito statement follows.

4. Signed Record Of Knox Statement 2 November

[Preliminary Translation Not Yet Checked Out For Wiki]

Questura di Perugia /Perugia Police Station
Squadra Mobile /Flying Squad

Re: Transcript of summary information from persons informed of the facts (of the case) conveyed by:
KNOX, Amanda Marie, born in Washington (USA) on July 9th, 1987, domiciled in Perugia, Via della Pergola n. 7; identified by means of Passport n. 422687114 issued by the US Government on June 13th, 2007, tel. 3484673590.

On the day of November 2nd, 2007 at 3.30 pm, in Perugia at the offices of the Squadra Mobile of the Questura of Perugia. Before the undersigned Officers of the Judicial Authority Inspectors Luca C. Scatigno and Rita Ficarra, Assistant Fabio D’Astolto, respectively on duty at the aforementioned office and the local U.P.G.S.P., there is present the person indicated above who sufficiently understands and speaks Italian, who regarding to the death of Meredith Susanna Cara KERCHER, and who declares the following:

“I have been in Italy since the end of September for reasons of study, even if occasionally, on Tuesdays and Thursdays, I work in a pub called “Le Chic”, and since then I have lived at Via della Pergola number 7 together with other girls, specifically: Laura, 27 years of age, who is the one through whom I found the apartment in question, Filomena, 28 years of age, whose surnames I don’t know, but I know that they work in a law firm, though not together.

Then also living there is Meredith, an English student attending on the Erasmus exchange programme. Each one of us, peripatetically, occupies a room in the aforementioned apartment, on the 2nd floor. The common parts shared by all the girls are the two bathrooms and kitchen. Access to the apartment is through a door reached by an exterior stair. This entrance door, to be well closed, needs to be locked by means of keys, because otherwise as it is broken the door can be opened with a simple push.

Yesterday afternoon I definitely saw Meredith at lunch time, around 1 pm roughly. On that occasion I ate at my house together with my Italian boyfriend, Raffaele, whereas Meredith did not eat with us. Around 3 pm or perhaps 4 pm, after chatting a bit together with us, Meredith said goodbye and left, without however saying either the place she was going to or with whom, while we remained to play the guitar. I am not sure if yesterday Laura was at the house, because I didn’t see her, but I cannot exclude that she may have been in her room. Filomena, on the other hand, I saw yesterday morning before lunch time. She was preparing herself to go to a graduation party that afternoon.

Around 5 pm I left my house together with Raffaele to go to his house where we stayed the whole evening and the night.

This morning, around 10-11am, I returned to my house alone to have a shower and change my clothes, and in this circumstance I noticed that the entrance door of the apartment was wide open whereas the doors to the rooms inside the house were all closed, at least the ones to Filomena’s and Meredith’s rooms, although I didn’t check if they were locked, whereas the one to Laura’s room was ajar and my door was open as usual. These things seemed really strange to me because, like I already said, it is customary for all of us to always close the entrance door with a key since that is the only possible way to close it. So I started to call [the names of] the girls aloud, but without getting an answer. At that moment I thought that maybe one of the girls had gone out to throw the trash into the bins, or to go to see our neighbors, the boys, who occupy the apartment below ours and with whom we hang out.

I remember having closed the front door of the apartment, but I didn’t lock it with the keys, and I went to the bathroom located near to my room, the one that only me and Meredith usually use, to have a shower, when I noticed drops of blood on the floor and a bigger blood stain on the bath math and other blood stains on the sink as if someone had smeared it with a bloody hand. This thing seemed a bit strange to me because we girls are all fairly clean and tidy, and we clean the bathroom [immediately] after we have used it. At first I thought that the blood on the sink could be mine because I did some ear piercings about a week ago, so I immediately checked in the mirror and touched my ear. Then I touched the blood on the sink but seeing that it was not removed immediately, that is, it was not recent, I thought it could be some girl’s menstrual blood and because it disgusted me, I did not attempt to clean it.

Immediately after this I went to the other bathroom, where I usually dry my hair, and after having dried it, I noticed that there were feces in the toilet, that is, someone had used it to relieve themselves, but they had not flushed afterwards. This thing also seemed strange to me for the reasons that I have already stated, and so I avoided flushing it myself

Later I took the mop, which was located inside a closet, and I left my house to go to my boyfriend’s house to clean his room [kitchen] because we had soiled it the previous night. I remember that when I left, around 11.30 am, but I’m not sure about the precise time as I didn’t look very carefully at the clock, I closed the door of the apartment with a turn of the key.

After arriving at the house of my boyfriend, who lives alone in an apartment near my house and to be more precise in Corso Garibaldi number 110, we stayed there for about an hour, for the time it took to clean the kitchen and have some breakfast, after which we returned to my house together. I want to point out that I immediately told my boyfriend about the strange things that I had detected in my house, and he urged me to call one of the girls.

And I did indeed first call Filomena to ask her if she knew anything about the blood I had found in the bathroom, and she replied that she knew nothing about it as she had slept at her boyfriend’s, Marco’s, house the previous night, and the following morning, that is, this morning, she had gone directly to work without going home first. After Filomena, I phoned Meredith three times and to be more precise, the first time I called her, I called her English cell phone number 00447841131571, which is the first phone number Meredith gave to me, and which I saved first to my phone card; the phone rang several times, and at one point I heard the line disturbances and interruption of rings. So I tried to contact her on the phone with the number 3484673711, and also this time the phone rang but no-one answered. I tried calling her for the third time with the first cell phone number again, but also this time without getting an answer.

I didn’t call Laura because Filomena had told me in the previous phone call that she had gone to Rome, but I don’t remember if Filomena told me when she had left.

So I haven’t seen Laura since the afternoon of October 31st this year.

At this point, I returned to my house with my boyfriend, worried about Meredith, because she was the only one whose whereabouts I didn’t know of.

When I got to my house, around 1 pm, I opened the front door, which I found locked, and entered the apartment. I began to open the doors of the rooms occupied by the other girls. First, I opened Filomena’s bedroom door, that is the first room nearest to the entrance, and together with Raffaele we found that the window, with two shutters, was open and the window glass was broken. I don’t remember if both glasses were broken or only the other one. Broken glass was scattered on the floor, inside the room, near the window. Scared, I thought it could be that a thief had entered the house, and then I quickly glanced around to check that everything was in order, and that nothing had been removed. So I headed to Laura’s room and also there I opened the door and checked that everything was in order. I want to point out that I didn’t go inside the rooms, that I just had a quick look, from the door.

Immediately after that I went into my room, and even there I didn’t notice anything / nothing was different, after which I headed to Meredith’s room, but I couldn’t open the door because it was locked. 

At that point I looked out from the bathroom terrace, leaning forward to try and see the window of Meredith’s room, but I couldn’t see anything, after which I returned to the door to look through the keyhole and I could only see Meredith’s handbag on the bed. I retraced my steps to take another look at all the rooms without, however, entering any of them and without noticing anything unusual. Immediately after that I entered the first bathroom near the entrance to the apartment where I very quickly looked around without paying close attention to whether the feces were still inside the toilet.

At that point while Raffaele remained in the apartment, I went down to the downstairs students’ apartment, and above all to talk with Giacomo hoping he would have news of Meredith’s whereabouts, but no-one answered the door. After I had returned to the apartment, Raffaele decided to call his sister for advice on what to do, and immediately after that call he called, I don’t know if it was the state police (Polizia) or Carabinieri, to come to the house, and in the meantime, I contacted Filomena at her cell phone number 3471073006 to inform her we had found the window panes in her room broken, and that Meredith’s room was locked. She replied that she would join me at once.

Raffaele, who was worried about Meredith’s safety, tried to break the door to her room by kicking it without success, and immediately afterwards we saw the plainclothes police arrive. After they showed us their identification cards, they inquired about our particulars and our cell telephone numbers. Then they asked us what had happened. We told them about the window we had found with the shattered glasses, about the blood stains found in the bathroom, and about Meredith’s room that was strangely locked. The policemen asked us questions about the people who occupied the house and about the telephone calls made, and in the meantime a friend of Filomena whom I know as Marco, and two other friends of hers I didn’t know, arrived. At that point Filomena began to talk to the policemen, and while I stood aside in the kitchen, the others together with the policemen headed for Meredith’s room and broke down the door. I can’t specify who really proceeded to break down the door. At that point I heard Filomena screaming and saying “a foot, a foot” while the police officers ordered us all to go outside the apartment.

At that moment I learned from my boyfriend that inside Meredith’s room, in the wardrobe there was a girl’s body covered with a sheet, and the only thing you could see was a foot. None of those present mentioned the name of Meredith, and as I left the house immediately after that without having seen the body, I can’t state whether it’s her.

Additionally: There are four Italian students living in the apartment on the lower floor of my house, and we often gather together to play the guitar; together with them we also went out a few times to go for a dinner, and once we went to a disco. Meredith and I went out more times together with all the four boys than the other two (Laura and Filomena). These guys are respectively called Giacomo, Marco, Stefano and the fourth, with whom I personally speak very little, I seem to remember is called Riccardo. I know that one of the four guys, to be precise, Giacomo, is Meredith’s boyfriend. In fact, Meredith sometimes slept at Giacomo’s house and sometimes Giacomo came to our house to sleep with Meredith. I want to point out that the two didn’t very often go out together as Meredith went out with her English friends while Giacomo, from what Meredith told me, preferred to spend more time at home.

Additionally: Regarding the house keys, I can say that they are available to each of us, but I don’t know that other outsiders would be in possession of any copies of them, including Raffaele, my boyfriend. I’m sure Filomena gave no key to Marco, her boyfriend, since every time he arrives at our house he always knocks at the door very loudly. Laura doesn’t have a boyfriend, whereas regarding Meredith, I can say that knowing her I don’t think she had given keys to Giacomo even if I can’t definitely rule it out.

Additionally: Meredith and Giacomo had only been seeing each other for a few weeks, and as for their relationship, Meredith herself told me that it was going well, she never talked about any quarrels with Giacomo, whom I moreover find a very quiet guy. As I’ve already said, she went out very often with her English friends, and they used to attend the disco pub “Merlins”. Once I went there too, and another time we went to another disco pub. Both times there were just us girls.

Additionally: Meredith and I did not celebrate Halloween together, in that I, that evening, was at the “Le Chic” pub, but not for work, but I know she went to “Merlins” with her English friends and without Giacomo, as she told me herself just yesterday. She told me that she had a lot of fun. She did not tell me about any new acquaintances made that evening. From what I know she always went out with the same friends, including me, or with Giacomo and his friends. She usually did not go out alone in the evening.

Additionally: I can describe Meredith as a girl of 21 years or age, of English nationality, about 1.70cm (5’7’’) tall, thin build, olive complexion, black hair smooth and long, brown eyes. I don’t think she had any particular marks such as tattoos or other marks on her body. The last time I saw her, she was wearing white jeans and a short, light, pale-colored jacket.

Written, read, confirmed, signed

The declarer The verbalizers

Amanda Knox (signed) (Signed, three signatures)


5. Signed Record Of Sollecito Statement 2 November

QUESTURA DI PERUGIA
Anti-crime Police Division
Flying Squad
Section 5 Anti-drug treatment
SUBJECT: Minute of summary testimonial information provided by:
SOLLECITO Raffaele, born in Bari on 26.03.1984 residing in Giovinazzo (BA) in via Solferino nr. 4, domiciled in Perugia in C.so Garibaldi nr. 110, identified by means of C.I. nr. AJ1946390 Issued by the Municipality of Giovinazzo (BA) on 22.07.2004 Tel.340 / 3574303.

The year 2007, of the month of November, the day 02 at 15.45, in the offices of the
Flying Squad of the Perugia Police Headquarters.

Before us, undersigned Officers and Agents of P.G. Sost. Commissioner ROSCIOLI Roberto and Ass. ROSSI Romano, belonging to the Office. In the indicated inscription, the person indicated is the subject who heard about the finding of a dead English girl inside a flat located in Perugia in via della Pergola no. 7 who declares the following:

I state that I am a university student, enrolled in the first year of the Mathematics-Physics-Natural Sciences Department, at the Computer Science course at the University of Perugia. I am enrolled at the aforementioned university since 2003, also for about a year between 2005 and 2006 I attended the same course in Germany, through the Erasmus project. From October 2006 I returned to Perugia and for the study periods I live alone in a studio located in Perugia in Corso Garibaldi No. 10.

About a week and a half ago, I met my current girl of American nationality, KNOX Amanda, who is also a student, enrolled at the local University of Foreigners. My girlfriend lives together with three other students in an apartment located in Perugia in via della Pergola No. 7. Visting there, I have met the other three roommates, Filomena of Italian nationality, Laura also Italian with residence in Viterbo, and Meredith of English nationality with residence in London.

Since Amanda and I met, she usually spends the night at my house, same as it happened yesterday night and the previous one.

Yesterday morning, my girlfriend and I woke up around 10.30; I stayed to sleep while Amanda went to her home with the agreement that we would be seing each other in the early afternoon of the same day. Around 2:00 pm I went to Amanda’s house to have lunch with her and once I got there, I also found Meredith in the house who had already eaten. After eating lunch, I stayed at home talking to both my girlfriend and Meredith, who in the meantime was preparing to leave.

At about 4:00 pm, Meredith left without saying where she was going, while we stayed home until about 5.30 pm. After that hour, Amanda and I took a little trip to the town center and then went to my house where we stayed until this morning.

This morning around 10.00, we woke up and as on other occasions, Amanda returned home to take a shower and change, with the intention of returning later to my house.

At about 11:30 am, Amanda returned to my house and while we were having breakfast, she told me worriedly that in the house where she lives she had found the door open, and in the bathroom used by her and Meredith Amanda had noticed traces of blood both on the sink and in the mat below. Furthermore, Meredith’s room was locked.

Concerned about the situation, because it was not clear why the front door had remained open, Amanda went downstairs and knocked on the door of some Italian students who live under her to ask for help, but with negative outcome because nobody answered. I want to clarify that among the guys of the apartment above, there is a Giacomo, a person unknown to me, who Amanda says would hang out with Meredith. Not receiving resposess, Amanda, before returning to my house, locked the door and after arriving at my home told me the story

She asked me to take her home to find out what had happened. Once on the spot, Amanda opened the door, which has a defect in the lock, both from the outside and from the inside, which opens only with the keys because the handle does not work. Without the keys, it can not close even you pull it outward.

Once inside, we walked around the house and immediately Amanda noticed that in the other bathroom, the one used by the two Italian girls, when she left the house, there were faeces in the toilet while when we entered the toilet it was clean. In addition, the room in use by Filomena had the door wide open, was untidy and had the window completely open with the glass of the left pane broken in the lower part. Seeing this, Amanda told me that she had not previously seen this as the door to the aforementioned room was blocking the view of what was inside.

At this point, I went into the bathroom in use both by Amanda and Meredith. Here I too noticed the traces of blood on both the sink and the mat. Assuming something had happened, I was asking Amanda to call her roommate friends, but after several attempts she could only get in touch with Filomena, who told her that she was at her boyfriend’s house and that she would be returning immediately.

At this point Amanda called Meredith several times, and knocked on the door, but without any reply. Given the situation, I looked out of the various windows of the house in order to see where the window of Meredith’s room was, but being situated at the end of the apartment it was difficult to access from the outside, I decided to try to open the door by kicking it and pushing it at the height of the lock, but without succeeding because I only caused cracks in the wall and in the door.

Not succeeding in the intent, I tried to look through the keyhole which was missing the key and from there I could only see a brown woman’s bag that was on the bed, and on the left side probably an open cupboard door.

At this point I asked for advice from my sister, who serves as a Lieutenant of the Carabinieri in Rome, who advised me to call 112 directly. The local 112 when asked by me said that he would send a radio car. While waiting for the Carabinieri, I saw plainclothes police arrive who identified themselves officers of the Polizia Postale, who were looking for Filomena and Meredith because they had found the two cell phones of the latter.

To them, both Amanda and I told the story described above, and because of this the agents, given the situation, broke through the door of the room of Meredith thus ascertaining the tragic event. Seeing their faces I stayed on the sidelines and I did not look at what was inside. Present at the time of the breakthrough of the door, in addition to us and the police, there was also Filomena and her boyfriend who had arrived in the meantime and had reported not knowing where Meredith was.

Later a patrol squad of the Carabinieri also arrived. Being more precise, Amanda, when she told me that she went to ask for help from the boys who live below her apartment, found the doors closed but the gate in front of those doors was open.

I have nothing else to add.
Done, read, confirmed and signed.
Raffaele Sollecito


Tuesday, August 30, 2016

Florence Courts Resent Mangling Of RS/AK Appeal By Cassation Now Have Ominous Ways To Re-Visit

Posted by Peter Quennell



Highrise Florence courts are just visible at left background


The Marasca/Bruno verdict setting RS and AK free has taken some hard knocks within the Italian legal community.

It is not lost on anyone that Sollecito defense lawyer Bongiorno was given special favors, including being allowed to argue unchallenged before the Fifth Chambers for some hours beyond the legal limit.

Or that the Fifth Chambers should never ever have received the appeal.

Or that the drafter, Bruno, was suffering seriously ill health at the time, and delivered a report which is largely legal nonsense.

Here Machiavelli and Catnip and most exhaustively James Raper explained many of Marasca’s and Bruno’s absurdities.

But the Florence courts are not done yet. They are still processing cases involving Knox, Sollecito, Sfarzo (a stage name, real name Sforza) and Aviello. They still sit on this potential bombshell of a case against Sollecito lawyer Maori, which explains how the Fifth Chambers acted illegally.

Other cases are also possible, and two involving Knox are still continuing in Bergamo.

Now Rudy Guede’s team of lawyers in Rome and Viterbo prison have filed an appeal against his own conviction. It is filed with the courts in Florence.

The team notes that judgments against Guede up to and including the Supreme Court’s First Chambers concluded that he had acted against Meredith only in collusion with others and not in isolation.

This could reopen the Marasca/Bruno outcome which argued that he DID act alone or at least not with RS and AK though there is massive evidence to the contrary. That judgment while final in the normal course of things cannot stand under Italian law if illegalities were entered into.

With more and more documentation being read widely, the case against Knox and Sollecito acting in collusion with Guede is coming to look as strong as it did throughout their trial in 2009.

That is the quite possible Florence outcome.

It is one that Guede might accept fairly calmly, as his fury at Sollecito is quite palpable, and he wants nothing more than to nail his fellow attacker.


Tuesday, April 12, 2016

Endemic Hints By RS That He WAS One Of The Real Killers Pretty Blatant In Italy #2

Posted by Guermantes



Popular TV and newsprint presence Selvaggia Lucarelli one of more prominent anti-RS

The humorless and un-self-aware RS and AK really play into skeptical Italian commentators’ hands.

Almost everything Sollecito says and does now is put under the microscope. He seems to sort of get that he becomes the butt of a lot of often-subtle jokes. His ticked-off reactions only make things worse.

This is my translation of a second column by Selvaggia Lucarelli the popular TV and newsprint presence. This was our first.

April 5, 2016

Raffaele Sollecito becomes crime commentator on TV with TgCom24. Next stop – knife sharpener?

By Selvaggia Lucarelli

A year ago, the Court of Cassation definitively acquitted Raffaele Sollecito (and Amanda Knox). Evidentiary framework that would confirm their guilt beyond reasonable doubt was lacking. Now Raffaele Sollecito is a free man and has an inviolable right to do what he wants. He could be a singer, an insurance agent, a tailor, a blacksmith, a web designer, or a pizza maker.

And yet, all of his amazing attempts to kick off a second life are clues and evidence (which is rather damning) not to be guilty of murder “beyond reasonable doubt”, but to be guilty of bad taste, inelegance, missed opportunities and unintelligence beyond reasonable doubt. Beyond any doubt or hesitation at all. Beyond any uncertainty.

On this matter, the evidence is rather overwhelming and reliable. And no, I’m not part of that forcaioli (pitchfork, gallows) lobby Sollecito often likes to quote. I am part of that large group of people who witness his awkward and incoherent attempts at liberation / redemption and wonder if there is no one sensible next to him to suggest that he chooses a career a few fields away from the dead people / murder victims.

Because there would be other things to do if he wished so, yet the dear Raffaele, for now, of all the brilliant ideas about his future career has given birth to two: the first was that of an app (funded by the Puglia region with 66,000 Euro) to arrange funerals, share photos of the dead with others and, as is written in the introduction to his website, “to eliminate, through the services of the app, the distance between you and the person you want to commemorate.”

I mean, if really, thanks to Sollecito, there exists a way to keep in touch with the dead, we hope that Meredith’s mother downloads the app as soon as possible and chats with her daughter to ask who had murdered her, together with Rudi Guedè, seeing as he was convicted of murder in complicity with someone, but that someone has never been identified.

However, the Sollecito app, for which he won a grant (the Puglia region realized that the idea of funerals 2.0 was likely to slide into second place in the ranking of the top apps in the world after Whatsapp), must not have had the desired effect because Raffaele has decided to take a second road.

The news is just a few days old: Sollecito is now a TV crime expert in the Mediaset’s program “This Week’s Mystery” where he discusses amiably the most famous murder victims.

Of course, it should be recognized that in a world of improvised TV experts, it could not be said that the young man did not chew on his arguments, so all in all we appreciate his choice of Mediaset to work towards competence. It is the issue of good taste that continues to leave us vaguely incredulous, so much so that TgCom24 announced Sollecito’s debut on April 1, and virtually no one paid attention to the news believing that it was yet another surreal April Fools’ joke.

After three days and the airing of the program everyone had to believe the unbelievable and the news yesterday was revived by all. The moral of the story: Sollecito, commentator on TV in a broadcast on murder victims, in the history of all the April Fools’ jokes from the Cretaceous to the present, is not, alas, a false story mistaken for true, but the first real news mistaken for false.

I wonder now what will be his next steps in the world of work: maybe it would be a nice idea to open a guest house for students. Or become a sharpener of knives. Or open a real estate agency in Perugia. What is certain is that in the wake of this macabre narcissism anything is possible.

And yes, of course, that is the basic premise. The certainty that Raffaele Sollecito can do whatever the hell he wants. It is also true, however, a healthy person judged innocent by a court while half of Italy is still convinced he’s guilty would instead seek media oblivion.

And if not oblivion, at least a career a few fields away from the smell of death, the suspicion that death carries with it, the face of a little girl named Meredith who was killed like a dog. Not Raffaele, he does not intend to sever that bond (with the dead) but, on the contrary, seems to want to ride on with uncanny persistence.

Too bad. It took eight years to prove his innocence, it would take five minutes to prove his intelligence. Maybe opening a kiosk outside the stadium or an architectural bureau in Barletta, instead of going on TV to argue with Bruzzone who knows most about killings, would be a better idea. Meredith’s parents would appreciate this, I’m sure.

Posted on 04/12/16 at 04:08 AM by GuermantesClick here & then top left for all my posts;
Right-column links: Defendants in courtRaff SollecitoHoaxes Sollecito etc25 RS persona hoax27 Single alibi hoax28 Not at house hoax
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Tuesday, February 16, 2016

Sollecito v Italy & Guede: Damning Incriminations Guede’s Team Says RS Will Be Stuck With

Posted by The TJMK Main Posters



“Huh???” Sollecito in one of numerous interviews, usually falling short of convincing everyone

Post Overview

Guede’s team in Rome and Viterbo have a number of cards up their sleeves against Sollecito.

Sollecito and his father and legal team have apparently filed some damages lawsuit in Florence for compensation from the Republic of Italy.

His intention seems also to be to sue Rudy Guede, for defamation. In the RAI interview Guede did pretty solidly place him at the scene of the crime.

This post and later others will suggest what Sollecito could see thrown back at him. We’ve already pointed out that previous legal threats and court filings went nowhere. We may of course see that not happen here also.

This is a pre-emptive rebuttal published by the pro-bono team working for Rudy Guede at Viterbo Prison. (He also has a pro-bono legal team in Rome now.) They are responding to an attempt by Sollecito to put his case to bed in the weekly Oggi.

As with Guede’s interview this includes claims that are very self-serving. But it does also highlight the kinds of problems Sollecito faces.

It is kindly translated and submitted by Guermantes, one of our friends at PMF dot Net. Guermantes in part used Catnip’s new translation of the Micheli Report explaining Guede’s original verdict.

First Shot From Guede Team

February 5, 2016

The Centre for Criminological Studies of Viterbo responds - on behalf of Rudy Guede - to Sollecito’s assertions made in the Oggi article of January 26, 2016:

Raffaele Sollecito responds to Rudy Guede: “How many lies in the interview with Leosini”

Raffaele Sollecito “challenges” Rudy Guede on stories told by the Ivorian on TV

OGGI, analyzing word for word the interview with the Ivorian, imprisoned for the murder of Meredith Kercher, has identified at least eight omissions and blatant lies aired without being corrected. Among these, the appointment with the girl, the denial of having performed thefts, the use of hard drugs, the content of the judgment of the Supreme Court regarding the placement of Sollecito and Knox in the murder house.

The story of Rudy Guede still stands up though. Here is why …

Viterbo - Received and published – We learned of Raffaele Sollecito’s indignation, who, in an article published by a well-known weekly (Oggi, ed), complains about the inappropriateness of the broadcast of the ‘Cursed Stories’ program, in addition to the way it was recorded and run without contradiction[uncontested].

On this point, it is hardly necessary to recall that Raffaele Sollecito had been the guest on a large number of programs such as Porta a Porta, La vita in diretta, Domenica In, Piazza Italia (Rai programs, public television), Quarto Grado, Pomeriggio 5, Matrix (Mediaset), Otto e Mezzo (La7). All this - before, during and after the trials / verdicts that concerned him.

In the article just published, he notes, however, that comments and observations about current events should be offered before the verdicts and not after. Otherwise we would be “in the presence of a surreal fourth degree of judgment.”

We respect this opinion but we would also like to add that another school of thought argues that trials should be conducted in courtrooms and not on the pages of newspapers or in television studios. And Rudy Guede has waited eight years until the end of all sets of proceedings (including those relating to Raffaele Sollecito and Amanda Knox) before expressing his opinion.

Among other things, during a single television broadcast and not on the talk show circuit of national broadcasters. A choice, of Rudy, which should be respected. Because it is broadly related to the principles and values that characterize the Italian legal system.

Then, shifting the focus to the set-up of the program “without contradiction” [counter-arguments], it is necessary to point out at the outset that, in all those years of “Cursed Stories” programming, no one has ever complained about this mode. Moreover, Raffaele Sollecito himself was also the only guest “without contradiction.” Beginning with Porta a Porta of Bruno Vespa and ending with Otto e Mezzo of Lilly Gruber.

The [Oggi} article summarizes in eight points the alleged lies by Rudy quoting in some cases (not all) excerpts from transcripts or judgments about the case of Perugia. We try to respond to each of them, expressing the views of Rudy.

Point #1

Rudy had no appointment with Meredith? It may be! But speaking of appointments, the Court of first instance expressed itself by saying that “it is normal for twenty-somethings in a university town to meet up in the usual places without having to first set up a notary’s deed. “ [Par. 206.50] (page 93, Sentence of the First Degree Rudy Guede). This statement may also be taken into account even in the case of objection to Rudy’s words as having no value?

Still on point 1, credence is given to a few statements by Mr. Barrow, without saying, however, that the same had not only debunked at the hearing all his previous claims, but had also been in conflict with Rudy as regards girls. Moreover, the testimony of Mr. Barrow was interrupted by “the emergence of criminal behavior regarding monetary negotiations with a television news organization” (p.52). So much so that the witness was deemed unreliable.

Source: The Micheli Report

[194] Mr BARROW, already interviewed by the Public Prosecutor on the 11th of December 2007, which is to say a few days after Mr GEUDE’s return from Germany, had declared to knowing Mr GUEDE for some years, having often played basketball. On that occasion, though, he specified not moving in the same circles as him, due to RUDY being a habitual liar, drinking and using drugs, not to mention annoying the girls by molesting them in public and trying to kiss them.

[195] As for Ms KERCHER, who he described as shy and reserved, Mr BARROW had said he knew her from their shared visiting of the night clubs in the town centre, and in fact he had seen her on Halloween at the Domus, where – he says – RUDY definitely wasn’t; nor did it appear to him that the accused knew MEREDITH, and according to him it was not in fact true that he had spoken to her or had met her.

[196] In court, Mr BARROW restructured his grounds, saying for example that Mr GUEDE used to drink but a bit like how all the other young men were doing it, even if he had often seen him drunk; he instead denied being certain about any drug use on the part of RUDY, about whom he had mentioned it only for having heard gossip.

And also as regards the molestations, he corrected the gist of what he’d said in remembering only once when the detainee had struck up a conversation with a girl, without knowing that she was actually Mr BARROW’s girlfriend, and a squabble arose: on other occasions, he had seen him pull a girl towards himself while they were talking, although describing it as a gesture common to many others of the same age.

[197] On RUDY’s lies, the witness limited himself to saying that one time Mr GUEDE had been accused of having robbed something in a discotheque from a girl’s purse [translator’s note: handbag in BrE], the accused had immediately denied it, but then it had come out on the grapevine that it certainly had been him; on the presumed certainty that Mr GUEDE had not been at the “Domus” on the evening of the 31st of October, finally saying (and in effect he could not have said otherwise, ab initio) that he had not seen him, without being able to rule out that he really was there.

[198] The testimony, which in practice had not led to anything of significance being acquired, was then interrupted by the emergence of the outlines of an offence by Mr BARROW, concerning negotiations of a monetary nature with a leading television journalist, in whose regard he had presented a claim of trespass (when in reality he had invited those reporters in asking them for money for an interview), and it turned out he had then put forth a further request for money to settle things back to normal.

Point # 2

Rudy is a serial thief? The article in question contains two sentences that actually relate to the same incident five days before the tragedy, namely his entering an asylum in Milan. A reprehensible episode. So much so that Rudy has earned a related conviction for it (i.e. for possession of stolen goods.). However, beyond this, there is not a single record of another conviction, nor the presence of a complaint concerning other items mentioned in the article. Not only that, but the same Sentence of First Instance refers on page 101 to the absence of a “previous criminal record”, Rudy not having been tried yet for the Milan incident.

[Par. 44]”…on 27 October 2007 (ergo, just five days before the murder) he had been identified in the Milan jurisdiction and had been charged without arrest [a piede libero] for theft, receipt of stolen goods, holding and carrying arms.

Point # 3

Rudy had left genetic traces in Meredith’s purse? In the trial papers we have not read even one time that Rudy’s genetic material was found inside her purse; if anything, only on the outside. And the difference is not trivial. In fact, finding his trace on the outside of the purse would allow to assume / hypothesize a simple movement of the object in question, while claim to have isolated Rudy’s DNA inside it would mean that the boy might have really went through it, the latter circumstance, which did not result in any conviction, was not confirmed because not supported by any element.

It is therefore in itself horrible and defamatory, the expression used in the [Oggi] article: “While Meredith was bleeding to death” Rudy “rummaged” [in her purse,] Also cell phones and anything else missing from Meredith’s bag were found elsewhere, without any fingerprints or traces of Rudy.

As far as first aid provided by Rudy to Meredith, his efforts were described even by judges who – still on p.101 of the Sentence of First Instance – conclude: “not being able to explain otherwise the presence near the body of three towels.”

Point # 4

flight into disco. As unspeakable as this behavior is, it is hardly necessary to mention that as regards Raffaele Sollecito and Amanda Knox, the Court of Appeal judges commented that there were “numerous and varied ways of how human beings react,  faced with tragic situations” (taken from the Supreme Court with reference on page 17). Why should the same not apply to Rudy?

Point # 5

Rudy is a liar and he used cocaine? It is true that during the indictments are read expressions like the ones shown in quotation marks in the [Oggi] article, but in many circumstances the same assertions are revisited and subsequently confirmed by the judgments. Moreover, even as regards Raffaele Sollecito and Amanda Knox, it states that “the two have given versions not supported by objective evidence and not credible”.

Among other things, it is certainly not the case of measuring the credibility of all the defendants relying on the seriousness of the lies told; otherwise it would be appropriate to recall that Amanda Knox put at the scene of the crime an innocent, namely Lumumba, who only through an iron-clad alibi managed to get out of it.

[Par. 260.77] “It must finally be taken into account, still on the level of serious indicia of guilt and however arguing a contrario, that the two accused have given implausible versions [of alibis] or not substantiated by objective corroboration.

[Par. 260.78] “The circumstance of the missing memory or of the state of confusion, perhaps invoked with (convenient) reference to suggestive pressures on the one hand, or cloudiness of mind through use of stupefactants on the other hand, does not have concrete merit.

Point # 6

On this point Rudy says nothing special, so we do not understand just where the challenge is to what he said during the TV program.

Point # 7

The presence of Amanda and Raffaele at the crime scene. It turns out that during transmission Rudy have never claimed to have recognized the person he encountered that evening in via della Pergola. So we don’t understand the complaints about the alleged presence in that house.

It should be noted that in the Supreme Court ruling that absolves Sollecito and Knox is stated (p. 44) that “the hypothesized presence of the current appellants cannot in itself be considered as a demonstrative element of guilt.”

Why cannot the same reflection be taken into account for Rudy? Because the latter would leave traces “everywhere”? Rudy was there and admitted to having been there.

It should however be pointed out that this alleged abundance of traces must be scaled down seeing that on page 97 of the Sentence of First Instance it states that “the quantity of biological material referable to the accused could have been categorized, in effect, as minimal” [Par. 201], “ultimately nothing suggests that there was Rudy’s biological material in great abundance.”

[Par. 201] ”… with the conclusion that the biological material of Ms KERCHER was abundant, and Mr GUEDE’s, in proportion, was quite small.”

[Par. 9.3 on p.41 of the English translation (“pre-final”) of the Bruno/Marasca Report]:  “…the supposed presence in the house of the current appellants cannot, in itself be considered as a demonstrative element of guilt.”

Point # 8

In the last point it is reported that the substantial reasons for the denial of permission to obtain benefits requested by Rudy is to be attributed to the “lack of critical review of what has happened. He has not showed any remorse or repentance”.

First, if you intend to bring back quotation marks, it would be appropriate to bring it [the quote] back as it was actually written. And that is: “…found that the applicant has committed serious crimes in respect of which he does not recognize his responsibilities.”

Why would he recognize [his responsibilities] if he claims to be innocent to the point of wanting to request a review of the process? Is it not his right? Or the rights that characterize the Italian legal system do not apply to Rudy?

If he really is a liar, he takes the consequences and responsibilities. But ultimately, in this dramatic story, it seems that it is widely assumed. Maybe - and we stress, maybe - far beyond his faults.


Tuesday, February 09, 2016

Endemic Hints By RS That He WAS One Of The Real Killers Pretty Blatant In Italy #1

Posted by Peter Quennell



TV commentator Selvaggia Lucarelli voices what numerous Italians think


“Social Network For Dead People Launched In Italy By Amanda Knox’s Ex-Boyfriend”

We didnt make that headline up. Really. Sollecito’s gruesome venture is described here.

Called Memories, the business will provide a wide range of “graveyard” services, including lightning candles for the deceased, laying wreaths and flowers at graves, and even tombstone cleaning. Once a service is completed, the client’s profile will be updated with a high-resolution photo showing the work done. The prices start at €45 (50 dollars).

The project received a €66,000 grant (nearly $74,000) from Apulia’s regional authorities. Some extra expenses were covered by Sollecito and his family, The Local reported.

According to Sollecite, the idea came to him after his mother died in 2005. The grieving young man thought it would be a convenient way to look after her grave. “I wanted a way to make remembering her easier,” he explained.

Selvaggia Lucarelli is an influential blogger and a sharp and often very funny guest commentator on many TV shows in Italy.  Like many in Italy, she doesnt just want to hold her nose and give the death-fixated fruitcake a free pass.

This time Sollecito ends up in the clutches of a journalist known for her controversy and sharp tone.

It seems that Lucarelli did not welcome the new start-up by the engineer from Puglia.

“See, Raffaele Sollecito, this thing to create a portal for funerals may seem clever but but is really macabre and in addition paints you for who you are (disrespectful and unintelligent) and casts an even more disturbing shadow over you - a healthy person judged innocent by a court while half of Italy is still convinced he’s guilty would instead seek media oblivion.

And if not oblivion, at least a career a few fields away from the smell of death, the suspicion that death carries with it, the face of a little girl named Meredith who was killed like a dog.

But there is obviously a sadistic pleasure in you wanting to see yourself still, with your hair slicked back and a funereal expression, on the front pages of newspapers associated with the word “death” and social networks associated with predictable jokes on the name Meredith.

Meredith needs to be remembered and respected in the silence of your home, not on a portal through which you try to make your wallet fat - you know that wont happen - and boost your macabre popularity.


Thursday, February 04, 2016

Subtitled In English, Videos Of All Of The RAI Rudy Guede Interview Start Here

Posted by Eric Paroissien

The scene-changing Rudy Guede interview on the government owned Italian network RAI, with subtitles throughout.

Please tell us of technical problems? At the end of each video there SHOULD be a link to the next.

If they dont show up, here are all the direct links.  One and Two and Three and Four and Five and Six and Seven and Eight and Nine and Ten and Eleven. That’s it.


Thursday, December 10, 2015

Traitor? How Sollecito Extensively Smeared Italy In English But Of Course Not Italian

Posted by The TJMK Main Posters




1. Overview Of “Sollecito As Traitor” Series

By way for example of his new Italian book, Sollecito is trying hard to make himself liked in Italy.

An uphill task at best. Most Italians, who could follow the case a lot closer than most people outside Italy, know about all of this.

    (1) At his central-police-station interview 5-6 November 2007 and his first Matteini hearing two days later he dumped very heavily on Knox.

    (2) Throughout trial he gave Knox no help with her current alibi (that she was at his place all night) and again and again pulled out the rug from under her.

    (3) After the Hellmann outcome late 2011 Sollecito took off like a rabbit for the US (with his family soon in hot pursuit) and after Knox stiffed him tried very hard to get someone - anyone - to marry him so he could stay.

    (4) Before the Nencini verdict came out in early 2014, a panicked Sollecito took off to the north in a car and got cold feet (or was warned to stop) at the Austrian border and ignominiously came back.

    (5) Before the Fifth Chambers verdict came out in early 2015 a panicked Sollecito took off for Bari rather than remaining at the Supreme Court to find out what the verdict would be.

    What Italians mostly dont know is this. In late 2013 Sollecito’s first book - only in English - came out, and he was soon all over American TV once again sticking it to Knox.

    In the book his self-serving strategy was threefold: (1) Despite the title, point hard to Knox; (2) Point harder to Dr Mignini and the supposedly bungling, mean police; and (3) Point hardest to the official mechanisms, by lying on a grand scale, to make them out to be brutal and highly archaic at best.

    This series will lay out how Sollecito, lying and lying from what he thought would be a safe distance across the Atlantic, tried hard to make Italy look bad in the eyes of the world.

    A lot of posters contributed to the analysis of Sollecito’s 2012 English-language book on which much of the series will be based. Thanks especially to Sara, Kermit, Cardiol MD, and James Raper, who did the most work. 

    1. Sollecito’s First 20 False Claims

    We first posted a version of this analysis in May 2014. These twenty examples of felony claims all appear in the book’s preface which is only seven pages.

    Such claims continue throughout the book at approximately the same rate and they will be examined in future posts. 

    1. That Italian justice authorities took the easy way out

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

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

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

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

    2. That the preventive custody was very harsh

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

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

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

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

    3. That the prosecution and Italian media demonized the pair

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    And how many burglars break into an occupied home between 8:00pm and 9:00pm at night? Approximately none. So much for the spurious lone-wolf theory, which Judge Micheli first ruled out even before trial.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    17. That the Italian judiciary has vast, unfettered powers

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     


    Tuesday, May 05, 2015

    A Shaky Castle Of Cards At Best: The Long-Term Fight For Legitimacy #2

    Posted by The TJMK Main Posters



    RS and AK in New York a while back, the last time that they actually met


    Gloom and doom have been dissipating for over a month now in Italy among those most invested in a just outcome, for the reasons given in this immediate-post-verdict post.

    Note that the defense camps really want and need that legitimacy. They know the perverse judgment is not the end of the road. They have clamped down hard on what RS and AK can say.

    In the Italian legal community the Fifth Chambers are getting some scathing commentary for their strange law and dismissiveness of the facts of the case which Cardiol in the post below this one once again underlined.

    The Fifth Chambers’ sentencing report should be red meat, very tough for the hapless judges to write and a target from Day One and, under a new law in Italy which already overturned several Cassation verdicts, a very likely candidate for a legal suit.

    The two book trials should slowly strip the emperors bare (remember those books are still very unread, even by many who read this site, and neither are in Italian yet), and could cost Knox more time inside and both of them fines and civil suits.

    The psychologist SeekingUnderstanding has posted several times on how untreated troubled psychology rarely simply gets better with time. RS’s startling new crack at AK shows he has no inner calm, Knox’s delay in wedding plans and her incessant anger and vagueness maybe too.

    Neither seem to have the big bucks they will need for their legal teams going forward, or the promise of successful careers. Sollecito still hasnt worked a day in his life and his preferred software area never sees successful entrants at his age. Knox’s only known area of interest - paid writing - is a fast-shrinking field.

    Several tough books are already in the works. And the media loves conspiracy theories and hoaxes, and as all the real conspiracies and hoaxes have been on the defenses’ side, trends will also be against RS and AK there.

    The only safe bets are that there will be various surprise happenings in the next six months - and that we’d rather be in our camp than in theirs.


    Friday, April 10, 2015

    Those Pesky Certainties Cassation’s Fifth Chambers May Or May Not Convincingly Contend With #1

    Posted by Cardiol MD



    The Italian Supreme Court is in the background

    1. How Overload Can Overwhelm The Checks And Balances

    The Italian Supreme Court (SCC) has 396 Judges in Rome and elsewhere.

    Because of the enormous pro-defendant tilt in the system, the SCC hears about 80,000 appeals a year - more than all other Supreme Courts in the rest of Europe combined.

    The SCC operates in panels, typically of 5 justices; that scales to about 4 appeals/panel/workweek, or about 1 appeal/panel/workday. A huge workload impinging on carefulness and promoting distraction and exhaustion.

    Even with a law-clerk infrastructure, and the most ingenious exploitation of human concentrated-attention-span, highly questionable outcomes such as that for Meredith’s case would seem inevitable.

    The four SCC judges panels (2008, 2010, 2013, 2015) which have ruled on various issues arising as Meredith’s murder case inched its way through the Italian legal system have been composed of different judge-combinations, with different skills, different knowledge, different education, and different experiences.

    In many cases high-tech issues are an integral part of the evidence before the courts. This requires the enlistment of expert opinions because the judges may not be versant in the relevant high-tech issues. All sides, the defence, the prosecution, other interested parties, and even the judges, can cherry-pick experts for hire, who often use brazen sophistry to persuade the judges in the experts’ favour.

    These facts may help to explain if not justify the unexpected conclusion of this current SCC judges panel which is now drafting the Motivazione.

    2. Circumstantial Evidence And The Italian Requirement For Certainty

    Near the start of the 2015 SCC hearings Judge Bruno, one of the 5 members of the Marasca SCC-Panel, was quoted as having said that the trials had “not many certainties beyond the girl’s death and one definitely convicted.”

    As we await this particular Motivazione intended to explain its decision, we will review the Massei Motivazione, the Nencini Motivazione, and the several past SCC rulings to establish what do constitute the certainties - of which in fact as Italian law defines them there is actually a large number.

    In order to be classified as Circumstantial Evidence in Italian Law an evidentiary circumstance or fact must be true to the level of being a certainty. Note that this rule does not supersede BARD, it applies only to the the acceptance of individual items of evidence as circumstantial, so it can mislead and confuse authors and readers.

    As will be noted below, under this Italian requirement the unverifiable RS/AK broken water-pipe story can not be classified as pro-defense Circumstantial Evidence. Therefore it cannot legally be argued as corroboration of the excuses of Knox & Sollecito, including their mop claims.

    Sollecito’s father, Dr. Francesco Sollecito, did say that RS had mentioned the alleged-leak of Nov. 1st, 2007, in the father’s 221 seconds, 20:42:56 call of Nov.1st, 2007.  Hellmann/Zanetti bought into this story, discussing it in their Motivazione.

    AK is quoted by Nencini as referring to the alleged-leak in her testimony, but neither Galati nor the 2013 Hellmann/Zanetti-annulling SCC panel mentioned the alleged-leak. All seemed aware that there was no certainty.

    3. An Explanation Of Why This Will Matter So Much In Future

    In 2013 the SCC itself annulled most of the Hellmann-Zanetti verdict in part because there was an obvious parceling-out of the pieces of circumstantial evidence and a lack of assessment of each piece of circumstantial evidence. Hellmann-Zanetti had failed to check whether the possible flaws and lacks in the logical value of each single piece of evidence could be resolved by cross-checking them and taking in account the whole.

    Have the SCC judges themselves now made this same mistake? It is especially at this level that informed legal analysis in Italy of the pending SCC Motivazione will concentrate, future books on the case will concentrate, and the final degree of legitimacy will be established.

    Given the peculiarity that the case was not referred back down to Florence for adjustment, worries at this level especially could be driving the very obvious nervousness of all of the defense counsels, shushing and restraining their clients in the presumed hope that the SCC judges really can square the circle and achieve legitimacy.

    4. Certainties And Certainly-Nots In The Circumstantial Evidence

    1. Fracture Of Hyoid Bone?

    The SCC-Panel for Guede’s Sentencing (English Translation) wrote on Pages 4-5:

    c) The body presented a very large number of bruising and superficial wounds – around 43 counting those caused by her falling – some due to a pointed and cutting weapon, others to strong pressure: on the limbs, the mouth, the nose, the left cheek, and some superficial grazing on the lower neck, a wound on the left hand, several superficial knife wounds or defence wounds on the palm and thumb of the right hand, bruises on the right elbow and forearm, ecchymosis on the lower limbs, on the front and inside of the left thigh, on the middle part of the right leg, and a deep knife wound which completely cut through the upper right thyroid artery fracturing the hyoid bone, a wound which caused a great deal of bleeding from the vessels of both lungs.

    This caused a haemorrhagic shock and asphyxiation by the presence of blood in the respiratory passages, an exitus [decease] placed at around 23:00 of Nov. 1 by the forensic pathologist.

    The emphases are mine. The knife cut through the hyoid bone rather than fractured it (in the English version it should say that it severed the hyoid bone; this is a translation issue). A Certainly-Not then.

    The wound certainly did not cause any bleeding at all from the vessels of either lung; this is not a translation issue. This is a factual error in the original Italian Sentencing Report. A Certainly-Not then.

    (This shows how the SCC-Panel Reports are not infallible. Unfortunately the Marasca Panel will have to dredge-up some past, fallible SCC-Panel Reports in order to explain its own reasoning.)

    2. Two Knives?

    Massei Translation p377: “There must necessarily have been [405] two knives at the scene of the crime.”

    Certainly! There were 2 major, penetrating knife-wounds into Meredith’s neck; one entering on the left-side, and one entering on the right-side, which was made by a pocket-knife of the size Sollecito customarily carried. The latter wound could not have been made by whatever knife entered on the left-side. Therefore 2 knives were Certainly used.

    3. Single Blow?

    Massei Translation p 371 ”…a single blow was apparently halted by the jawbone…”

    Certainly Not.

    The statement that a blow could be “apparently halted” by Meredith’s jawbone is at best a figure of speech, and the quotes of Prof Cingolani on page 152 of the Massei Translation clearly indicate that any cause and effect inference from the phrase “apparently halted”, “did not…. have elements of certainty to establish” it was “stopped by the jawbone.” Prof Cingolani “did not, however, have elements of certainty to establish that the blade which had caused the wound 4 centimetres deep had stopped at the said depth because [it was] stopped by the jawbone.”

    Maybe there is a Judicial, translational, or typographical glitch and “by” the jawbone should have been “near” the jawbone. Skin is soft and bone is harder but there is no way that the knife striking the jawbone or hyoid bone would halt the knife in this case, they would just roll with the blow, depending on the angle of attack.

    Furthermore, contact between the knife and jawbone or hyoid bone would not mark the knife because living-bone is softer than the knife. When your pet gnaws on a non-living cow-bone, neither the bone nor your pet’s teeth can bend; both your pet’s teeth and the bone can be broken, and the bone gets scratches on it because it is still softer than the teeth, but your pet’s teeth do not get scratches on them, because they are harder even than the non-living bone.

    If someone is stabbed in the back with a kitchen carving knife, penetrating ribs on its way to the heart, the knife may have no scratches at all, nor show any signs of damage caused by that action. Any implication in the statement quoted above that stabbing Meredith’s neck with enough force to penetrate the layers of her neck and then strike bone would have the effect of signs of damage to the knife-blade, is a mistaken implication.

    It is an old rule of materials-physics that a softer substance cannot mark a harder substance. [To some people this may be counter to their intuition, so I have passed it by an eminent MIT physicist, and he agrees with me that the knife blade would certainly not show signs of damage caused by the stabbing in this case.]

    4. SMS Message?

    It is Certain that at 20:18:12 on Nov.1st, 2007 Amanda Knox’s mobile-phone received the SMS sent to her by Patrick Lumumba, which let her off from having to go to work at the ‚Le Chic? pub on the evening of 1 November.

    Remember that mobile-phones are equivalent to convicts’ ankle-monitor bracelets, their use creates with Certainty a record of the Times of cell-phone activities, the Location of the corresponding transmitter-cell, and hence the general location of the mobile-phone, especially Ruling-Out particular Locations e.g. Proving whether the carrier of the phone was in or out of the range of their home transmitter-cell. Call Verbal-Content is not publicly available.

    Here the mobile-phone Record proves that Knox’s mobile-phone was Certainly-Not in Sollecito’s lodging-house at 20:18:12 on Nov.1st, 2007:

    At the time of reception, Knox’s phone connected to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3, whose signal does not reach Raffaele Sollecito’s house. Amanda Knox’s mobile phone, and therefore Knox herself, was therefore far [i.e. absent] from Corso Garibaldi 30 when the SMS reached her, as she was walking in an area which was shown to be served by the Via dell’Aquila 5-Torre dell’Acquedotto sector 3 cell.

    This point of her route could correspond to Via U. Rocchi, to Piazza Cavallotti, to Piazza IV Novembre, bearing in mind that Lumumba’s pub is located in Via Alessi, and that Amanda Knox would have had to travel along the above-mentioned roads and the piazza in order to reach the pub.

    Knox was therefore Certainly Not at Sollecito’s Corso Garibaldi Lodging at that time, contrary to the allegation that she was, and Knox Certainly-Could have been at her Cottage.

    5. SMS Reply?

    At 20.35.48 on Nov.1st, 2007, Amanda Knox Certainly sent an SMS in reply to Patrick, at No. 338-7195723; the message was sent when her on Nov.1st, 2007 mobile phone was in Corso Garibaldi 30 or in the immediate neighbourhood. The cell used, in fact, was that of Via Berardi sector 7 - no other [use] was shown for the day of 1.11.07, noting that Amanda declared during hearings that she had switched her mobile phone off once she had returned 323 to Raffaele’s house, claiming she was more than happy she did not have to go to work and could spend the evening with her boyfriend.

    (Knox may also have been LESS than happy that Lumumba preferred Meredith instead of Knox as an employee. This was perhaps humiliating enough to Knox for Knox to decide that the time to cut Meredith down-to-size was now.)

    6. Bomb Threat?

    Massei Translation page 25: On “the evening of November 1, 2007 at around 10:00 pm, someone called and warned Elisabetta Lana not to use the toilet of her dwelling because it contained a bomb which could explode. Mrs. Lana immediately notified the police of this phone call; and they came to the house but did not find anything….”

    This call was Certainly received, the Police Certainly came to Mrs. Lana’s home, presumably not long after 10: pm on the evening of November 1, 2007 (Time & Duration of Police presence apparently not publicly-available).

    The Courts must know those times accurately and precisely; reasonably assuming them to be after Meredith’s murder, and near the time of the Phone-Dump (Otherwise, the necessary combination of coincidences is too implausible).

    It is most likely that the visible, and possibly audible, presence of Police triggered the panicked disposal of the Cell-Phones down the steep slope that falls sharply into the valley below.

    There is no need to invoke any awareness by the phone-dumper[s] of the reason(the hoax-call) that the Police were near Mrs. Lana’s residence.

    So if the killers saw flashing police-lights, or any other sign of police near Mrs. Lana’s place, that sign could be enough to explain panic phone-dumping - then and there (not considering whether the phones were switched-on or switched-off).

    According to John Follain the slope is heavily overgrown with trees and bushes, an ideal place to dispose of evidence. If the phones had fallen just a few yards further, they would certainly have gone over the edge of the cliff, down into a 50m gully, straight into a thick scrub of nettles, and probably been lost forever….

    7. Phone Dialings?

    There were four dialings on Meredith’s mobile phones after her arrival home on the evening of 1 November ‘07:

        i. 20:56 hours on 1 November 07, attempted call to Meredith’s mother’s home in England.

      ii. 21:58 hours on 1 November 07, attempted call to mobile phone’s answering service, voicemail ‘901’.

      iii. 22:00 hours on 1 November 07, dial to Meredith’s London bank ‘ABBEY’.

      iv. 22:13:29 hours (9 seconds) on 1 November 07, attempted internet connection. Connection consistent with being attempted from cottage, but inconsistent with being attempted from Mrs.Lana’s.

    These dialings are Certain with regard to Existence, Timings, and Location.

    Massei Translation, page 331, attributes the above 4 dialings to Meredith absent-mindedly playing with the mobile phone in her hand, and her phone may well have still been in her hand when her attackers surprised her.

    8. Phone Location?

    Was Meredith’s Phone still in the cottage at Via della Pergola at 22:13:29 hours on 1 November 07? Yes. Certainly.

    9. A Tow Truck?

    At about 22:30 hours Car broken-down nearby. Tow-Truck called-for.

    At about 23:00 hours Tow-Truck arrives to load car.

    At about 23:13 hours Tow-Truck leaves with loaded car.

    These events Certainly occurred, but those times are approximate.

    10. Francesco Called?

    @23:41:11 RS’s father attempts phone-call but makes no oral contact. Father leaves message which is not received until 06:02:59 on 2.11.07.

    This 23:41:11 call was attempted during the very time-frame of the attack on Meredith, her murder, and the flight of her killers with her mobile telephones. Meredith’s Phone[s] were removed from her cottage by about Midnight, less than 20 minutes after this attempted call.

    These phone calls are Certain wrt Existence, Timings, and Locations.

    11. Phone Location?

    For 2.11.07 the first record is that of MKP - [0]0:10: 31, (i.e. Very early in the a.m. 10 minutes and 31 seconds after midnight) “when it has been established as an incontrovertible fact that Meredith’s English mobile phone was no longer in Via della Pergola, the mobile phone having received the contact under the coverage from Wind signal [cell] ..25622, which is incompatible with the cottage.”

    Was Meredith’s Phone still in the cottage at Via della Pergola at 00:10: 31, 2.11.07? No!

    Therefore Meredith’s English mobile phone had been removed from her cottage between 10.13.39 p.m. on 1.11.07 (more likely about 11.13 p.m.  when tow-truck departed) and 0:10:31 on 2:11:07; about 10 ½ minutes after midnight – say Meredith’s Phone[s] Removed By About Midnight, allowing for the time-elapse before being dumped near Mrs. Lana’s place. (Hellmann falsified this time-span on page 14 of his report, stating it to be more than 10 hours after midnight rather than about 10 ½ minutes after midnight.)

    12. Phones Stolen?

    At some time before Meredith’s attackers fled, they had seized her mobile telephones, probably near the beginning of the attack, having started their attack with a pre-emptive strike to intimidate Meredith, remove all hope, surround her, display knives, seal all possible escape-routes, and remove any possibility of phone-calling for help.

    Immediately after Meredith’s scream her attackers had silenced her with the fatal stabbing, and then fled immediately.

    They fled with her already-seized but still switched-on mobile telephones, probably without locking anything, including Meredith’s door.

    Their over-riding and 1st imperative was not-to-be-caught-at-the-crime-scene.

    See item 6. above.

    13. Crimescene Meddling?

    Having accomplished the Phone-Dump, Meredith’s killers next re-model the crime-scene, minimising the evidences of their identities, cleaning-up the evidences that it was ‘an inside job’, and simulating the appearances that it was ‘an outside job’.

    One should bear in mind that these killers should have still been overwhelmed by their having actually committed a crime beyond their wildest imaginings.

    Their panic impaired their thinking, and their ignorance, immaturity, inexperience, lack of technical resources and their arrogance precluded their selecting deceptions more effective against knowledgeable, experienced professional crime-investigators with a large fund of resources. They probably think that throwing the stone from inside Filomena’s room was a brilliant deception.

    They wish it had never happened.

    They wish they could make it unhappen (Hellmann/Zanetti got close to fulfilling this wish, but got themselves unhappened by Cassation)

    They wish they could prevent the discovery of Meredith’s murder.

    They cannot prevent the discovery of Meredith’s murder.

    They may be able to postpone its discovery, but not longer than the inevitable return of the cottage-mates, later that day.

    They believe that the person who ‘discovers’ a murder may become 1st-suspect.

    They may be able to manouevre others-than-themselves into being the ones that make the discovery – quite a wily aim.

    It is beyond reasonable doubt that:

    Meredith’s killers seized her mobile telephones, and that

    Her killers did not switch-off these mobile telephones, and that.

    Her killers threw the telephones into an apparent ravine, landing in Mrs.Lana’s garden, and that

    This phone-dump was accomplished before 00:10: 31, 2.11.07, and that

    Amanda Knox caused:

      i. the English phone to ring at 12:07:12 (16 seconds) and be discovered by Mrs.Lana’s daughter only because it rang , and

      ii. the other phone, registered to Filomena Romanelli, to ring, very briefly, at 12:11:02 (3 seconds) and,

      iii. the English phone to ring again, also very briefly, at 12:11:54 (4 seconds), after being brought into Mrs.Lana’s house. 6. Sollecito had more than 5 days, from about 11.30 pm on November 1st, 2007 until November 6, 2007, to remove from the killing-knife the traces of Meredith’s DNA.

    In the opinion of the Court of Assizes (Massei Translation p.325), Amanda Knox’s call to Meredith’s phone was

    ...the first indispensible step before putting the [348] planned staging into action. The lack of a reply, since the poor girl was obviously already dead, gave a reason for reassurance about the fact that the young woman’s phone had not somehow been retrieved, [and] was therefore safe in the spot where it had been thrown, which, according to the expectations [in the minds] of the murderers was a precipice or some other inaccessible spot, rather than in the garden of a villa located barely outside the city, where the vegetation concealed it from view.

    Knox may well have expected that she was safe from phone-discovery, but these calls turned out to be the very instrument of a phone-discovery.

    Had Knox not made these obfuscatory stabs, in the time-frame she made them Meredith’s phone would not have rung when it did ring and would therefore not have been discovered by Mrs. Lana’s daughter when she did discover it.

    14. Phone Switched On?

    For the day of 2.11.07, when Meredith was already dead, the traffic registered for the Vodafone number was shown to be the following:

    00:10:31; duration and caller unspecified, but Wind signal [cell] incompatible with cottage, but compatible with Mrs. Lana’s place.

    Therefore, Meredith’s mobile cell-phone had already been taken away from the cottage by her killers. It is not possible to determine from this phone-record whether the phone was switched on or off, but this phone was discovered at Mrs. Lana’s place because it was ringing, and therefore was “on”.

    12:11:02 (duration of 3 seconds): Knox’s phone call reached the phone and was diverted to the answering service. The Vodafone cell used by Meredith’s service provider was situated in Strada Vicinale S. Maria della Collina sector 1.

    12:11:54 (4 seconds): another call is made by Knox’s phone towards Meredith’s English mobile phone number (the cell used is the one in Via dell’Aquila 5-Torre dell’Acquedotto sector 3, thus compatible with Sollecito’s house)

    Three more phone-calls Certain wrt Existence, Timings, and Locations.

    15. Francesco SMS Received?

    At 06:02:59 Raffaele Sollecito received the SMS from his father allegedly wishing Raffaelle a good night; from the evidence of the mobile phone record printouts of Dr. Francesco Sollecito, it was shown that the sending of the message occurred at, as has been said, 23:41:11 of 1.11.07. This was the last SMS sent from that mobile phone during the whole day of 1.11.07

    3+ Hours after receiving his father’s message from 23:41:11 of 1.11.07:

    At 09:24 Raffaele Sollecito received a phone call from his father lasting 248 seconds]

    At this time RS’s consiousness would be dominated by his guilty knowledge, and probably far-advanced in the accomplishment of the 3rd imperative.

    Did RS and father spend 4+ minutes discussing the weather?

    This is the first father/son opportunity to formulate the two-pronged water-leak story.

    Although AK had already been to the hardware store 2 hours before, they may well not have known the potential DNA problems with the knife, the need to scrub it vigorously, to clean-out, and repair the drain-pipes under the sink, and the need to return the knife to RS’s kitchen drawer.

    As it turned-out, Sollecito had more than 5 days, from about 11.30 pm on November 1st, 2007 until November 6, 2007, to remove from the killing-knife the traces of Meredith’s DNA.

    They probably did not know that incriminating stains could be invisible, but can be revealed by Luminol.

    16. Francesco Calls Received?

    At 09:29 another call was received lasting 38 seconds

    At 09:30 (duration unspecified?) the father called Raffaele; the call connected to the Vial Belardi sector 7 cell.(the best server cell for Corso Garibaldi 30).]

    These two calls, Certain wrt Existence, Timings, and Locations, were probably spent dotting ‘i’s, crossing ‘t’s, and exchanging options, such as enlisting sister Vanessa’s skills and contacts.

    17. More Calls Later?

    Another 2+ Hours later:

    At 12:07:12 (duration of 16 seconds) Amanda calls the English phone number 00447841131571belonging to Meredith Kercher. The mobile phone connects to the cell at [346] Via dell’Aquila 5-Torre dell’Acquedotto sector 9 (the signal from this cell is picked up at Sollecito’s house)

    At 12.08.44 (lasted 68 seconds) Amanda calls Romanelli Filomena on number 347-1073006; the mobile phone connects to the Via dell’Aquila 5-Torre dell’Acquedotto sector 3 cell (which covers Sollecito’s house)

    Discovery will be inevitable when Filomena eventually arrives-back at the cottage.

    AK/RS have accepted that they have to ‘stand-pat’ with their efforts so-far to accomplish not-to-be-the-“discoverers”-of-Meredith’s-body.

    Amanda did not say a word in this phone-call to Filomena about Amanda’s phone call to Meredith, thereby withholding information that should have led Amanda to initiate discovery of Meredith’s body, and help Amanda to manouevre someone other than Amanda into being the one who ‘discovers’ Meredith’s body.

    At 12:11:02 (3 seconds) the Vodafone number 348-4673711 belonging to Meredith (this is the one [i.e. SIM card] registered to Romanelli Filomena) is called and its answering service is activated (cell used: Via dell’Aquila 5-Torre dell’Acquedotto sector3)

    18. Yet More Calls?

    For the day of 2.11.07, when Meredith was already dead, the traffic registered for the Vodafone number was shown to be the following 5 calls, Certain wrt Existence, Timings, and Locations:

      i. 12:11:02 (duration of 3 seconds): Amanda’s phone call reached the phone and was diverted to the answering service. The Vodafone cell used by Meredith’s service provider was situated in Strada Vicinale S. Maria della Collina sector 1.

      ii. 12:11:54 (4 seconds): another call is made towards Meredith’s English mobile phone number (the cell used is the one in Via dell’Aquila 5-Torre dell’Acquedotto sector 3, thus compatible with Sollecito’s house)

      iii. 12:12:35 (lasting 36 seconds) Romanelli Filomena calls Amanda Knox (No. 348-4673590); Amanda receives the call connecting to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3 (still at Raffaele’s house)

      iv. 12:20:44 (lasting 65 seconds) Romanelli F. calls Amanda, who receives the call connecting to the cell in Via dell’Aquila 5-Torre dell’Acquedotto sector 9 (good for Corso Garibaldi 30)

      v. 12:34:56 (48 seconds): Filomena calls Amanda who receives it from the cottage on Via della Pergola 7 (the cell used is that on Piazza Lupattelli sector 7. As mentioned, Raffaele also used the same cell when he called the service centre at 12:35 hours to recharge [the credit of] his mobile phone)
    19. RS Phone Location?

    At 12:35: Raffaele’s mobile phone contacted a service centre for a phone [credit] recharge (the cell used was that of Piazza Lupattelli sector 7, which gives coverage to the little house on Via della Pergola 7. The signal in question does not reach Corso Garibaldi 30, which instead is served by the signal from Piazza Lupattelli sector 8)

    At 12:38: Vodafone sent R.Sollecito a message of confirmation of phone [credit] recharge (Piazza Lupattelli sector 7 cell, good for Via della Pergola 7)

    At 12:40: incoming call from RS’s father’s mobile phone (lasting 67 seconds; connection through Piazza Lupattelli sector 7 cell, compatible with the Sollecito’s presence near the little house)]

    At 12:47:23 (duration of 88 seconds): Amanda calls the American (USA) number 00120069326457, using the cell on Piazza Lupatetlli sector 7; the phone call takes place prior to the one which, at 12.51.40, Raffaele Sollecito will make to ‚112?, connecting to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 1, which gives coverage to Via della Pergola 7]

    In “Waiting To Be Heard” Knox can hardly deny having made this 1st call, acknowledges making the call, and purports, now, to recall its substance, providing the reader with her version of what was said.

    At 13:24:18 (duration of 162 seconds): Amanda calls the same American number which corresponds to the home of her mother, Mrs Edda Mellas, using the same cell. It is obvious that the young woman is inside the cottage, where by this point, several minutes earlier, the Postal Police had shown up, [347] represented by Inspector Battistelli and Assistant Marzi, who were engaged in the task of tracking down Filomena Romanelli, who was the owner of the Vodafone phonecard contained in the mobile phone found earlier in the garden of the villa on Via Sperandio]

    In “Waiting To Be Heard” Knox can hardly deny having made this 2nd call either, she acknowledges making the call, and provides the reader with her current version of what was said.

    20. More Phone Locations?

    At 12:50:34 outgoing call directed at mobile phone 347-1323774 belonging to Vanessa Sollecito, sister of the defendant; duration 39 seconds. Connection to Piazza Lupattelli sector 7 cell 320

    At 12:51:40 Raffaele Sollecito called ‚112? to inform the Carabinieri of the presumed theft in Romanelli’s room (duration 169 seconds; connection to Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell, which covers Via della Pergola 7)

    At 12:54: a second call by Raffaele to ‚112? (57 sec.; connection to Piazza Lupattelli sector 7 cell)

    Three more Sollecito calls Certain wrt Existence, Timings, and Locations.

    21. More Phone Locations?

    At 13:17:10 (lasting 1 second) to Meredith’s phone: the cell used was located in the same place, sector 7

    At 13:27:32 (duration of 26 seconds): Amanda calls the American number 0012069319350, still using the cell at Piazza Lupattelli sector 7.

    At 13:29:00 (duration of 296 seconds) Amanda receives [a call] from No. 075/54247561 (Piazza Lupattelli sector 7 cell)

    Three more Knox calls Certain wrt Existence, Timings, and Locations.

    22. Another Phone Location?

    At 13:40:12: incoming call from his father to RS (94 sec.; Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell)

    Another Sollecito call Certain wrt Existence, Timings, and Locations.

    23. More Knox Calls?

    At 13:48:33 (1 second): this is an attempted call to AK’s mother’s number

    At 13:58:33 (1 second): this is an attempted call to her mother’s number

    The above item is a faithful translation from the Massei Motivazione section on Amanda Knox’s mobile phone traffic, but is listed out-of-time-sequence; the assigned-time is probably a ‘typo’ – “13:48:33” is much more likely correct.

    Two more Knox calls Certain wrt Existence, Timings, and Locations.

    24. Francesco Call?

    14:33: Sollecito’s father called Sollecito for 21 seconds (as above)]

    Do RS and father exchange more caveats in their call Certain wrt Existence, Timings, and Locations?

    25. More Knox Locations?

    At 14:46:14 (102 seconds) Amanda receives a call from the German number 494154794034, most likely belonging to her aunt Doroty Craft

    Call to Meredith’s phone at 15:13:43 (5 seconds) cell not indicated.

    At 15:31:51 (1 second): Knox receives an SMS sent from the number 389/1531078; at this point the cell being used is the one on Via Cappuccinelli 5/A sector 2, where the Questura [police headquarters] is located.

    Two more Knox-related calls Certain wrt Existence, Timings, and Locations.

    In the hours that followed the [mobile phone record] printouts show that the answering service of Amanda’s number 348-4673590 was activated due to a lack of signal coverage.

    Massei Translation p.324:

    Finally, the analyses of the [phone record] printouts highlight that the first phone call made by Amanda on the day of 2 November was to Meredith Kercher’s English number.

    The American student called her English flatmate even before contacting Romanelli Filomena to whom she intended to express, as she testified in court, her fears about the strange things she had seen in the cottage, which she had returned to at about 11 o’clock in order to shower in preparation for the excursion to Gubbio which she and Raffaele had planned.

    It is strange that Amanda did not say a word to Filomena about the phone call to their flatmate, when the call, not having been answered, would normally have caused anxiety and posed some questions as to why Meredith did not answer the phone at such an advanced hour of the day.

    26. Sollecito Locations?

    At 17:01: RS’s father called RS for 164 seconds; cell used is that of Via Cappucinelli 5/A sector 2, corresponding to the location of the Perugia Police Station

    At 17:42: RS’s father called RS for 97 seconds (as above).

    With regard to Raffaele Sollecito’s landline home phone (No. 075-9660789)

    The above 2 calls presumably covered final agreements on the Father/son stories.

    For the entire day of 1 November and then of 2 November, Raffaele Sollecito’s fixed line was not affected by any calls, either incoming or outgoing.


    This series continues here.


    Wednesday, March 11, 2015

    Precise Reasons For Arrests Of Sollecito, Lumumba And Knox On 6 Nov 2007

    Posted by The TJMK Main Posters



    From the east. Foreground, Perugia’s main courts, background judges & prosecutors’ offices

    1. The Warrant For Three Arrests

    This key document has now been obtained and translated and included in the Wiki casefile. Some context is offered in Part 2.

    The arrest warrant was drafted and signed by Dr Mignini. He did so in the prosecutors’ offices in Perugia’s central courthouse (image at top) at 8:40 am.

    Note that, critically, it includes reference to Knox’s spontaneous chatter and her knowledge of the dynamics of the crime.

    PUBLIC PROSECUTOR’S OFFICE, COURT OF PERUGIA

    N. 19738/07 R.G. Mod. 44

    DETENTION ORDER ISSUED BY THE PUBLIC PROSECUTOR

    (artt. 384, comma 1 c.p.p)

    TO THE JUDGE OF PRELIMINARY INVESTIGATION OF THE COURT OF PERUGIA

    The public prosecutor Dr. Giuliano Mignini

    Based on the records of the above-mentioned proceeding;

    Having found that there are serious indications of the crimes of complicity in aggravated murder Article 576 n.5 c.p.e. and sexual assault for which we are proceeding, against DIYA Lumumba, born in Kindu (Zaire) on 5.05.1969, KNOX Amanda Marie and SOLLECITO Raffaele, already identified, for the following reasons:

    Regarding KNOX and DIYA, the first made glaringly contradictory and not credible statements during the investigation. In particular KNOX claimed to have spent the night between November 1st and 2nd in the company of SOLLECITO Raffaele whom she met a few days before the event while he, after initially confirming the statements made by KNOX, confessed to have lied instructed by KNOX and made clear that he separated from KNOX at 21.30 of November 1st 2007, remaining at his house where he received a phone call from his father on the land line at 23:30.

    Furthermore from the data relating to the phone traffic of the number 3484673590 in use by KNOX there emerges a lack of phone traffic from 20:35 of November 1st to 12:00 November 2nd. Same lack of phone traffic from 20:42 of November 1st to 06:02 of November 2nd is found in the phone traffic of 3403574303 in use by SOLLECITO Raffaele.

    At 20:35 of November 1st was found an outgoing text message from the number 3484673509 belonging to KNOX sent to 3387195723 belonging to the co-defendant PATRICK to whom she communicates “see you later” which confirms that in the following hours KNOX was together with DIYA in the apartment where the victim was.

    KNOX, in the statement made today has, in the end, confessed the dynamics of the committed crimes against KERCHER: the accused, in fact, first claimed to have met with DIYA, as communicated to him with the text message found in the phone memory of her cell phone by the operating Postal Police, text message sent at 20:35 in reply to a text message from DIYA sent at 20:18, detected thanks to the analysis of the phone traffic related to KNOX.

    This last text message is not present in the cell phone memory.

    KNOX in her witness statement from today has then confessed that, meeting DIYA in the basketball court of Piazza Grimana, she went together with DIYA to Meredith’s house, where DIYA, after having sex with the victim, killed her.

    The sexual intercourse must be deemed violent in nature considering the particularly threatening context in which it took place and in which KNOX has surely aided DIYA.

    In addition to this it should be pointed out that KNOX, in her spontaneous declarations from today, has consistently confirmed to have contacted DIYA, to have met with him on the night between November 1st and 2nd and to have gone with him to the apartment where the victim lived. She then said that she stayed outside of Meredith’s room while DIYA set apart with her and also added that she heard the girl’s screams.

    KNOX reported details that confirm her own and Sollecito Raffaele’s involvement in the events, like the fact that after the events she woke up in the bed of the latter.

    As far as the essential facts against SOLLECITO there are numerous verifiable inconsistencies in his first declarations, in respect to the last ones and the fact that, from a first inspection, the print of the shoe found on SOLLECITO appears to be compatible in its shape with the one found on the crime scene.

    Moreover, there is the fact that KNOX claimed to not remember what happened between the victim’s screams up until she woke up in the morning in SOLLECITO’s bed, who was also found in possession of a flick knife that could abstractly be compatible for dimension and type (general length of 18cm, of which 8,5 blade), with the object that must have produced the most serious injury to the victim’s neck.

    Having considered all the elements described and all converging findings of the intense and detailed investigations conducted after the discovery of Kercher’s body and culminating with the confession and indicated complicity of DIYA, also known as “Patrick” by KNOX, there is substantial serious evidence of the crimes for which we are proceeding to allow the detention, given the limits of the sentence.

    Likewise there must be considered a founded and valid danger of flight especially for DIYA since he is a non-EU citizen and in consideration of the specific seriousness and brutality of the crimes, especially that of sexual violence and the possibility of the infliction of a particularly heavy sentence.

    In regards to KNOX she has shown a particular ruthlessness in lying repeatedly to the investigators and in involving in such a serious event the young SOLLECITO.

    Having regard to Art.384 comma 1 c.p.p.

    ORDERS

    The detention of DIYA Lumumba, KNOX Amanda Marie and SOLLECITO Raffaele, already identified, and to be taken to the local District Prison.

    We proceed to request validation of the detention in the separate document.

    Forward to the Secretary area of authority with regard to recognition of Diya Lumumba and Amanda Marie Knox, born in Washington (USA) on 07/09/1987, based in Perugia, Via della Pergola 7, and Raffaele Sollecito, also already identified.

    Perugia, November 6th 2007, h.8,40

    PUBLIC PROSECUTOR

    (DR. GIULIANO MIGNINI)

    2. The Context Of The Arrests

    Knox had turned up at the central police station unannounced, apparently to keep tabs on RS. After a delay in finding something for her to do, and in getting the interpreter by her side, she sat with Rita Ficarra building a list of possible perps with phone numbers and residences on maps.

    Having been told in a rather low-key way that Sollecito had just said she was not with him on the fateful night for several hours, and she had made him lie (see the post just below), there was a tension-filled pregnant pause while Knox apparently racked her brains for a Plan B.

    By 1.45 AM, having explosively fingered Patrick when a message to him fortuitously showed up on her mobile phone, and after considerable spontaneous chatter, she had insisted on writing and signing this statement.

    Three hours later Dr Mignini had arrived and discussed this development with others. Then he advised Knox of her rights, including the right to have her lawyer there.

    Heedless of that advice, after more spontaneous chatter (actually referred to in the arrest warrant below), Knox insisted on writing and signing this statement while all the court officers sat idly by.


    Monday, March 09, 2015

    The Meredith Case Wiki Now Has The Key Sollecito Statement 6 Nov 2007 In Full

    Posted by The TJMK Main Posters



    Perugia’s central police station where Sollecito made the statement posted here


    The ever-expanding Wiki can of course be found here.

    A post follows soon with guidance to the numerous new documents it contains. This was an extremely well documented case with discussions carefully recorded and decisions explained every step of the way.

    We have frequently noted for example that RS and AK were provided with an extraordinary total of SIX opportunities in 2007 and 2008 to head off a trial and to be released.

    Each opportunity is very well documented (Matteini hearings, Ricciarelli hearings, Mignini hearings, Supreme Court rulings, and the two Micheli rulings) and the transcripts and reports make very clear why RS and AK failed each time.

    Not one of those transcripts or rulings has been “explained” or rebutted by the RS and AK apologists. It is very clear now that their falsifying efforts are being left way back there in the dust.

    Document after document after document proving the case is going live in English for which they have been able to create no response.  For example, the “brutal” Knox “interrogation” on 6 November is absolutely vital to their body of claims.

    But document after document has shown that to be simply a huge hoax.  Dumb silence is the only response.

    This new translation of Sollecito’s statement of 6 November 2007 in the central police station, complete for the first time, has just gone live on the Wiki here. As always, we sure appreciate the translation help.

    It is also now a part of our Interrogation Hoax series.


    Sunday, February 15, 2015

    Sollecito v Italy & Guede: My Subtitled YouTubes Of Rudy Guede’s Interview with Leosini

    Posted by Eric Paroissien













    Thursday, January 15, 2015

    The Sollecito Trial For “Honor Bound” #1: History Of How This Ill-Fated Saga Began

    Posted by The TJMK Main Posters



    The “supertanker” the PR forces worked hard to turn has become a Titanic for them now

    1. The Latest Legal Developments

    A new phase of the Florence trial of Raffaele Sollecito and Andrew Gumbel is scheduled to start on Thursday of next week.

    Why is this the iceberg in the Titanic’s path? Because Sollecito and later Knox made numerous demonstrably false and damaging claims that so many others then made, most usually worse.

    See Sollecito go down here, or withdraw his claims, for lack of any proof, and the legal liabilities of all those others stretch to the horizon and beyond.

    This trial puts Knox herself and her parents with her wild book and their wild claims at more risk. 

    For reasons explained below, the investigation of the myriad claims by an Italian, beamed only at Americans, of official crimes and alternative “facts” couched in a jeering, sneering anti-Italy tone was taken behind the scenes by the Florence prosecution early in 2013.

    The charges and target defamatory passages selected out of numerous passages falsely describing facts of the case and falsely accusing officials of crimes have not been formally reported even in Italy yet, except for a website update last October by the indefatigable journalist Andrea Vogt.

    2. Chronology 2009-2011: The Trial And Appeal

    In 2011 what is widely known in Italy to have been a bent Hellmann appeal court ran a cartoonish and illegal retrial of Sollecito and AK.

    This illegal retrial, mostly annulled by the Supreme Court in March 2013, was lacking a few things. Such as most evidence, most witnesses, and all of the 2009 prosecution case and the compelling prosecution summations at the end. An illegal DNA consultancy which should never have occurred at appeal is also believed to have been bent.

    3. Various Flashing Warning Lights

    On 3 October 2011 Judge Hellmann told RS and AK they were free to go, despite the fact that no legal process for murder and some other crimes is considered final in Italy until no party pursues any further appeals or the Supreme Court signs off. Most still accused of serious crimes (as in the UK and US) remain locked up. Hellmann, pathetically trying to justify this fiasco ever since, was firmly edged out and still the target of a possible charge.

    Other flashing warnings should have made Sollecito’s family and legal team and book writers very wary. They included the immediate strong warning of a tough prosecution appeal to the Supreme Court. They also included the pending calunnia trials of Knox and her parents, the pending trial of the Sollecitos for attempting to use politics to subvert justice, the pending trials of Spezi, Aviello, and Sforza, and so on. 

    A major flashing warning was right there in Italian law. Trials are meant to be conducted in the courtroom and attempts to poison public opinion are illegal. They can be illegal in the US and UK too but, for historical reasons to do with the mafias and crooked politicians, Italian laws in this area are among the world’s toughest. So mid-process, normally no books are ever published

    4. Chronology 2012-2013 The United States Track

    Knox quickly headed back to the US West Coast and Sollecito soon came after her there.

    After three-plus years of Sollecito and his camp being very iffy about Knox he suddenly - to his father’s open frustration - could not get enough of her.

    Very quickly Sollecito found a book agent, Sharlene Martin,  who lives just a couple of miles from the Mellases and Knoxes, and she lined up a shadow writer, Andrew Gumbel, who lives in LA and had been based in Italy in the 1990s.

    Both Sharlene Martin and Andrew Gumbel soon revealed that their “knowledge” of the case was paper-thin and dangerously biased.

    Sollecito’s Italian lawyers seemingly did not have a clue what was going on on this book front - lately an angry Giulia Bongiorno made that plain enough.

    Sollecito’s father and sister did have growing concerns (among much fallout in Italy of their own such as Vanessa losing a plum Carabinieri job) and in March they hopped on a flight to Seattle to try to ditch Knox and presumably the book and drag Sollecito home.

    Even Knox at times seemed to want the clingy nuisance gone, and she produced a claimed new love-interest to help to keep him at bay.

    Throughout 2012 the hubris of the Knox camp within which Sollecito had embedded himself was immense. David Marriott and Bruce Fischer both posted that it was their efforts that had got the two released, making no mention of a court the defenses had bent.

    On 18 September Honor Bound hit the shelves. If Sharlene Martin or Andrew Gumbel or Simon & Schuster had done any due diligence on the book, such as reading court documents, or even run it in final draft in Italian past Sollecito’s lawyers in Italy, that due diligence sure did not show. (A legal case for the Sollecito family to pursue?)

    Seemingly irresponsible or incompetent and not caring who in Italy they hurt, Sharlene Martin and Andrew Gumbel then assisted Sollecito in a triumphalist but mostly unconvincing sweep of the US crime shows.

    The flagship interview was with Katie Couric on ABC right before the book came out. It really hurt. She had an advance copy and had done her homework. See our suggested questions and report and posts and Kermit’s great spoof here , here , here , here , and here.  The book promotion tour ended in Seattle thus..

    Late April 2013 Knox’s book came out. Strong differences with Sollecito emerged both in the books and publicly in the media as described here and here.

    Sharlene Martin later set up a panel of the useful idiots Michael Heavey and John Douglas and Steve Moore in a Congressional room for hire, an odd role for an agent of a book, which nobody of importance attended. Just as well. Truth was scarce.

    Sollecito repeatedly visited the United States (and the Caribbean) though he was provisionally a convicted felon, not least in a desperate, cynical and hurtful attempt, after the sharp rebuff by Amanda Knox, to find an American wife.

    You can read the rest of Sollecito’s US saga in the top posts here. His last visit to the United States was in late 2013.

    5. Chronology 2012-2013 The Italy Track

    The book was written and published only in English; Francesco Sollecito said no Italian publisher would touch it (surprise, surprise).

    In Italy, from our post of 27 September 2012, this media explosion is what happened next.

    In Italy Sollecito’s wildly inaccurate and hyper-aggressive book has already set himself up for two kinds of trouble

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

    Sollecito’s own father and own lawyer Maori have already been forced to admit the book contains serious lies. Prosecutors are considering whether there should be new charges

    Sollecito’s own father Francesco was made to concede by the host and all other guests on the popular Porta a Porta TV show last week that Sollecito lied in claiming that the prosecution had sought a deal under which Sollecito would frame Amanda.

    Such a deal would be illegal so Sollecito was falsely accusing prosecutors of a very serious crime. Francesco Sollecito backed down even more in some interviews later. One of Sollecito’s own lawyers, Luca Maori, also had to deny in frustration that the offer of any deal either way ever happened.

    Now the prosecution has announced that they are weighing whether there should be new charges lodged against Sollecito.

    Sollecito has suddenly claimed in the book, nearly five years after he said it happened, in face of vast evidence including his own writings to the contrary, that police interrogated him over 10 hours, and abused and threatened him.

    But he was demonstrably not ever interrogated over 10 hours, and he folded fast when they showed him his phone records, which contradicted his earlier alibis, and so he promptly laid the blame on Amanda.

    Prosecutors and police have all already stated that he simply lied here too, and again prosecutors are considering whether there should be new charges

    Thereafter we posted a number of times about false claims others and we ourselves identified in the book -  one of three (with Preston’s and Knox’s) probably the most defamatory ever written about any justice system or justice officials anywhere. Our next posts will pick up that thread.

    5. Italy Officially Reacts

    Finally for now, we posted on 18 February 2013 on a formal move against the book by the Florence Courts, with a Breaking News addendum that (very unusually) the prosecution and supervising magistrate had taken the investigation behind closed doors.

    That secrecy order to counter the toxic PR still persists, right up to now, and it will only be next Thursday that the results of the investigation and the charges against Sollecito and Gumbel become widely know.

    Next post: selected examples of Sollecito’s and Gumbel’s false claims.


    Friday, November 28, 2014

    The PMF/TJMK Master Evidence List: First Of Our Projects To Make The Final Picture Whole

    Posted by The TJMK Main Posters



    High-achiever Meredith Kercher was born less than one mile south of this famous London landmark

    Building An Evidence Mountain

    There are really three pictures, not just the one, still to be fully made whole.

    • That of Meredith. We believe a family site will soon add to the fine book published by Meredith’s dad.

    • That of all of the evidence the court acquired in 2009, which is the sole picture the Italian citizenry takes seriously.

    • That of the misleading campaign by the Knox and Sollecito PR shills, leaving some in the UK and US misled.

    The Master Evidence List is a key part of the second picture and there are several other media-friendly pages still to come.

    Click here for more


    Sunday, September 14, 2014

    Analysis #1 Of Testimony Of Marco Chiacchiera, Director, Organized Crime Section, Flying Squad

    Posted by Cardiol MD



    Dr Chiacchiera with Dr Comodi explaining reason for charges in another case

    Overview Of This Series

    Yet another vital translation which will be posted in the trial testimony areaof McCall’s great Wiki. This again is translated by the ever-dedicated main posterr ZiaK.

    Although I graduated as a medical doctor I also graduated as a lawyer, and was often in courtrooms. For this post and the rest of the Chiacchiera series I am wearing my lawyer’s hat to point out what strikes me in Prosecutor Comodi’s questions,  Marco Chiacchiera’s testimony, and the cross-examinations by defense lawyers.

    Prior Preparations And Procedures

    Under the Italian Code, before the beginning of the trial phase in Italy, the parties file a brief, detailing all evidence they want to present – the parties have to indicate by name every witness and precisely what these will be asked. The aims include creation of a Record of Admissible Facts.

    Also under the Italian Code, both the defendant and the prosecutor can cross-examine each other’s witnesses. The Judge may choose not to admit any testimony that appears patently superfluous, reject irrelevant or improper or irregular questions – such as leading questions, and Inadmissible Hearsay – and also ask questions to the witnesses and experts.

    Ground Covered In Dr Chiacchiera’s Testimony

      (1) He found Knox and Sollecito uncooperative when he asked them questions.

      (2) Saw evidence contradicting any lone burglar theory and indicating that the “break-In” to Romanelli’s room was faked.

      (3) Phone records and the police investigation into the accused phone activity the night of the murder.

      (4) Discovery of pornographic magazines at Sollecito’s house.

      (5) Details of how the large knife, Exhibit 36, was collected from Sollecito’s and the evidence that it is the murder knife.


    My Assessment Of This Court Exchange

    It is immediately obvious to me that this witness is a skilled witness; as such, and given his deep hands-on involvement in the immediate investigation this witness’s testimony is credible.  My assessment therefore is that this was a very good and unflinching witness and that Dr Comodi shows no signs of leading the witness or seeking other than a truthful record.

    I have seen prosecutors examine witnesses differently but dont believe the resultant record would have been superior. This would have stood up well in any American court.

    (GCM=Giancarlo Massei; MC=Manuela Comodi; MaCh=Marco Chiacchiera; GB=Giulia Bongiorno; DD=Donatella Donati; CP=Carlo Pacelli; LG=Luciano Ghirga; CDV=Carlo Dalla Vedova; FM=Francesco Maresca)

    Public Prosecutor Comodi [MC]

    MC:  Dr Chiacchiera, you carried out your duties where, when, at what moment of the events?

    MaCh:  I was and am the director of the Organized Crime Section of the Flying Squad and I am the vice-director of the Flying Squad. The Organized Crime Section is a branch of the Flying Squad that deals with … the term, I think that in this place [i.e. the court] it is enough to say that it deals with organized crime. However, I am also the vice-director of the Flying Squad, for which [reason] I deal with, in the case of need, everything that is necessary [for] the various aspects.

    {Witness supplies 5 items of relevant information that Examiner should elicit at beginning of examination.}

    MC:  Can you tell the Court how you became aware of events, who called you, when you became involved?

    {Examiner asks another triple-question}

    MaCh:  Yes.

    {Witness simply answers question as worded by Examiner}

    MC:  For now, start to tell us, then maybe I will intervene [NdT: i.e. interrupt with further questions] if necessary.

    {Examiner, asking no Q, instructs witness, suggesting provisional forbearance if witness does not make interruptions necessary.}

    MaCh:  On the fateful day, at around 12:33, I had gone to the cemetery with my mother. The operations room called me immediately after the discovery of the body.

    {Witness begins appropriate narrative response, but Examiner interrupts}

    MC:  So the 113? [NdT: 113 is the Italian State Police emergency number]

    {Examiner interrupts witness with a Q, suggesting witness's receipt of call from an emergency number, but suggests wrong source-number}

    MaCh:  110. The operations room of the Questura called me, and informed me of the happenings in an initially obviously very summarized manner. They said to me that there was a suspicious death, a young woman who lived in via della Pergola. I rushed to the place directly in my mother’s car. I didn’t stop by at the Questura, I didn’t go to get the service [i.e. police] car. I got myself taken to via della Pergola. We took about 15 minutes from the cemetery to there, ten fifteen minutes. In the meantime, I phoned the deputy Commissioner Napoleoni, in the temporary absence of the director, Dr Profazio, who arrived later, who was … he was enjoying a period of leave, and with deputy Commissioner Napoleoni we arrived almost at the same time. We arrived almost simultaneously at the premises. Forensics, too, arrived almost at the same time at the premises.

    {Witness supplies correct source-number and resumes interrupted narrative response}

    MC:  The Perugia Forensics?

    {Examiner questions witness's correction, as if to verify and to ensure accuracy of court's record}

    MaCh:  The Perugia Forensics, I highlight, yes.

    {Witness emphatically agrees with Examiner's question}

    MC:​[They were] alerted by you, or ...?

    {Examiner pauses mid-Q, inviting witness to guess complete Q, or is interrupted}

    MaCh:​Alerted by the operations room, and also alerted by me.
    ,
    {Witness responds to invitation, or interrupts with A to assumed complete Q}

    MC:​So you arrive, and who do you find?

    {Examiner's 1st simple Q.}

    MaCh: ​I found there ... there was already deputy Commissioner Napoleoni, there were also a few of Meredith’s co-tenants. There was Amanda Knox, there was Raffaele Sollecito. There were two young men who were, I believe, the friend of the boyfriend of one of the co-tenants. In short, there were a few people who had already been inside the house. There was the Postal Police.

    {Witness answers Q in reasonable detail}

    MC:​In the person of…?

    {Examiner seeks more detail re specific Postal Police Personnel}

    MaCh: ​Battistelli and another of Battistelli’s colleagues. Inspector Battistelli, with whom there was immediately a discussion in order to understand what were the reasons for his intervention there, because it is not normal to find the Postal [police] in a crime of this sort. And he explained to me immediately what was the reason for his intervention. The origin of the, shall we way of his intervention, was due to the discovery of a pair of cellphones in a period of time, I believe, of an hour, [or] two, I don’t recall clearly, that were one in the name of one of Meredith’s co-tenants and one in the name of, later it [sic] … I mean the SIM [card], obviously, the cellphones’ SIMs, the cards, they were in the name of a co-tenant and the other in Meredith’s [name]. The co-tenant, however, then told us, we then ascertained that both of the cellphones in fact were used by Meredith. And already that was, how shall we say, a first detail on which we began to reflect because, in fact, that was an element than in some way made us [become] immediately occupied/involved from an investigative point of view.

    {Witness responds to Q and includes relevant amplifying narrative, anticipating probable future Qs re cellphones}

    MC: ​So, excuse me, also if the Court already, shall we say, knows this, because others have reported it, on this point however, where were the cellphones found?

    {Examiner seems to interrupt with simple Q to clarify specific relevant fact not yet reached}

    MaCh:​Inside the garden of a villa that is in via Sperandio.

    {Witness responds appropriately}

    MC:​In via Sperandio.

    {Probably a Q, but implicitly inviting more specificity}

    MaCh: ​A villa that ... I am Perugian, [and] honestly, I didn’t even know there was a villa there. I’m Perugian, and I swear that I would have sworn [sic] that behind there was a wood.

    {Witness flounders, seems unable to be more specific}

    MC:​A field

    {Probably a Q, but implicitly inviting more specificity}

    MaCh: ​It [was] the first time that I went in behind there. Instead, I see a marvelous old mansion with an enormous garden that gives ... that is almost adjacent to the street – the street that leads towards Ponte Rio. Anyone from Perugia understands me maybe.

    {Witness seems to be in informal conversational mode}

    MC: ​From the structure of the fencing/enclosure, could you tell, shall we say, whether it was possible to throw these cellphones from the street, or whether it was necessary to enter the garden itself?

    {Examiner engages witness, and asks Q to clarify how cellphones got into that garden}

    MaCh: ​Yes, obviously, we checked that. In fact, immediately, in short, the detail that seemed, how shall we say, of great investigative interest was that [very point], besides other details that I will go [into] a bit [sic], so to speak, also to give the impression of what the immediate impact was that we saw in the moment when we found ourselves in a situation of this type. So, deputy Napoleoni immediately entered inside the house in order to check it for herself. I did it [entered] shortly afterwards, also because [as] you will imagine that in that moment whoever was there had to notify all those who [sic], amongst whom Dr Mignini who was the Public Prosecutor on duty, and immediately give orders so that the correct checks are carried out. Because it was not just a crime scene that had to be analysed immediately: there also had to be, how shall we say, correlated with the information that we had got from via Sperandio – because the entry of the Postal [police in the case] originated with via Sperandio. And so we immediately asked ourselves: “Ah, what are these cellphones belonging to poor Meredith doing inside the garden of a villa?” And then And then immediately after, we asked ourselves, obviously, what might be the profile of the possible, or probable, murderer, and we discussed/talked about the crime scene. The crime scene immediately seemed fairly strange to us, if you wish [NdT: literally “if we wish” in Italian, but meaning the same as “shall we say”, “if you wish”, “so to speak” etc.]

    {Witness responds to Q with detailed narrative}

    MC:​Why?

    {Examiner asks ambiguous Q, probably wrt crime scene seeming "fairly strange "}

    MaCh:​Because the door did not show… the entry door to the villa did not show signs of break-in. The we checked …

    {Witness seems to decipher ambiguity correctly, begins narrative response, but is interrupted by Examiner}

    MC:​We are not talking about the villa on via Sperandio obviously?

    {Examiner interrupts with Q, apparently not comprehending Witness's narratives}

    MaCh: ​For the love of god! It was called a “villa” … (overlap of voices), let’s say the house, of the house on via della Pergola there was no forcing/break-in. We found a forcing on the window. The window is this one, on the side of the house. I don’t know if you’ve seen the house? Anyhow, it is this one on the side of the house that can be seen immediately when you come down the slope from the gate. Logically reconstructing the thing, a hypothetical prowler [NdT: literally “ill-intentioned person”] who entered the house, breaking the glass with a rock - because inside the room, which was Romanelli’s room, which was the, shall we say, hypothetical arena of the entry, was completely in utter chaos. For that reason, what should we have hypothesized? That the hypothetical prowler took a rock, managed to throw the rock; the shutters, the external ones, the external shutters were not …

    {Witness is exasperated at Examiner's apparent incomprehension, is repeating his previous testimony, but is interrupted by Examiner}

    MC:​The dark-green wooden ones?

    {Examiner interrupts with Leading Q re colour of external shutters. Now begins a confused and confusing colloquy. The arrangement of Filomena Romanelli’s window, with Outside, and Inside Shutters, the Broken-Glass-Frame in-between, and the glass-splinters on the window-sill is complicated and needs a picture-exhibit that the witness can refer-to; this is apparently not provided, leading to the confusions}

    MaCh:​The dark-green wooden ones were half shut, for which reason [he] must have had an aim like “Pecos Bill” [NdT: a cartoon Wild West cowboy], takes aim and throws that rock, smashes the window. After, he climbs up and does a turn on the little slope, and has to clamber up towards the window on the smooth surface, it seems to me, that from the ground up to the window there are two and a half metres-three [metres]. And then would have said: “bah, in short” [sic]. Yeah, well, the thing seemed to us…. in short, the first hypothesis that the investigator normally does, finds a level of unlikelihood of this kind of happening. After which, we looked at the house and we saw that an entry of a potential prowler [ill-intentioned person], still reasoning on the hypothesis…

    {Witness amplifies narrative response but is interrupted by Examiner}

    MC:​Of theft.

    {Examiner inappropriately interrupts, incorrectly guessing what witness was about to say}

    MaCh: ​Of theft ending badly. Of theft that then degenerates because the burglar in some way thinks that he will find no-one in the house and instead finds a person, and then it degenerates … We saw that there were easier means of entry, without wishing to bore you, but behind the house there was the possibility of climbing in a much easier way, without being seen by people that might have passed in the road. Let’s remember that, in short, it was not very late; quite the contrary. Normally people passed there, for which reason, if [he] had done it, the thing would probably have been seen. That thing there, as an hypothesis, we didn’t immediately discount it, that’s clear, because it’s a good rule to never discount any hypothesis. But we immediately considered that it was not a priority.

    {Witness corrects Examiner's wrong guess, amplifies and seems to end narrative response}

    MC:​Dr Chiacchiera, I interrupt you. (The witness is shown an exhibit.)

    {Examiner, seems to acknowledge her habit of interruptions without actually interrupting, while introducing an unspecified exhibit. This introduction seems very informal, because Exhibits are normally identified by an assigned title.}

    MaCh:​Ah! I didn’t remember it as being so big.

    {Witness recognizes unspecified exhibit}

    MC:​Precisely! You saw it? This is the rock that ...

    {Examiner engages witness, stating it is "the rock".}

    MaCh:​Yes, but it has been some time I have not, how shall we say, yes, I saw it. Absolutely.
    However, it’s big, it’s huge.

    {Witness engages Examiner, commenting on how large the rock exhibit is}

    MC:​Do you consider that it could be this?

    {Examiner ambiguously (what are "it" & "this "?) asks witness's opinion}

    MaCh:​I believe so.

    {Witness seems to overlook ambiguity of Q with vague A)

    MC:​I try …

    {Examiner begins to speak but is interrupted}

    Judge Massei [GCM]:​How?

    {Court interrupts as if to ask Q how Examiner 'tries'}

    MC:​It is this. Yes, it is this one that was collected, yes, that was found.

    {Witness seems to confirm that exhibited rock is the rock found in Filomena’s room}

    GCM:​So the rock is shown. [NdT: an “aside” for the court records?]

    {Court formally announces admission of rock-exhibit, seemingly trying to reduce confusion caused by informal dialogue}

    MaCh:​Inside the room where we then found the rock…
    ??:​But what was the question about the rock?

    {Witness amplifies that rock had been found in a room, but enquires re rock Q, exposing confusion caused by informal dialogue}

    GCM:​If this was the rock. And the witness said ...

    {Court begins explanation to confused witness}

    MaCh:​I said yes. Yes.

    {Witness interrupts Court - confusion reigns}

    GCM:​You saw it? You saw the rock?

    {Court asks witness 2 Qs, trying to clarify that 'it' refers to 'the rock' that witness saw.}

    MaCh:​Yes.

    {Witness confirms that witness had previously seen the rock introduced into court as an unlisted exhibit.}

    GCM:​When you saw it, where was it?

    {Court proceeds to clarify confusion re where the rock was when witness originally saw the rock}

    MaCh:​The rock [was] in the room of Romanelli.

    {Witness specifically testifies, for witness's first time, that when witness originally saw the rock, the rock was in Filomena Romanelli’s room}

    GCM:​How far from the window? Can you say?

    {Court continues to seek clarification using double-Q.}

    MaCh: ​A few centimetres [NdT: “un palmo” = “a hand’s width”] from the window sill, under the window, from the wall where the window is.

    {Witness testifies clearly in answer to Court's 1st Q of above double-Q.}

    GCM:​So from the internal perimeter wall, from where the window gives onto it, a “hand’s breadth”. So 20 centimetres…

    {Court apparently begins to seek verification of witness's testimony, but is interrupted}

    MaCh:​Mr President ....

    {Witness begins to Interrupt Court}

    GCM:​... away from it approximately.

    {Court finishes his interrupted statement}

    MaCh:​Yes.

    {Witness agrees with Court's completed statement}

    GCM:​And this is the rock. You remember it.

    {Court states his understanding in form of Qs.}

    MaCh:​Yes, yes, yes, yes. That is the rock.

    {Witness impatiently agrees with Court's understanding}

    MC:​At least as far as size and colour [are concerned], it corresponds thus to the one that was collected [as evidence].

    {Examiner makes statements in form of Q, seeking verification of resemblance of exhibit-rock to original rock}

    MaCh:​At least as far as size and colour [are concerned], it absolutely corresponds. If it was collected, I think that ...

    {Witness begins narrative agreement with statements of Examiner, but is apparently interrupted by Examiner}

    MC: ​Very well. WITNESS [sic? Should be MaCh?] and Romanelli’s room was a complete shambles. The clothes were on the floor, the glass was strangely on top of the clothes, the [glass] shards were strangely on top of the … on the windowsill, let’s put it that way.

    {Apparent Transcriptional confusion attributing to interrupted witness narrative the interrupting .statement of Examiner}

    MC:​The outside one.

    {Examiner seems to amplify statement of Examiner wrt which window-shutter witness had been referring-to}

    MaCh: ​The outside one, precisely. The one that is between the shutters and the shutters [sic. NdT: “imposte” in Italian, but this can also mean shutters, or flap, as in the inner “scuri” shutters, or he may mean the window-frame itself, with the window-panes, given his following description], the green shutters and the shutters, the broken ones in short, where the glass is. The shutters – the wooden ones. The rock was a bit too close with regard to the wall if I [were to] throw it from least two metres. Unless it was lobbed [i.e. thrown in a high arc]. But in that case it’s rather unlikely that it would smash the glass. For that reason, I repeat, in the context of immediate likelihood, this one …

    {Witness agrees with Examiner that he was referring to "The outside one", continuing with narrative of reasoning, but is interrupted by Examiner…}

    MC:​Yes, it’s true. These are considerations. However they are considerations, shall we say, that refer [sic], because they are reasoning/lines of thought that are formed in the “immediacy” of the events [NdT: i.e. “in the immediate aftermath”. NOTE: throughout the text, a number of speakers use “immediatezza” (lit. “immediacy”) to convey a number of meanings, from “in the immediate aftermath”, or “in the immediate surroundings”, or “very soon after”, etc. I will translate them appropriately according to the context, without further explanation of the use of “immediatezza”], in order to proceed in one direction rather than another.

    {Examiner, interrupting witness, apparently agreeing with witness's reasoning. While Examiner is apparently stating his own argumentative reservations re the possible evolution-in-time of witness's changing lines of reasoning, he is interrupted by Giulia Bongiorno, Sollecito defense lawyer:}

    Giulia Bongiorno [GB]: ​I never like to interrupt an examination [of a witness], however if one wanted, between the Public Prosecutor’s hypotheses, to do that [sic] of demonstrating that from a ballistic point of view it is not possible, then the ballistic expert should be called.

    {GB interrupts Examiner to comment that Witness and Examiner are expressing opinions on Ballistics that require the testimony of a Ballistic Expert.}

    MC:​But in fact, his considerations are not the considerations of an expert: they are the considerations of an investigator who made certain deductions in the immediacy of the events.

    {Examiner argues that witness's testimony is that of an investigator's temporal train of thought.}

    MaCh:​It happens to us too, at times, to reason/think rationally …

    {Witness joins colloquy, amplifying Examiner's argument.}

    GCM:​These reasonings/deductions, then determined your investigative activity in one direction rather than in an …?

    {Court seems to invite further amplification by witness}

    MaCh: ​Yes, obviously, Mr President. I was trying to ... (overlap of voices) it is a premiss/basis to be able to then, how shall we say, reach – I won’t say conclusions – but in order to try to understand what our way of broaching the thing was, there and then. We had, I reassert, reasoned immediately also on via Sperandio. So the first thing, I may say, [was] the unlikelihood, or at any rate it was not the top priority hypothesis, the one of a prowler/ill-intentioned person entering. The open door without signs of break-in. But above all, a young woman who is [sic] probably killed in her own room, nude or almost nude, with a wound of that type, in a lake of blood, covered with a duvet. I repeat, the door was not smashed/wrecked, there’s a broken … a window broken with a thrown rock, how can I say, it’s obvious that we immediately found this situation as … (overlap of voices).

    MaCh:​… particular.

    {Witness further amplifies narrative}

    GCM:​You formed these considerations, and what did they lead you to?

    {Court asks simple Q.}

    MaCh: ​That very probably the author or authors knew the person, or at any rate that the author or authors did not enter … did not enter from the window-pane of that window.

    {Witness responds with his conclusion that the authors of the faked break-in did not enter from the window-pane of that window.}

    GCM: ​Excuse me a moment, just to give some guidelines, but of the evaluations that the witness is expressing, obviously it’s not that they can be taken account of, however we will acquire them [for the trial files] in order to understand the investigation activities, the appropriateness of the investigations that were carried out, directed in one way or in another, there you go. However, maybe, … there you go, yes, maybe if we can manage to keep with the bare essentials this will help everybody.

    {Court proceedings seem to have been diverted into a free-for-all colloquy, with multiple participants chiming-in, and creating confusion. Court-President, GCM, now politely intervenes, apparently trying to restore order, ruling that the professional evaluations made by the witness, testified-to by the witness, should be admitted for the trial files. The appropriateness of the witness's evaluations can be dealt with separately and later.}
    _________________________________________________

    This segment of Chiacchiera’s Testimony re the Crime Scene, which he believed had been remodeled by the criminals to dupe Investigators into believing that there had been a burglary, committed by a single criminal, is paused here because it is so prolonged.

    Analysis of Chiacchiera’s Testimony will continue in a future post.

     


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