Friday, April 16, 2010

Italian Media Reporting Impartially On Prosecution Appeal Filed For Increased Sentences

Posted by Peter Quennell



[Above: Prosecutor Manuela Comodi.]

In light of the judges’ sentencing report (due soon here and on PMF in English) the prosecution have filed an appeal that Knox’s and Sollecito’s sentences be revised upward to life.

Life sentences were their original request to the court last November, and the Italian media in November and early December largely anticipated at least 30 years. The 26 years for Knox and 25 for Sollecito came to many as a surprise.

First legal advice from the Italian lawyers on our team is that at minimum this could firm up the existing sentences, and at maximum Knox and Sollecito actually could be looking at life behind bars - such upward revisions do happen. 

Remember that the Italian public are way better informed on the cruel depravity of the crime than the British or American publics.

And that Knox’s cold smug antics on the stand, during which she spoke flippantly and callously of Meredith’s passing, seemed to leave few in Italy feeling any real sympathy.

Grounds for the appeal are twofold: (1) That the judges’ arguments for the granting of extenuating circumstances was a stretch (such as the conclusion that the duvet placed over Meredith was a sign of remorse), and (2) That the judges’ dismissing of aggravating circumstances was in effect a shortfall (such as the possibility that Meredith could have been saved if they had not removed her phones, locked the door, and walked off).

The posters here and on PMF may be the largest group in the English-speaking world so far to have actually read the judges’ sentencing report.

Typically we are finding the description of the evidence to be extremely detailed and quite remorseless. There is very, very little room for argument about it, and the defense teams in the appeals will have an even tougher time laying a paw on it than they did in the course of the trial.  We are highly impressed by this - this case NEEDED this to put an end to the endless myth-mongering, and to give Meredith’s family and friends hope of some respite.

But the motives assumed in the sentencing report, the judges’ timeline (which differs from both Micheli’s and Mignini’s), and the instigating role given to Rudy Guede, were interpretations the sentencing judges made which the appeals judges may not buy into.

The defense teams will not be resting any easier in light of this. The pressures may be mounting for the lawyers and defendants to finally split three ways - we will have a major post next week on their three-way herding of one another over the past two-plus years.

And perhaps enough pressure on each of the defendants to show real remorse and finally tell their version of all.




Comments

CBS 48 Hours is not reporting so impartially.

They have been the almost exclusive US TV outlet for the Knox PR campaign for a very long time now and a deal is generally presumed. Any reports are highly suspect - they might not even be writing their own.

But their island is shrinking fast, they have made no mention to their readers as of yet of the judges sentencing report, and the usual sliming of one of the prosecutors you can see here in the post and the comments seems about all they have left.

Posted by Peter Quennell on 04/16/10 at 08:04 PM | #

Another news report from Seattle, from the Knox family:

DNA at center of Knox appeal

Posted by Hungarian on 04/18/10 at 04:45 AM | #

Same old same old at King5. 

The court is expected to set a date for a second trial. Oh yeah?  An appeal is not the same as a second trial. But the use of the term implies that the first was flawed, hence its journalistic appeal.

AK is looking forward to the battle.  We’ve been hearing how AK is looking forward to clearing her name in court, clearing up the inconsistencies, showing her true character, refuting the smears and untruths about her, getting to speak her truth without bullying distortions etc etc for two and a half years. When she stood up in court it was not a credible performance for an innocent person and the court did not believe her.

This time they are likely to have the request for an independent expert accepted. They have had two and a half years to disprove the dna and her experts did not do much of a job. Yet again it’s a case of ‘if the experts don’t give the opinion you want or are not convincing, get another expert’ The Sollecito team had the same problem with their computer experts. Nobody substantial could back their case. The same story will have the same outcome.

It all hinges on the dna. If it’s disproved they will have to release her. Big ‘IF’ But the premise is flawed. They pretend the circumstantial evidence is not there because they have failed to answer it. It wont go away. It will be seen by the appeal court just as it was in the initial trial.

AK is reading the motivations. Bully for her. Each time there is a minor setback, like getting thrown into jail, losing all requests for an appeal, getting found guilty, she quickly bounces back with amazing grace and starts reading the material so she knows how to set the record straight. It’s funny how so many guilty people do this.

Levi Bellfield has finally been charged with the murder of 13 year old Milly Dowler. He’s serving life for other murders anyway. His action in court when charged? Madly scribbling notes for his lawyer. So did John Christie. Naturally unable to explain the bodies in the cupboard it was all ’ I don’t remember’’ The prosecution psychiatrist noted that ‘‘He has…like many murderers, a remarkable capacity for dismissing the unpleasant from his mind’’

Best to just get on with your life. It’s all just too, well, urgh!  Likewise the arguing over trivialities and the semantics. Christie admitted finally not to murder but to ‘‘having killed’‘.

AK made a great deal of the pink rabbit herself while ignoring the much greater questions of where she was, why her stories have changed, do not tally etc. Does somebody who has been wrongfully accused and then convicted of a vile murder act this way?  No. They would be falling over themselves to give a coherent account of where they were, what they did, why they accused an innocent person etc in order to clear themselves.

With AK it’s all pink rabbit, tabloids and mean prosecutors and cartwheels thrown in.

The one consistency is that the defence relies solely on claiming that the prosecution evidence is all flawed. The evidence against HER of course, not against Guede. That bunch is all ok. The evidence against Sollecito? Maybe good, maybe bad, we’ll see how it goes and make our minds up later.

They have no defence. They simply claim that the prosecution has no attack. A strategy which failed miserably last time but is being wheeled out again. I guess the ideas cupboard is bare. I guess it’s back to Salty’s for a brainstormer and a whip-round to pay for Paul Ciolino’s subtle expertise.

Posted by Faustus on 04/18/10 at 01:49 PM | #

“An appeal is not the same as a second trial.”

In Italy, it often is, and will be in this case.

Posted by tom-ch on 04/19/10 at 03:01 PM | #

4/19/10

Foxes

The full truth would stun us at how cunning, voracious, and mischievous Foxy and Roxy really are.

Like a fox throwing predators off the scent, Foxy doubled back, circled around, deception to blind her pursuers. Foxy and Roxy (RS) cleaned up and destroyed evidence. The clues are missing. What they would tell!

Mignini’s request for a life sentence must reflect his vast knowledge of liars and lawbreakers. It may be the only way to make them serve serious time in prison.


Roxy seems furtive and unreadable, shy and suspicious, but Mignini knows Foxy and Roxy both harbor an extreme contempt for authority. They gloat how smart they are, but curiosity was Foxy’s worst enemy. She ran on curiosity.

Inspired by the excess of Halloween, I believe curiosity led her to try cocaine along with alcohol and marijuana (maybe Ecstasy?) and she flipped out completely. Her wild confrontations by the street waving knives, threatening a passerby and lying down in the road were drug-fueled drama.

She ran on curiosity and that is her worst enemy. Jealousy is a bad beast, too. She was jealous of Meredith.

She left her mark like a fox leaves scat. Real foxes hide food in holes and pee in the hole after they take out the food. They mark their territory a lot. The gray fox can even climb trees!

Foxy’s a vixen not a victim. Mignini saw that violence wasn’t far under the surface. Her behavior is a blend of fierceness and impudent familiarity.

Among foxes, rabies is a chief enemy. She went mad and “bit” two others, RS and RG.

Although smart and skittish, hard to capture, and easily smelling the scent of the hunter, a fox can be retrapped with the same lure by the same trapper. They’re really very simple creatures.

Posted by Hopeful on 04/19/10 at 10:30 PM | #

Hi Hopeful,

You said

” Inspired by the excess of Halloween, I believe curiosity led her to try cocaine along with alcohol and marijuana (maybe Ecstasy?) and she flipped out completely. Her wild confrontations by the street waving knives, threatening a passerby and lying down in the road were drug-fueled drama. “

Did this really happen? Did AK really wave a knife at someone on Halloween? Did she also lie down on the road?

Thanks

Posted by Paddy5000 on 04/20/10 at 01:36 AM | #

4/19/10

Paddy,

The night of Nov. 1st somewhere between 2200-2230, an Albanian man named Hekuran Kokomani said he arrived down the road from the cottage in a car. He said AK threatened him waving a knife, and that he punched RS and threw a phone and olives at AK. He drove further up the road and encountered RG who recognized him and offered Kokomani 50 Euros, then 250 Euros to hire his car. HK looked in his rearview mirror and saw RS running after the car with a knife. RS supposedly pursued him to the lights.

All this occurred about same time a wrecker (breakdown truck) arrived on the road near cottage to deal with a broken down car that had a family waiting for road help. Family was a man, woman, and child.

I’m not sure but HK said that he saw a bundle in the road that looked like garbage bags. It was dark. This turned out to be AK & RS. I’m honestly not sure how much of Kokomani’s testimony was accepted at trial, but he had told much of this to his friends immediately after it happened.

I believe the Halloween frenzy carried AK & RS’s desire to party into the next day, Nov. 1, to take advantage of the cottage almost vacant, thus more freedom for revels and experimenting.

Posted by Hopeful on 04/20/10 at 02:22 AM | #

Hi Paddy,

Hekuran Kokomani was not regarded as a credible witness by the judges and jury. His testimony had no bearing on the verdict.

Posted by The Machine on 04/20/10 at 02:48 AM | #

Anyone seen this one

Ted Simon & the Knox dog & pony show are now claiming that they have a witness that will prove that Knox & Sollecito were not present when Meredith was killed…....

I wonder how much this mystery person was paid to lie???

Posted by Mo-in-Mass.,USA on 04/20/10 at 04:08 AM | #

4/20/10

Machine,

Thanks for clarifying about Kokomani.

Posted by Hopeful on 04/21/10 at 12:17 AM | #

I’m thinking their secret witness is the baby killer - They won’t say his name so that they won’t make themselves sound foolish.

I’ve also heard the The Kercher lawyers have also filed an appeal, anyone else heard this?

Posted by John on 04/21/10 at 01:32 AM | #

@John

The article says the following:

“Lawyers for Amanda Knox, the American student convicted in Italy of murdering her roommate, say they have a new witness who can prove Knox wasn’t present when her roommmate was killed.

That cannot possibly be Alessi. He was in prison at the time Meredith Kercher was murdered, so he could not give a credible account of what happened, neither where Amanda Knox was. As a witness he is not credible and I cannot imagine anyone will be impressed with his story. Seems fabricated to me. The Knox/Mellases have already proven that they won’t stop at nothing.

On the other hand, I wouldn’t be surprised at all. So far the defence has promised lots of ‘bombshells’ that exploded right in their hands -  all of them. The Knox/Mellas family seems to be unable to learn from their mistakes.

Amanda Knox’s defence strategy reminds me on an unruly child stomping its feet when not allowed to have a candy bar.

Posted by Nell on 04/21/10 at 06:34 AM | #

“....a new witness, who can prove Amanda was not there….”

In that case she might be out of jail today, just as Patrick.

Why waiting until the end of the year?

Posted by Helder Licht on 04/21/10 at 09:33 AM | #

maybe somebody mignini bullied into silence is no longer willing to stand idly by and watch two innocent people condemed for a crime they did not comit, the police informer in all likehood committed this crime alone.

Posted by billyryan on 04/23/10 at 12:41 AM | #

Billyryan,

you said:  ” the police informer in all likehood committed this crime alone “

DOES THE HOSPITAL KNOW YOU’VE ESCAPED? IF I WAS YOUR PSYCHIATRIST I WOULD PRESCRIBE AN EXTRA STRONG DOSE OF LAXATIVE. IT WOULD CLEAR YOUR MIND AND GIVE YOU N OVERWHELMING FEELING OF ACCOMPLISHMENT. LOL

Posted by Paddy5000 on 04/23/10 at 02:04 AM | #

Paddy,
I am applauding your laxative comment while laughing hysterically! Loved it!

Giselle,
I too have had thoughts about Amanda resembling Lizzie Borden!!  I’ve even toyed with the idea that perhaps she is Lizzie reincarnated!  Glad I’m not the only one to notice the resemblance.

BillyRyan,
I think you must be partaking of the same kind of substance that got Amanda and Raffaele into so much trouble.  I’m also beginning to think that most of the population in the Seattle area share the same DNA….

Posted by Mo-in-Mass.,USA on 04/23/10 at 05:39 AM | #

of course ye know mignini would have an unbeatable case against patrick lumumba only for the witness.its amasing that ye are willing to try and make something of raffaela family being charged trying to pervert the course of justice by mignini. does he not stand convicted of the same charge himself.i think lumumba should considder himself a lucky man as i reckon there would surely have been some of his dna found on the brastrap only for the witness was a problem

Posted by billyryan on 04/23/10 at 10:53 AM | #

BillyRyan,

You have been misinformed, and thus you are dead wrong, as there is absolutely NO DNA evidence against Lumumba at the crime scene, and thus there was no reason for him to lie about his whereabouts on the night of the murder, UNLIKE all of the lies told by Amanda and Raffaele, and their DNA evidence showing that they WERE there. 

Why did Amanda try to blame Lumumba?  Because he fired her from her job due to her miscreant behaviors!  Why did she tell so many different versions of where she was that night?  How did Raffaele’s DNA get on Meredith’s bra clasp?

Instead of making absolutely incorrect and downright stupid statements about this case, go and read up on the ACTUAL EVIDENCE, not what the media portrays, and be informed of the truth.

Oh, and you might want to become familiar with Microsoft Word.  It has a spellchecker and helps prevent grammatical errors, as your post leads one to believe that you are without education in more ways than the evidentiary facts of the case.

Posted by Mo-in-Mass.,USA on 04/23/10 at 01:35 PM | #

i am glad you are so fond of me. when exactly did lumumba fire amanda,  he told her not to come to work the night of the murder as there was not much stirring, actually his business failed once amanda was arrested, it looks like it was amanda who was attracting the crowd.

nor was there any dna of amanda or raffaela in the murder room,just rudy guede and i think seventeen unidentified finger prints five unidentified dna samples on the braclasp, how the other five mean nothing and raffaela means everything is a bit hard to fathom. once the appelant court orders patrizia stefanoni to hand over the electronic data that underlies the dna test results on the knife and the braclasp i would confidently expect it to be the end of this case

an opertunist murder comitted by a thief was turned into a witch hunt against two innocent college kids.mignini ruthlessy set out to destroy amanda knox raffaela solecito and their familys but now as the appeal comes near his own life and career is at stake, and he might just take a lot of other careers with him

Posted by billyryan on 04/23/10 at 04:57 PM | #

One question, Billy:

Why on earth would the Italian prosecutor want two frame two innocent students for a crime?

Everybody knows that causing harm to a foreigner is not a good idea, because that usually generates a lot of attention to a case and possibly the involvement of a foreign government and international organizations with theoretically unlimited resources.

Also, don´t you think that some NGO´s wouldn´t have picked up the case and launched campaigns to liberate those innocently incarcerated students?

Posted by saskia on 04/24/10 at 12:02 AM | #

@saskia,

,,, but there WAS international involvement.

There were 2 embassy officials present during the trial; no trace of wrong-doing.

Then there was the defence; no complaint of wrong-doing against the PM, only respect.

Then there was FoxyKnoxy ‘thanking’ the prosecution for having done their job.

Billyryan, it’s amazing how your english improves when you’re on this site unlike the other blogs that you, MaryH and John Winters pollute.

Posted by Chan on 04/24/10 at 04:59 AM | #

BillyRyan,

Here’s a link regarding Amanda getting fired from her job at Le Chic.

He no longer wanted Amanda to work in the bar, but is a kind, caring person, so he let her work for him handing out flyers advertising the bar outside the university instead.

Take the time to review the evidence, forensic and circumstantial, with an open mind and not spout the ignorance put forth by the Knox/Mellas PR machine. While I understand that as parents they cannot believe their daughter would be involved, and that they want to have her exonerated and released, the truth is still the truth.

Posted by Mo-in-Mass.,USA on 04/24/10 at 06:20 AM | #

The notion that AK was the one keeping Patrick’s bar alive almost reads like sharp satire.

The shots on TJMK of the bar were taken in July 2008 when the bar was still closed, as Patrick was not FULLY cleared of involvement for over half a year. AK in effect caused its failure.

And she was never a magnet for customers at the bar - a thriving business for years prior to her waitressing there. We have heard reports of her hitting on customers in a way that was not universally appreciated.

By the time of her attack on Meredith she was increasingly isolating herself and pretty well friendless except for RS.

She was already an addict or close-to and drug prices were through the roof, the real rent for her room in the house was probably higher than the public one posted, and she was perilously low on funds.

Lose that job and not find another and she could have been ignominiously on her way back to Seattle flat-broke in less than two months.

Whatever growing grudges she already harbored against Meredith would have gone right through the roof on that night.

Posted by Peter Quennell on 04/24/10 at 01:48 PM | #

@Chan:

I know, and I appreciate you repeat the facts, because indeed, they underline how correct and well the trial was executed.

Only those that are in denial of the truth and that have a very particular agenda can claim that Amanda and Raffaele did not receive a fair trial in which sufficient evidence was presented to convince jury and any objective bystander of her guilt.

Posted by saskia on 04/24/10 at 11:29 PM | #

Hi Billryan. Email us if you want to remodel the comment just hidden. Mr Mignini is not a criminal and to keep calling him that repeatedly is misleading and quite possibly libelous.


Mignini is actually a much-liked and admired guy around Perugia, and Meredith’s family have enormous respect for him.  You really should read up on him - you might be stunned at what you find out. Start by reading what we have reported on him on TJMK, which is a lot. Especially Kermit’s classic take. And this one. And this one.

His demonization here in the US has lost Knox herself no end of sympathy. The specific charge made against him by the Florence prosecutor was not criminal. And it still has two layers of appeal ahead and will NEVER result in him going to prison or even losing his job.

As everybody else here knows, he was trying hard to get to the guts of the Monster of Florence mystery - and he is the ONLY one ever to try hard to do so. Preston and Spetzi seemed to be trying very hard to disrupt that effort (why? why? why? go figure!) as were a bunch of journalists (why? why? why? go figure!).

Posted by Peter Quennell on 04/26/10 at 12:38 AM | #

@Peter Quennell et all:

it’s useless trying to ‘reason’ with FOA puppets like billyryan, Mary H and John Winters ....

This is an example of what I mean; a post is made by commentator trying to point out futility and desperation of blaming Mignini (Mary H is a proFOA puppet):

“Get this: arguably, 3 of the best criminal lawyers were representing K/S; S is italian; his father an influential doctor, S’s siter was a lieutanant in the italian police force; 2 US embassy officials present; dozens of international journalists; daily media scrutiny; expert legal opinions; 19 different judges; 104 pages of judgement – and in all of this, wait for it, everyone missed what Mignini got away with ?

Except, Mary H who is now going to tell us within the context of the failings of the italian legal system, what Mignini did or didn’t do in ANOTHER case, years ago. WAS there a miniscule of allegation of an abuse of office in Knox’s case?

NO!

WAS there any complaint lodged or even voiced by the defence attorneys?

NO!

IS there any RELEVANCE to the Knox case?

NO!”

PLEASE NOTE: Remember, the objective of the post was to point out that the eyes of the world were upon Magnini and that NO-ONE had penetrated his integrity let alone lodged a formal complaint or instigated a legal proceedings against Mignini for ANY wrongdoing in the K/S case -  apart from the FOApuppets sick personal attacks levelled upon .

Here is super-sleuth Mary H’s reply to the above:

“Mary H. said
am February 5 2010 @ 3:32 am
Enzo wrote: “Get this: arguably, 3 of the best criminal lawyers were representing K/S; S is italian; his father an influential doctor, S’s siter was a lieutanant in the italian police force; 2 US embassy officials present; dozens of international journalists; daily media scrutiny; expert legal opinions; 19 different judges; 104 pages of judgement – and in all of this, wait for it, everyone missed what Mignini got away with?”

Current number of people Mignini is suing or investigating for acts of speech:

Eleven

http://knoxarchives.blogspot.com/”

Yes, that’s right, in her brilliant moment of sheer stupidity Mary H. super-sleuth posts, from the ‘knoxarchives’ no less, the defamation suits that MIGNINI has commenced against the idiots that keep defaming him. These,defamation suits instigated by MIGNINI was evidence, according to Mary H, of how corrupt Mignini was/is ......

Against this backdrop you want to reason with these puppets?

Please, we all have a breaking point in patience and common decency. Mine has long been broken ........

Posted by Chan on 04/26/10 at 02:22 PM | #

Hi Chan. Terrific! That long strong “Get this” para could have included a nationally respected co-prosecutor as well. That is an excellent short powerful list.

Both the sentencing reports (RG and AK/RS) show just how much ALL that mattered to the court was the physical evidence, behaviors, and witnesses. They give ZERO sense that they were simply channeling Mignini - or for that matter “tabloid newspapers” two-plus years previously.

Absent the vendetta against Mignini, the US context to this case would be looking like the context to any other case here. Intensely pro-victim. The checks from the Florence satanic cult must have been big ones. Spend them wisely and well, Doug and Billyryan and Mary H…

By the way, BillyRyan did not so far get back to us on the offer to remodel his comment. Actually, once the rants against Mignini are removed, it’s hard to see what would be left to remodel.

Posted by Peter Quennell on 04/27/10 at 01:39 PM | #

5/3/10

Lola,

Welcome and well done, you’ve read posts and even the books and done a lot of info gathering. I look forward to your contributions.

You will find this case rewarding. It’s like a human genome project. It seems to have a magnetic charm that may render insights into oneself. One eventually tries to figure out why he’s so drawn to this case.

Truth is stranger than fiction.

Posted by Hopeful on 05/03/10 at 05:13 PM | #

Hi Lola,

I would be very surprised if that picture was genuine. There’s lots of fake pics and stuff online, such as a fake tape of that guy that got eaten by grizzly bears in Alaska a few years back. I very much doubt that photo is genuine.

Posted by Janus on 05/04/10 at 06:21 PM | #

Lola, I am sad to have to correct myself. It seems the picture you saw possibly WAS of poor Meredith.

http://truejustice.org/ee/index.php?/tjmk/criminal_charges_almost_certain_for_serious_disrespecting_of_meredith/

Posted by Janus on 05/04/10 at 08:18 PM | #


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