Thursday, February 07, 2019

How Knox’s Ill-Advised ECHR Complaint Seems To Now Leave Her Worse-Off

Posted by The TJMK Main Posters



Dalla Vedova and Knox: Tripped up by body of lies?

[Long post. Click here to go straight to Comments]

Overview Of The Post

This post is in two parts. The first part historically frames Knox’s ECHR complaint; the second part by KrissyG goes deep into Italy’s legal position now.

Part One: How The ECHR Complaint Came About

Remember how Knox’s ECHR appeal began.

Post their release by Judge Hellman, the year 2012 was a time of wild highs for Knox and Sollecito who both wrote their books and set out on victory tours - Sollecito late 2012, Knox early 2013.

But in late March 2013, the Supreme Court First Chambers did a rare and very surprising thing.

That court did not merely quibble with aspects of Knox’s and Sollecito’s 2011 appeal outcome (normal practice) or send it back down to Judge Hellman to correct a few minor things in law.

Instead, it more or less wiped the slate clean.

In scathing terms, the First Chambers annulled the 2011 outcome (except for Hellman’s “guilty” calunnia ruling for Knox) and sent it off with some guidelines to a different judge (Nencini) in a different city (Florence), to run Knox’s and Sollecito’s first appeal all over again.

Judge Hellman was forcibly retired.

Throughout most of 2013, in the months before the Florence court convened, though feigning triumphalism, Knox and Sollecito each appeared to be scared out of their wits.

Knox was too frightened to even attend, despite her Italian lawyers flying to Seattle to try to drag her back (the last time they set eyes on her, nearly six years ago). She sent a foolish email to the judge which quite possibly made things worse for her.

For his part, a somewhat more buoyant Sollecito lingered for some months in the Dominican Republics (which had no extradition treaty with Italy) with his unsavory Canadian relatives (who he might have been hoping would offer him a job) but at the last moment (apparently with some arm-twisting by his dad) did arrive back for the court sessions. (He soon took off again.)

As generally expected by followers of the damning 2009 trial, Nencini’s judgment resulted in both Knox and Sollecito going down hard once again. Their sentences were reinstated, and now subject only to the Supreme Court giving the nod.

It was right here in this context that one of Knox’s lawyers, Carlo Dalla Vedova (who is not a criminal lawyer) attempted what Americans call a “Hail Mary pass”. There is no sign that Knox’s other lawyer, Luciano Ghirga, went along with him.

He filed the ECHR complaint, seemingly mainly (as many other Italian lawyers have done) to fire a shot across the bows of the Supreme Court in a bid for leniency. (Separately, Sollecito was trying other measures.)

Dalla Vedova and Knox kept the complaint document to themselves, so nobody had any chance to fact-check it and see whether the claims stood up. Knox followers shared wild fantasies about what the document requested. 

The ECHR “investigation” was very detached from the 2009 trial and its participants and its documents. Many documents we translated and know well seem not even to have been read and understood.

The ECHR’s final report relies very heavily on three very misleading reports: (1) the Knox complaint itself; (2) the Hellman sentencing report - despite it having zero standing; and (3) the Boninsegna report refusing a second calunnia judgment against Knox for wild and damaging claims she had made against some Perugia police headquarters staff. 

The ECHR seems ignorant of many fundamental facts of the case.

For example it seems ignorant of the fact that Knox was flouting a Supreme Court ruling (four years previously) that Knox MUST still pay Patrick an award for damages of about $100,000.

Worse, the ECHR found that it did not matter that the Knox legal process was not yet done because, they claimed, it would be soon.  But, as a direct result of breaking its own rules, the ECHR advanced ignorant of the fact that subsequent to the Knox filing the Supreme Court had rebuffed any ECHR findings against Italy in advance.

From the 2015 Marasca-Bruno Sentencing Report:

2.2. The request of Amanda Knox’s defense aimed at the postponing of the present trial to wait for the decision of the European Court of Justice [sic] has no merit, due to the definitive status of the guilty verdict for the crime of calunnia, now protected [locked in stone] as a partial final status against a denouncement of arbitrary and coercive treatments allegedly carried out by the investigators against the accused to the point of coercing her will and damaging her moral freedom in violation of article 188 of penal procedure code.

And also, a possible decision of the European Court in favor of Ms. Knox, in the sense of a desired recognition of non-orthodox treatment of her by investigators, could not in any way affect the final verdict, not even in the event of a possible review of the verdict, considering the slanderous accusations that the accused produced against Lumumba consequent to the asserted coercions, and confirmed by her before the Public Prosecutor during the subsequent session [ending 5:45], in a context which, institutionally, is immune from anomalous psychological pressures; and also confirmed in her memoriale, at a moment when the same accuser was alone with herself and her conscience in conditions of objective peacefulness, sheltered from environmental influence; and were even restated, after some time, during the validation of the arrest of Lumumba, before the investigating judge in charge.

And even worse! The ECHR seems ignorant of the fact that IF Knox’s complaints of abuse were credible to her lawyers they MUST convey the complaints to the authorities. In fact if they do not, they risk criminal penalties and even being disbarred (and may still do). In fact in 2008 both lawyers publicly announced to the media that Knox should stop telling so many lies and that they never said she was hit.

Without such an initiating complaint, the Republic of Italy can never be at fault. 

But on the plus side for Italy and the very minus side for Knox (1) the ECHR dismissed the Knox claims of abuse (“torture”) that might have shored up any attempt by her to get the calunnia conviction revisited; and (2) prospects for any Knox claim for damages for her 1-4 years in prison are terminally gone.

What DID Knox get out of this? A recommendation to Italy - which can take it or leave it -  for a very tiny award (based on patently wrong claims) which is in any case likely to end up in Patrick Lumumba’s hands!!

As the ECHR ruling is only advisory, Knox cannot argue about it or seek to repudiate it or seek to adjust the suggested award - but the Republic of Italy certainly can.

Part Two: KrissyG’s Analysis Of Where Italy’s Legal Position Now Stands

Summary

The main issues revolve around the question of admissibility.  I have identified two or three possible grounds of appeal on points of law.  They are: 

(a) Italy submitted that date-wise, the application by Knox had been submitted too early as the hearings had not yet been finalized.  ECHR rejects this saying that the hearings finalized very shortly after.  As far as I can see, this is not so.

(b) The ECHR relies on comments by Hellmann Appeal Court, which was largely superseded and outranked by Chieffi Supreme Court, to argue factors of free will.

(c) The ECHR relies heavily on police minutes and the fact interpreter Donnino and a police office, RI, fail to record details of their expressions of familiarity with Knox, or make a note that (i) Knox was asked if she wanted a lawyer and declined, (ii) that start and end times are not recorded, and that (iii) hours are condensed into minutes. Is it an error of law to assume these police minutes represented a failure of procedure?

ADMISSIBILITY

This takes up the larger part of the ECHR deliberations.  We can see that the dates are out of time and we can see it is keen to ‘get round’ this.  The relatively minor issues of police eagerness to befriend Knox, albeit misguided and improper, has clearly outraged the ECHR.

“I. PRELIMINARY REMARKS

A. The subject of the dispute

108. The Court notes from the outset that the applicant’s complaints relate solely to the criminal proceedings at the end of which she was sentenced to three years’ imprisonment for slanderous denunciation of DL and not to the other proceedings. of which she was the subject.

B. Failure to exhaust domestic remedies in respect of the complaints under Article 6 §§ 1 and 3 (a) and (c) of the Convention

109. The Government submitted that, at the time of the introduction of the application, on 24 November 2013, the applicant’s conviction for slanderous denunciation was not final and that, therefore, this part of the complaint should be declared inadmissible.

110. The Court reiterates that the exhaustion of domestic remedies is assessed, with certain exceptions, at the date of submission of the application to the Court (Baumann v. France, No. 33592/96, § 47, ECHR 2001- V (extracts)).

111. However, it also recalls that it tolerates the completion of the last level of domestic remedies shortly after the filing of the application, but before it is called upon to decide on the admissibility of the application (Zalyan et al. Armenia, Nos. 36894/04 and 3521/07, § 238, March 17, 2016, and Škorjanec v. Croatia, No. 25536/14, § 44, March 28, 2017).

112. In any event, in the present case, the Court notes that the conviction in question was confirmed by the judgment of the Court of Cassation filed on 18 June 2013, at the end of three degrees of jurisdiction, and that the reference to the Assize Court of Appeal concerned only the existence of the aggravating circumstance.
113. In view of the foregoing, the objection raised by the Government must be rejected.”

Was the ECHR application premature?

By the ECHR’s own rules, as stated above, the submission was lodged 24 Nov 2013, when all domestic channels were supposed to have been exhausted.  The calunnia conviction against Lumumba had been finalised through Chieffi & Vecchio Supreme Court 18 June 2013. 

However, the second – and completely separate - case of calunnia brought by the police and prosecutor did not go through Boninsegna until 14 Jan 2015, on whose motivational report Knox and the ECHR heavily rely, over a year later.

Knox was acquitted by Bonisegna, hence, there was nothing for her to appeal against.  Further, Boninsegna had nothing at all to do with the merits of the Lumumba callunia, tried in 2009 and upheld at every stage, even by the egregious Hellmann court, whose judgement was largely expunged.

Why does the ECHR rely heavily on Hellmann and Boninsegna and not the superior Supreme and final court of Chieffi?

Even curiouser, Knox and the ECHR also rely heavily on quoting Hellmann of 3 Oct 2011.  Yet Hellmann was overrided and superseded by the superior Chieffi Supreme Court, finalised 9 Sept 2013.

The ECHR quotes Hellmann at some length, when it surely should have referred to Chieffi.

As an example, the judgment, translated from French, quotes Hellman as follows:

130. The Court observes that, in its judgment of 3 October 2011, [Hellmann] the Court of Appeal also emphasized the excessive length of the interrogations, the applicant’s vulnerability and the psychological pressure suffered by her, a pressure which was likely to compromise the spontaneity of his statements, as well as his state of oppression and stress.

It considered that the applicant had, in fact, been tortured to death, resulting in an unbearable psychological situation from which, in order to extricate herself, she had made incriminating statements in respect of DL (see paragraph 85 (8) and (10) above). ).

Yet the Chieffi Supreme Court in spiking much of Hellman’s lower court judgment writes:

So Knox was in a position, even after an initial although long moment of bewilderment, amnesia and confusion, to regain control of herself and understand the gravity of the conduct she was adopting; at the very least, in the days immediately following her heedless initiative she could have pointed out to the investigators that she had led them in a false direction, availing herself of the support of her Defence team, given that in the meantime she had acquired the status of a suspect.

Her persistence in her criminal attitude (discovered only through her taped conversation with her mother) proves the clear divergence with behaviour that could be interpreted as an attempt at cooperation, as the Defence would have it, and does not lend itself to evaluation as a response to a state of necessity, the very existence of which depends on a condition of inevitability and thus on the non‐existence of any alternatives, so that it cannot even be recognized [as existing] as [her own] erroneous hypothesis.

Neither can the exercise of any right be invoked, given that the right of [self] defence does not extend under the legal system of any constitutional state to the point of allowing one to implicate an innocent person so seriously – it is worth recalling that he [Lumumba] underwent a period of incarceration uniquely and exclusively on the basis of the false accusations of the defendant.

How Material is Knox’ Claim of being denied Legal Assistance?

Having ruled in favour of admissibility, the ECHR ruled that as the nature of Knox’ complaints of being hit and being placed under great duress triggered at least the lowest level of a potential Article 3 complaint, that of degrading and inhuman treatment, Italy should have taken it upon itself to launch an investigation of its own initiative into the allegations made against the interpreter [Donnino] and another officer [RI].  ‘RI’ claimed to have cuddled Knox, stroked her hair and held her hands.  This, the ECHR rules, had the effect of undermining Knox’ dignity and independence of will.

It has several criticisms surrounding this behavior including the fact it is not minuted in the police notes, and nor is the start and end times of the supposed ‘interrogations’ at 1:45 and 5:45.

The serious issue of course though is that of being allowed a lawyer. The ECHR writes of Italy’s defense (‘the Government’)

142. The Government observes that the statements made by the complainant on 6 November 2007 in the absence of a lawyer were declared unusable in relation to the offenses under investigation, namely the murder of MK and the sexual violence perpetrated at against him. However, it states that, according to the established case law of the Court of Cassation (judgments Nos. 10089 of 2005, 26460 of 2010 and 33583 of 2015), spontaneous statements made by a person under investigation in the absence of a defender can in any case, be used when they constitute, as in this case, an offense in themselves. He added that the applicant had the assistance of a lawyer when the first indications of his responsibility for the murder of Mr K appeared.

143. In addition, the Government alleged that the applicant had been sentenced for slanderous disclosure not only on the basis of the statements made on 6 November 2007, but also on the basis of “a multitude of other circumstances”, recalled in the judgment of conviction of the Assize Court of 5 December 2009 (see paragraph 80 above).

144. The complainant submits that she was not informed of her right to legal assistance during her hearings on 6 November 2007, since a defense lawyer was not appointed until 8.30 am that day, and denounces the impact of the use of this evidence on the fairness of the proceedings.

A. Admissibility

145. Noting that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention and that it does not face any other ground of inadmissibility, the Court declares it admissible.
2. Application of general principles to the facts of this case

(a) The applicability of Article 6 of the Convention
(b) 146:

147. The Court notes at the outset that the first question in this case is whether Article 6 § 1 of the Convention was applicable to the facts of the case. It recalls in that regard that, on 6 November 2007, the applicant was heard twice: at 1.45 am and 5.45 am

148. It notes that the two statements were originally collected as part of the police’s acquisition of summary information, during which time the complainant had not been formally investigated.

149. With regard to the statements taken at 1.45 am, the Court reiterates that the guarantees offered by Article 6 §§ 1 and 3 of the Convention apply to any “accused” in the autonomous sense of the term. the Convention. There is a “criminal charge” where a person is formally charged by the competent authorities or where the acts of the latter on account of the suspicions against them have a significant impact on his situation (Simeonovi, cited above). , §§ 110-111).

150. Applying this principle to the present case, the Court therefore wonders whether, at the time of the hearings, the domestic authorities had reasonable grounds to suspect that the applicant was involved in the murder of Mr K.

151. It observes in that regard that the applicant had already been heard by the police on 2, 3 and 4 November 2007 and that she had been tapped. It notes that the facts of the case also show that, on the evening of 5 November 2007, the attention of the investigators focused on the applicant (see paragraphs 12-14 above). She notes that while she went to the police station spontaneously, she was asked questions in the corridor by police officers who then continued to interrogate her in a room where she had been interrogated. subjected twice, for hours, to close interrogations.

152. In the Court’s view, even assuming that these elements are not sufficient to conclude that, at 1.45 am on 6 November 2007, the applicant could be considered to be a suspect within the meaning of its case-law, it is necessary to note that, as the Government acknowledged, when she made her 5:45 statements to the public prosecutor, the applicant had formally acquired the status of a person under indictment. The Court therefore considers that there is no doubt that, at 5.45 am at the latest, the applicant was the subject of a criminal charge within the meaning of the Convention (Ibrahim and Others, cited above, § 296).

(b) The existence of overriding reasons for the restriction of the right of access to a lawyer.

Knox and her lawyers again has a second bite of the cherry and rehashes what was surely res judicata by Chieffi:

2.1.16 ‐ Inconsistency and manifest lack of logic in the reasoning concerning the failure to recognize an aggravating circumstance in the aims underlying the confirmed offence of calunnia. [The Prosecutor General argues as follows:] In upholding the offence of calunnia as charged against Ms Knox, the second instance court ruled out any link with the murder. It was not explained on what basis the court had inferred that the young woman had been stressed by the interviewers and that therefore she had committed the calunnia to “free” herself from the questions of the investigators, seeing that none of the young people who were living in that house, none of Ms Kercher’s friends, and many others in the days immediately following the murder, all of whom were summoned and interrogated, had the insane idea of committing a calunnia to free themselves from the weight of the unpleasant situation.

[43] The objective facts are therefore absolutely irrefutable, as was deemed in both trials; whereas the argument adopted from a subjective point of view, according to which the young woman resorted to extreme behaviour by giving the name of Lumumba only in order to get out of a situation of mental discomfort into which she was driven by the excessive zeal and unjustifiable intemperance of the investigators, cannot be well‐founded given that – as it was ascertained – the accusation of Lumumba was maintained after her first statements and re‐affirmed in the letter, which was written in complete solitude and at a certain distance in time from the first uncontrolled reaction in response to an insistent request for a name by the police. 

JUDGEMENT OF THE SUPREME COURT OF CASSATION OF THE REPUBLIC OF ITALY (PRESIDED OVER BY DR SEVERO CHIEFFI) IN THE MURDER OF MEREDITH KERCHER

Translated from Italian into English by http://www.perugiamurderfile.org 9 September 2013


The whole issue of whether Knox was denied a lawyer, I am sure could be an article in its own right and I know others have strong views on this issue, therefore I shall leave it here to set out the ECHR reasoning.

CONCLUSION

So, we have a heavy reliance on the judgments of Hellmann and Bonisegna, when it seems to me, Hellmann is overrided by Chieffi who upholds Hellmann’s own final conviction anyway and Boninsegna is well past the earliest admissibility date, quite aside from not being directly involved in the Lumumba calumny at all.

Having ruled that objections by Italy can be swept aside, including that of failure to exhaust domestic avenues, the ECHR then goes on to rule on Knox’ lawyer status without proper reference to the latest and highest courts.  I can understand the argument that Italy should itself have investigated the police brutality anyway.  The rest of the reasoning seems misguided in light of what higher courts than those referred to have found. 

Krissy G
28 Jan 2019

Sources

2103 The Supreme Court of Cassation of Italy Sentencing Report

Knox Complaint: The Full ECHR Judgment (English version soon available here.)

Posted on 02/07/19 at 02:02 PM by The TJMK Main PostersClick here & then top left for all my posts;
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Friday, February 01, 2019

Migration To Quality Media Continues - Away From Bottom-Feeders Hosting Knox

Posted by Peter Quennell


Demonization Enablers

Truth-telling media such as the New York Times have seen a sizeable readership influx.

Meanwhile the tabloid bottom-feeders gasp for air. Brooklyn’s VICE Media is one of those badly hit. Staff layoffs are as the video describes.

VICE gave Knox a platform just under a year ago, to wail about demonized women.

Knox omitted to point out (and sloppy VICE failed to find out) that the barbaric Knox herself is one of the nastiest most dangerous demonizers on the planet.

VICE should never never never have espoused bigotry against any country, which of course is what it was doing in providing Knox a platform.

And the bigotry was voiced in English, against a country whose first language is Italian, and whose defamed officials have no easy way of responding.

Posted on 02/01/19 at 01:14 AM by Peter QuennellClick here & then top left for all my posts;
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Wednesday, January 23, 2019

Euro Court Of Human Rights May Rule Tomorrow On Knox’s Much-Hyped “Appeal”

Posted by Machiavelli



Dr Guido Raimondi, Italian, current president of the Court

[Long post. Click here to go straight to Comments]

1. A Weak Submission By Knox Team At Best

Italian defence lawyers file more spurious “appeals” in Strasbourg than any other.

Knox’s “appeal” was filed by her lawyer Dalla Vedova FIVE-PLUS years ago. The ECHR saw nothing in it to cause haste. It was submitted following the Nencini appeal where the court, following Cassazione guidelines, had reiterated a very strong case and Knox’s guilt for murder was reaffirmed.

Since then Knox has been confirmed definitively guilty of calunnia, case closed, not subject to reversal, and she has served her three years. Also she was found not guilty of Meredith’s murder by the Fifth Chambers of Cassazione - which should not even have got into the evidence under law.

Here are our main past posts explaining the spurious nature of what Strasbourg received.

Click for Post:  Amanda Knox Lies Again To Get Herself Into Another European Court “But Really, Judge, Its Only PR” (Kermit)

Click for Post:  Note For Strasbourg Court & State Department: Knox Herself Proves She Lies About Her Interrogation (James Raper)

Click for Post:  Multiple Provably False Claims About “Forced Confession” Really Big Problem For Dalla Vedova & Knox (Finn MacCool)

Click for Post:  Knox’s Unsound Appeal To The European Court Of Human Rights Slapped Down By Cassation (Main Posters)

Click for Post:  Carlo Dalla Vedova, Is ECHR Made Aware Italian Law REQUIRES Lawyers To First File Local Complaints? (Main Posters)

Click for Post:  Carlo Dalla Vedova: Is ECHR Advised You Condoned Malicious Defamation By Knox Of Chief Prosecutor? (Main Posters)

Click for Post:  Bad News For Knox -  Buzz From Italy Is Spurious ECHR Appeal Will Probably Fail (Main Posters)

Click for Post:  Telling Non-Development For Knox Re The European Court Of Human Rights In Strasbourg (Main Posters)




2. My Takes On The ECHR Judges And Italy’s Role

Now, we know the ECHR response is on the docket for the court most likely Thursday the 24th (one of 48 cases) and if not then the 29th.

We DONT know if a full decision has been reached.  We cannot tell yet what the ECHR verdict will be. But we can tell in advance a few things, which we should point out:

1) The ECHR verdict will not be a “yes” or “no” response; that is, whatever kind of agreement the Court may find with Knox’s recourse, the pro-Knox advocates if any are left will try to make it look as if it was a full “yes” to Knox’s narrative while it is certain it will not endorse her fully if at all. In other words they could twist it and use it as a media stunt just to have the media reporting incline their way, and they won’t pay attention to any actual content;

2) How the ECHR rules, is something that depends on how the State Attorney of Italy in Rome decided to submit: if she decided to defend Italy’s position and on what points, to what degree. Therefore, the submission and outcome are basically political: they do not involve an applicant (Knox) against an independent party, but rather against a political entity (Italy) that may or may not offer a defense and if it does so, it may follow political criteria.

So the response does not depend very much on Knox’s telling the truth or not, but more on Italy’s political interest in “winning” the points or not.

For these reasons, while we know that there are legal and factual arguments to reject completely all of Knox’s claims - and to expose some of her claims as abusive - we actually don’t know exactly how much of an interest the State of Italy had in exposing her abusive arguments and defeating her points. We don’t know, for example, if the State Attorney worked to find and bring forth all key facts (see Part 1 above) and to submit all possible evidence to the Court.

The work of the Court is very indirect. They mostly don’t perform any actual fact finding directly. Rather they rely on organs of the State party to submit to them a report about the facts - and they certainly won’t have a way to discover any information that is missing in the reports (unless the other party pushes for that).
 
The ECHR Court does not actually assess the merits of a trial; it is no real “appeal” instance. The political nature of the “trial” thus is the reason why we don’t know what the Court will decide on each point; and it is also one of the reasons why the ECHR decision will be basically meaningless however pro or anti Knox.

3) The ECHR court in any case WILL NOT suggest (it cannot demand) any court review of all the steps of the case 2007-15 by the Italian courts.

The ECHR WILL NOT overturn the calunnia conviction. This should be absolutely clear: the calunnia conviction is definitive. Cassazione firmly closed it down. Knox is never going to be “cleared”. She is a convicted felon and will remain such for life.

Knox was also found beyond reasonable doubt by Cassazione to be present in the murder room when Meredith was killed, she washed her blood from her hands, and it is definitively established in Knox/Sollecito Bruno/Marasca ruling that Guede did not kill alone and Meredith was physically killed by more than one person.

It is also definitively recognized by the Bruno/Marasca ruling and also by subsequent rulings, that Knox and Sollecito are repetitive liars (“all their versions are lies”).

One reason why there will never be a trial review of Knox’s calunnia conviction is that Knox’s application to the ECHR actually willfully omits this component.

In other words, Knox simply does not want a second calunnia trial - probably mainly because her lawyers know that she would be found guilty again in a new trial, even if the “spontaneous statements” were considered inadmissible as evidence: there is sufficient evidence that she committed calunnia even without the 1:54 and 5.45 statements).

4) the Knox ECHR application contradicts Knox’s recollection of facts she gave in her book (one of the multiple version she gave), for example in the ECHR application she accuses “Perugian doctors” of performing a fake HIV test and leaking results to the media, while in her book she accuses an abusive prison guard.

5) it is to be pointed out that, independently from ECHR ruling, we can show that Knox’s application claims are false, contradicted by trial documents, and mostly contradicted by her own positions in the trial and subsequent statements. 

6) The President Judge of the Court panel is an Italian Magistrate, his name is Guido Raimondi, he is from Naples, and this is one of his last ruling before his retirement.

As our readers might guess, I am allergic to Neapolitan Magistrates who are by their last rulings just before retirement! But let’s wait and see (he might be a decent and honest person; I don’t like his position of link to the Naples Office though).

7)  I’d like to point out a peculiarity of Knox’s ECHR application: the only part among the claims that has some chance to be accepted by the Strasbourg Court, in my opinion, is the claim about alleged violations by the police, that is where Knox claims she was not “told” early enough she was a suspect by police officers and complains about not having a good interpreter.

Albeit there is no actual violation of Italian law, Dalla Vedova complains of some alleged violation of European rights and drops in a slippery, irregular request of “changes to the law”, rather than indicating any specific damages Knox would have allegedly suffered.

An interesting aspect of this, though, is that such a point of law raised by Dalla Vedova is only about alleged violations of legal principles in the prosecution for murder.

There is no request that could affect the course of the prosecution and trial for calunnia.

In other words, the Knox ECHR application might have some theoretical potential to find a violation or violations of Knox’s rights regarding her being investigated for murder. But it has no potential to affect the regularity of her being tried for calunnia.

No way the ECHR ruling could change the course that lead to calunnia finding, no way such conviction could be cancelled, and her ECHR application does not even contain a request that would dispute the legitimacy of such conviction.

Posted on 01/23/19 at 11:00 AM by MachiavelliClick here & then top left for all my posts;
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Tuesday, January 22, 2019

Major Anti-Mafia Success In Italy Is Making Skilled Italian Police In Demand Elsewhere

Posted by Peter Quennell


Gamechanger

The mafias really are gone from the United States and Canada, and in Italy it is mostly likewise.

So the mafias have been moving elsewhere - the UK, Germany, Netherlands, especially Malta - and Italian police are being invited to spearhead huge sweeps against them.

Hundreds of special forces arrested at least 84 men and women overnight in Italy, Germany, and the Netherlands in the largest-ever pan-European investigation into organized crime. Raids were also carried out in South America as part of the sting operation. More than three tons of cocaine and 140 kilograms of ecstasy were also seized, police said.

UK-based expert Felia Allum explains the organizational adjustments.

When I walk around London, I wonder how many of the busy nail bars, shops and restaurants are merely fronts for organised crime. For I was once told by a former member of the Neapolitan mafia: “The ambition for [an Italian] mafia member, is to go abroad, and particularly, England.”

They consider the UK to be an attractive destination because it is relatively easy to set up a company, and its legal system does not recognise “mafia membership” as a crime….

In 1991, British police based in Rome warned of the presence of Italian mafias in the UK. Two years later, the French parliament reported on the fight against the mafia’s attempt to penetrate France. Similar warnings were being made in the Netherlands.

But it wasn’t until 2012 that the European Parliament really addressed the situation. The following year, Europol (the European Union Agency for Law Enforcement Cooperation) finally published an “Italian Organized Crime Threat Assessment”.

It attempted to fill the “important information gap” which exists around the activities of Italian mafias in Europe. As Europol itself noted, the “difficulty in collecting information” highlights the fact that mafias operate “under the radar” outside Italy.

Finally, in November 2018, Europol set up a specific operational network focusing on Italian mafia activities abroad, with the Italian Anti-Mafia Police playing a leading role.

Malta is fighting an influx similar to that in the Dominican Republic, a Raffaele Sollecito hangout till his uncle bought it. 

Posted on 01/22/19 at 12:06 PM by Peter QuennellClick here & then top left for all my posts;
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Monday, January 07, 2019

Our First 30 Netflixhoax Posts: Do You Notice An Ominous Trend?!

Posted by Peter Quennell




1. Netflix’s Two Trends

In recent weeks Netflix stock has headed down. This is more than just the malaise of the market, fewer new viewers are signing up.

The other trend may be obvious to you in the list of posts below. In “Amanda Knox” Netflix sure lied by omission a lot. Netflix allowed Knox to spout numerous lies unchallenged, while hiding from viewers myriad incriminating facts.

Omissions on this very large scale do not happen by chance. This was the modus operandi first dictated by David Marriott and adhered to ever since by Knox and Sollecito, lawyers and mafia poodles, reporters and TV talking heads.

It was to “disappear” Meredith and most of the process and evidence, and set Americans and to some extent Brits barking on social media “there’s no evidence” and “what a kangaroo court”.

The Netflix “documentary” actually created by Knox PR was put on line late in 2016. Most of these exposes below followed quite fast. But our understanding of what really took place has not stood still - in the past two years it has expanded by leaps and bounds.

In the next few weeks we will make this series of deliberate omissions complete, and then propagate it. As Posts 1 and 2 showed, Netflix makes the most fitting of all media targets - for subscriber cash it has heavily promoted the trashing of Italian justice worldwide on exact lines the mafias like, and its producers were provably stalkers and crooks.

At least five out of every six professional media critics, roughly 300, did no research of their own, and were taken in by the huge hoax. 

2. Our First 30 Posts

1. Click for Post:  Omitted - Netfix’s Challenges In The Media World Makes For Suspect Messenger

2. Click for Post:  Omitted - Producers Morse, Blackhurst, McGinn Commited Stalking Crimes

3. Click for Post:  Omitted - Dr Mignini Explains The Dirty Tricks The Dishonest Netflix Team Employed

4. Click for Post:  Omitted - Netflix Illegally Demonizes Dr Mignini To The Advantage Of The Mafias

5. Click for Post:  Omitted - Blackhurst Now Nervous Of Legal Risks For Doing Mafias’ Dirty Work?

6. Click for Post:  Omitted - The Almost Unique Carefulness Of Italy’s Justice System

7. Click for Post:  Omitted - How Knox Lied Repeatedly To Florence Court She Was Too Scared To Attend

8. Click for Post:  Omitted - Honest Picture Of Sleazy Production Team, Hard Facts That Challenge Them

9. Click for Post:  Omitted - Numerous Facts The More Widely Viewed BBC Report Did Not Hide

10. Click for Post:  Omitted - How Amanda Knox Falsely Accused Dr Mignini Of A Felony

11. Click for Post:  Omitted - How Italian Justice Is Misrepresented By Multiple Cherrypickings Of Facts

12. Click for Post:  Omitted - How In Multiple Ways Poorly Researched Movie Contradicts Knox’s Own Book

13. Click for Post:  Omitted - How The DNA Processes And Evidence Points Were Deliberately Misrepresented

14. Click for Post:  Omitted - Any Mention Of Big Red Flag In Forced Closing Of Vecchiotti’s Laboratory

15. Click for Post:  Omitted - Amanda Knox’s Incriminating Lies To The Police, Prosecution And Courts

16. Click for Post:  Omitted - How Netflix Maliciously Depicted Good Reporting As Fictitious Hype

17. Click for Post:  Omitted - Too Many Pesky Truths, To Inflame False Notion Italian Justice Failed Here

18. Click for Post:  Omitted - The Vital Context Of A Genuine, Huge Justice Problem In The US

19. Click for Post:  Omitted - More On A Genuine, Huge Justice Problem In The US

20. Click for Post:  Omitted - Yet More On A Genuine, Huge Justice Problem In The US

21. Click for Post:  Omitted - Longer, Better Interviews With Dr Mignini Showing How Netflix Cherrypicked Him

22. Click for Post:  Omitted - This Very Telling Knox Questioning By Dr Mignini #1

23. Click for Post:  Omitted - This Very Telling Knox Questioning By Dr Mignini #2

24. Click for Post:  Omitted - This Very Telling Knox Questioning By Dr Mignini #3

25. Click for Post:  Omitted - This Very Telling Knox Questioning By Dr Mignini #4

26. Click for Post:  Omitted - This Very Telling Knox Questioning By Dr Mignini #5

27. Click for Post:  Omitted - State Department Monitored Knox 2007-11; Zero Bad Treatment Reported

28. Click for Post:  Omitted - The Case Against RS & AK Is Actually Getting Stronger Still

29. Click for Post:  Omitted - Which Took A Harder Line Against RS & AK, Prosecutors Or Courts?

30. Click for Post:  Omitted - Epidemic Of Hazing Deaths In United States No Different From Meredith’s

Posted on 01/07/19 at 01:55 AM by Peter QuennellClick here & then top left for all my posts;
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Sunday, December 23, 2018

Tu Scendi Dalle Stelle! You Came Down From The Stars

Posted by The TJMK Main Posters

One of the main Italian carols, one that just about everyone knows.

Posted on 12/23/18 at 02:48 PM by The TJMK Main PostersClick here & then top left for all my posts;
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Monday, December 17, 2018

Today All Political Factions May Lurch US Justice One Big Step Toward Successful Italian Model

Posted by Peter Quennell



Culinary school inside a modern Italian prison

Overview

Justice reform was a popular issue in the national elections last month. Vox’s German Lopez describes the first step the US Senate will vote on today.

Who Is Affected

The bill, known as the First Step Act, would take modest steps to reform the criminal justice system and ease very punitive prison sentences at the federal level. It would affect only the federal system — which, with about 181,000 imprisoned people, holds a small but significant fraction of the US jail and prison population of 2.1 million.

What Is In First Step

(1) The bill would make retroactive the reforms enacted by the Fair Sentencing Act of 2010, which reduced the disparity between crack and powder cocaine sentences at the federal level. This could affect nearly 2,600 federal inmates, according to the Marshall Project.

(2) The bill would take several steps to ease mandatory minimum sentences under federal law. It would expand the “safety valve” that judges can use to avoid handing down mandatory minimum sentences. It would ease a “three strikes” rule so people with three or more convictions, including for drug offenses, automatically get 25 years instead of life, among other changes. It would restrict the current practice of stacking gun charges against drug offenders to add possibly decades to prison sentences. All of these changes would lead to shorter prison sentences in the future.

(3) The bill would increase “good time credits” that inmates can earn. Inmates who avoid a disciplinary record can currently get credits of up to 47 days per year incarcerated. The bill increases the cap to 54, allowing well-behaved inmates to cut their prison sentence by an additional week for each year they’re incarcerated. The change applies retroactively, which could allow some prisoners — as many as 4,000 — to qualify for release the day that the bill goes into effect.

(4) The bill would allow inmates to get “earned time credits” by participating in more vocational and rehabilitative programs. Those credits would allow them to be released early to halfway houses or home confinement. Not only could this mitigate prison overcrowding, but the hope is that the education programs will reduce the likelihood that an inmate will commit another crime once released and, as a result, reduce both crime and incarceration in the long term. (There’s research showing that education programs do reduce recidivism.)

Comparison With Italy

On measures (1) and (2) Italy (which does not have the US’s gun problem or rate of murders) would remain far down the road with its short prison terms and small numbers locked up..

But measures (3) and (4) definitely represent convergence on rehabilitation being more useful (and cheaper) for society than grindingly extensive punitive stays.

Posted on 12/17/18 at 02:51 PM by Peter QuennellClick here & then top left for all my posts;
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Monday, December 03, 2018

Italy-India Relations Are Back To Being Very Close With The Tanker Incident Smartly Resolved.

Posted by Peter Quennell


Public Accord

For obvious reasons we’ve always had and appreciated a loyal readership in India.

Italy-India relations became fraught for several years after 2012 when marines on an Italian tanker off the southwest coast shot at and killed two Indian fishermen thinking they were pirates making moves to board.

Now see the Buenos Aires report above. It seems that ties between the countries are closer than they ever were. Both countries have habitually been among the greatest team players in the world.

Even despite serious anti-globalist pressures Italy still chooses to do the right thing.

Posted on 12/03/18 at 01:47 PM by Peter QuennellClick here & then top left for all my posts;
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Thursday, November 15, 2018

Murder Rate In Baltimore, St Louis, New Orleans, Detroit, Etc, over FIFTY TIMES Murder Rate In Italy

Posted by Peter Quennell


Polar Opposites

Murder rates have actually been trending down a bit in the US.

But you are still around fifty times more likely to be murdered in several dozen US cities than in any city in Europe, where the average is down around 1 in 100,000 now.

And with regard to the exceptionally safe Italy, as usual the rate remains even lower than the European average still.

Would you hear this from the mafia poodles Doug Preston, Michael Heavey, John Douglas, Steve Moore, Bruce Fischer, Greg Hampikian and Co? Hardly likely….

Here is the Italian news service ANSA’s report.

(ANSA) Rome, November 15

The Italian murder rated dropped to 0.7 per 100,000 inhabitants in 2017 against an EU average of one per 100,000, ISTAT said Thursday.

Eight out of 10 victims of femicide knew their killers, the study also found.

The killer was not identified in 43% of murders, it said.

The south of Italy holds the record for murders of men, with a rate of 1.01 per 100,000.

Some 21.7% of murders were committed by foreigners, the survey showed.

Note that (1) more than 1/5 of all murders are by foreigners, and (2) 8 out of 10 women murdered knew their killer.

So the barbaric Knox fits those sad trends.

Posted on 11/15/18 at 03:05 PM by Peter QuennellClick here & then top left for all my posts;
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Wednesday, November 07, 2018

“A Couple of Millennials Trying to Grope Their Way Toward Adulthood…”

Posted by Hopeful



Mafia poodles Robinson & Kovite


The header is from a NY Times review of a book by the above pair, no irony intended (I presume).

Knox supports murderer Brendan Dassey and Avery, has a boyfriend who wears dark fingernail polish (some man!?), has a cat named Mr. Screams, and received a blue glass award from Arizona Public Defender Association in June 2018 “for sharing your inspiring story”.

You can’t make this stuff up (or can you), in Knox’s case the ultimate fantasist liar who has always wanted to mythologize her own life, she’s a born actress prostitute seeking to be Amelie but is Jekyll-Hyde and had to cannibalize Meredith’s clean life to morph into notoriety.

Now she links up with Christopher Robinson who can play paparazzi to her diabolical story while she allows him to wear the crazy hats, necklaces, fur and outlandish clothes that force her to become the opposite: Miss Demure, Miss Meredith, Miss Speaker at Innocence Conventions, Supporter of the Oppressed, Miss I-Know-the-Law, I have lived through controversy, I’m a Survivor, I am Wrongly Accused, I now dress modestly, this is my classy side,

I am allowing Chris to be the wild child of this use and be-used duo.  Chris wrote his first novel with good friend Kovite, an Army veteran, titled “War of the Encyclopaedists”. Now in May 2018 they’ve got a new book out called, “Deliver Us”. I think Chris may mean deliver us from evil as in Knox. And guess where the two friends met? In Italy.

Kovite writes for Salon:

Our collaboration began 10 years ago in rome on a pilgrimage to Keats’ grave as part of an undergraduate study abroad. We had known each other only a few weeks. While wandering through the Protestant Cemetery the names of the dead called out to us: Baltimore Gosshawk Wakefield III, Aeneas MacBean Esq. They were begging to be turned into characters is a pulp historical mystery novel. So we wrote one. It took us five years and it eventually ended up in a drawer but it taught us how to write…together. Over the last five years we applied those lessons to a more serious project, “War of the Encyclopaedists.” (Scribner, 2015)

“Several years ago as we struggled toward a finished draft of “War of the Encyclopaedists”, Chris fell into an existential pit. He was thinking about culinary school, his five-year relationship dissolved, he was living out of a suitcase at one artist colony after another, he wrote a collection of nihilistic sonnets, he was thinking about suicide. Without stability his options were limitless; he was paralyzed by choice….Gavin (Kovite) meanwhile was looking toward his future as a lawyer with dread. This wasn’t the life he’d imagined for himself. He had little time to play music or write fiction, which, though fun was a big additional burden, as anyone who has written while working fulltime well knows.”

“And yet here we are awaiting publication of our debut novel (this was in 2015)...Without Chris’ drive, organization and friendly harassment, Gavin would never have made the time to contribute. And without Gavin’s contribution, Christ would be staring into the void. It was writing a novel together ... that deepened our friendship, changed the course of our lives.”

from Salon, “Why write a collaborative novel? Well…why write alone?”

Christopher Robinson is a Boston University and Hunter College MFA graduate, a poet, a MacDowell Colony fellow, etc. His co-author Gavin Kovite was infantry platoon leader in Baghdad 2004-2005, then attended NYU Law, served as Army lawyer and is now a high school teacher….Together Robinson and Kovite authored “Encyclopaedists” and “Deliver Us”.

I just hope that Knox does not destroy their good relationship. It sounds like a Sherlock Holmes and Dr. Watson friendship of the minds. I think Knox will sabotage it and Chris was crazy to link up with her. Now he has his new novel out, “Deliver Us” about drones from Jeff Bezos dropping items on a futuristic Detroit and the question is “are they saviors to Detroit black low earners bringing jobs to the blighted city or imperialists out for their own gain?” as one book review said. I wonder if Kovite worried about this in Afghanistan?

But I think the hidden message of Chris Robinson’s “Deliver Us” is that he is questioning his Amanda Knox relationship (why not put a ring on it, Chris?) and already regrets slumming around. It’s a true cry of “deliver us from evil”. A bit late Chris. Do you even care if Knox killed Meredith or not?

Knox was to moderate the book launch of “Deliver Us” because of “her experience with controversy, competing narratives and commitment to racial justice in the Innocence Movement.” Barf. That was a book launch in May 2018 at Elliott Bay Book Co. in Seattle.

She will explode his life out of the water one day but more fool him for shacking up with a killer. It was Guermantes’ link to Chris Robinson Instagram that led me to look at some of his nonsense. I honestly believe he is mentally ill along with his live-in lover. Chris Robinson posts Instagram pix of multiple toilets out on some grassy area. He posts a piece of art of a woman on the toilet. He uses foul language constantly.

And michellesings1 (wife of this poodle) laughs at the trash they post. When their cat, Mr. Screams, sleeps on Amanda’s “bottom” she writes Hee hee, hilarious. When Knox gives a speech, michellesings1 chimes in, Love it, happy for you.

Posted on 11/07/18 at 07:52 PM by HopefulClick here & then top left for all my posts;
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Monday, November 05, 2018

Most Popular Least Controversial Issue In US Elections? Surprise, Surprise: Justice Reform

Posted by Peter Quennell




1. Chronic Reform Problem Worldwide

First, consider Italy.

Compared to most countries, Italy is far down the road in terms of effective policing, courts and rehabilitation. Its crime rate is comparatively low.

But its relatively minor need to speed up the court system is hampered because the parties in parliament tend to lock up at the nitty-gritty level, and so nothing gets done. Very common around the world.

Now consider the US.

This political lockup tendency is made worse in the US because, almost alone among the world’s countries, the US tends to elect or politically appoint its police chiefs, prosecutors and judges. (Italy’s system is career-path wall-to-wall.)

This tends to result in a hard line. Meaning mass incarceration has been ballooning through the roof.  Both main parties in the US, with a majority of its politicians former lawyers, tend to take quite a hard line too.

2. The US’s Surprising Reform Edge

But almost alone among the world’s countries, allowing the citizens to fix aspects of this system problem one by one, the US also has an ace up its sleeve. 

At election time, reform measures can be put on the ballot, and the electorate gets to decide on each one directly, thus leapfrogging the political infighting.

On Tuesday, a record number of justice-related proposals will be on various ballots.  VOX has a very long article with numerous examples of what various voters will get to decide.

Anti mass incarceration measures are being put before over 100 million voters this year.

3. A Likely Positive Spread Effect

And finding such common ground should have a strong ripple effect across the political landscape as a whole.

When adversaries work together for the first time on a joint venture that serves both their needs, they discover new pathways for collaboration. Like neuroplasticity in the brain, when we learn to do something that yields satisfaction, we rewire how we think and behave.

This is already taking place in the area of criminal justice reform, especially with juvenile offenders.

After decades in which the “war on crime” was a wedge issue that roiled tensions about racial injustice and public safety, Republicans and Democrats have been cooperating on an integrative model of restorative justice that serves interests on both sides.

No one wants to see at-risk youth jailed for rash mistakes that crossed the line into criminal conduct. We may not agree on much, but few Americans want to watch children enter the notorious “pipeline to prison.”

And no one likes to spend tax dollars needlessly. Keeping a teenager out of incarceration is far cheaper than surrendering him to it. Prevention programs that connect teens with adult community mentors cost far less than prosecution and imprisonment. Because those youth make amends to their victims, personal responsibility is codified and enforced.

People on the left are pleased by the social progressivism; people on the right are happy about cutting government spending. Everyone gets something when we exercise our capacity for ingenuity and enterprise, which are, in the end, signature American traits.

Posted on 11/05/18 at 01:55 AM by Peter QuennellClick here & then top left for all my posts;
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Saturday, November 03, 2018

Netflix’s Endemic Omissions: What It Still Omits In Its Avery-Case Conspiracy Mongering

Posted by The Machine



Murder Victim Teresa Halbach

[Long post. Click here to go straight to Comments]

1. Summary Of The Crime

Teresa Halbach’s murder took place on 31 October 2005 in Manitowoc County, Wisconsin, a short distance from Lake Michigan. 

Teresa has been described as artistic, adventurous and open-hearted; a day-brightening presence in the lives of her loved ones.

She was at Steven Avery’s property to take photographs of a vehicle for Autotrader. He was her final appointment of the day.

There is no evidence she ever left the property. Avery was the last confirmed person to see her alive.

She had previously been to Avery’s auto salvage lot four or five times. On this day, she stated she didn’t want to go back because Avery previously had disturbed her by answering the door wearing just a towel.

However, she was talked by Avery himself into going back at about 2:00pm. The telephone records show that Avery called her twice to get her to come over, pretending to be somebody else. He hid his identity through the *67 app.

Teresa Halbach was never seen alive again.

There are already a number of red flags: (1) Avery was the last known person to see her alive (2) she didn’t want to see him again because he had disturbed her and made her feel uncomfortable and (3) he deliberately hid his identity and pretended to be someone else when he called her on two separate occasions.

2. The History Of Netflix And The Case

In 2016 the internet movie streamer Netflix bought and aired a 10-part documentary by novice film-makers Moira Demos and Laura Ricciardi. They had no crime experience.

Teresa’s family refused to co-operate. Persuasive to many viewers, it did result in a free-Avery petition, but crime speciaIists poked numerous holes in it. On TV Demox and Ricciardi (below) spent as much time defending themselves as they did Avery.


This second series mainly describes the attempts by an Illinois defense lawyer Kathleen Zellner, who has won a number of reversals, to poke holes in some of the evidence and to accuse two others. This report also omits numerous telling points.

3. The DNA And Forensic Evidence Against Avery

Teresa Halbach’s charred remains and her car were found on Avery’s property. Unsurprisingly, he became the prime suspect.

The DNA and forensic evidence collected at his property all pointed in his direction. His blood was found in six different locations in her car. His DNA was found under the bonnet of her car.

Her DNA was found on a bullet in his garage and the bullet was matched to the rifle found in Avery’s bedroom. Teresa Halbach’s key with Avery’s DNA on it was found in his bedroom.

4. Brendan Dassey’s Statements Against Avery

Steven Avery’s nephew Brendan Dassey repeatedly confessed to the police that he and Avery had raped and killed Teresa Halbach.

Dassey knew specific details about the murder and made claims which were later corroborated by police searches and the coroner.

Dassey said Halbach was chained up in handcuffs and leg irons on Avery’s bed. Avery admitted that he had just purchased handcuffs and leg irons a few weeks earlier.

Dassey said Avery used his .22 caliber rifle to shoot Halbach in the head. A bullet fired from Avery’s gun and found in Avery’s garage had Halbach’s DNA on it.

Dassey said Avery hid Halbach’s car and went under its bonnet to disable the battery. Avery’s DNA was found on the bonnet’s latch.

Dassey said Avery threw tyres on the fire that they used to dispose of Halbach’s body.  Charred parts of her bones, cell phone, PDA, and camera were found intertwined with steel belts from those tyres.

Dassey’s statements were used to support the application for the warrant that was issued in March 2007 that lead to the discovery of a bullet that was conclusively matched to Avery’s .22 rifle and yielded Teresa Halbach’s DNA.

Dassey told police that Avery shot Halbach on the left side of her head. A fragment from the left side of her skull showed two bullet holes.

Dassey also said that he helped Avery clean a large reddish brown stain on the garage floor using gasoline, bleach, and some other product; there was an approximate three-foot patch that reacted to luminol and a bleach bottle found in the garage.

Dassey also confessed freely and voluntarily to his mother in a recorded telephone conversation.

Dassey: Yeah, but you might feel bad with… if I say it today.

Janda: Huh?

Dassey: About what all happened.

Janda: Huh?

Dassey: About what all happened.

Janda: What all happened? What are you talking about?

Dassey: About what me and Steven did that day.

Janda: So Steven did do it?

Dassey: Yeah.

Janda: Oh, he makes me so sick.

Dassey: I don’t even know how I’m gonna do it in court, though.

Janda: What do you mean?

Dassey: I ain’t gonna face him.

Janda: Face who?

Dassey: Steven.

Janda: You know what, Brendan?

Dassey: What?

Janda: He did it. You do what you gotta do. So in those statements, you did all that to her too?

Dassey: Some of it.

Janda: But what about when I got home at five, you were here.

Dassey: Yeah.

Janda: Yeah. When did you go over there?

Dassey: Well, I went over earlier and then came home before you did.

Janda: Why didn’t you say something to me then?

Dassey: I don’t know, I was too scared.

And he was also scared of his uncle, who he claimed in that same phone call had been molesting him and other relatives for years:

Janda: Did he make you do this?

Dassey: Ya.

Janda: Then why didn’t you tell him that.

Dassey: Tell him what

Janda: That Steven made you do it. You know he made you do a lot of things.

Dassey: Ya, I told them that. I even told them about Steven touching me and that.

Janda: What do you mean touching you?

Dassey: He would grab me somewhere where I was uncomfortable.

Janda: Brendan I am your mother.

Dassey: Ya.

Janda: Why didn’t you come to me? Why didn’t you tell me? Was this all before this happened?

Dassey: What do you mean?

Janda: All before this happened, did he touch you before all this stuff happened to you?

Dassey: Ya.

Janda: Why didn’t you come to me, because then he would have been gone then and this wouldn’t have happened.

Dassey: Ya.

Janda: Yes, and you would still be here with me.

Dassey: Yes, Well you know I did it.

Janda: Huh?

Dassey. You know he always touched us and that.

Janda: I didn’t think there. He used to horse around with you guys.

Dassey: Ya, but you remember he would always do stuff to Brian and that.

Janda: What do you mean?

Dassey: Well he would like fake pumping him

Janda: Goofing around?

Brendan: Ya but, like that one time when he was going with what’s her name…Jessica’s sister.

Janda: Teresa?

Brendan: Ya. That one day when she was over, Steven and Blaine and Brian and I was downstairs and Steven was touching her and that.




5. Wisconsin Attorney General Against Avery

These points explain why Brendan Dassey’s testimony is credible:

“And they had good reason to do so. There are three strong indicia that Dassey told the truth when he admitted to helping Avery. On February 28, 2006, the day before the March 1, 2006 confession, Wiegert received a lab report that lead had been detected on a defect found on skull bone fragments (193:55-56).

Wierget suspected based on this report that Halbach had been shot (193:56). Dassey’s confession confirmed that Avery shot Halbach in the head (79:34:50). He further told Wiegert and Fassbender that Avery shot Halbach “about ten” times (79:34:60). This fit with the ten or eleven shell casings police found in their November searches (114:96).

Dassey said Avery shot Halbach on the left side of her head (79:34:93). The forensic anthropologist “refit” three bone fragments together and determined they came from the left side of the head (114:226-27; 116:78). And Dassey told Wiegert and Fassbender that Avery shot Halbach when they were in the garage (79:34:59).

Police obtained a search warrant that same day (114:56; 117:25-26). The search of the garage yielded a bullet fragment embedded in the garage floor and a bullet under an air compressor (114:63-64). An analysis of a DNA sample from one bullet revealed Halbach as the source of the DNA (115:76). And that bullet had been fired from a rifle found in Avery’s bedroom ( 114:15-16, 197, 208-209).

“Dassey also told Wiegert and Fassbender that Avery hid the key to Halbach’s car in his dresser (79:34:70-71). On March 8, 2006, police executed another search warrant on Avery’s bedroom (114:106; 117:26). That search yielded the key to Halbach’s car with a blue key fob attached (114:106-107). Halbach’s sister identified the blue fob as a lanyard she gave Halbach (113:129).”

The Attorney General also explained why there was absolutely nothing wrong with the investigators’ conduct:

“At various times during the interview the investigators encouraged Dassey to provide details to them by appealing to his sense of honesty (46:8). Both investigators spoke in a normal speaking tone with no raised voices, no hectoring, or threats of any kind during the entire interview, including the admonitions (46:8).

“Nothing on the videotape visually depicts Dassey as being agitated, upset, frightened, or intimidated by the questions of either investigator (46:8-9). His demeanor was steady throughout the actual questioning (46:9). He displayed no difficulty in understanding the questions asked of him (46:9). He answered the questions put to him (46:9). At no time did he ask to stop the interview or request that his mother or a lawyer be present (46:9).

“Sometimes he revised his answers after being prodded to be truthful or being told by his questioners that they knew his answer was either incomplete or untrue and he should be honest (46:9).

“On occasion, the interviewers purported to know details which, in fact, were not true or which represented uncorroborated theories of the crime which they presented to Dassey as factually accurate in order to draw information from him (46:9).

“The interviewers made no promises of leniency to Dassey (46:10). He was told, “we can’t make any promises, but we’ll stand behind you no matter what you did” (46:10; 79:34:4). “I want to assure you that Mark and I are both in your corner. We’re on your side” (46:10; 79:34:3). “[W]e don’t get honesty here. I’m your friend right now, but I gotta – I gotta believe in you, and if I don’t believe in you, I can’t go to bat for you” (46:10; 79:34:10). “We’re in your corner” (46:10; 79:34:10).

CONCLUSIONS OF LAW

“The interviewers’ appeals to honesty were nothing more than a reminder to Dassey that he had a moral duty to tell the truth (46:9). In the context of this interview, the Court finds that this tactic of misleading Dassey by occasionally pretending to know more than they did was neither improper nor coercive because it did not interfere with Dassey’s power to make rational choices (46:9-10).

“Interviewers statements such as “we’ll stand behind you; we’re in your corner; I’ll go to bat for you” were an attempt to achieve a rapport with Dassey and convince him that a truthful account of events would be in his best interest (46:10-11).

“Under a totality of the circumstances test, which I’m using here, given Brendan Dassey’s relevant personal characteristics as set forth in the previous findings and on the record in this case, the State has met its burden by showing by a preponderance of the evidence that the statements made by Brendan Dassey to Investigators Wiegert and Fassbender, and which are the subject of this motion, were the product of Brendan Dassey’s free and unconstrained will reflecting deliberateness of choice. In short, they were voluntary statements” (46:11).


6. Police Lawyer Against Avery

TomM - one of the lawyers who represented the Manitowoc police who is also a poster on TJMK and PMF - made the following observations about the crime scene and the claims that Brendan Dassey was coerced.

“The burning of the body made it impossible for the forensic examiner to determine the cause of death. One would think that if a major artery had been severed in the bedroom, blood evidence would have been found there, but there was not. You take the position that there was no stabbing or cutting at all.

The alternative is that Dassey, who claims to be following Avery’s orders, and perhaps reluctant, made only a superficial cut across her throat, and that Avery’s stab did not result in much exterior bleeding. The lack of a corpse makes verification impossible, so Dassey’s statement is the only evidence of it, and is legally sufficient to convict him.
speci
“The public defender who originally represented him was apparently trying to work a plea deal. Thereafter he was replaced by private counsel and [Dassey] recanted his statements. He had the opportunity to convince the jury that his admissions were coerced, but they did not believe him. Having read the transcripts of his interrogations, I can see why. This is the first I have heard that his subsequent lawyer tried to get him to confess. I wonder if they knew something you don’t.”


7. Netflix Again Promotes Far-fetched Conspiracy Theory

Steven Avery’s new lawyer Kathleen Zellner seen throughout the new report is facing Mission Impossible. There is simply too much damning DNA evidence to resort to the bog-standard defence of contamination.

The forensic evidence is damning too. Teresa Halbach’s charred remains and her car were found on Avery’s property. To make matters worse for her, Brendan Dassey repeatedly confessed to the police and his mother that he and Steven Avery raped and killed Teresa Halbach and he knew multiple specific facts about the murder and made claims which were later corroborated during the police investigation.

The only option available to Zellner is to try and keep a straight face and claim there was a huge and dastardly plot to frame Steven Avery involving all the Manitowoc Police Department and all the forensic scientists who worked on the case.

The BBC describes her as “fiercely intelligent” and “true crime’s new star” whilst glossing over the fact she hasn’t provided any exculpatory evidence or provided any proof that the police framed Steven Avery. Incidentally, she believes Amanda Knox is innocent which speaks volumes about her competence.

8. The Dangerous, Proliferating Problem Of Innocence fraud

There is a widespread misconception that (1) one-sided and biased documentaries that primarily present the defence’s point of view and omit damning evidence as well as the professional opinions of the prosecution’s experts should trump (2) criminal trials where the defence and prosecution present their cases and the jury observes witnesses and experts being cross-examined on the stand before considering and reaching their verdicts,

Any legal system that didn’t allow the prosecution to present their case and cross-examine witnesses would be rightly considered to be grotesquely corrupt and unfair - and yet millions of people have no problem when this happens on documentaries such as West of Memphis, American Girl, Italian Nightmare, Amanda Knox on Netflix, Making a Murderer and Serial.

It should be made evident that these filmmakers and journalists are trying to manipulate their audiences into thinking the accused is innocent, rather than just presenting the facts of the case, allowing both sides to present their cases and letting the audience make up their own minds - which is what Andrea Vogt did in her excellent BBC documentary about the Meredith Kercher case.

It was recognised as far back as 1999 in the legal profession that journalists have an inclination to slant their reports in favour of the defendants.

See P. Cassell, “The guilty and the ‘innocent’: An examination of alleged cases of wrongful conviction from false confessions”, Harvard Journal of Law and Public Policy, 1999:

...academic research on miscarriages should not rely on media descriptions of the evidence against defendants. Journalists will all too often slant their reports in the direction of discovering “news” by finding that an innocent person has been wrongfully convicted.

9. Some Assessments Of Netflix’s Attempts 1 And 2

The story presented by the filmmakers responsible for Making a Murderer that Steven Avery and Brendan Dassey are innocent and they were framed by corrupt cops is manna from heaven for Netflix because it’s a sensational and melodramatic tale that is guaranteed to be hugely popular and newly outrage social justice warriors, Guardian readers and gullible simpletons who unquestioningly believe whatever they are told.

There are 425,000,000 search results for Making a Murderer on Google and countless articles in the media and blog posts about it. Joe Public just loves documentaries about allegedly innocent people being railroaded by corrupt and/or incompetent cops.

Making a Murderer is a deeply dishonest and manipulative piece of PR propaganda. It follows the same template as Netflix’s Amanda Knox and the other documentaries mentioned above i.e. it presents the case primarily from the defence’s point of view, and brushes inconvenient facts which portray the accused in a negative light under the rug.


Melissa Jeltsen details some of the inconvenient facts about Steven Avery’s violent past that the filmmakers ignored, in an article for The Huffington Post.

‘Making A Murderer’ Left Out Disturbing Details Of Steven Avery’s Past…

“In a new interview, however, Avery’s ex-fiancee Jodi Stachowski says he was a violent and abusive “monster” who strangled her and threatened to kill her during their two-year relationship.

“He’d beat me all the time, punch me, throw me against the wall,” Stachowski told HLN on Wednesday. “He’s like Dr. Jekyll and Mr. Hyde.”

Records from the Manitowoc County sheriff’s department obtained by The Huffington Post confirm that police responded to domestic incidents involving Avery and Stachowski, as well as his former wife, Lori.

Stachowski described one incident in which Avery beat her and then strangled her.

Police records show that in September of 2004, she reported that Avery pushed her to the floor, hit her and told her he was going to kill her. She then said he strangled her to the point where she lost consciousness. When she woke up, she told police, Avery was dragging her to his car. They were eventually stopped by an officer and Avery was taken into custody.

Police records also document another incident where Stachowski said she received a verbal threat from Avery while she was out of jail on work-release privilege.

There’s also evidence that Avery may have abused his former wife, Lori. In a police report from 1983, Avery’s sister-in-law told police that Avery “beat up on his wife, and she left home and went to a domestic violence center.”

Then in 1984, police responded to a “family trouble” incident at the Avery residence, but Lori declined to give a written statement.

Once you become aware that the filmmakers have brushed inconvenient facts like these about Steven Avery under the rug, common sense should tell you they are not to be trusted because they are clearly not honest or trustworthy. You have to question their motives.

The filmmakers suggest the police had a motive to frame Steven Avery because they were fearing a multi-million dollar award for Steven Avery’s wrongful conviction for sexual assault and attempt to murder in 1985.

Netfix did not bother to mention in either report that that the prior sexual assault and attempted murder case wasn’t due to any wrongdoing on the part of the Manitowoc Police Department. It was due to the fact that Penny Beernsten identified him as the person who had sexually assaulted her and tried to kill her.

And the Manitowoc Police Department have an insurance policy that covers multi-million dollar lawsuits. There was no reason at all for them to break the law and risk spending years behind bars.


The filmmakers slyly imply the blood vial containing Steven Avery’s blood was tampered with by showing the audience that the purple seal on the test tube has been punctured. The filmmakers omit to mention it is standard forensic practice to add ethylenediamine tetraacetic acid (EDTA) to blood samples via a needle in order to keep the blood liquid.

Tellingly, Steven Avery’s blood that was found inside Teresa Halbach’s car didn’t contain any EDTA. In other words, the police didn’t plant the blood from this vial in Teresa Halbach’s car.

Fortunately, there are many journalists who don’t take everything at face value and are prepared to do their due diligence. These journalists are exposing the numerous fraudulent claims that have been made on Making a Murderer. Jessica McBride does an excellent job of debunking the myth that the police had tampered with Steven Avery’s blood vial for the OnMilwaukee website.

The prison nurse who originally drew Steven Avery’s blood and put it into the vial featured prominently and dramatically in the Netflix “Making a Murderer” documentary “would testify that she was the one who put the hole in the vacutainer tube at issue,” a court document obtained by OnMilwaukee says.

The nurse, Marlene Kraintz, wasn’t called to testify because the prosecution didn’t think the defense had raised the blood hole theory at trial strongly enough to warrant rebuttal. This runs in contrast to the Netflix documentary, which presents the defense finding the hole in the Avery blood vial as a virtual “eureka” movement to advance its framing theory.

They would later claim that it was law enforcement officers who sneaked into the Clerk of Courts office to remove Avery’s blood from the old vial and plant it in Teresa Halbach’s car.

Kraintz died in 2012.

Furthermore, two national experts – including the chair of the committee that writes the industry standards on drawing blood samples – told OnMilwaukee that such blood vials are supposed to have holes pierced in their rubber stoppers. According to the experts, that’s how the blood gets into the vial.

Not only is it not uncommon, but it’s the way the vials – in this case, according to court records, a purple-stopped Vacutainer – are supposed to work.

10. The Bottom Line Here

There is no evidence that the police framed Steven Avery. His supporters are labouring under the misapprehension that the crime scene must fit with their own particular expectations of what the crime scene should look like.

This tweet is a perfect example of someone who thinks Steven Avery should be acquitted because the crime scene didn’t fit with his particular expectations of what it should like.

“Why wasnt Halbachs DNA on the key? How did Avery get every ounce of blood from every crack in the garage? A .22 caliber isnt forceful enough to go thru the skull. Where was all the blood in the bedroom where she was killed? Why no cuff marks on bed post”

Some of his supporters claim there was too much of Avery’s DNA on the bonnet of Teresa Halbach’s car and regard this as proof that the police planted it. They would be laughed out of court if they made such a ridiculous claim.

The DNA and forensic evidence against Steven Avery can’t be dismissed or nulifed because there was too little or too much DNA and forensic evidence at the crime scene. The defence had the chance to refute this evidence in court and they were unable to do so. 

Arguing that Steven Avery should be acquitted because there should have been more DNA and forensic evidence at the crime scene would be like arguing that Ian Huntley should be acquitted because the police didn’t find any DNA belonging to schoolgirls Jessica Chapman and Holly Wells at his home. It’s a nonsensical argument.

Making a Murderer -  just like West of Memphis, American Girl, Italian Nightmare, Amanda Knox on Netflix, Serial - is a confidence trick. One you know it’s a confidence trick and how it works, it should no longer fool you.

Dan O’Donnell has written an excellent series of articles rebutting each one of the Making a Murderer claims and outlines the evidence the show omitted that proves that Steven Avery and Brendan Dassey raped and killed Teresa Halbach. It’s essential reading for anyone who is following this case.

You can find many similar debunkings online. For example Seven details left out of ‘Making a Murderer’. and Reminder: The 9 Shocking Pieces of Information That Were Left Out of Making a Murderer and Making a Murderer Part 2 is more entertainment than investigation. It feels a little gross and Part 2 Is a Long, Painful Look at Old Evidence with Little New to Say.

Both Avery and Dassey are still in prison. In June the US Supreme Court refused to hear an appeal from Dassey. Despite all the media hype surrounding Making a Murderer nobody has provided any exculpatory evidence that proves Steven Avery or Brendan Dassey are innocent or any proof that the police framed them. That’s the bottom line.

Posted on 11/03/18 at 09:06 PM by The MachineClick here & then top left for all my posts;
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Thursday, November 01, 2018

RIP Meredith Susanna Cara Kercher 28 December 1985 - 1 November 2007

Posted by The TJMK Main Posters

Posted on 11/01/18 at 02:01 AM by The TJMK Main PostersClick here & then top left for all my posts;
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Friday, October 26, 2018

More False Claims Of Plot To Frame “An Innocent”, Again Zero Motive Or Confirming Hard Fact

Posted by The Machine



We posted on the dishonesties of Making a Murderer 1 here.

Making a Murderer 2 has again brought out countless conspiracy nuts on Twitter who believe there was a dastardly plot to frame Steven Avery.

I’ve repeatedly asked them to provide some exculpatory evidence that proves he is innocent and some proof the police framed him.

So far none of them has provided any evidence to substantiate their claims. They’re all labouring under the misapprehension that the crime scene must conform to their particular expectations.

It reminds me of Amanda Knox’s creepy supporters who claim the lack of her DNA in Meredith’s room is proof of her innocence.

Posted on 10/26/18 at 01:32 PM by The MachineClick here & then top left for all my posts;
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Monday, October 15, 2018

Humanity Of Italian Courts Suddenly The Subject Of Worldwide News Stories

Posted by Peter Quennell





Gilberto Baschiera (above) was a bank manager in Forni di Sopra (below), a small town between the Dolomites and the Austrian Alps.

He was recently labeled an Italian Robin Hood and widely admired in Italy and elsewhere for assisting impoverished customers to get loans - by topping up their accounts provisionally from larger accounts.

Why he did this is that the bank-loans system itself was changed for the worse under former Prime Berlusconi’s exceptionally harsh and ineffective austerity measures. 

Over seven years, his total “borrowings” came to exceed the equivalent of $1 million as not all of the loans were paid back.

So he was charged and there was a trial. Now we have just seen a new wave of reporting.

Gilberto’s court sentence is announced as two years SUSPENDED.

This is routine under Italian law - he did not “dodge” a prison term as some reporting had it - but not a typical outcome in any other legal system.


Posted on 10/15/18 at 01:51 AM by Peter QuennellClick here & then top left for all my posts;
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