Saturday, June 28, 2014

Sollecito Suddenly Remembers He Wasnt There But Cannot Speak For Knox Who (As She Said) Went Out

Posted by Peter Quennell




1. The State Of Play

Sollecito is becoming intent again on digging himself out (really). But he na dhis own team have created definite problems.

Consider for example the last two public performances by Raffaele Sollecito’s defense, both in Florence. They consisted of:

    1. Giulia Bongiorno in her summation back in January, in Florence, at the tail-end of RS’s and AK’s appeal, ranting on foolishly about Perugia and Rome justice officials, in an apparent attempt to outdo even the nastiness of Amanda Knox’s earlier email to Judge Nencini which also ranted on foolishly about those officials.

    2. Giulia Bongiorno fooishly taking strong offense to Judge Nencini wondering why Sollecito remained so bound to Knox and so little forthcoming, and then Bongiorno foolishly having her political allies advance a complaint to the Supreme Council of Magistrates, dropped after a brief investigation.

Yes that is the same Judge Nencini who already reacted firmly to abrasive pressure from the Knox camp.  And the same Judge Nencini to whom Cassation MUST refer tha case back down if there is to be any hope of adjustment of the outcome of the appeal.

Bongiorno’s were not exactly the smartest of moves.

3. Today’s New Development

An apparent u-turn, or at least a blink and slight deviation, in the suicidal game of chicken the Knox and Sollecito camps have long thought to be so smart.

Bongiorno or others very close to Sollecito, probably including his father and an aunt, seem to be again shooting for an additional degree of separation.

This familiar loosening of bonds with Amanda Knox was apparently explicit in his appeal to Cassation and today it is made slightly more explicit by Sollecito in a magazine interview.

And next Tuesday the Sollecito team will stage a press conference.

2. Fraught With Problems

The Sollecitos would be wise to bump up their plea to Cassation about 100-fold.  Substantial evidence that Sollecito was at the house still looms like an 80,000 pound gorilla - see a listing of it in one of our next posts.

And one key thing about the Italian system: it has immense capacity to hit back very hard in response to out-of-court pressure and attempts to poison public opinion.

As we have explained previously, these strong powers originate in the endless fight against the mafias, which have long used defamation of justice officials as a way of seeking some relief for their guys.

The reason why Knox is sentenced to 28 and a half years on top of her three years served for calunnia doesnt yet seem to have sunk into the slow minds of Knox or her family or her vigilantes..

But Sollecito is increasingly alive to the ability of Italian justice to hit back very hard when the justice system and its officials are impugned.

Yesterday Sollecito and his lawyer Alfredo Brizioli were being interviewed for the multiple false charges of crimes in Honor Bound The book is pretty horrific and new charges seem certain.

The foolish shadow-writer Andrew Gumbel has surfaced, and appointed a lawyer, and is expected to join him.

Our guess? Sollecito will need to tell all, and make a major plea for forgiveness from the Kerchers, if any adults with real powers are to give him any break.




Comments

too little, too late.

Posted by chami on 06/28/14 at 12:00 PM | #

Here’s a question for our Italia lawyers, which I phrase hypothetically, even though it has bearing on Sollecito’s case.

If substantial new information came out at this time, say a confession, or, admission he only abetted in the staging and clean up, then could the court split his case and refer back to Nencini, for retrial/resentencing?

As I said , hypothetical, because

a) He should have done this in Florence. He didn’t, even though he was invited to speak up.

b) His ricorso to Cassazione doesn’t mention this, so using the media to approach them might not go down well.

c) The evidence, already reviewed by Massei and Nencini, places him at the time of murder. Cassazione must have substantial reasons to take such a drastic action (they have to file a reasoning report too smile

I doubt much will happen.

Posted by Ergon on 06/28/14 at 12:29 PM | #

Hi Chami and Ergon

On whether what Sollecito is advancing is enough, I’d say no and it is almost impossible (and totally impossible for Knox) to meet the threshold. I was sent this possible scenario yesterday.

Sollecito becomes a cooperating witness in his own murder trial/appeal/Cassation last stand- and spills the beans about his collaboration in aiding and abetting Meredith’s murder/staging/crime scene tampering/lies to police.

If he offers a credible narrative, a convincing evidence-based narrative and also accepts full responsibility for his actions, then he has an excellent chance to have his jail problem mercifully reduced.

There is a great Christian tradition of absolving sinners that acknowledge their past criminal doings and ask for God’s forgiveness.

It’s not just happy talk. It happens all the time in US courtrooms.

Sollecito has good lawyers that can frame his sincere repentance in flowery lawyerese.

What’s not clear is if he actually wants to go this route at all. He seems the atheist type and hasn’t the smarts to have found God. (or at least found God’s get-out-of-jail-quick card)

It is clear it is the only route possible if he wants a shorter prison sentence.

But maybe the pressure of looming imprisonment will do wanders in urgently exercising Sollecito’s common sense.

Hence the suggestion in the post that RS needs an amazingly explanation and mea cuple - either that, or he may as well save his breath. 

Posted by Peter Quennell on 06/28/14 at 12:41 PM | #

Hi, Peter, I don’t see where in RS’s appeal filing his lawyers give any indication that will be their argument.

They seem to be trying to avoid accusing Knox directly, and just asking for acquittal? At best, I think they’ll ‘clarify’ by asking for a reduced sentence since the ‘evidence’ doesn’t say he committed murder, just he happened to be there afterwards?

It is very hard to square that scenario with the appeal documents, which are still based on arguing the DNA and bathmat/Curatolo evidence.

As a defense strategy, it sucks, and just can’t work at a Supreme Court level.

I never was one to think of Bongiorno as a legal heavyweight though I did admire her turn of phrase on occasion smile but she has seemingly been more desperate, as if she sees her reputation as it used to be going down the drain.

Posted by Ergon on 06/28/14 at 06:00 PM | #

A lot of the action on this case is happening on Twitter, as we get to see the reactions of Sollecito family members Aunt Sara and Cristina Magnani, which are very revelatory of family thinking and what their plan of action might be.

Rather than blame Amanda Knox directly, they are blaming the FOA’s over-the-top tactics as somehow contributing to little Raffaele’s woes.

FOA predictably responded by calling them “crazy women” and telling them to put a sock on it. Doug Bremner and the Chris Mellas surrogate “Guilter Watchin” were the worst offenders.

We now have Frank Sfarzo warning them not to rock the boat at the conference.

https://twitter.com/FrankSfarzo/status/482926476388761600

He actually’s been at them for some time now, promising dire consequences for their boyo’s case if they offend the FOA.

Funniest line “I wrote a book about the case [he must mean Dempsey’s] and he was acquitted. You come in, and see what happens to him.” LOL

Posted by Ergon on 06/28/14 at 06:17 PM | #

if RS said something he has not said before it would make no difference now. No more evidence can be admitted at the trial.

Fase istruttoria is over as judgement of merit.  Cassazione can only respond on points appealed and they must be points of law otherwise they are not admissible. Defendants do not talk in hearing.

Once they are convicted, for example, if he had new information on the case and new evidence that proved (in a convincing way) he is not guilty, he could ask for revisione, basically a review of the trial.

He clearly has nothing to say though ... if he said she went out, judges knew that already. If he said that night he was in Milan and could prove it conclusively, that could trigger a review of a final sentence.

We are clearly talking in theory, no such thing will happen.

Posted by Popper on 06/28/14 at 08:17 PM | #

Thanks for your response, Popper. Do you have an idea what might be said at the clarification conference then? No surprises?

Posted by Ergon on 06/28/14 at 10:45 PM | #

Sollecito has to pay his dues. Even if he withdraws his support to the Foxy, he cannot justify his own role in the crime.

He knew the victim only slightly and if the Foxy were not there, the murder would almost certainly never would have taken place. I therefore consider him only a secondary partner in crime.

HE COULD HAVE STOPPED THE DEATH OF AN INNOCENT GIRL.He just watcher her die.

And why he did keep quiet for so long? What can be his defense? How can he justify his support to a criminal? Why he did not speak out in the court? Is a press conference a logical substitute for a statement made in the court?

Hope for the best but be prepared for the worst. Even if papa can get then eye witnesses to say that he was in Milano that fateful night, neither me nor the judges will believe that.

He should have acted before the noose tightens. We have reached end of the game. We can see through the glass darkly.

Posted by chami on 06/29/14 at 01:33 AM | #

If it were true that Sollecito now admits to perverting the course of Justice by remodeling the murder scene, but did not participate in the Murder itself, what Crime would he be admitting-to?

What sentences are available in Italy for such a crime?

Posted by Cardiol MD on 06/29/14 at 02:53 AM | #

i have no idea Ergon, though i do not think we will be surprised.  unless he confesses or says i helped clean up the others killed i will not be surprised.

He will not say any of that as trial is over so at this point better wait for conviction.  even after conviction the above will hardly help, reopening of trial will not be possible.

Tomorrow is just publicity for Bongiorno who cannot lose w/o denying she has lost, GB today is like AK, has same problems. grin and needs to give impression she has not lost, even if she did, big time.

Posted by Popper on 06/29/14 at 05:55 AM | #

The evidence discussion phase is over, so SC will not hear any evidence now.

After the final conviction a one sided statement that he helped clean up the scene and not murder, 7 years after the murder, will not allow any reopening of the case ...

This is allowed only for reasons strictly envisaged in the code (clear errors).  Need more.

RS could get the case reopened if he said that and AK confirmed she killed MK with RG, and RS only helped clean the scene.  Chance almost zero.

Posted by Popper on 06/29/14 at 06:04 AM | #

obviously in that case AK would have to explain who was the guy with her seen by AC ...

Posted by Popper on 06/29/14 at 06:09 AM | #

Thanks again, Popper. That last bit, about AC, is one that always struck me about this case

He is derided by the defendants as a homeless junkie, but, I sat on his bench and looked at the fence from where you can look at the entrance to the cottage.

He saw what he said he did that night.

Antonio Curatolo, RIP.

Posted by Ergon on 06/29/14 at 10:33 AM | #

@SeekingUnderstanding, thank you. I thoroughly enjoyed your insights about Raffaele which I just saw today.

As he is back in the spotlight for the July 1 press conference, your observations about him are timely. He does seem more introverted than Knox, and less articulate. Correct me if I misinterpret what you said about him, that rather than lash out at others aggressively like Knox does to disperse and blame others for her awful feelings about her dark side, Sollecito does the opposite and feels the weight of shame but turns the unbearable feelings inward. He is poster child for passive-aggressive.

I also believe he does have a sense of deep loyalty and faithfulness to his family, since his father has never abandoned him nor did his mother. He has misplaced loyalties at times, and combines a stubborn streak with false sense of need to persevere after he has made wrong steps.

This comment is mainly a review of what you conclude about Raf, but bears repeating. He is ashamed of his “catastrophically bad judgment.” I agree, his pride is wounded, his vanity more than his love for Knox.

I believe Raffaele sincerely regrets what he realizes he has done to his own family, but still can’t quite confess it. Maybe part of him is sorry but part of him is secretly glad he is controlling his father’s destiny, in punitive action for divorcing his mother. He also sent his sister’s career down the cliff. His sister is really to blame for that so with true passive-aggressive deceptiveness he can hide his responsibility for it while causing it.

His wanky emotions have made a trainwreck of his intelligence and caused him to do “idiotically stupid” things and self-destruct.

His drug use to relieve inner confusion caused by lack of self-identity is a coping method that does more harm than good. His patience is more of a drug stupor that makes him slow to act, than real gritted teeth patience, which may be why we’ve waited this long (6 years) for him to reveal the truth about Knox.

He stayed in a cloud of marijuana until she came along. She liked the drugs, too. He allowed her to set the course of his life because he needed or wanted a woman to sort out his emotions. Maybe he was competing with dad with a new hot blondie, too. He didn’t fathom that Knox would become so extreme and so terrifying.

He underestimated Knox, and she saw she could manipulate and destroy him with one hand tied behind her back. She reveled in the besotted weakling, and she felt superiority over Guede too, and soon despised them both. She wouldn’t fall into some darkened room or quiet void of depression like Raffaele’s mom had done giving up on life. The insulated quiet Italian boy raised scrupulously did not see that with Knox he would be “swallowed up in the juggernaut AK set in motion”. He wanted her power and excited vision, but he couldn’t understand her mental illness that went with it. Love is blind.

As long as he could blame her and not himself maybe he was OK with it, especially with drugs to dull the pain, until he felt the full impact of her punishment and years later her treachery. Finally he grew a brain and saw it was Knox who betrayed him, not vice versa. Maybe the press conference is to set that straight.

His drug use got him through much of his first year of prison when he lost all sense of time and space. He was a basketcase. He probably used meds his last 3 years behind bars as well. Perhaps Dr. Sollecito saw that his son got legal prescriptions for him, maybe even purchasing prison favors that way, who knows?

Maybe Knox scoffed at Raf’s crutch, and she continued to compete with him behind bars. She scoffed at her mom for taking antidepressants. Knox had no room to talk as she herself was reportedly a massive drug user at UW and in Italy found a job where liquor flowed.

Has Raf continued the drug use? Does Greta his new girlfriend use drugs? Or has he sworn them off motivated by anger and determination to clear his head for his legal fight?

The concept of “anima” is unknown to me, although the term is familiar. I will research it online, thank you. Your insights are always valuable, thank you for sharing them. Thanks for educating us in the short comment format which can’t do justice to your full knowledge of the subject, but does shed a lot of light and points the way.


Raffaele’s mother and her sad demise seem to be at the root of her son’s depression. Raf has lack of confidence and the need to bluff where he feels no real power. He and Knox are still learning tricks from each other.

I think Knox may have been a father-figure to him in a twisted way, because Amanda is energetic and adventurous and for a short while in Perugia seemed to have it all together and be a hard worker like his dad. Raf met Knox at the peak of her exhileration with her new life in Italy. Like a drug high, it might not have lasted. He was completely deceived.

He may have felt he could never compete with his older sister who might have seemed to him like Amanda and his dad: energetic, capable, feet on ground. This is probably what Raf needs in his life.

Raf commented on Knox living life as if in a dream, there was no reality in her mind, she lived only for pleasure. Maybe he did not like this side of her. This was his wakeup call and he spoke about it openly because it was something he didn’t like, having thought at first glance she was a strong American. He didn’t know whether to attribute her odd mental impracticality to her nationality, her genetics, her femaleness, or her unknown religious upbringing. He had no clue, and maybe it even made him feel stronger and more grounded by comparison since he had formerly thought of himself as a tetherless dreamer but he didn’t want another spaced out confused dreamer like himself for a partner and was having second thoughts. He preferred her rough kick-butt side. She was the brother he never had, a wild West type, a cowboy to climb trees with and roam the range, the key to a new country after his launch to Munich didn’t work out.

In early childhood Raf maybe got labeled or saw himself as “slow” or “dumb” and began to live a self-fulfilling prophecy. He might have felt misunderstood knowing that he did have a lot of intelligence, but that he did not have the same personality as his dad or sis, and not wanting to be equated with his pushed aside mom. He must have felt very alone.

He also may be carrying a lot of shame about his MPD Psycho habit and his secret fantasy life of violence.

Raffaele may have been turned off yet partly tantalized by his father’s profession. A doctor sees a lot of blood and gruesome things with the body.

Raffaele may hero worship a father who can face such grotesque things without wincing, and a sister who had power with the police and saw crime victims.

You mention the Arts and a psychologist who treated performers with burnout and creative types who needed help or a life coach. Maybe Raffaele does see himself as more that artsy type of person, someone wanting to create computer games, sci-fi fantasy, or be an “Experience Teller”. He did write a book, so maybe he does fall into the category of artistic temperament, which often needs a guide or an infusion of stiffened backbone to face the realities of life in a business sense.

Knox seems to be struggling with math, yet her mom is a math teacher and her dad an accountant.

Posted by Hopeful on 06/29/14 at 01:51 PM | #

Wow Hopeful. Your observations are fascinating…truly.
Continued gratitude to all contributors. That includes the EXCELLENT work done by TJMK, PMF’s and twitter bugs.
I guess there will always be those who question/criticise the heartfelt intentions of “us”, but it doesn’t matter. Wink

Posted by Bettina on 06/30/14 at 01:23 AM | #

Thank you Hopeful.
You have been sensitive to many of the unconscious ‘threads’ in the situation which are undoubtedly important components of the tragedy.
One could say that Amanda has the same problem with her ‘animus’ ( unconscious masculine energy) as Raphaele has with his ‘anima’ (unconscious feminine energy, or his feminine side)... And thus the fated attraction.
These are Jungian terms - for those who are not familiar - which Jung invented to talk about unconsciously driven energy. He put forward 4 ‘levels’ or stages of development within each - as we develop and mature we learn to handle and integrate these energies within ourselves, become conscious of them, and put them into creative and inventive use. Hopefully. In the positive model.

If you notice, in the early days, Raphaele said things like “Amanda couldn’t do something like this…she was always ‘gentle’ and ‘sweet’’ ... (I don’t remember the exact quote, but a few of these statements did strike me).
This would indicate to me a mismatch between the reality of AK, and Raphaele’s own image of her - how he saw her, or wanted to see her as. Therefore he may well have been projecting his (immature) anima onto her, and not seen her at all. Hence the process where ‘Love is blind’. Especially young love.
If so, it is no wonder at all that he was thrown into an irresolvable turmoil of confusion - confusion which is still reflected in his latest ‘events’.

Posted by SeekingUnderstanding on 06/30/14 at 08:46 AM | #


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