Series The two knives

Friday, May 11, 2018

Overview Of All Our Powerpoints For Those Many On Media Threads Praising Them

Posted by The TJMK Main Posters



Perugia from the Rome direction; railway station at center-left

1. Post Overview

These brilliant Powerpoints have been getting effusive praise online and in emails by many who began with them.

Others have posted asking how to find them.  We are very grateful for their interest. Here they all are, the complete set. One is by James Raper, one by Fly By Night, two by Nikki, and the others by that indefatigable frog Kermit.

They are often very funny, mostly bothersome to the humorless Knox attack-sheep, and always technically excellent. But their main draw appears to be that they are so explanatory, so highly compelling.

Watch a few and the sense that the Italians got things right can get to be unshakable.  While videos can be telling, Powerpoints look to be even more telling. Other victim sites might well benefit from this model.

2. All Our Powerpoints

1. Click for Post:  A Witness Trashed By Paul Ciolino For CBS In Fact Looks Very Credible (Kermit)

2. Click for Post:  A Comprehensive Guide To The Relevant Locations (Kermit)

3. Click for Post:  A Minute By Minute Visual Guide To The Events On The Night (Kermit)

4. Click for Post:  A Very Odd House, In A Very Odd Location (Kermit)

5. Click for Post:  A Graphical Tour Of The Crime Scene Itself (Kermit)

6. Click for Post:  Trace Evidence Seems To Confirm More Than One Perpetrator At Scene (Kermit)

7. Click for Post:  DNA Evidence - A Very Clear Intro To A Vital Subject Here (Nikki)

8. Click for Post:  Forced Entry Via Filomena’s Window Fails The Giggle Test (Kermit)

9. Click for Post:  Defense Claim AK & RS Couldn’t Have Disposed Of Meredith’s Phones Is Wrong (Kermit)

10. Click for Post:  The DNA Evidence May Be A Tough Mole To Whack (Nikki)

11. Click for Post:  Countering The Spin By The Defenses On The Recent Cottage Break-in (Kermit)

12. Click for Post:  Telling Evidence Against Sollecito The Experts Seem To Have Got Absolutely Right (Kermit)

13. Click for Post:  150 Questions For The Defendants They Have Incessantly Avoided (Kermit)

14. Click for Post:  The Telling Case Of The Doctored Footprint (Kermit)

15. Click for Post:  Justice For Meredith - The Thoughts Inspired By Two Mountains (Fly By Night)

16. Click for Post:  We Now Examine The Compelling Evidence For The REAL Railroading From Hell (Kermit)

17. Click for Post:  Total Evidence Suggests Knox And Sollecito Guilty As Charged (James Raper with Kermit)

18. Click for Post:  Katie Couric Interviews Raffaele Sollecito! We Already Have A Sneak Preview!! (Kermit)

19. Click for Post:  Placing The Noisy Claimant Doug Preston In The Hot Seat (Kermit)

20. Click for Post:  On Contradictions, Here Preston Contradicts Preston (Kermit)

21. Click for Post:  Diane Sawyer’s Very Tough Interview With Amanda Knox: ABC’s Sneak Preview! (Kermit)


Tuesday, March 20, 2018

Innocence Project: Seven Years Clutching Knox And Trashing Italian Justice To Joy Of Mafias #2

Posted by KrissyG



Long post. Click here to go straight to Comments

1. Post Overview

Previously main poster Hopeful showed up the intensely superficial grasp of the case by an Innocence Project founder who is a lusty huge booster of Knox.

We see no sign that anyone in the Innocence Project (IP) has ever done due diligence, or has any better grasp of the case than Jason Flom. We certainly don’t see any on video or in print. We see only appallingly misleading and illegal work…. and nothing else. As Hopeful said in that post:

Anyone who thinks Idaho IP representative Greg Hampikian’s seemingly illegal involvement in the court-ordered DNA re-testing was somehow competent and truth-based should read KrissyG and James Raper for two blasts of reality.

This may come as a surprise. In ten years nobody whatsoever has ever landed the slightest blow on the huge (though not pivotal) DNA component of the case.

The defenses and many others have seriously misrepresented it, yes, but that is something else.

2. Chief IP Misleader Hampikian

Nearly a year before Knox ever turned up at her first Innocence Project meeting in Oregon, we had highlighted IP Idaho rep Greg Hampikian’s very misleading work here.

Our main poster the Machine had acidly remarked about Greg Hampikian in that post:

    1. He is ignorant of most of the basic facts of the case.

    2. He hasn’t read the official court documents in their entirety, but has instead relied on Amanda Knox’s family and supporters for his information without bothering to do any fact-checking.

    3. He incessantly downplays or misrepresents the hard evidence against Amanda Knox and Raffaele Sollecito and overstates that against Rudy Guede.

    4. He doesn’t limit himself to his own narrow area of expertise, but speaks about other aspect of the case and gets basic facts wrong.

    5. Like so many in the seedy defense operation he ridicules his counterparts in Italy, most of whom are much better qualified in criminal-case DNA than he is.

Do please read all of the Machine’s very damning post. Note that Hampikian has never ever tried to answer back, though he is still as much of a self-infatuated rooster as before. I would add to the Machine’s profile of Hampikian these further revealing points:

    1. In an aura of personality cult he incessantly proclaims that he is the founder and director of the Idaho Innocence Project.

    2. He took quite a shine to Amanda Knox and went white-water rafting with her.  He broke with his wife, shortly after.

    3. This absurd claim appears on his Wikipedia page - those are often written by the “celebrities” themselves:

    During the high-profile case of Amanda Knox, on May 23, 2011, Greg Hampikian announced that, based on its independent investigation and review, DNA samples taken at the crime scene all pointed to African drifter Rudy Guede and excluded Knox and Sollecito. Upon reexamination of the DNA, he concluded that the evidence is unreliable and contaminated. Hampikian’s findings are one of the main reasons that Knox and Sollecito were set free.

    Really?! The mafias had no role? Hard to believe from this that Hampikian was never an official witness put under cross-examination at the trial or appeals. He had zero official role, and the very extensive DNA evidence really proved nothing of the sort. More DNA samples of Knox than of Guede were at the scene. No contamination was ever proven.  In fact, it was categorically ruled out by the courts.

    4. He has appeared in numerous Youtube clips in especially prepared tv shows, in which he presents himself as “the objective scientist” not letting on that he is essentially only a PR shill.

    5. Hampikian was claiming a government grant for his department at Boise State University.  Journalist Andrea Vogt suspected he was using the funds to promote Amanda Knox’s marketing.  Vogt applied for information under the Freedom of Information Act.  Hampikian evaded the demand by claiming his work was a top trade secret. Academic scientists are supposed to be transparent and make their work replicable and peer-reviewed by other scientists.  So Vogt’s instincts seem correct, given the unlikely reason.

    6. He praises himself on his wiki page as “Prof. Hampikian is also an accomplished amateur folk singer and songwriter.” Indeed, he appears on a Youtube video, sounding like a hundred cats in pain singing about his d-i-v-o-r-c-e., after his rafting expedition with Knox.  She appears grinning by his side in pictures.

    7. He has given evidence under oath in court several times (though never in Italy) claiming he was THE expert who got Amanda Knox “exonerated”.  Knox has never been exonerated, certainly not on the DNA evidence, and the mafias clearly had a role in springing the pair. So, Hampikian is not someone who takes solemn oaths seriously, although his illegal interference was real. 

    8. The defence lawyers for Paul Jenkins and Fred Lawrence are currently in court to try to pin the DNA evidence on another convict, David Wayne Nelson, with Hampikian as the ‘expert DNA witness’ claiming,

‘“I do a lot of cases,” said Hampikian. “This is the second time I can remember one of my cases where it cleared two men and someone else is a hit to the database.”

He doesn’t say to whom he is referring in this absurd claim, but no doubt it is Knox and Sollecito with Guede as the ‘hit’.  Hampikian, thus, is a stranger to the truth, as Knox and Sollecito’s DNA at the crime scene is legally sound.

Comment by Ergon

Examples of typical dishonesty from Greg Hampikian in this article

1. “We asked the Italian lab to supply validation of such a sensitive measurement, but they never complied”.

Yes they did, though maybe not to the professor from Idaho.

2. “a new study on the knife was then ordered in Italy. This failed to repeat the DNA finding”.

They didn’t retest the ‘DNA finding’.

3. “This finding was never repeated, despite many attempts”.

There was only one attempt, which the defense accepted as all that could be done.

4. “As DNA consultant for the defence in the Amanda Knox case”.

You weren’t hired ‘by the defense’ but inserted yourself in your personal capacity using public funds.

5. “but when fingerprints and DNA from the scene were analysed, only two profiles were identified: those of the victim and Rudy Guede”

Also Raffaele Sollecito’s, and Amanda Knox’s blood DNA mixed with Meredith Kercher’s.

6. “Calls followed for global standards on use of low copy number DNA”.

Raffaele Sollecito’s DNA profile on the bra clasp wasn’t LCN DNA, nor was contamination proven against any of Stefanoni’s findings.

7. “a kitchen knife at Sollecito’s house. It didn’t match many wounds on the body and tested negative for blood.”

Because there were two knives, and it tested negative for blood because it was rigorously washed in bleach.


3. Who Manages Or Crosschecks Hampikian?

Hampikian seems to have a pass to claim whatever he wants in the name of the Innocence Project. No quality control, no peer review, no reporting, no accountability at all. Just a near-endless stream of lies.

If Hampikian was to be checked out and made to stop lying and acting as a PR shill, and to stick only to the truth, whose job in the IP would be that? Presumably the man at the top. Barry Scheck.

Has Barry Scheck been asleep at the switch? If so, not for the first time. .



4. Ten Quick Facts About Barry Scheck

1. Born 1949, at Yale Scheck was a ‘fervent anti-war demonstrator’.  In Los Angeles he was a key member of OJ Simpson’s ‘dream team’, which got OJ off a murder rap in 1995.

2. Barry Scheck, as a law professor at the Benjamin N. Cardozo School of Law in New York City, is a forensic and DNA evidence expert. He joined the “Dream Team” to help them ‘harness the power of forensic and DNA evidence’ to assist in Simpson’s defence.

3. Scheck is also known for his work as co-founder and co-director of the Innocence Project, a non-profit organization that uses DNA evidence to ‘clear the names of wrongfully convicted inmates’.

4. Scheck co-founded the Innocence Project in 1992 with Peter Neufeld, also his co-counsel on the O.J. Simpson defence team.

5. The Project claims it is ‘dedicated to the utilization of DNA evidence as a means to exculpate individuals of crimes for which they were wrongfully convicted’.

6. To date, it claims 343 wrongful convictions have been overturned by DNA testing ‘thanks to the Project and other legal organizations’.

7. The Innocence Project claims ‘it does not use legal technicalities to challenge convictions; the Project accepts only cases in which newly discovered scientific evidence can potentially prove that a convicted person is factually innocent’.

8. Scheck unsuccessfully defended British baby sitter Louise Woodward against a charge of killing a baby in her care, shortly after the OJ acquittal, leading some to perceive a ‘backlash’ against his defence methods.

9. Scheck and Neufield were heavily criticised in 1999 in a case where eight cops were charged with abusing Abner Louima or shooting dead Amadou Diallo-to benefit their own civil cases on behalf of those victims, putting the police at risk of an unfair trial.

10. Scheck and Neufield called a press conference before the criminal trial, revealing potentially incriminating evidence against the four policemen from an autopsy report, which revealed Diallo was shot in his foot and legs whilst already down. Their ethics were questioned.  Outside the press conference, 1,000 Scheck supporters chanted, ‘“No justice, no peace, no more racist police.”

5. So The Bottom Line On Scheck Is?

Thus, we have a picture of someone who sees himself as a warrior for social justice, and anti-establishment.  Scheck uses his privileged position as a lawyer and DNA expert to help the disadvantaged and oppressed.

However, after the OJ Simpson trial, which saw Scheck shoot to fame, and not necessarily in a good way, but as a silver-tongued crafty defence lawyer who could persuade a jury that night is day by any means at his disposal, regardless of ethics, there emerges a hint of a ruthless man driven by an urge to get the better of his perceived opponents.

So far so good, this is 100% of what we the public have cynically come to expect of a winning-at-all-costs lawyer.  We want them to write our ‘strong letters’ for us, or to win our compensation; perhaps get us off a rap.

We want them to ‘be on our side’, and when you are poor, dispossessed and otherwise ‘invisible’ to the establishment, finding such a high-profile lawyer to champion your case, then fawning gratitude transforms into hero-worship and cult following.

Such is the effect of Scheck’s Innocence Project, thousands of prisoners in the USA claiming to be ‘wrongfully convicted’, whether they are or not, flock to sample the ‘exoneration’ he holds out as the prize for joining up.

Add to the pot US attorneys who as part of their standards are expected to devote a substantial part of their time towards ‘pro bono’ work (free representation), then the ready pool of the poor and deprived that make up the Innocence Projects are ready made clients for them.

6. IP Does Indeed Do Some Good Work

We have shown again and again that American law enforcement, justice and incarceration systems, not their Italian equivalents, are the systems where injustices are off the charts.

Read for example the series of three posts starting here.  An estimated 200,000-plus sitting in prison because prosecutors scared them into a plea-bargain.

Barry Scheck’s target group and release rate is absolutely miniscule compared to this 200,000, but it is not a net negative on the whole. Every little bit of pushback can help. Scheck’s interviews and speeches are often good.


 

7. But Things Do Go Badly Wrong.

The Medill Innocence Project Case

There seems plenty of evidence that the Innocence Project is only loosely managed from the top. Other grandstanders and corner cutters and law-breakers like Hampikian are far from unknown.

And to IP host institutions like lawschools “mistakes” like this one below can bring major harm.

In the Medill Innocence project, a professor at Northwestern University’s Medill School of Journalism, David Protess, was picked to head this.

His work had overturned convictions in a number of high-profile cases that won freedom for the ‘wrongfully imprisoned’ and earned him fame and prestige that included a TV-movie deal and a new post. From the start, Protess got his law students to were acting as amateur gumshoes, Protess dispatched them to interview witnesses and dig up new evidence.

Protess was looking for wrongful convictions.  He thought he had found one in Anthony Porter, who had narrowly escaped execution for a 1982 murder and had since served fifteen years, after winning a last minute reprieve.

Protess was keen to highlight that the State had been prepared to execute an innocent man, and he and his private eye students pinpointed an ‘alternative perpetrator’ in Alstory Simon.

“This investigation by David Protess and his team involved a series of alarming tactics,” the Cook County State’s Attorney, Anita Alvarez, said in her statement after Simon’s eventual release.  The Medill Innocence Project’s tactics, “were not only coercive and absolutely unacceptable by law-enforcement standards, “they were potentially in violation of Mr. Simon’s constitutionally protected rights.”

From the Daily Beast in 2014:

Perhaps the worst of those alarming tactics were used by Paul Ciolino, a private investigator working with Protess who got Simon to confess to the murder. According to Alvarez’s findings, Ciolino threatened Simon, promised him a short sentence and financial rewards for cooperating, and used an actor to play a witness who accused Simon of the shooting.

Finally, Ciolino volunteered a lawyer, Jack Rimland, to represent Simon in court. Rimland, a personal acquaintance of Ciolino, may have had a conflict of interest defending a man that his associate was trying to prove guilty, but that didn’t stop him from taking the case.

At the time, it did the trick. Alstory Simon confessed to the murder on video and within days, after more than a decade on death row, Porter walked free.

The State prosecutors then had to spend time and money retrying Porter and reaffirming the seemingly overwhelming evidence of his guilt (six eye witnesses named him).  However, the case against Porter was dropped a month later.  Following on from this case, Illinois banned the death penalty, in 2011.

More from the report in the Daily Beast.

After initially defending the program, Medill launched an investigation of its own. In the end, it was found that students working under Protess had used false pretenses in trying to elicit witness statements.

More damningly, the professor’s claim that the records from his class’s work were protected by journalistic privilege was undermined by the discovery that he’d altered an email instructing that the project’s findings should be turned over directly to defense counsels without any copies retained.

When it was all over, Protess had negotiated his retirement and left the school. His reputation bruised but with legacy of his central victory—winning Anthony Porter’s freedom—still intact.

After Simon’s release last month and the accusation that Protess helped put an innocent man in prison for 15 years, possibly freeing a killer in the bargain, his legacy may be the least of his concerns.


The IP Role

This is a perfect illustration of what can happen when badly supervised lawyers try to solve a case outside of a courtroom.  Delusion, fanaticism and a disregard for due process can blind an Innocence Project lawyer or law student to the truth of culpability.  In other words, they find themselves fighting the establishment, whatever that is, rather than true injustice.

The State prosecutor, Alvarez, said at the time:

“The bottom line is, the investigation conducted by Protess and private investigator Ciolino as well as the subsequent legal representation of Mr. Simon were so flawed that it’s clear the constitutional rights of Mr. Simon were not scrupulously protected as our law requires.”

In 2016, Alstory Simon filed a $40m lawsuit From the Chicago Tribune.

A federal judge on Tuesday gave the green light to a $40 million lawsuit alleging Northwestern University and former star professor David Protess conspired to frame a man for an infamous double murder that became one of the most significant wrongful conviction cases in Illinois history.

The lawsuit brought by Alstory Simon alleges Protess and private investigator Paul Ciolino manufactured bogus evidence, coaxed false statements from witnesses, intimidated Simon into confessing and set him up with a lawyer, Jack Rimland, who coached him to plead guilty.

In denying a motion to dismiss the lawsuit, U.S. District Judge Robert Dow said that it was plausible the money and publicity Protess had brought to Northwestern had allowed a culture of lawlessness and unethical conduct at the university.

The Bombshell Twist

In June 2017 Chicago Tribune reported a ‘bombshell’ twist.  It was revealed that in 2014 at the time of Simon’s release a 28-page internal report wherein the deputies of the then State Attorney Alvarez had concluded, ‘there is not sufficient evidence to seek to vacate Simon’s convictions’. 

Many High-profile Innocence ‘Exonerees’ Earn $’000’s

Simon is like so many prisoners released early, whether or not there is an ‘Alford’ deal – where release is on condition the prisoner accepts the State does not accept liability that the conviction was wrongful and no ‘certificate of innocence’ is provided.

This type of deal is true, for example, for ‘Sunny’ Jacobs, released from death row and finally prison for her role in the murder of two policemen in Florida, and the notorious WM3 which includes Damien Echols, who has since made millions from books and tours on the back of ‘innocence’.

Amanda Knox, Damien Echols and the other two WM3 are listed by All American Entertainment as exonerated ‘speakers’ charging up to $10,000 a time.  Yet none have had a ‘certificate of innocence’.  Thus, by Ciolino’s own words, they cannot be classed as ‘exonerated’.

Cook County ‘Wanted to Prosecute David Protess and Paul Ciolino’

The reason Cook County gives for refusing to vacate Simon’s conviction is because he failed to come clean on the deception a taking a rap for another man’s crimes in exchange for a shorter sentence.  The reports states:

Simon was not a child or inexperienced at any relevant time. As of 1982 he had accumulated an extensive criminal history. He had been arrested for robberies or armed robberies five times between 1966 and 1977. He had three felony or armed robbery convictions. ... He was 47 when he (pleaded) guilty. This certainly complicates his claims regarding coercion and being misled.

The report criticises the ‘less than ideal circumstances’ in which Ciolino tricked Simon into confessing the first time, after which Simon continued the masquarade by spontaneously admitting to firing the fatal shots for some time after his conviction.  For example, in a letter to his lawyers.

However, in spite of these reservations, Alvarez had called a news conference and announced there was ‘no other conclusion’ than that Simon should be freed.  Pointedly, she indicated that if it were not for the statute of limitations (time limit for bringing a charge) she would have prosecuted Protess and Ciolino.

Subsequently she declined to send representatives to contest Simon’s effort to win a “certificate of innocence,” a document that allows wrongfully incarcerated, factually innocent persons to collect cash damages from the state.  It was because whilst Simon probably did not commit the murders, he was part of the innocence fraud which put him in prison and which freed Porter.

Paul Ciolino Hits Back

The latest news, as of January 2018, leading on from the supposed ‘leaked’ document of 2014 which showed Simon’s convictions were merely ‘vacated’ is that Paul Cionlino is suing Simon, Alavarez, and a couple of the ‘Park’ filmmakers, a Chicago Tribune journalist and policemen for damages for ‘defamation’.

The 66-page petition mirrors the counterclaim Ciolino filed before and which was dismissed last year.  He claims his reputation and career were destroyed by the allegations in the Simon case.  Ciolino claims Simon was ‘paid thousands of dollars’ and witnesses interfered with by these anti-Innocent Project forces. 

The Murder in the Park documentary, asserts there are many other cases where ‘the wrong man is imprisoned and the right one was freed, which Ciolino claims is defamatory.  He highlights the letter to Simon’s lawyers in which he states he killed Hillard in self-defence and Green by accident.  Ciolino’s new lawsuit is described as ‘frivolous and without merit’ (Prieb) and ‘so false as to be sanctionable’ (Ekl)

Simon had alleged Ciolino impersonated a police officer and used actors as fake eye witnesses.  He claims Ciolino said if he confessed, he’d get a shortened sentence by claiming ‘self defence’ and avoid the death penalty.  He was also ‘promised large sums of money from book and movie deals’ if he played along, the suit alleges.

Paul Ciolino Acknowledges a Vacated Conviction Does Not Mean ‘Exoneration’

If this illustrates anything, it’s that Innocence Projects running parallel to the US legal system can cause all sorts of chaos and confusion.  In effect, Alvarez the State Prosecutor having freed Simon, is now refusing to vacate his conviction.  The Innocence Project does not see a vacated conviction as an ‘exoneration’ as evidenced by Ciolino suing for defamation on the grounds that ‘Simon is guilty after all’.

If a vacated conviction does not mean exoneration to people like Ciolino, then people like Ryan Ferguson, the West Memphis Three and Amanda Knox, whom the Innocence Projects spearhead as their ‘Star Exonerees’ are gods with clay feet standing on a false pedestal.

It calls into question the integrity of Innocence Project lawyers, such as Kathleen Zellner, who is said to earn more than $12m per annum as a conservative figure.  The last published Annual Report of the Innocence Project shows a turnover of $26m, with a surplus gain of >$3m in the ‘not-for-profit’ org in 2016.  Zellner is famous for obtaining ‘death bed’ confessions from prisoners on Death Row taking the rap for the alleged crimes of her clients, thus securing their release.

8. My Conclusion About This Above

Given these pressures and these possibilities for mismanagement, what of the IP’s illegal intervention into the case in Italy? What of the false touting of an “innocent” Knox? What of the trashing of Italian justice, in witting or unwitting harmony with the mafias?

Another IP trainwreck waiting to happen. And happen it did.

9. Tip For IP Contributors

On Amanda Knox. Innocence Project Idaho rep Hampikian’s ONLY achievement was to be main cause of annulment of 2011 appeal, to anger of defense counsel. Thus he subjected Knox and RS to much tougher appeal, leading to desperate measures to bend Supreme Court. Thus Hampikian directly caused mafia involvement that Knox and RS must hide for life.


Thursday, April 27, 2017

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

Posted by James Raper

Our YouTube whiz DelPergola’s video of November 2010

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

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

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

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

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

The significant elements in the examination were described as follows :

A fine pattern of petechiae on the internal eyelid conjunctive.

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

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

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

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

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

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

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

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

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

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

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

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

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

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


—————————————


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

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

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

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

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

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

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

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

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

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

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

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

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

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


—————————————————-


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

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

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

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

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

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

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

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

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

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

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

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

 


Sunday, October 23, 2016

Netflixhoax 14: Omitted - Any Mention Of Big Red Flag In Forced Closing Of Vecchiotti’s Laboratory

Posted by The TJMK Main Posters


Netflix’s Amanda Knox is an extreme example of misleading bias by cherrypicking. This post is another in our ongoing series, the mothership for material for this media-friendly page online soon.



This post is one in our ongoing series.

Amazingly EIGHTEEN MONTHS AGO Dr Carla Vecchiotti became quite possibly the most discredited DNA expert in the world, when news about her appalling lab conditions exploded in Italy. 

In their narrow-minded fanaticism to make Dr Mignini the most reviled prosecutor in the world - and Nick Pisa the most reviled reporter - the producers somehow left that awkward fact out of their report entirely. She and Dr Conti are given major time in the film to misrepresent key evidence. 

Netflix’s own due diligence (if any; we think not) missed all of this entirely. Now thanks to Netflix the misrepresented evidence and Vecchiotti’s discredited opinions of the Scientific Police labs are being given credence as hard fact worldwide.

KrissyG in her own excellent review of the movie summarised the conditions that led to the lab being closed down. It happened directly because the Carabinieri DNA experts Dr Barni and Dr Berti appointed for the 2013-14 Nencini appeal (which Netflix also omitted any mention of) visited the place to inspect it, and to pick up some key evidence, a DNA sample from the knife.   

They made mention of what they encountered in their report and in court testimony. That was nearly three years ago (January 2014) long before the final cut of the movie and long before the sale to Netflix was a done deal.

In our view this HAD to be yet another deliberate dishonesty. 

2. Catnip’s Translations Of Main Italian Reports Of Lab Closing

Catnip kindly provided us with these translations of some of the Italian news reports 18 months ago.

The March 2015 report from News 24

The Medico-Legal Institute of Sapienza University in Rome was closed down this morning.

For some time it has been known that unhygienic conditions were the norm in the Institute and the Rector of the University has decided today, in anticipation of NAS findings, to shut down the entire mortuary.

Sapienza’s Institute did not have adequate space to accommodate the large number pf bodies and quite often they had to be spread out along the corridors.

The hygiene rules were onerous and the building inadequate. It was for this reason that the Public Prosecutor’s Office had ordered a detailed report by NAS which would have presented their findings within a few weeks.

The Rector of the University, Eugenio Gaudio, has pre-empted the PPO’s expected closure of the Institute. The closure, explains Guadio, had been necessary to prevent the raising of legal questions as regards the autopsies being carried out, which would have risked the results being no longer reliable in future.

During the NAS inspections, even cadaver remains from 1990 had been found, a serious anomaly due to, as the mortuary attendants explained, the fact that no one had ever reclaimed the bodies. Another serious problem at the Sapienza Institute is the huge disorder that reigns inside the building, where, in point of fact, cadavers are to be found out in the corridors.

The March 2015 report from Corriere.

Rome: bodies in the mortuary corridors, Medico-Legal Institute of Sapienza closed

The Rector’s decision anticipates the MOSSA by the Prosecutor’s Office which has been investigating conditions at the Medico-Legal Institute of Rome’s flagship university

by Giulio De Santis

ROME – The University of Sapienza’s Legal Medicine Institute has been closed for health reasons. The decision has been made by the university’s Rector, Eugenio Gaudio, who made the order before the Prosecutor’s Office could make a move. At Clodio Place the investigators, in fact, are expecting the filing of a report by NAS, where serious hygienic shortcomings by the management of the Institute are highlighted.

Unreliable autopsies?

The closure has been necessary to head off the raising of questions relating to future autopsy results that would have risked being unreliable. The problems discovered by the Carabinieri of the Health and Food Adulteration Unit – and noted to the university administration – relate to, in fact, the equipment, starting with the tables, intended for carrying out autopsies, which have deteriorated during the course of time. The oldest have been in the building since the early 1980s while those acquired more recently go back to ten years ago. Even the instruments used to examine the cadavers have deteriorated and should be replaced.

Cadavers in the corridors

During the inspections, remains of cadavers preserved since 1990 were found. An anomaly due to the fact that no one had ever reclaimed the bodies. The other problem raised by the doctors at the Institute and revealed by NAS is the disorder that reigns in the Institute, where it is possible to see cadavers in corridors due to the lack of space in which to store them. Sapienza has now promised to proceed with restoration works. There is lack of certainty though on the end point by which the Institute will become operative again. There is no compulsory time limit but the university has guaranteed a return to normality by the beginning of May.

Transferring the bodies

Contributing to the uncertainty are Sapienza’s empty coffers and the collection of funds is expected to be complicated. In the meantime, to try and minimise the impact of the closure, autopsies will be carried out at the Tor Vergata Institute directed by Professor Giovanni Arcudi. The bodies have already started to arrive in the last few days in the mortuary of that university and in some cases the work has been given to specialists from the Gemelli Polyclinic. A case file has been opened by the Prosecutor’s Office and assigned to Antonella Nespola who in October had already ordered the sequestration of the mortuary. The decision to close the Institute has been communicated to the Prosecutor’s Office, who is caught out by the choice.

The March 2015 report from RAI News.

Rome, Medico-Legal Institute closed. The Public Prosecutor’s Office is investigating health conditions. The decision of the Sapienza University Rector Ettore Gaudio. Cadavers from 1990 found.

Cadavers in the corridors because of lack of space for storing them, serious health issues in the management of the Institute. For this reason, Sapienza’s Medico-Legal Institute has been shut down for health reasons. The decision was made by the university’s Rector, Eugenio Gaudio, who made the order before the Prosecutor’s Office could make a move. At Clodio Place the investigators, in fact, are expecting the filing of a report by NAS, where serious hygienic shortcomings by the management of the Institute are highlighted.

The closure had been necessary to pre-empt questions being raised about the risk of future autopsy results being unreliable. During the inspections, cadaver remains preserved from 1990 were found. An anomaly due to the fact that no one had ever claimed the bodies. The other problem raised by the doctors at the Institute and noted by NAS is the disorder that reigns in the Institute, where it is possible to see cadavers in the corridors because of the lack of storage space.

The March 2015 report from Cronaca

Cadavers in corridors, Medico-Legal Institute in Rome closed
Rector Eugenio Gaudio’s decision: «Autopsy results at risk».
01 March 2015

There were cadavers in the corridors due to lack of space, as well as serious health issues in the management of the building. For this reason the Medico-Legal Institute at Sapienza University in Rome has been closed for health reasons.

RECTOR’S DECISION. The decision had been taken by the unicersity’s Rector, Eugenio Gaudio, who made the order before the Public Prosecutor’s Office could act. At Clodio Place, the investigators, in fact, are expecting the filing of a NAS report, where serious hygiene problems in the management of the Institute are highlighted. The closure was necessary to forestall questions being raised concerning future autopsy results which would have been at risk of being unreliable.

REMAINS OF CADAVERS FROM 1990. Inspections revealed remains of cadavers preserved from 1990. An anomaly due to the fact that no one had ever reclaimed the bodies. The other problem raised by the doctors at the Institute and noted by NAS is the disorder that reigns in the Institute, where it is possible to see cadavers in the corridors because of lack of space to store them.

The March 2015 report from Dagospia.

Sad corridors dimly lit. A room with refrigeration units from the 1980s, dozens of units occupied by the bodies of persons deceased by violent means and never recognised, never asked for, and, if foreigners, never repatriated. It’s here that, as many say, along the basement corridor it is even sadder: there’s no space inside and the cadavers are just left there, on trolleys, at times not even in mortuary bags. The smell, they say, is pungent and nauseating. To say nothing of the dissection tables and the equipment, or even the safety of the workers. Non-existent.

And so the Public Prosecutor’s Office launched an investigation by NAS, the Carabinieri of the Health and Food Adulteration Unit [nucleo antisofisticazione e sanità]. Eugenio Gaudio, Rector of Sapienza University — of which the Medico-Legal Institute is a part — and Domenico Alessio, Director-General of the Polyclinic at Umberto I University, have pre-empted likely legal orders deciding to shut down the building.

SAPIENZA MORTUARY

It received the latest body last Wednesday a little before midnight. The others — like that of the young man squashed on Friday night by a bus in Piazza Venezia and dying in San Giovanni Hospital — will all be, from Thursday onwards, taken to the Gemelli Polyclinic.

A truly disconcerting situation for the largest mortuary in the Capital, the Sapienza Medico-Legal Institute. Already by October month end Public Prosecutor Antonella Nespola had sequestered six operating theatres at the Umberto I University Polyclinic, which is close to the mortuary, and also placed the Medico-Legal Institute in her sights.

And «for possible contamination, likely compromised results, the building physically falling apart, cadavers in the corridors and inadequate equipment», they explain in the mortuary. «NAS inspected the mortuary when I was not even Rector» explains Eugenio Gaudio. «We are all hopeful that the restoration works will conclude as soon as possible: within two months».

MORTUARY

Eight years a scandal led to the lose of the operating theatre at Umberto I: not only were the health and safety conditions extremely bad (blood traces everywhere, building falling apart, a back and forth of funeral agency operators who were following the relatives of the deceased), but corneas were being stolen from the bodies, which in turn ended up having to be transferred from one place to another under armed guard. But today «we’re re-opening the Polyclinic dissection room» explains Gaudio. «I’ve put in an order for autopsy tables and new and modern equipment».

And even if the Rector highlights that the decision to close «had been taken in accord with the Health Director and Director-General of the Polyclinic, with all due care and authority» in the Public Prosecutor’s Office the news of the closure, which seems to have arrived with only 24 hours’ notice, has raised a storm. Chief Prosecutor Giuseppe Pignatone plays it down. But he also explains that today or at the latest tomorrow «there will be a meeting at the PPO with the top layers of management from the Polyclinic and Rector Eugenio Gaudio». And in the meantime, «for now, Gemelli will be asked to handle the immediate exigencies».

The funeral undertakers who tell of the scene from hell are describing «flies and bluebottles attracted by the odour, doors that don’t seal properly and when you go downstairs at the least you almost fall ill», as a source who works in the mortuary recalls. «But even on the first floor, where the forensic pathologists work, everything has remained stuck at 40 years ago. To say nothing of the place where the evidence is kept: all heaped up on each other, contaminated according to me unusable».

EUGENIO GAUDIO

Captain Dario Praturlon, NAS Commander in Rome who last September on delegation from the Public Prosecutor’s Office carried out an inspection, explains that «we only had to check if there were health and safety irregularities: and we had found lots of them. The employers — that is the Rector and the Polyclinic Health Director — are obliged to fix up the building. To give the workers a safe place to work. We found none of all this». The first criminal charges are expected quite soon, although relating to previous management.


3. Lab Reopens Sans Vecchiotti

The lab has been closed for 18 months but now Corriere reports its reopening under the supervision of three prosecutors’ offices, making it all but impossible for either the lab or Vecchiotti to perpetrate further transgressions.

University’s Polyclinic takes over management of Rome’s mortuary instead of Sapienza University, while the forensic pathology department is now overseen by the three relevant Public Prosecutor’s Offices (Rome, Tivoli and Civitavecchia).


Thursday, September 22, 2016

Wiki Status: Harder & Harder To Claim No Evidence Or 2009 Jury Got Verdict Wrong

Posted by azoza



A rough physical equivalent of our document library

Overview

This is a progress update on the increasingly vast Meredith Wiki file library:

Remember that much of the trial was conducted behind closed doors. Italians got good reporting from the trial, often in real-time; but those of us in other countries far less-so - though the notion that any of the fairly limited English-language media mentions in 2009 influenced the Italian jury is a seriously absurd one.

So the one and only key to getting the case right is in the documents. Absent a knowledge of the documents (as in the Netflix case) conclusions become quite vacuous.

Remember that NO media outfit ever translated any of the large documents. The Italy-based foreign reporters certainly did some for their own use and for excerpting, but all the heavy lifting was done by the teams on our cluster of websites.

Remember that NO American or British lawyer ever who is fully on top of the extraordinary number of documents has attempted to argue that this was not a strong case or that points pointing to guilt were not overwhelming.

The file library is increasingly being made into something resembling a huge book with a internal strong logic for the help of the numerous intended researchers.

You can see that logic strongly at work here.

Four search approaches

Since my article last June, there have been big changes to the file library layout. We scrapped the nested box approach due to the amount and different kinds of documents.

http://themurderofmeredithkercher.com/File_library:_Main_Page

Now there are four approaches to find files: (1) the master list; (2) by file type; (3) by subject matter; (4) by chronology of when file was made.

The last branch will be done when uploads are complete.

(1) The master list contains links to all the files, roughly in chronological order. Given the thousands of files (over 3800 now), the master list serves only as a reference point. You get a sense of document flow- what appeared when- by scrolling through the list.

http://themurderofmeredithkercher.com/File_library:_Master_list

(2) The type pages subdivide files by main types (audio, documents, images, videos) and then further subcategories.

http://themurderofmeredithkercher.com/File_library:_Files_by_type

The images category will be better filled with more files in due time. The documents category has the most subcategories with descriptions under the headings. So for instance, all court motivation reports are here:

http://themurderofmeredithkercher.com/File_library:_Court_motivation_reports

All court testimony PDFs are here:

http://themurderofmeredithkercher.com/File_library:_Court_testimony

All deposition and interrogation PDFs here:

http://themurderofmeredithkercher.com/File_library:_Depositions_and_interrogations
and police and consultant reports here:

http://themurderofmeredithkercher.com/File_library:_Reports

The above are most significant, but there are many other subcategories.

(3) The by subject pages will have pages of all files, disregarding type and date, of a particular subject. So all files related to DNA on one page; all files related to the knife on one page; all pages related to Curatolo on one page. These pages will be more detailed than other pages.

(4) By chronology pages organize files by date:

http://themurderofmeredithkercher.com/File_library:_Files_by_chronology

These pages are only PDFs for now. Eventually the other file types will be linked too. At the bottom of each chronology page is a link to the next section, so it’s possible to click through chronology pages without returning to the chronology menu page each time.

Important files:

Crime scene:

Crime scene photos were distributed by police in 5 volumes and can be found here:

http://themurderofmeredithkercher.com/File_library:_Crime_scene_photos

There are more photos in the 5 volumes than in the web page photo gallery.

A subset of these photos are in a second police document from Dec 31, 2007 done in Word. We printed it to PDF:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/photos/2007-12-31-Photobook-Police-survey-cottage-crime-scene-censored.pdf

Photos from this document were captured, censored and stored in this zip file, which has crime scene photos not in the webpage gallery:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/photos/2007-12-31-Photobook-Police-survey-cottage-crime-scene-censored.zip

Crime scene video is here:

http://themurderofmeredithkercher.com/File_library:_Crime_scene_videos

We have taken great pains to keep November 2-3 crime scene video intact with sound, censoring as necessary to respect Meredith and her family. It is the most complete version available- 1 hr 20 minutes long.

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/videos/crimescene/2007-11-02-03-cottage.mp4

There is also video of Scientific Police (Dr. Stefanoni) at Sollecito’s apartment on November 13th:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/videos/crimescene/2007-11-13-apartment-Sollecito.mp4

Police video comes from discs prepared by police, complete with menus. It’s likely the video compilations on these discs don’t show all video taken. As an example, the above video at Sollecito’s apartment seems incomplete and is cut-off at the end.

The December 2007 video of the 2nd cottage visit is complete. Police purposely distributed this video without sound.

CCTV:

We have made films of CCTV capture:

http://themurderofmeredithkercher.com/File_library:_CCTV_videos

We did this because the program and files are proprietary. We will capture photo sequences of important segments and post later.

We could not find ‘video’ for camera 7 from 00:00 to 06:00 on November 2nd. There are other cameras at the garage as well, and we are looking to find any extra footage.

DNA:

We have DNA report complete and in color:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-06-12-Report-Scientific-Police-Stefanoni-DNA-result-all.pdf

so charts are now clear. Dr. Stefanoni’s DNA report references these photos here too:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-06-12-Report-Scientific-Police-Stefanoni-DNA-result-all-photographic-attachments-censored.pdf

Egrams in color are here:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-06-04-Report-Scientific-Police-Stefanoni-DNA-result-all-egrams.pdf

Clearer Egram prints of key traces can be found on this page, and also negative controls:

http://themurderofmeredithkercher.com/File_library:_Reports

UACV report:

As mentioned by Olleosnep, this report has not been talked about, but very important crime scene analysis report:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-06-09-Report-Scientific-Police-UACV-Codispoti-crime-scene-analysis-censored-colored-and-charts.pdf

More UACV materials are here:

http://themurderofmeredithkercher.com/File_library:_Presentations

Rinaldi & Boemia:

Rinaldi & Boemia presentation showing errors in Vinci report is here:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/presentations/2009-09-18-Slides-Scientific-Police-Rinaldi-Boemia-comments-on-Vinci-report.pdf

There is much Rinaldi & Boemia presentation material on that page. They also did two reports, one on footprints and a second on shoes. Those are here, with separate photo attachments:

http://themurderofmeredithkercher.com/File_library:_Reports

Conti & Vecchiotti critiques:

Dr. Stefanoni presentation showing errors in Conti Vecchiotti report is here:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/presentations/2011-09-04-Slides-Scientific-Police-Stefanoni-comments-Conti-Vecchiotti-report.pdf

and her written report here:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2011-09-01-Report-Scientific-Police-Stefanoni-comments-on-Conti-Vecchiotti-report.pdf

Dr. Novelli report critiquing Conti Vecchiotti report is also good reading:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2011-09-03-Report-Consultant-Prosecutor-Novelli-comments-on-Conti-Vecchiotti-report.pdf

Dr. Torricelli has two reports. The second is an updated version of the first:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2011-07-29-Report-Consultant-Civil-Torricelli-comments-on-Conti-Vecchiotti-report.pdf

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2011-07-29-Report-Consultant-Civil-Torricelli-comments-on-Conti-Vecchiotti-report.pdf

Medical consultants:

This medical consultant hearing- asked by Judge Matteini in April 2008- is very important:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/testimony/2008-04-19-Testimony-CM-evidentiary-hearing-consultants-medical-all.pdf

Related reports (all censored for disturbing content):

Autopsy:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-02-12-Report-Coroner-Lalli-autopsy-final-censored.pdf

Matteini’s consultants:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-04-15-Report-Consultant-Court-Aprile-Cingolani-Ronchi-wounds-manner-of-death-censored.pdf

Mignini’s consultants (replacing Lalli):

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-04-24-Report-Consultant-Prosecutor-Bacci-Liviero-Marchionni-comments-on-Lalli.pdf

Dr. Mignini:

His case summary to the Riesame court on November 24, 2007 is important. It shows an early description of the case:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/notices-prosecutor/2007-11-24-Notice-Prosecutor-case-summary-for-Riesame-court-Knox-Sollecito.pdf

He made a case summary for Guede too in December 2007:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/notices-prosecutor/2007-12-10-Notice-Prosecutor-case-summary-for-Riesame-court-Guede.pdf

Formal charges issued in English from July 2008:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/notices-prosecutor/2008-07-11-Notice-Prosecutor-sending-case-to-trial-English.pdf

Final fingerprint report:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-01-31-Report-Scientific-Police-fingerprints-cottage-final-censored.pdf

Court testimony:

There is much more court testimony now. Matteini, Micheli, Massei, Hellmann Nencini, but also Guede appeal court Borsini. All testimony is here:

http://themurderofmeredithkercher.com/File_library:_Court_testimony

Much of Micheli is audio only, which is here:

http://themurderofmeredithkercher.com/File_library:_Court_audios

Various:

This Kokomani interview with Canale 5:

http://themurderofmeredithkercher.com/File_library:_Interview_videos

shows Kokomani in a good way. Court transcripts with him seem confusing, but here he is easy to follow.

This video shows unpacking of kitchen knife on February 26, 2008 in front of all consultants:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/videos/misc/2008-02-26-Knife-review-by-consultants.mp4

The meeting was after knife was tested for DNA, but shows the original box used.


Wednesday, June 17, 2015

Major Additions To Meredith Kercher Case Wiki To Provide Complete Impartial Overview in English

Posted by azoza



Image is of the very beautiful Perugia at night

Origin and mission

The impartial Murder of Meredith Kercher Wiki began in 2013.

The seed was people discussing how to overcome the flawed Wikipedia article of the case. That article relied on sources like Candace Dempsey, Nina Burleigh and American media. In other words, biased or incomplete sources.

In May 2013, Edward McCall set up the website, with the help of volunteer editors from the Perugia Murder File community. Its mission statement was:

Were Amanda Knox, Raffaele Sollecito, and Rudy Guede responsible for the death of Meredith Kercher? This wiki style site was created by a group of volunteer editors to inform the public about the case, by providing translations of original documents and evidence presented at trial.

This continues to be the aim of the Wiki: to make available documents and translate them properly. Our interest is not selectively posting documents, like the Knox campaign has done. We want to make all the facts available, without bias or selecting. We believe all the facts support the notion that all three defendants are responsible for Meredith Kercher’s murder.

Purpose of this post

The purpose of the article here is to let people know of recent changes to the website.

The Wiki is revised when new documents and translations continue to be received. Existing webpages are tweaked when time allows. Webpages are sometimes changed so information can be better presented. Or the website structure is changed when a significant page is introduced.

For example, a new page listing a lot of evidence was added in November 2014. This page can be directly accessed from the main page. That evidence list page has links to other sections of the website, like ‘wikified’ testimony, for easier reference. More links will be added and more evidence noted as more documents become available.

Major redesigns

The website had two major redesigns earlier this year. The main page was redesigned to provide clearer ‘at a glance’ updates. We did this primarily to keep everyone up-to-date with the March 2015 Cassazione decision. The boxes on the main page also note updates to other parts of the website. Also, we added buttons so any webpage on the site can be shared on various social media.

The other major redesign has been the addition of the ‘file library’.

Completing the picture

For those long familiar with the case, source material had been seriously lacking. There have been large gaps. The Knox campaign has posted some documents, but their ‘collection’ has always been incomplete. As examples:

1) The crime scene photos start at ‘dsc016’. What about photos 1 through 15?
2) No photos of Sollecito’s place, Guede’s place, via Sperandio or elsewhere
3) They posted many Massei transcripts, but not all. They never posted the 2nd day of Knox’s testimony, or the days when the Kercher family and consultants testified.
4) Some Massei transcripts they posted had pages missing.
5) They have posted many defense consultant reports, but few prosecution consultant reports.
6) They only posted a few Hellmann transcripts, but not all.
7) They only posted one Micheli transcript, but not the others.
8) Hardly any depositions.
9) A lot of police reports are still missing.

In the past six months, we have been trying to correct this. We have set up a file library, which will be the repository of as many case-related files as can be gotten. Files will ultimately include documents, photos, videos and audio- whatever is part of the public record of this tragic case. The files are made available as links for downloading. Eventually many will also be ‘wikified’ so anyone can do a word search through the documents. And when time allows, key documents will be translated.

There are thousands of files related to this case - too many to put on one page. A single file page would take forever to scroll and would be terribly confusing. So the library is structured into subsections. The basic idea is ‘nested boxes’. Once you select a section, you ‘drill down’ through pages to get to document links. Then you click ‘back up’ to the higher levels so you can move to other sections.

Some pages have a mixture of links to documents and links to subpages. These will eventually be simplified for clarity.

Not all file library pages have been created. More pages will be required as more files come in. Once the document files (PDFs) portion is nearly complete, pages will be reviewed and the library layout will be tweaked. At that point, when we’re comfortable with all the pages and their names, links will be added to allow browsing across sections or in sequential order. This hasn’t been done yet to avoid redoing a lot of work later.

A directory tree is a strong possibility too.

The seven sections

The library has over 900 PDFs and photos scattered across 7 major sections.

The 1st section

This section Context and people is empty for now. It will have photos of Perugia, the cottage, nearby locales and pictures of the people involved in the case. We are sifting through photos and erasing duplicates. Once that’s done, this section will quickly fill out.

The 2nd section

This section 2007 Investigations has files related to police investigations in 2007, the arrest and crime scene photos and videos. As mentioned, not all crime scene photos and videos have been made public. We hope to gather as complete a collection as possible. Of course, anything showing Meredith Kercher’s body will be censored, in line with the wishes of the Kercher family, and to maintain dignity. In the past 1.5 months, we’ve gotten over 80 depositions of witnesses and other documents related to early investigations. Things like preliminary police reports and police correspondence. Here you can also find phone and prison taps.

The 3rd section

This section Arrest trials has filed related to the cautionary arrest trials. This includes the Matteini court, the Ricciarelli court and the 2008 Cassazione court, presided by judges Gemelli & Gironi. Files include court hearing transcripts, motivation reports and other files pertinent to these hearings. This is missing quite a bit still, but we hope to correct that.

The 4th section

This section 2008 Investigations has files related to police investigations in 2008. While the murder was discovered on Nov 2, 2007, and arrests were made that month, the actual police investigation continued until the following year, finishing in June 2008. Files here include additional phone and prison taps, police reports from Rome and Perugia, additional depositions and other related documents.

The 5th section

This section Statements and writings contains writings and depositions of the three defendants. GKS = “Guede Knox Sollecito”.

The 6th section

This section Trials and Appeals and Reports is the largest section. We may revise or split this section further. Currently it contains all documents related to the main trials. All three defendants took part in the first main trial, the 2008 Micheli court. Micheli indicted Guede and found enough evidence against Knox and Sollecito. After the Micheli court, Guede’s trial path separated from the other two because he chose a fast-track option. So there are 3 subsections: Micheli, Guede trials and Knox + Sollecito trials. The Knox + Sollecito trials page has further subpages for the Massei court, the Hellmann appeals court, the Nencini appeals court. In this section, one can find court transcripts and reports, correspondence or depositions introduced during court proceedings. So a lot of files.

The 7th section

This section is extra material.This will contain documents, photos and videos indirectly related to the case. Things like interviews, documents on forensics, lab manuals, crime scene analyses, documentaries, related trials like the police calumnia trials, etc.

A few quick notes:

1. There are many versions of the Massei motivations report on the Internet. Most are missing two pages. Another version comes in four parts. We edited ours so this is a complete version with the ‘famous’ missing pages.

2. Similarly with the Borsini-Belardi motivation report. Many versions out there, most of them improperly OCR’ed, with sections missing. Our version is a scan version, not the OCRed one.

3. As noted before, recent additions include a lot of depositions of witnesses taken in the first week of police investigation. You can find these in the “2007 police work” page.

4. Police summaries of the crime scene surveys, and fingerprint reports, are at the bottom of that same page.

5. There’s a PDF containing a ‘5 volume’ police photo report. This PDF has photos of Via Sperandio currently not in the crime scene photos. But certainly those photos are part of the same Nov. 2007 crime scene photo survey. Anyway, you can find it in the Crime Scene page at the bottom. It’s called Photo-photographic-file-censored. We edited out pictures of the body, to preserve dignity of the victim.

6. Towards the bottom of the “2008 investigations” page, we recently added two police charts, and the first “shoeprint report” by Rinaldi & Boemia, which has more data on shoeprints. Their second report concentrated on the footprints.

7. We have the Cassazione March 2015 dispositivo. We will be posting that along with other documents shortly.

In conclusion

The file library is an ongoing thing. We hope to make real progress here, so everyone can look at all the facts of the case, not just a few picks. A bright light is needed on as much material as is possible to offer, in honor of Meredith Kercher, the victim.

When we post a new file batch, we add an update note on the Wiki home page.

The Meredith Kercher Wiki is committed to being the essential record of all publicly available documents and testimonies about the case, to benefit the general public and the media. Please circulate this widely, and check in regularly. There are more changes to come.

ADDED 12 JULY

On 2007 Investigations: Police work page
2007-11-03-Log-cellphone-KercherM-English.pdf
2007-11-03-Log-cellphone-Sollecito.pdf
2007-11-07-Log-landphone-Sollecito.pdf
2007-11-27-Police-deposition-Capezzali.pdf

On 2007 Investigations: Arrests page
2007-11-07-Prosecutor-notice-Request-to-validate-Arrest-Knox-Lumumba-Sollecito.pdf

On Arrest trials page
2008-01-21-Testimony-Bernaschi-Sollecito.pdf
2008-05-15-Motivazioni-Matteini-reconfirming-cautionary-arrest-Knox.pdf

On Arrest trials: KSL: Matteini trial page
2007-11-08-Testimony-Matteini-Knox.pdf

On Arrest trials: KS: Ricciarelli trial page
2007-11-30-Motivazioni-Ricciarelli-Arresto-Appello-Knox-Sollecito.pdf (forever missing Ricciarelli report)

On 2008 Investigations page
2008-11-08-Deposition-Monacchia.pdf

On Trials: Micheli court page
2008-09-16-Testimony-Summary-and-Rulings-Micheli.pdf (first Micheli hearing)
2008-10-27-Report-Fioravanti-Vodaphone.pdf

On Trials: KS: Massei and Cristiani trial page
2009-11-20-Closing-arguments-Mignini.pdf (forever missing)
2009-11-21-Closing-arguments-Comodi-Knox.pdf (forever missing- Comodi describes 3D reconstruction)

On Trials: KS: Hellmann and Zanetti trial page
2010-12-11-Testimony-Lawyers-Knox-Parisi-Maori-Ghirga-Vedova.pdf (missing Hellmann hearings)
2010-12-18-Testimony-Costagliola-Comodi-Perna.pdf
2011-01-22-Testimony-Lawyers.pdf
2011-03-12-Testimony-Mandarino-Pucciarini-Ciasullo-Bevilacqua-IniG-IniR.pdf
2011-03-26-Testimony-Brughini-Curatolo-Lucarelli.pdf
2011-05-21-Testimony-Napoleoni-Conti-Vecchiotti-Knox.pdf
2010-12-11-Court-doc-Zanetti-case-review.pdf

On Trials: KS: Nencini and Cicerchia trial page
2014-01-20-Testimony-Maori-Crini-Pacelli-Fabiani-Perna-Maresca-Donati-Colotti.pdf (missing Nencini hearing)

On Trials: Knox and Sollecito trials page
2015-03-30-Sentenza-Cassazione-Dispositivo-Knox-Sollecito.pdf (sentence, not motivations report)

Posted on 06/17/15 at 08:59 AM by azozaClick here & then top left for all my posts;
Right-column links: Evidence & witnessesThe locationsThe timelinesReal crimesceneStaged breakinDNA and luminolThe two knivesOther witnessesOther physicalThe computersCellphone activity
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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.


Friday, March 13, 2015

Questons For Knox: Adding A Dozen More To The Several Hundred Knox So Far Avoided

Posted by Chimera



Knox during a pause in questioning at trial; her answers destroyed many Italians’ trust

1. State Of Play On The Questions Front

Sollecito and his father Francesco actually take questions without 99% of them being agreed-on in advance. 

They evade a lot and lose a little but they also gain some points, unlike a seemingly terrified Knox and a seemingly terrified PR who now seem stuck in tongue-tied and consistently-losing modes.

In Italy last night on the much-watched crime show Porta a Porta Francesco Sollecito had to go along with the official reconstruction of the prolonged pack attack on Meredith which rules out any lone wolf though he again maintained that Raffaele was not there.

Not by any means does TJMK give Sollecito a pass. He WAS there at the attack, the evidence is very strong. And we do have many dozens of pending questions waiting for him to respond.

But the truly evasive one is Amanda Knox. Previously helped by the fawning arm of the American press.

2. Pending Questions We Have Already Asked

These are ordered chronologically with the first questions, by Kermit in mid trial in 2009,  at the bottom of the list.

Click here for: Questions For Knox: Ted Simon Gone? With Legal And Financial Woes Will The Other Paid Help Stay

Click here for: Questions For Knox: Why Does Book Smear Others On Drug Use, Mischaracterize Your Own?

Click here for: Questions For Knox and Sollecito: Why Claim Rudy Guede Did It Alone When So Much Proof Against?

Click here for: Questions For Knox: How Do You Explain That Numerous Psychologists Now Observe You Skeptically?

Click here for: Questions For Knox: Ten Hard Questions That Knox Should Be Asked Monday On ITV’s Daybreak

Click here for: Questions For Knox: Why So Many False Claims In Accounts Of Your Visit To The House?

Click here for: Questions For Knox: Why The Huge Lie About Your ZERO Academic Intentions In Europe?

Click here for: Questions For Knox: Do You Think “False Memories Kassin” Framing Italians Yet Again Will Help?

Click here for: Questions For Knox: Did You Undergo An Illegal Interrogation By Mignini Or Did You Try To Frame Him?

Click here for: Questions For Knox: Diane Sawyer, How To Push Back Against The False Claims And Emotion

Click here for: Questions For Sollecito And Knox and Enablers: Several Hundred On The Hard Evidence

Click here for: Questions For Knox: The Questions That Drew Griffin On CNN Tonight SHOULD Have Asked

Click here for: Questions For AK And RS From Barbie Nadeau As Knox Slander Trial Starts

Click here for: Questions For Knox: (Powerpoints #11) 150 Hard Questions That You Incessantly Avoid

3. My Own Dozen Questions More

I have mentioned before my belief that Meredith Kercher’s attack and possibly death was premeditated, at least on the part of Amanda Knox.  Raffaele Sollecito, and Rudy Guede, while accomplices, and also liable, did not plan this out.

Below is my own list of a dozen more hard questions Knox should be asked. This post focuses on questions that point towards forethought and premeditation.  And no, crying, having a fit, and refusing to answer just won’t do it.  An open challenge to not answer in a Hellmann-court-type wail.

1. Keeping the ‘‘See you later’’ Text to Patrick

You kept the message that you sent to Lumumba, which you wrote in Italian.  The literal translation from English implies that you actually intend to meet, rather than the English one that means a parting of ways.  As a language student, this common expression was likely one of the first things you learned, if you didn’t know already.

At your voluntary questioning, of November 5th/6th, you give that message to the police, and claim it as proof that you left Raffaele’s apartment to meet him.  The police didn’t force this knowledge from you, rather you volunteered it after Raffaele withdrew your alibi.  Patrick was falsely arrested, due entirely to your statements, and that message.

I considered, and rejected the idea that you might have kept the message in case Patrick might have wondered why you didn’t show.  If that were the case, you would have kept his message not to come in, and not your response.

Here is the 2009 trial video, the relevant part starts at about the 7:30 mark.  At the 10:30 mark, she talks about the message. At 12:15, she says she doesn’t know how to delete sent messages.

Question for Knox: Why did you keep Patrick’s message, if not to use later as a backup plan?

2. The Lack of Videotaping for the ‘‘Interrogation’‘

You and your supporters in the U.S. frequently complain that your November 5th/6th ‘‘interrogation’’ was never recorded.  You claim that if there was such a record, it would corroborate your claims, and prove you were beaten/smacked around/tortured.  A video would go both ways: it could either prove police brutality and misconduct, or it could definitively prove a suspect or witness was lying.

Until that night, you claim nearly 50 hours of interrogation (see December 2013 email to Judge Nencini), yet none of it was recorded.  Odd, if you were the suspect all along.  Witness summaries routinely are not, but suspect interrogations almost always are, if only to cover the police officer’(s) butt(s).

That night, when you said you witnessed a crime you did not report (Patrick attacking Meredith), your legal status changed from a witness to a possible suspect.  You were given a miranda warning, but still continued to talk.

At this point with your new status, the police would have wanted to videotape or audio record any questionings.  And if they had, any claims of the ‘‘police beat me’’ would have been very easy to refute.  So, by staying away from the camera, it actually creates at least a bit of ambiguity, and gives some wiggle room, should you decide to make complaints later.  It turns an open-and-shut matter into your-word-against-theirs where you lose.

Question for Knox: Did the police ever ask to videotape any of your ‘‘questionings’‘?  And if so, why did you refuse?

3. Transporting Raffaele’s Knife to Your Apartment

You and Raffaele were charged in addition to murder and sexual assault, with transport of a weapon, namely, a knife to your apartment and back.  Despite all the denials of your lawyers, it had Meredith’s DNA on the blade, and your DNA on the hilt (the infamous ‘‘double DNA knife’‘).  Most spontaneous violent crimes involve objects in the immediate area, such as the room, whereas this knife was taken from another location and brought to the crime scene.  Frankly, it reeks of pre-planning.

I considered, and rejected the argument of needing protection.  Knox never claimed she felt unsafe walking around Perugia, heck she sleeps with random people there.  If she did feel afraid at times, many women just clench keys in their fists, for something like that.

Even more disturbing, (as you admit you are a CSI fan) the knife was brought back to Raffaele’s apartment, cleaned with bleach, and put back.  Had the bleach actually destroyed all the DNA—it tends to miss DNA in cracks and grooves—it would have implicated Raffaele only, being his knife, and would not implicate you.  Rather than throw it away, like a ‘‘smart’’ killer would do, it is put back, where it is fairly easy to be found.

Question for Knox: Why did you bring the knife from Raffaele’s apartment, if not to use against someone?

Question for Knox: Why was the knife returned to Raffaele’s kitchen?  Were you hoping (as a fallback), that it might lead to him alone?

4. The Staged Break-In

You finally admitted, after long denying, that you staged an April Fool’s Day prank on April 1st, 2007, by simulating a burglary against a housemate.  You found it funny, while others found it disturbing.  However, in order to do such a prank, you needed to think in advance about how you wanted things to look. In short, this had to be planned out.

Well, the November 1st ‘‘break-in’’ at your apartment when Meredith was killed, was ruled by the courts to be a staged burglary.  There are just too many holes in your story, and in the crime scene, to believe it was legitimate.

But what is not clear, is whether the killers staged the burglary as a panicked response to Meredith’s death, or whether some of the details were worked out ahead of time.  And you had, as a prank, done this before.

I considered, and rejected the claim that it was a real burglary.  However, Judges Micheli, Massei, Nencini and the Court of Cassation disagree, and they can summarize it better.

Question for Knox: Did you think of simulating a break in at your home BEFORE or AFTER Meredith was murdered?

5. Rudy Guede’s Involvement

FoAK has long smeared Guede as a drifter, drug dealer, orphan, burglar, and many other things.  There was one bit of truth there: Guede had broken into at least one place, prior to Meredith’s death, although he had not been charged at the time.  He recently got his jail time extended though, as a result of this.

Interestingly, while you claim to not know Guede, your book seems to include a lot of detail about him.  You knew he was interested you.  You say he had done a break in, and you had staged a break in.  You allege his was done in Perugia, while your prank was far away, in Seattle, where no police were involved.  And let’s be frank: men say dumb things to impress women.  What an interesting person to bring along.

Question for Knox: Did you know about Guede’s prior break in BEFORE or AFTER Meredith was murdered?

6. Turning Off the Cellphones (you and Raffaele)

It is now common knowledge that most cellphones contain GPS that can track the movement of a user.  Police know this, and can often track suspects’ movements this way.  Smart people looking to avoid police attention have figured this out, and can turn their cell phones off (or leave them at home), to make their movements more ‘‘anonymous’‘.

Even smarter police have now figured out that people know, and can now find out if turning off phones is routine, or just a one time thing.  Jodi Arias was caught out this way.  Thomasdinh (Dinh) Bowman was caught out this way. See this.

You and Raffaele had never turned off your cellphones, but chose to (and together) the evening before Meredith was killed.

You gave multiple excuses. (1) Sollecito says in his book it was so you could fool around undisturbed.  (2) You say in your book it was so you wouldn’t receive a message from Patrick if he changed his mind and wanted you to work.  (3) You said in your December 2007 questioning with Mignini that it was done to preserve the charge in your phone.  (4) At trial, your lawyers disputed that the phones were shut off?

Question for Knox: Why did you and Raffele turn off your phones the night Meredith died, if not to cover your movements?

7. Ditching Meredith’s Phones

Meredith’s phones, both her English and Italian phones, were found well away from the home.  While it is normal to have a cell phone, very few people have more than one, and other than a friend, family member, or roommate, who would know this?  Meredith’s attackers took them both, and rather try to sell them or use them, dumped them.

Police have speculated that this was done to divert attention, and to give out false leads.  However, this amount of thought in a ‘‘hurried and rushed’’ crime seems very much out of place.  The unexpected consequence is that it helped narrow the focus.

I considered, and rejected the idea that they were part of an actual robbery.  A killer who seems to know so much about evidence, and about cell phone evidence, would take them, knowing the GPS would help track his movements.  Really, what smart killer would take a mobile ‘‘ankle bracelet’’ with him?

Question for Knox: Why did you take Meredith’s phones, if not to throw off the police investigation?

8. Keeping Frederico Martini’s Number in Your Phone

It is now well known, even if not reported at the time, that Frederico Martini (a.k.a. the ‘‘Cristiano’’ in your book), was a drug dealer you met on the train to Perugia.  You ditched your sister, Deanna, to be with him.  And since then, he had been supplying you with free drugs in return for sex.

It is also well known that you gave Frederico’s number to police, probably trying to divert attention from yourself once again, and that he ended up serving time for drug dealing.

You have enough sense to turn your cell phone off prior to phones (see sections 1, 6, and 7), so you clearly knew that phones can provide serious evidence against you.  If you truly were worried about the police searching your phone, you could have deleted his number, changed a digit or 2, changed the name, or otherwise hidden that information.

The police weren’t concerned with drugs, only with catching a killer. 

Question for Knox: Why did you keep Freddy’s number, and then give it to police, other than just another diversion tactic?

9. The Lamp From Your Room on Meredith’s Floor

The lamp from your room, the only source of light in your room, was found on the floor in Meredith’s room.  This would seem odd, as Meredith had two lamps of her own, and your room would be left dark.  Police have speculated that the lamp was used during the clean-up, and then forgotten.

This demonstrates a lot of control, as rather than grabbing an available lamp from Meredith’s room (if it were needed for cleanup), the killers would have moved outside the bedroom, grabbed a lamp from another room and brought it back.

It further demonstrates control, as there was no bloody footprints into your room.  Therefore, the killer must have cleaned his or her feet, then gone into your room to grab the lamp.  And that lamp was found wiped off prints, so whoever took it had the foresight to make sure their own weren’t on it, but had Meredith’s lamp been used, finding it wiped clean would have been a dead give away.

All of this smacks of planning, and had the lamp not been forgotten in the locked room, we would never have known any of this.

Question for Knox: Why was your lamp found on Meredith’s floor, if not to clean or search for evidence?

10. Gloves Used for Cleanup?

The police went through the house.  Although they did not test everything, very few fingerprints were found at all in the house, and only one belonging to Knox, on a glass.  Of course, it raises the question of why any random burglar or killer would do that, and points to someone who is there regularly—a resident.

Such an undertaking would have taken a long time, again, pointing to a resident of the building.  And while a sock or a cloth may be used a few times, it seems extremely impractical to use for any length of time.  That leads another obvious suggestion: gloves.

However, Perugia was still warm.  Amanda, (in that God-awful interview with Simon Hattenstone), said that she could sunbathe in October.  Even if she had them in her luggage, they would probably take time to find.  She was not known for wearing gloves as a fashion accessory.

Given her living habits, it is extremely unlikely she had her own cleaning gloves, and Laura and Filomena never reported such things missing.  Nor did anyone else.  So, where would they come from?

Question for Knox: Did you purchase (or steal) gloves prior to Meredith’s death?

11. Clothes and Supplies

You were seen in Quintavalle’s shop first thing in the morning on November 2nd, even if your lawyers contest it.  He claims you were looking in the cleaning section, but then left.  Strange, as you are not much of a cleaner, however he has no reason to lie.  You also claim that you were not ‘‘missing’’ any clothes, even though Filomena mentions a sweater you were wearing but has not been recovered.

It is also known that you have made many cash withdrawls in the month of October, with seemingly little to spend on.  Police and the media have speculated drugs, but with absolutely no paper trail, there is no way to know for sure how much was spent on what.

Question for Knox: Did you purchase any cleaning supplies, or extra clothes, either before or after Meredith’s murder?

12. Concerning The Gubbio Trip

You have travelled to many places, sure, but hadn’t really gone anywhere after settling in Perugia.  Yes, you had given serious thought to ditching the town, even buying a ticket to China.  Since meeting Raffaele, you two had kept in a relatively small area.  Therefore, the trip planned to Gubbio, for the day after Meredith was killed, seems somewhat out of place.

I may very well be wrong, but was this the first road trip you had taken with him?  You hadn’t packed anything, and you left your house (after the shower) without taking anything.  You apparently also didn’t notice Filomena’s broken window in front of you.

Question for Knox: Was the Gubbio trip for real, or was this a staged cover?


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


Tuesday, October 28, 2014

Analysis #3 Of Testimony Of Dr Chiacchiera, Organized Crime Section: Contradictions Between RS & AK

Posted by Cardiol MD




1. Overview Of This Series

In 2007 Dr Chiacchiera was the Director of the Organized Crime Section and the Deputy Director of the Flying Squad.

He was one of the most senior and experienced law enforcement officers to testify at the trial. His testimony and his cross examination by the defenses occupied a lot of time of the court late in February 2009. He covered the following ground.

(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.

Dr Chiacchiera was submitted to cross-examination on the above 5 items by 4 Attorneys for the Defence of Knox and Sollecito, by 2 Civil Party Attorneys, and to Re-examination by the Prosecution. He had a gruelling time as a witness.

All the translation is by the ever-dedicated main poster ZiaK. This series is highlighting some key portions. Here is the full 50-page transcript which will be posted in the trial testimony area of McCall’s great Wiki.

(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)

Continuation of Dr Chiacchiera’s Evidence-in-Chief:

MaCh: It emerged that normally Sollecito kept his cellphones, and also Amanda Knox, they kept their cellphones on until a late hour, evening, [sic] there is no telephone traffic from 20:40 hours. A thing of this …

{Witness begins Testimony re cellphones and is interrupted}

MC: But did this emerge from the declarations or did it emerge from the analysis of the [phone] records in the preceding days?

{Examiner interrupts witness with good Q re source of telephone-usage information}

MaCh: It emerged from the analysis of the [phone] records in the preceding days.

{Witness answers clearly}

GCM: Excuse me. Let me understand. In other words you say: the cellphone was switched off and there was no telephone traffic, these are two different things.

{Court asks good clarifying Q}

MaCh: I’m saying, Mr President. Two things. The first, normally Sollecito’s telephone and the telephone of Amanda, were switched on until the late hours. The fatal evening, they were switched off from 20:42 hours until … one [of the phones] from 20:42 onwards and the other from about 20:50 onwards. One. Two, the traffic …

{Witness is Answering Court's Q in 2 parts. When he gets to his part #2, Court interrupts}

GCM: Before going on to “Two”, excuse me: “normally” – what does that mean? You had …

{Court is asking good Q re witness's Part #1, but is interrupted}

MaCh: We had done a comparative analysis of the telephone traffic of that evening with the telephone traffic of the preceding evenings. Shall we say the habits ...

{Witness interrupts Court with narrative response, and is also interrupted}

GCM: And so the “normally” emerges from this?

{Court interrupts witness's response with good Q}

MC: How many evenings? If you recall, or not?

{Examiner asks witness relevant Q, adding redundant Q}

MaCh: Months, no … honestly, I don’t remember how many [evenings], but months.

{Witness stumbles, seeming uncertain re 'evenings' vs 'months'}

MC: I mean to say, not …

{Examiner preambles re her redundant Q but is interrupted}

MaCh: Not three days, no. The telephone traffic habits were evaluated. [This is point] one. [Point] Two, the element that emerged, that contradicted the declarations, I can’t report on the declarations but I can report on the element that contradicted [sic. i.e. provided the contradiction], that in effect no telephone call had arrived at 23:00 hours, as had been declared: on the phone line that was declared to have received that … the recipient of that very phone-call. Another element: no interaction with the computer emerged, unlike what was declared. So there were a few objective elements of comparison from the analysis and from the technical checks that contradicted what had previously been revealed.

{Witness interrupts Examiner with narrative response to Examiner's Q, witness indicating contradiction between suspects' declarations and objective records of telephone and computer activity}

MC: For Amanda Knox, were there incongruities of this type?

{Examiner asks if incongruities/contradictions existed for Amanda Knox}

MaCh: Yes, there were incongruities because Amanda Knox was, how to say, contradicted by Sollectio, and then she contradicted herself, if I may …

{Witness answers affirmatively, amplifying applicability both to Sollecito & Knox, but is interrupted}

GB: President, if we continue in this way, then we might as well do the old [trial] procedure.

{Giulia Bongiorno, Sollecito's lawyer interjects, objecting-subjectively to Court, but submitting no legal basis for her objection}

GCM: Excuse me, please.

{Court seems to politely rule GB out-of-order}

MaCh: The elements, these are [sic], Mr President, I don’t know how to do.

{Witness communicates uncertainty to Court}

MC: But it is so difficult, however.

{Examiner chimes-in apparently commiserating with her witness's uncertainty}

MaCh: Mr President, I really don’t know what to do.

{Witness seems to repeat statement addressed to Court, who possibly interrupts}}

GCM: Excuse me…

{Court seems to begin response to Witness, but is possibly interrupted}

MaCh: If I have to describe the investigation activity …

{Witness may be interrupting Court or is continuing Witness's unfinished statement to Court}

MC: He’s not referring to declarations.

{Examiner chimes-in with his opinion re Witness's reference to Defendants' contradictions/incongruities - GB's interjection seems to have side-tracked court procedure}

GCM: Regarding these declarations, you can report on this [sic. i.e. in this instance?], and with regard to Raffaele Sollecito, you reported – citing the telephone traffic and citing the use of the computer. There now, and this is one point. With regard to Amanda Knox, you cannot report the declarations. But you may, however, say – following these declarations – what type of investigations you carried out, and the outcome of these. So, following the declarations given by Amanda Knox, did you do similar investigations, as [those you did] for Sollecito Raffaele on the [phone] records? Or was there nothing to do, except to …?

{Court rules on subject of testimony re Defendants' declarations, seeming to rule admissibility of Sollecito's declarations re telephone traffic and computer usage, but inadmissibility of Knox's declarations. Court does seem to permit description of investigations that followed Knox's declarations, without describing Knox's actual declarations, and Court asks whether phone-record investigations similar to those done for Sollecito were done for Knox.}

MaCh: Mr President, all the necessary checks were made, but in that immediate moment the most important element … that is to say, in [this] place [NdT: i.e. “in this Court”], in this moment, in this place, that is to say, when they were … I said [that] when the arrests were made, I don’t, I don’t know how to do, however, the incongruity of the declarations with the facts that we had found, and with the declarations that Sollecito had previously given us, [this] was the most important element. I don’t know if I have managed to …

{Witness seemingly responding to Court that he doesn't know how to deal with the declarations, is interrupted.}

GCM: No, excuse me (overlapping voices). So, with regard to Raffaele Sollecito, we have
understood these checking activities were carried out on the declarations made, the verification activities carried out, and [that’s all] very well. With regard to Amanda Knox, if you also carried out … maybe there were no objective elements for possible checking, there were no … or else, there were activities carried out of …

{Court, interrupting over witness's testimony, seems to be explaining his Q to witness, but is interrupted by witness}

MaCh: Later, there emerged a series of further elements.

{Witness interrupts with statement re unspecified further elements}

GCM: Not evaluations on the congruity, incongruity, likelihood, these are evaluations and will be done, there you go, comparably. I’m thinking of the [phone] records, of the use, if she had given indications on the basis of which [you] could carry out investigative activity …

{Court seems to want evidence in Knox's phone records justifying further investigation.}

Here ends the Testimony Of Dr Chiacchiera covering the relevant Phone Records, elicited by the Prosecution.

Next comes the Testimony Of Dr Chiacchiera elicited by the Prosecution, covering Discovery of pornographic magazines at Sollecito’s house, Details of how the large knife, Exhibit 36, was collected from Sollecito’s and the evidence that it is the murder knife


Wednesday, September 24, 2014

Analysis #2 Of Testimony Of Dr Chiacchiera, Organized Crime Section: Discounting Any Lone Wolf

Posted by Cardiol MD



Dr Chiacchiera (talking) with his team explaining reason for charges in another case

Overview Of This Series

In 2007 Dr Chiacchiera was the Director of the Organized Crime Section and the Deputy Director of the Flying Squad.

He was one of the most senior and experienced law enforcement officers to testify at the trial.  His testimony and his cross examination by the defenses occupied a lot of time of the court late in February 2009. He covered the following ground.

    (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.

All the translation is by the ever-dedicated main poster ZiaK. This series is highlighting some key portions. Here is the full 50-page transcript which will be posted in the trial testimony area of McCall’s great Wiki.

This post continues analysis of the evidence that the lone burglar/lone wolf theory was not credible to those that were first on the crime scene and that the “break-In” to Filomena Romanelli’s room was to them obviously faked.

(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] Leads Testimony

Judge Massei [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.}

Manuela Comodi [MC}:  Well, in short, they were called … they are the only ones who can describe the whole progression of the investigations - Dr Profazio and Dr Chiacciera – because they are directors, they are the only ones who will come to describe for me, thus, what was the progression of the investigations. Clearly, in order to pass from one investigative act to another rather than … and the choice of the subsequent investigative acts. It’s clear that they have to describe, in order to make a complete reasoning, even the lines of thought that, as Dr Chiacchiera said, it sometimes happens that they make. However, one point: apart from the break-in, apart from the broken window, there are … did you acquire further elements that corroborated the idea that there had been a burglary? Nothing from Romanelli’s room had been carried off? Valuable things had been taken?

{Examiner acknowledges Court's admonition, argues importance of her witness's testimony, and segués into triple-Q addressed to witness re elements corroborating idea of burglary.}

Dr Chiacchiera [MaCh]:  This ... in fact, in the progress ...

{Witness begins to answer, but is interrupted by Examiner}

MC:  Was a declaration/complaint of theft made then, with a list of the things taken?

{Examiner interrupts witness with new double-Q}

MaCh:  In the logical progression, if I may in some way still, in summary, say what ….

{Witness begins narrative response but is interrupted by Court}

GCM:  Say the objective facts, if you have ….

{Court interrupts witness, beginning to admonish him to respond by testifying to objective facts, but is itself interrupted by witness}

MaCh:  Nothing disappeared, so a burglar would have had difficulty …

{Witness answers 3rd Q of Examiner's above triple Q, but then launches into a narrative beginning: "so…", but Court interrupts}

GCM:  Excuse me, nothing had disappeared? Before all else, what thing .... you knew what things were in that room that did not disappear?

{Court interrupts, questioning basis for witness's statement that "Nothing disappeared"}

MaCh:  Yes, because, shall we say, the investigation elements that then subsequently emerged, allowed us to deduce that from Romanelli’s room absolutely nothing disappeared. There was a complete mess/chaos, but nothing disappeared from Romanelli’s room. And this is another element to [lead us] to obviously deduce that the desired hypothesis of a burglar and of a theft was objectively … But then the burglar does not [sic] close the door and throw away the key. The burglar does not cover the victim. The burglar …

{Witness answers Court's Q, with narrative explanation including reference to "the key", and Court interrupts}

GCM:  Excuse me. They key. What is this detail about the key? What is it?

{Court asks Q simple Q re "the key" - with apparent transcriptional error: "They key"}

MaCh:  There was no key.

{Witness answers Court's Q}

GCM:  There was no key where?

{Court asks simple Q}

MaCh:  Those who entered into the inside of the house first found the door closed. A closed door that then aroused the suspicions and that then gave concern and then it was decided to … to break [it] down.

{Witness responds to Court's Q with narrative explanation}

GCM:  Excuse me, on [sic] Romanelli’s room there was no key?

{Court asks another simple Q}

MaCh:  No, I’m talking of Meredith’s room, Mr President; Meredith’s room was locked by key.
This is another … how to say, the investigative deductions that we drew from these details that emerged, also from the declarations that we gathered.

{Witness responds to Court's Q, and informatively amplifies A}

MC:  Was it normal that Meredith closed herself [sic. i.e. her room] by key?

{Examiner asks witness a simple Q}

MaCh:  No.

{Witness gives simple A}

MC:  And did you find the key of Meredith’s room?

{Examiner asks witness a simple Q}

MaCh:  No.

{Witness gives simple A}

MC:  So it was closed by key, but there was no key inside?

{Examiner summarises witness's testimony re key and poses a simple Q}

MaCh:  But there was no key inside, so that it was necessary to break down the door in order to enter. Also the almost inexplicable detail of the presence of two cellphones in a garden of a house, doesn’t tend to favour the thesis of someone who enters and who accidentally, so to speak, finds a person and then kills them, because [he] is forced to kill them because they have seen [his] face.

{Witness responds to Q in form of confirming-repetition and amplifies A in expanded narrative-form}

MC:  But is via Sperandio far from via della Pergola?

{Examiner poses vague Q re proximity of 2 streets}

MaCh:  No. And there we tried to deduce. And via Sperandio, as I said earlier, Doctoressa, is not far from the house. We discussed [this] to understand why these telephones went and ended up there …

{Witness answers simply, and respectfully, introducing " the house" on one of the streets, seguéing into subject of the mobile telephones and is interrupted by the Court}

GCM:  Excuse me. When you say it is not far from the house, can you specify at what distance? How one reaches it?

{The Court's interruption is also vague, with double-Q, referring to an unspecified "it"}

MaCh:  Not far from the house means that, by following a route that any Perugian knows, Mr President, one passes through a park and one arrives, let’s say, near the gateway of Porta Sant’Angelo. So for this reason, as the crow flies, how much would it be, but less [sic] … three hundred, four hundred metres. But to reach it by foot from via della Pergola to via Sperandio I think that it doesn’t take more than 5, [or] 7 minutes.

{Witness responds to Court in explanatory narrative form

MC: But do you have to pass by via Garibaldi?

{Examiner asks simple Q}

MaCh:  Yes. But you can also pass through the park – there’s a park that then comes out right in front.

{Witness answers Q, and amplifies his response}

MC:  Of the villa?

{Examiner seeks clarification of witness's response}

MaCh:  In front of the villa, at the entry to the villa. Looking from the street that crosses with the provincial [road], the one that, shall we say, borders the villa, whoever is looking at it, I repeat, I – who am 44 years old, am Perugian – I did not know that there was a garden behind there.

{Witness clarifies his response, amplifying further}

MC:  And how far away is via Sperandio from via Garibaldi, corso Garibaldi?

{Examiner asks apparently simple Q}

MaCh:  it’s parallel. It’s very close, very very close. It’s 200 metres away, as the crow flies. I think even much less, because they are almost parallel, let’s say. Even that is something that in some way made us understand that there was an interest in getting rid of those cellphones, clearly, by whoever did that thing there.

{Witness gives detailed response;
See: "Just seeing police could panic the killers into instant dumping of the telephones, without even needing to know why the police were where the police were (There is no need to invoke any awareness by the phone-dumper[s] of the reason the Police were near Mrs. Lana’s place - the hoax-call.). 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)." In TJMK: "Updating Our Scenarios And Timelines #2: An Integrated Comparison Of The Timing of the Phone-Events." 6/28/2013}

MC:  When you arrived for the first time in via della Pergola, did you enter the room of the crime?

{Examiner asks simple Q}

MaCh:  Immediately, no. I went in afterwards, when Dr Mignini also arrived; and later with Dr Lalli. Then I had, how to say, occasionally entered when the crime-scene inspection of the Forensic Police, of the colleagues arrived from Rome, was already begun, so late. I didn’t stop long inside the house, I say the truth, also because the measures/orders that I issued immediately were those, yes, of deducing, [of] drawing out all the investigative elements that might emerge in the immediate surroundings [and/or immediately after the facts] to seek to immediately direct the investigation activity, but also to “freeze” [sic. i.e. to solidify, or to make concrete] another aspect, which was that of hearing/questioning all the people who might tell us details on Meredith’s stay in Perugia, in general, but above all on her final hours, on her visits/visitors, everything about those who Meredith had known in some way and … This was the thing that we considered logical to do precisely in relation to this, to these first investigative deductions that we drew from the [above]-described crime-scene.

{Witness gives detailed narrative reply}

MC:  And so that same day you were present when they began to hear/question…

{Examiner begins preamble to presumed Q, but is interrupted}

MaCh:  Yes.

{Witness interrupts Examiner with witness's answer to assumed Q}

MC:  … the people [who were] acquainted with the facts.

{Examiner completes interrupted Q-in-the-form-of-a-statement, which omits Q-mark}

MaCh:  I was present. I did not participate personally in the examination [of witnesses], but I was present, in the sense that both with [my] colleague Profazio and with [my] other colleague from the central operative service…

{Witness responds with narrative description of circumstances, but is interrupted}

MC:  from Rome.

{Examiner interrupts with her assumed next part of witness's response}

MaCh:  from Rome. We began to put the pieces together, excuse my [use of] the expression; that is to say all the … all the elements that emerged from the examination of witnesses, were checked, were gradually verified/cross-checked.  Both with cross-checks that enlarged the group of witnesses, of the people to be heard/questioned, and with the checking of the alibis of many people, [as well as] with a technical activity that was carried out.

{Witness confirms Examiner's assumption, and completes his narrative description of circumstances}

MC:  That is to say?

{Examiner enquires as to witness's reference to indefinite "technical activity"}

MaCh:  A technical activity. A bugging activity was carried out. There was also an activity carried out also for the cross-checking of the phone [activity] printouts. There was an activity to understand also the cross-checking of the [phone] cells. There was a very wide-range activity carried out. Without excluding, I repeat, all also [sic] ... shall we say, the minor hypotheses. For example, the news arrived of a Maghrebi who had been in a rush to wash his own clothes in a launderette, not too far from the scene of the crime. This piece of information was excluded for a very simple reason, because from the first results of the investigative inquiries, he had arrived there in the early afternoon, but instead, in the early afternoon of the day before her death, Meredith was still alive [sic]. Because from the witness examinations we had determined that the last person who had seen her alive, saw her in the late afternoon. After which, we also did another series of checks relative to the one [sic] that there was a strange telephone call that the people who found the cellphones in the famous villa, the beautiful one on via Sperandio, had received in the evening. However, we had, how to say, understood that it was a case of a boy who had made a call from Terni and of a strange coincidence, but absolutely irrelevant for the investigation activity. Indeed, we made checks on all the hospitals in order to evaluate, to check, whether maybe there were [patients] who had presented blade/cutting wounds that in some way might have been compatible with a wound, let’s say, or at any rate with a reaction by the victim. Only one had presented, it was a [person] from Foligno who, [while] cutting salami, had cut their hand during the trip back from an away-game with Foligno – he was a football fan. Nothing else. So no investigative hypothesis was rejected. It was, obviously, because this is how it is done, and thus I believe that it is logic, we began to discuss/think in a certain way, because we had deduced from all this scen, another series of further elements, that is to say that the person ….

{Witness responds with prolonged narrative re "technical activity" and seems to pause}

MC:  Speak. Don’t be afraid to say it.

{Examiner urges witness to continue}

MaCh:  No, no. I’m not afraid.

{Witness argues with Examiner}

MC:  That is, let’s say, when was it that the investigations turned to, [started] to focus on today’s defendants?

{Examiner asks simple Q}

MaCh:  When on the evening of … they did not focus on today’s defendants, that is to say, progressively the analysis of the investigative elements made us … made us start, even us, to suspect. Because going into a house, finding a [sic] door of Meredith’s room closed, a [sic] door of the apartment opened, faeces in the toilet [bowl], while I take a shower, a series of bloody prints…

{Witness responds in narrative form and is interrupted}

MC:  However the faeces were in which of the two bathrooms?

{Examiner interrupts witness with clarifying Q}

MaCh:  Of the bathrooms. Me, if I take a shower in a bathroom where there are faeces, instinctively I flush the toilet, in short.

{Witness makes non-responsive subjective statement and is interrupted}

MC:  Yes, but the faeces were in the other bathroom.

{Examiner engages witness in argument}

MaCh:  Yes, yes, I understood. However, in short, in some way it comes instinctively, no?, to flush the toilet? The fact is that ….

{Witness joins argument and is interrupted}

GCM:  Excuse me, do you know how many bathrooms there were in the house?

{Court interrupts argument with simple Q}

MaCh:  Two.

{Witness ignores actual Q and responds with answer to assumed follow-up Q}

GCM:  Two bathrooms. Excuse me, please. Do you know that a shower was taken?

{Court asks another simple Q, using vernacular ref. to whether a person used the shower, rather than that the the shower device was taken away.}

MaCh:  Yes.

{Witness answers Court's actual Q}

GCM:  How do you know?

{Court asks simple follow-on Q}

MaCh:  I know because it is a thing that I cannot, I believe, report because it was ….

{Witness seems to answer in non-responsive, subjective narrative form, and is interrupted}

GCM:  But you checked…?

{Court seeks objective answer to his simple Q}

MaCh:  I am trying to be very very careful.

{Witness hints that he has reasons for apparent evasion}

Giulia Bongiorno [GB]:  Mr President, we are talking of nothing.

{Sollecito's lawyer chimes in with distracting comment}

GCM:  Excuse me, Attorney.

{Court appears to admonish GCM not to chime-in without specified legal-objection}

MaCh:  Well, the main point [is] that very slowly we began to understand that there were strong inconsistencies in the revelations that were made. And there were behaviours that on the part of above all, indeed exclusively, of Sollecito and Knox, appeared to us as [being], at the very least, particular. Behaviours both immediately after the event – a sort of impatience/irritability shown [with regard to] the investigation activity that we were carrying out, and obviously we could not but ask [NdT: i.e. “we had to ask”] those who were close to Meredith [about] elements that we considered useful, even necessary, in order to continue the investigation activity.

{Witness launches into apparent justification for his evasiveness}

MC:  Excuse me if I interrupt you. I’ll just make a few precise questions, thus: you checked, let’s say, let’s call them alibis, even if it’s a term that’s very so [sic] from American TV films, but in any case [it’s] understandable… Did you check the alibis of the people closest, let’s say, to Meredith?

{Examiner, after preamble, asks relatively simple Q}

MaCh:  Yes.

{Witness answers Q as phrased}

MC:  In particular, did you check the alibis of the young men from the [apartment on] the floor below?

{Examiner asks simple Q}

MaCh:  Yes.

{Witness answers Q as phrased}

MC:  Results?

{Examiner poses Q in casual form}

MaCh:  Positive for them, in the sense that they were at home, in their own home, that is to say their respective houses, because they were here for reasons of study, so they were not present in Perugia during the days when …

{Witness responds with allusive casual A, begins to amplify, but is interrupted}

MC:  Because they had left for …

{Examiner interrupts with suggestion for next part of witness's response}

MaCh:  Yes, for the All Souls’ Day long-weekend, let’s call it that.

{Withess reacts to Examiner's suggestion by stating reason for upcoming week-end absence, but not stating week-end destination}

MC:  Did you check the alibi of Mezzetti and of Romanelli?

{Examiner asks double Q}

MaCh:  Yes.

{Witness answers for both Qs}

MC:  Results?

{Examiner poses Q in casual form}

MaCh:  The result in this case also [is that] Mezzetti and Romanelli were not there, so …

{Witness gives clear Answer, apparently begins explanation, but is interrupted}

GCM:  Excuse me, can you say what checks you did?

{Court interrupts witness's testimony to ask Q re witness's method}

MaCh:  We carried out a whole series of checks that brought us to evaluate, establish, that these persons were not present in the premises that evening.

{Witness ignores Court's Q as phrased and answers anticipated next Q}

MC:  Let’s say, I imagine that you heard/questioned them.

{Examiner makes statement-in-form-of-Q with ?-mark omitted}

MaCh:  Yes.

{Witness answers presumed Q}

MC:  Did they tell you where they were that evening, what they did that evening…?

{Examiner seems to interrupt and asks double-Q}

MaCh:  And in effect, we assessed/considered that …

{Witness ignores Q-as-phrased and is apparently interrupted}

MC:  And you ascertained that in effect …

{Examiner apparently interrupts A and continues his interrupted multiple Q}

MaCh:  That it was true what they had told us. I can report on the circumstance.

{Witness seems to continue his interrupted answer and offers to expand his narrative.
Q &A cycle is confused and confusing because of repeated multiple Qs, instead of orderly single Q & A}

MC:  Did you check the alibi of Amanda Knox and of Raffaele Sollecito? Was there a comparison between the declarations of Amanda Knox and of Raffaele Sollecito with regard to the night of the murder, and what you were able to compare, shall we say, objectively, through the other declarations, through the phone records?

{Examiner asks multiple Qs}

MaCh:  Through the phone records and through the checks [that were], shall we say, objective, it was found that what Sollecito had declared was not truthful because there was a phone call that was never received [i.e. answered] by Sollecito at 23:00 hours. Because it turned out that there was no interaction with the computer, but I believe that this … as declared [sic]. But above all there was an absolute incongruity of the ….

{Witness summarizing findings wrt phone records, is interrupted}

GCM:  There now. Excuse me. Maybe we will not ask the question in these terms: following the declarations, on which you cannot report, that you got from and that were given by Amanda Knox and Sollecito Raffaele, what type of investigations you carried out…

{Court interrupts to restrict Qs but is interrupted}

MaCh:  We carried out ...

{Witness interrupts Court's interruption and is interrupted}

GCM:  ... and the outcome of these investigations. There now. This is where we’re at.

{Court completes it's interruption, seeming to believe he has made himself clear, but confusion still reigns}

MaCh:  Well, in summary ...

{Witness begins a summary, but is interrupted}

GCM:  Following the declarations given by them, you had … With regard to Sollecito Raffaele, what did you do and what [information] emerged?

{Court interrupts witness with double-Q}

MaCh:  It emerged that, unlike …

{Witness begins to answer Court's 2nd Q, but Court interrupts}

GCM:  What did you do, first?

{Court repeats1st Q}

MaCh:  We did an analysis of the telephone traffic, and from the analysis of the telephone traffic it emerged that Sollecito had absolutely not received/answered the 23:00 hours phone call as he had declared. From the analysis of the telephone traffic, there then emerged a very strange detail, in the sense that the cellphones …

{Witness answers 1st Q, begins answering 2nd Q, and is interrupted by Sollecito's lawyer}

GB:  (overlapping voices) … continue with the opinions/judgements, with all the opinions/judgements.

{Sollecito's lawyer seems to demand comprehensive testimony}

GCM:  That which emerged.

{Court makes seemingly cryptic statement which is probably a Q relating to witness's interrupted A to Court's 2nd Q above: "It emerged that, unlike …" }

MaCh:  A detail/particular emerged ... unlike what …. (overlapped voices).

{Witness resumes testimony but is interrupted, multiple voices are heard}

GCM:  Excuse me. What emerged?

{Court asks witness to clarify what witness was saying}
_____________________________________________

Here ends the Analysis of the Evidence #2, discussing that the lone burglar theory is not credible, and that “Break-In” to Romanelli’s room was faked.

The next Post:  Analysis of the Evidence #3, will Analyse the Phone records and the police investigation into the accused phone activity the night of the murder.

 


Tuesday, April 29, 2014

Why Knox & Sollecito Appeal Against Guilty Verdict May Fail: Multiple Wounds = Multiple Attackers

Posted by The TJMK Main Posters



[Florence Palace of Justice where Knox & Sollecito appeal against 2009 verdict is rejected]

Fourth report

[This list will be added to] The best of the English language media coverage is here.

Barbie Nadeau

Third report

No especially accurate reports in English have appeared yet and the erroneous “new trial” is still surfacing. Andrea Vogt tweets that she will be posting an analysis soon.

The mischievous defense-inspired “sex game gone wrong” and “satanic theory” mantras are still widely showing up in the duped media, but are nailed hopefully finally in this new report.

Judge Nencini has closely followed and endorsed the “from all angles” Massei trial analysis, but with the inclusion of some more credible explanations from Prosecutor Crini which Judge Micheli had also espoused back in 2008.

In particular, Rudy Guede is not now highly improbably seen as the one initiating the attack on Meredith, and sex was not at all the primary driving force for the attack (the prosecution never ever said it was). Knox carried the big knife from Sollecito’s for a purpose.

The bad blood between the girls resulting from Knox’s crude, brash, very lazy, drug-oriented behavior was well known in Meredith’s circle. All of them had backed away from her, as also had her employer and the patrons in his bar.

There was a probable theft of money by Knox who was unable to account for a sum similar to what Meredith would have stashed away for the rent and that is seen as the probable spark for the explosive argument and attack.

Second report

Bullet points from the Italian media.

  • The big knife from Sollecito’s house held by Amanda Knox caused the fatal wound to Meredith while the other was held by Raffaele Sollecito.

  • There is strong “multiple and consistent” evidence of all three in the house immediately following the murder.  All three worked to suppress Meredith.

  • There was an escalating quarrel between Knox and Meredith leading to a progressive aggression and murder with sexual components.

  • Between Amanda and Meredith there was no mutual sympathy and Meredith harbored serious reservations about the behavior of AK.

  • The biological trace found on the bra clasp that Meredith Kercher was wearing the night she was murdered was left by Raffaele Sollecito
First report

From Il Messagero kindly translated by Miriam:.

FLORENCE -  The knife that was seized at Raffaele Sollecito house is the knife that killed Meredith Kercher, and the blow was delivered by Amanda Knox.  So writes the President of the Court of Appeal of Florence, Alessandro Nencini, in the motivation report of the sentence that was passed on Jan. 30th that saw Amanda Knox sentenced to 28 and a half years and Raffaele Sollecito to 25 years.

Over 330 pages in which the court covers the appeal and explains the conviction. Starting with the knife considered “not incompatible with the wound that was carried out on Meredith Kercher. “In the present case, writes Nencini what counts is the accessibility of the weapon by the accused, it’s concrete portability from house to house, it’s compatibility with the wound, and the presence of Meredith’s DNA on the blade. All of these elements ascertained by the court lead to the conclusion that the knifed evidenced as no. 36 was one of the knifes used in the attack, and was the knife that Knox used to strike the fatal blow to Meredith’s throat.”

The court retains to have sufficient evidence of “certain reliability” of Rudy Guede (convicted to 16 years) Amanda and Raffaele in the house where Mez was killed, on the night between the 1st and November 2, 2007 in 7 Via della Pergola “in the immediate phases following the murder.” The Court then tells how she was immobilized and Mez “was not able to put up some valid resistance because she was dominated by multiple assailants and cut at the same time with the blades of several knives.”

Rejected therefore the defense’s strategy of both of the convicted, that have always maintained that the killer was only one.: the Ivorian Rudy Guede.



[Judge Massei at crime scene; report says why Knox & Sollecito appeal against his 2009 verdict has failed]




[The Supreme Court in Rome is expected later this year to confirm this outcome]


Monday, February 03, 2014

Authors Of “Math On Trial” Bring The Explanations Of The Hard DNA Evidence Up To Date

Posted by Peter Quennell




The important new book in question Math On Trial is by mathematicians Leila Schneps and Coralie Colmez who is Leila’s daughter.

This article by Leila Schneps appeared in yesterday’s edition of The Independent and explains why the Nencini court has not ruled out any of the DNA evidence.

It’s not right to say there is ‘no evidence’ in the case against Amanda Knox. There’s plenty

The DNA alone is enough to raise questions

The verdict handed down yesterday at the new appeal trial for Amanda Knox and her former Italian boyfriend, Raffaele Sollecito, accused of the murder of British citizen Meredith Kercher in Italy in November 2007, may come as a surprise to those whose view of the case has been affected by an international media blitz based on the oft-repeated claim “There is no evidence”.  Many believe that Rudy Guede, convicted in October 2008 for participating in the murder, acted alone.

There is, however, copious evidence to consider: the DNA alone is enough to raise questions. Leaving aside much of it, let’s focus for a moment on three key pieces of DNA evidence and present them from both sides, just as the jury may have heard them spoken of in court.

First – the bra clasp.

The part of the victim’s bra containing the hooks had been ripped or slashed from the rest of her bra.  Not immediately collected on that first day after the murder, it remained in the room in a sealed house for six weeks before being sent to the lab in December. There, it was tested and found to contain a large sample of Meredith’s DNA, together with a smaller but clearly visible contribution from Sollecito. The defence objections: firstly, between the two searches, objects in the crime room had been moved around, and indeed the bra clasp was found about a metre away from its original position.

Secondly, apart from ‘alleles’ - genetic traces -  of Meredith and Sollecito on the clasp, there were a few unidentifiable extra ones. Putting these two facts together, the defence pointed out that Sollecito’s DNA on the bra clasp could have been a consequence of a careless police technician stepping on Sollecito’s DNA elsewhere in the flat and then entering the room and stepping on the bra clasp, even though no DNA of Sollecito was found anywhere else in the house except on a single cigarette butt in the ashtray.

Second – the mixed stain.

Although not visible to the naked eye, the chemical Luminol which flashes blue on contact with blood revealed a spot in the room of the flatmate whose window had been smashed and room rifled.  Swabbing the spot produced a mixture of Amanda and Meredith’s DNA. This is a clear proof that the murderer entered that bedroom after the murder, as someone must have brought Meredith’s blood into the room, contradicting the defence theory that Rudy Guede broke into the house and then committed the murder.

The usual defence explanation for mixed DNA stains in the bathroom and corridor, namely that the house would have been coated in Amanda’s DNA given that she lived there, does not necessarily apply to a flatmate’s bedroom. It is much harder to leave traces of DNA than is commonly conceived, and hardly any of Amanda’s DNA was found in her own room - where she surely spent a lot more time than in her flatmate’s.

Lastly – the knife.

Days after the murder, a large kitchen knife was seized in Raffaele’s flat, where Meredith had never set foot. Police geneticist, Patrizia Stefanoni, swabbed spots on the blade of the knife and on the handle in the knife’s first DNA Test.  One spot in particular attracted her attention: a visible scratch on the flat of the blade.  The swab taken from this scratch yielded a positive ID for Meredith Kercher.

By the third trial, when a new attempt was made to collect DNA from the knife (which had been swabbed again during the appeal trial, though no tests were then conducted) there was no match to Meredith – a result welcomed by Knox’s defence team, though it did not in fact impact on the findings of the first trial.

Stefanoni’s test – she only conducted the first - came under strong fire in the courtroom. Two independent expert witnesses called in for the appeal against Knox and Sollecito’s original 2009 conviction stated that she had not worked in conformity with standard international protocol.  Indeed, standard protocol for DNA testing involves three steps: first determining how much DNA is in a sample, secondly amplification, which reproduces the sample millions of times, and thirdly electrophoresis which produces the familiar DNA graphs showing peaks in the location of an individual’s alleles.  Under cross-examination, Stefanoni explained that quantification had given a result of “too low” as the machine she used that day was not the most sensitive one in the lab.

Knowing that samples undetectable by the machine can still be sufficient to yield positive results, she chose to continue with testing. At the second stage of testing, amplification, a sample will normally be split into two or more pieces in order to run independent tests.  But knowing that the sample was small, Stefanoni feared that cutting it in two would yield no result at all, and chose to amplify the entire sample in one unrepeatable test.  The end result was a perfect match to Meredith Kercher.

Knox’s supporters have claimed since the beginning that the accusations levied against her are based on the Italian justice system’s hatred of a pretty, American girl who likes parties and having sex. And whilst both parties protest their innocence , Thursday’s decision shows that there is real evidence against her and Sollecito, that cannot be ignored.

Posted on 02/03/14 at 10:33 AM by Peter QuennellClick here & then top left for all my posts;
Right-column links: Evidence & witnessesDNA and luminolThe two knivesAppeals 2009-2015Florence 2014+4 No firm DNA hoax
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Wednesday, January 29, 2014

Continuing Enormous Strength Of The Evidence Which Defenses Seem To Have Abysmally Failed To Shake

Posted by The TJMK Main Posters



[Above Judge Massei at Meredith’s house with panel-of-judges members early 2009]


What this Florence appeal is REALLY about

There is much confusion on this, sowed by various at-distance commentators who don’t read the Italian press or the excellent English-language reporters right there on the spot.

This is NOT a re-trial. This is a FIRST appeal by Sollecito and Knox against the guilty verdicts and sentences Judge Massei awarded them late in 2009. It is being repeated since their defense teams helped to bend the first (Hellmann court) iteration of the first appeal two years ago.

Since the end of 2009 they have been provisionally guilty of murder and other crimes, subject to final ratification by the Supreme Court, which has not yet occurred. Judge Hellmann decided to let them out and travel worldwide. Many think his decision on this was legally weak.

Was there prime-face justification for this appeal?

Under US and UK law many lawyers and judges think the judicial process could have stopped right there in the US and UK, because the grounds for appeal the defenses came up with in 2010 were essentially innuendo about DNA and little else.

But the pro-defendant Italian system unlike almost any other in the world allows appeals if any are filed to automatically go forward. So the bent, stretched-out and illegally wide-scope Hellmann appeal of 2011 was the first result.

Appointed apparently in illegal circumstances to replace the highly-qualified Judge Chiari (the lead-judge for criminal appeals, who then resigned) Judge Hellmann was ill-qualified at best - he was not a criminal judge and had handled only one other murder trial before, which he got wrong.

The annulment of the first first-appeal

The Supreme Court very rarely completely annuls any trial or appeal. But in this case in March 2013 it did just that, on a large number of grounds.

The 2013-2014 Nencini appeal court in Florence starts with the early-2010 Massei report plus new guidelines from the Supreme Court. Nothing else floated since early 2010 counts.

This case seems to break all records ever for (1) defamatory and dishonest PR; (2) dirty tricks, many illegal, by the defense; (3) dishonesty by those accused in two defamatory books and multiple statements to the press; and (4) greed and blood money while the process still goes on.

Contempt of court trials and investigations have commenced to push back, Amanda Knox is particularly at risk because her book contains false accusations of crimes (again) and she defies the Supreme Court in not paying Mr Lumumba his damages though she destroyed his business. 

Suggested Reading: Part One

Sooner or later (no necessarily now) read all the must-read posts in this group here, all the open questions for Sollecito in this group here, and all the open questions for Amanda Knox in this group here.

1. Getting up to speed on the 2008 RS and AK charges

Our four-part summary of Judge Micheli’s report is the best thing to read (scroll down) especially Micheli’s argument that ONLY Knox had any reason to re-arrange the crime scene - she lived there and needed to point evidence away from herself.

Also read Amanda Knox’s and Raffaele Sollecito’s many mutually contradictory attempts to provide one alibi for both.

2. Getting up to speed on the 2009 RS and AK trial

The prosecution performed brilliantly and left the defenses despondent and out-classed (paving the way for more dirty tricks in 2010-13) and we were told that two defense lawyers nearly walked off.

To get a flavor of how badly the defenses did, read this post and this post on Knox’s absolutely disastrous stint on the stand. From there the defense portion of the trial really went downhill.

To get a flavor of how well the prosecution did read about the damning reconstruction (known about in all of Italy but not widely elsewhere) described here and here.

3. Getting up to speed on the Massei 2010 Report

The most vital read of all is the short-form version of the Massei Report by Skeptical Bystander and a team on PMF dot Org. If you have no time to read any posts, make sure to read that.

The other vital reads, not here but on the new “The Murder Of Meredith Kercher Wiki”, are the overview of the evidence and the chart of evidence synopsis.

We had a large number of posts starting in 2010 checking out whether in all details the Massei Report got it right. Read this first take.

4. Getting up to speed on the crime-scene scenario

Vital to understanding the Massei court’s crime-scene scenario which Prosecutor Crini espouses, wade through this excellent reconstruction of the crime in a long Powerpoint by our lawyer James Raper with the Powerpoint whizz Kermit.

About Part Two

The next part of our most-recommended reading from 2010 to 2014 will follow after the verdict to help correct the ill-informed debate over whether Knox goes back to jail.

It hardens the case and in our view leaves no holes for RS and AK to wiggle through. We will point the post to those arguments that anyone tries to raise.


Tuesday, January 28, 2014

Strong Proof That Raffaele Sollecito Also Stabbed Meredith Kercher Causing The Lesser Wound.

Posted by Ergon



Sollecito’s “pocket knife” is a Spiderco Delica4 Emerson Opener made for killing people

Overview

This picks up from from my previous post just below on the large knife that overwhelming evidence shows was wielded by Amanda Knox. 

Sometime around Thursday, January 30, 2014, Judge Nencini of the Florence Appeals Court will be delivering the verdict of the court in the case of Amanda Knox and Raffaele Sollecito, at which time all arguments regarding the knives, staged burglary, DNA and forensics, false accusation, wonky alibis, and reliability of witnesses will be rendered moot.

There will be nothing left but an argument about the legality of the process, and not the evidence, presented by the defenses if they choose to at some point in the fall of 2014 before Cassazione, the Supreme Court in Rome.

But, until then, we are left with the indelible image of Raffaele Sollecito’s defense attorney Giulia Bongiorno a few days ago flailing with two knives in court, arguing (1) the kitchen knife doesn’t fit the major wound, and (2) there’s a missing knife, which she suggested was a pocket knife wielded by Rudy Guede.

In part I, I proved that the imprint of the knife on the mattress sheet matched the kitchen knife, in shape and dimensions. We have already seen in other articles here on TJMK, that there is a definitive match with Knox and Meredith Kercher’s DNA on the murder weapon, and now we know it was transported to the cottage, to leave its mirror image on the bed.

Here, in part II, is a recap of Massei on the knives and wounds inflicted on Meredith Kercher, and how the defense continually tried to divert us away from the knife image by saying it did not fit the dimensions of the major wound.

Also we will have Frank Sfarzo and Bruce Fischer’s amateurish attempts to prove that Rudy Guede caused the knife wounds. And it will try to address what happened to the missing knife that inflicted the lesser wound on Meredith, and who might have wielded it.





Closeup of the stabbing end of the Spiderco knife shown at the top


Deliberate false claims

One of the many myths surrounding this case was that investigators had no reason to seize the kitchen knife from Sollecito’s flat, and when I showed the photos from Conti’s lab, with the deep scratches on it, that it may have been altered in some way, and denying that was where some of Meredith’s DNA might have been trapped. IIP even posted an out of focus picture some time back to prove that point.

Here is Frank Sforza on the late and unlamented Perugia Shock.‘ANY KNIFE COULD HAVE DONE THAT WOUND’

End of a Myth

Frank Sfarzo, Sept. 19, 2009

Quote: “It was introduced in the room, it was taken out of the box with all precautions, it was shown to them like a relic. They could have a look at it from a distance, and see, or believe to have seen, the groove into which the biological material of Meredith was found.” And:

“Amanda Knox’s lawyer Carlo Dalla Vedova brought him (independent expert Professor Cingolani) to say something very clear about the main one: any single-edge knife is compatible with Meredith’s larger wound.”

Here is Bruce Fischer on the error-ridden Injustice In Perugia.

Quote: “The knife was a common kitchen knife retrieved from the kitchen of Raffaele Sollecito. The knife was chosen from the drawer because it looked clean. (Editorial note: it was also, deeply scratched and nicked)

No blood was on the blade.

No DNA was on the blade.

The knife doesn’t match most of the wounds on Meredith.

The knife doesn’t match the bloody imprint left on the bed.

The photographic evidence shows that Raffaele’s kitchen knife is to (sic) large to match the bloody imprint on the bed.

At 4 cm from the tip the knife blade is 2.2 cm wide, while the injury (i.e. the small wound) is 1.5 cm wide. Raffaele’s kitchen knife could not have caused the wounds. The knife blade is also too long to have inflicted the large wound.” (Ed. note: Here they are conflating the dimensions of the lesser wound with the knife that inflicted the major wound, to cause confusion)

This is typical of the dishonesty of Bruce Fischer, who was only parroting what the defense experts had been saying in Massei’s court.

Fischer’s source was these posts from the now discredited Frank Sfarzo: Knife doesn’t match wounds and Knife doesn’t match imprint on bed.



An image of Sollecito’s 2004 model Brian Tighe knife specifically made for killing people

From the Massei Report

This is from the excellent PMF translation.

P. 99: The witness (investigator) recognized it when shown Exhibit 36 as that same knife (pages 176 and 177, hearing on February 28, 2009). He remembered that in the drawer there were other knives, but he collected what was later indicated as Exhibit 36. It had the following dimensions: blade 17 cm. and handle of dark colour 14 cm. He recalled that in Sollecito’s bedroom they found another knife whose total length was 18cm, with an 8cm. blade.” (This would be his Brian Tighe pocket knife, the Spyderco flick knife was seized from his person when he was arrested)

P.135: The stab wound corresponding to the injuries on the right side of the neck was indicated as being a little wound of very small dimensions with a very small path. The path of the wound is 4cm long and only 1.5cm wide. The blade used to make this wound must have had a width of 1.5cm at 4cm from the point. This blade only entered 4cm into the neck “because it encountered the angle of the jaw” (page 33 of the transcripts).

P.147: Professor Vinci testified at the hearing of August 18, 2009. He considered the subject of the “bloody stains” found on the undersheet in Meredith Kercher’s room. In relation to these stains, on the basis of graphics given in the report dated June 30, 2009, he asserted that the knifeprint found on the undersheet in Meredith’s bedroom could have been made either by an 11.3cm knife blade, or by a 9.6cm knife blade together with a mark 1.7cm long left by the handle of the same knife. In either case, the blade could not be wider than 1.3/1.4 cm. (Ahem)

P. 154: Prof Cingolani: He clarified that irregularities present on the blade, on the edge of the blade, could have created the rippling in the wounds.

P. 157: the examination of the wound on the right part of the neck, which had absolutely incompatible dimensions: 1.5cm long and 0.4cm wide with a depth of 4cm.

p.164: she was therefore struck on the right latero-cervical region with a single-edged blade which produced a wound with dimensions of 1.5cm by 0.4cm, with a penetrating depth of 4cm: an action not relevant in determining the cause of death but intended, as before, to subdue Meredith Kercher’s resistance.

p.166: the width of the (kitchen knife) proximal third [blade one third of the distance from the handle] is 3cm.

p166: Along the edge, there was evidence of irregularities in the form of thin ridges at 2.2cm and at 11.4cm from the tip.

p. 167: The experts and consultants who were examined during the course of the trial, taking into examination the various wounds present on the neck, excluded the compatibility of the knife Exhibit 36 and the wound inflicted on the right latero-cervical and having the following dimensions: 1.5cm by 0.4cm, with a depth of 4cm in an oblique upwards direction. They in fact showed that the confiscated knife, at a distance of 4cm from the tip, has a width of approximately 3cm and thus almost double the 1.5cm width of the wound, a width thus incompatible with the dimensions of the blade of this knife.

p.172-3: In relation to the above, the thesis of the incompatibility of the most serious wound and the knife Exhibit 36 is held to be unacceptable, though this knife is incompatible with the 4cm-deep wound, as we have seen. Nor does this conclusion contrast with the circumstances illustrated by Sollecito Defence consultant Professor Vinci in his report relating to the ‚analyses of the haematic stained shapes discovered on the mattress cover in Meredith Kercher’s room‛.

p.175: The reconstruction offered by Professor Vinci certainly appears suggestive. Some doubt remains in the reconstruction of the dimensions of the knife derived in relation from the marks found on the bed sheet. If these marks indeed derived from the knife placed on the bed sheet, then they should in fact have been more abundant, and should have outlined the shape of the knife with greater precision, for the following reason: the knife, if it was placed on the bed sheet, was placed there immediately after it had been used to strike Meredith; therefore, the fresh and abundant bloodstains present on the blade should have been imprinted onto the bed sheet in a more evident and copious way than is actually appreciable. It cannot in any case remain unobserved that, if one of the knives used had a blade length of 11.3cm, or else 9.6 cm – according to what was indicated by Professor Vinci in the conclusions to his report – the argumentation set forth to sustain the incompatibility of the knife Exhibit 36 would not, on this alone, have any foundation.”

For the record, here are the paragraphs from the English translation of the Massei Report where Patricia Stefanoni describes the streaks and scratches on the double DNA knife and locations where samples were taken.

Judge Massei (on pg. 196) wrote about forensic expert Patrizia Stefanoni:

“She specified that trace B had been taken from a point on the face of the blade; she added that no biological trace was visible to the naked eye. However [she added that] “under considerable lighting, a series of streaks were visible to the naked eye. These streaks ran parallel to the upper part of the blade, therefore, more or less, they were parallel to this side [of the blade] and towards the point they went downward and, therefore, they followed the shape of the point. These streaks, anomalies in the metal, were visible to the naked eye under intense lighting” (page 95 of the transcript). Still in regard to the visibility of these streaks, she specified that they were “visible under good lighting by changing the angle at which the light hit the blade, since obviously the blade reflects light and thus creates shadows, making imperfections visible”.

The samples taken from the handle, in the points indicated with the letters A, D, F were taken in order to verify the possible presence of DNA by the person who grasped that knife. In particular, for sample “A”, a particular point had been chosen, “in which there’s the hand-guard” (page 95) and therefore, in all likelihood, the point where there was the most friction between the hand that grasped the knife and the handle. This sample yielded the result of Amanda Knox’s genetic profile.

The other samples yielded negative results, except the one taken from the blade, from the “scratches and streaks visible under good lighting, by changing the angle of the lighting with regards to the blade” that yielded the genetic profile of the victim (page 96 hearing May 22, 2009).”

And now we know: Dottora Patrizia Stefanoni got it right.

And some disagreement amongst the experts: p.291-2: Professor Cingolani had in fact noted and declared the following: “in the second lesion, the one that is 2 centimetres deep and 1.5 centimetres wide from corner to corner, the only thing that we are tempted to do, [albeit] in an absolutely amateurish/unprofessional way, because we only have photographs available, is to measure, assuming that only the tip entered, how wide the blade is [at a point] 2 centimetres from its tip: it is precisely 1.5 centimetres wide!



A closeup with measurements of Sollecito’s Brian Tighe knife made for killing people

My own investigation

Here is my initial close examination first posted on PMF dot Net last summer.

Ergon   Post subject: INVESTIGATION OF THE KNIVES USED IN THE MURDER Posted: Sun Jun 09, 2013 12:42 am

Investigation into the death of Meredith Kercher-THE CAUSE OF DEATH AND THE MEANS BY WHICH IT WAS OCCASIONED

The murder of Meredith Kercher was particularly bloody and brutal. Reading through Massei, pages 109- SURVEY AND EVALUATION OF THE FORENSIC RESULTS through to 158-173, THE CAUSE OF DEATH AND THE MEANS BY WHICH IT WAS OCCASIONED we are reminded of the brutality with which the attack took place, the sexual assault by more than one person, the restraining, the defensive wounds on Meredith’s hands, the torture by more than one knife, restraining by a hand over the mouth when she screamed, (even while she bled to death) and two major knife wounds, one to the left of the throat, the other, to the right. Massei rightly concludes, as did the Supreme Court, that more than one attacker was involved, and, per Massei, there was more than one knife used in the attack. The defense experts tried to draw attention away from the kitchen knife, but, reading through Massei again, I saw how they dropped clues to what the dimensions of the second knife might have been.

We know that Raffaele Sollecito had a fetish for violent porn, that he had an expensive collection of knives, and his many alibis for the night in question have been thrown out by the court. From my studies of criminal psychology, from reading both Amanda and Raffaele’s books and watching videos of their court appearances and television interviews, their psychopathology seem apparent not only to my eyes, but even to the general public that must have looked at them and decided their story somehow did not ring true, and refused to buy their books. There are indeed certain neurological deficits apparent in their demeanor that renowned German neurologist Dr. Gerhard Roth postulates shows up as a ‘dark patch’ in brain scans of all those who display criminal behaviour, and even, “The second type is the mentally disturbed criminal who looks at his world as threatening. A wrong look, one false move, he can explode and become a killer,” he said.

I was shown videos of the crime scene, and able to observe the wounds in Meredith’s neck. The scenes of the room in which the murder took place and, the neck wound, were truly horrifying to me, and showed the extent of the attack. Those images still sit in the mind, but also, cause me to want to get to the bottom of this mystery, hence, my work on the case.

I believe, observing the photos I already posted in the Evidence Files that the kitchen knife was the murder weapon that struck the fatal blow that night. I also believe, reading the pathologist’s report, that the blade that was stuck in Meredith’s neck, in the right latero-cervical area to a depth of 4 cms, was Raffaele Sollecito’s Brian Tighe pocket knife, photo also in the evidence files. Yes, no DNA or blood was sampled from it, but that only indicates it was successfully cleaned that night. My reading of Sollecito’s pathology is that he would not want to dispose of the knife he used, it being very expensive and also as an extension of his fetishistic ego. One other thing I asked to look at: The high resolution photos I posted of the bed show the outline and dimensions of two knives. I believe that both images are of the kitchen knife that struck Meredith in the left latero-cervical to cause a cut of 8-9 cms in depth, and a length of 8 cms (p. 167)

There are two exhibits of the mattress cover, one marked “J” and the other, “O”, both displaying the approximate size and dimensions of the kitchen knife, which I will explain when I post the photos. The first, “J”, has more blood because I believe the knife was placed there first and wicked on to the sheet, causing the distorted splotch at the end. By the time it was moved to its final position by the purse, “O”, it retained just enough blood to leave a clearer, indelible impression.

It was a butchery.”

One last point: Rep. 33A/B/C/D were four samples taken from a black-handled folding knife. It tested negative for blood, but, in one sample, the DNA profile matched a mix of Knox and Sollecito. The other samples were negative. Stefanoni: pp. 103-104

Looking at the images produced by my illustrator, and taking the average of the two estimates of the wound depth, 2 and 4 cms, one arrives at a blade width of 1.5 cms at 3 cms length from the tip of Raphaele Sollecito’s Brian Tighe collectors knife, on which, coincidentally, both Amanda Knox and Sollecito’s DNA was found.

Conclusion:

Raffaele Sollecito stabbed Meredith Kercher, causing the lesser wound. And my personal opinion? It was with the Brian Tighe knife, and somehow both he and Amanda Knox got their DNA on it around the same time that night.

Posted on 01/28/14 at 12:00 PM by ErgonClick here & then top left for all my posts;
Right-column links: Evidence & witnessesDNA and luminolThe two knivesRaff Sollecito
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