Wednesday, June 03, 2015
Relevance Of The Ship Which Has Sunk In The Yangtze To National Justice System Upgrades?
Posted by Peter Quennell
Regarding the ship which just sank in the Yangtze River with a probable 400-plus deaths, and its relevance to justice systems everywhere?
Well, small inland ships (which are those most prone to a high death-rate) and their rules and regulations are outside the scope of the international body which sets rules and upgrades systems for seagoing vessels.
That is the United Nations agency in London called the International Maritime Organization or IMO. Small inland ships are unregulated unless the relevant government has unilaterally acted.
The IMO sets safety rules including design elements and it advances better rules and systems through conferences and training. It runs a big school in Sweden.
The IMO is NOT part of a world government, or a top down organization; like all of the UN development agencies it is a horizontal network, in its case of all the national maritime agencies in the world.
Their administrators and experts are incessantly heading to London to advance maritime matters in working groups. (The US is a big and enthusiastic player in all of the UN agencies via the relevant Federal departments - agriculture, health, transport, and so on.)
So in China, watch out for a bunch of systems changes with regard to those small vessels. But watch out also for a bunch of systems changes via the IMO at the global level, to try to head off more such catastrophes and to get the best possible rescue efforts going much faster.
The relevancy here?
In justice systems also, many lives are in the balance. But as mentioned in previous posts, the UN doesnt have an agency for justice systems upgrades, or even for a static thumbnail view of each one. It only has a small public administration development unit within the “United Nations proper” in New York.
There is no way that that unit is appropriate to resolving the huge and complex problems in the videos in the post below.
A lesson learned maybe above all others in the UN is that major system change should NOT be attempted in national or local isolation. It is too costly, and way too inefficient, and participants soon tire themselves out or loose interest.
Ideally a few or many countries all set about systems upgrades in parallel processes and they watch and share with one another.
The justice-systems problems in the videos below have many things in common. They seem very ripe for a global effort on the lines of maritime systems. Maybe Italy and the US could each contribute greatly to getting that alive.
Its not beyond us to explain this and to try to push for it. This would kinda trump calling top justice officials of this or that national system corrupt or bungling or criminal.
Permalink for this post • Tell-a-Friend • Case Wiki • PMF Org Forum • PMF Net Forum • Comments here (28)
Thursday, May 28, 2015
Justice System Reform Is Suddenly Everywhere On The Front Burner
Posted by Peter Quennell
1. The Justice System In The US
2. The Justice System In Mexico
3. The Justice System In China
4. The Justice System In Turkey
5. The Justice System In Britain
Permalink for this post • Tell-a-Friend • Case Wiki • PMF Org Forum • PMF Net Forum • Comments here (9)
Saturday, May 23, 2015
When Not Itself Nefariously Influenced, Italy’s Supreme Court Usually Sustains A Hard Line
Posted by Peter Quennell
The President of Italy at the first of a planned series of anti-mafia rallies
If there are any jurists in Italy who think the Fifth Chambers respected the law and the huge evidence, they are sure not speaking up yet.
A bent outcome? Certainly there have been attempts by organized crime and other unsavory elements to bend all the Italian courts at all levels (think Hellmann) and even at the Supreme Court level there seem to have been instances of successful bending.
But whereas in the US the administration of most justice is highly localized and most jurists have to run to keep up with evolving cases and trends in their own states, justice in Italy is highly centralised and all judges and lawyers follow all main cases.
Routes are many to keep an outcome that stinks from being left that way.
We are told to expect a scathing outpouring from numerous jurists when the Fifth Chambers pushes its report out. Also almost certain legal action and possible retaliation against Judges Marasca and especially Bruno via the powerful Counsel of Magistrates.
As their nervous defense lawyers will know all too well, two things in particular are not auspicious for Knox’s and Sollecito’s final outcome.
First, a huge push is now starting to finally rid Italy of the mafias. Like it or not Sollecito is related to mafioso of the same name and the seaside town in the Dominican Republic which he visited several times in recent months is said to be a thriving mafia hangout.
Now President Mattarella (himself a judge and mafia fighter) has kicked off a series of rallies throughout Italy to give all of the population courage and positive expectations. If he is appealed-to to reverse the Fifth Chambers verdict in Meredith’s case and he suspects organized crime had a vested interest in humiliating the Florence courts he may side with that appeal.
Second, if Cassation finds a way to revert to form on Meredith’s case it can be expected to reflect the hard line it demonstrated against the Hellmann-appeal outcome in 2013 and the hard line in for example this case among many similar.
Partners who manifest extreme jealous behaviour towards their other half are guilty of mistreatment, Italy’s highest court of appeal has said.
Italy’s Court of Cassation on Thursday overturned the acquittal of a Sicilian man for mistreating his wife.
The husband, who is from Sicily, allegedly suffered from “morbid jealousy”, also known as “delusional jealousy”, a psychological disorder in which a person wrongly believes their spouse or sexual partner is being unfaithful without having any real proof to back up their claim.
His jealous behaviour included constantly accusing his wife of being unfaithful, reading her text messages and even demanding that their daughter get a DNA test.
According to the Italian daily Il Fatto Quotidiano, his behaviour was so extreme that his wife even quit her job as a flight attendant because he said the job was “not suited to a respectable woman”.
In May 2014 an appeal’s court in Palermo, Sicily, acquitted the man of mistreating his wife.
But on Thursday Italy’s highest court overturned the acquittal, stating that such behaviour amounted to “psychological harassment”, a crime punishable by law.
“Constantly hassling the spouse with continuous manic and obsessive behaviour inspired by morbid jealousy constitutes mistreatment,” the court said, according to Il Fatto Quotidiano.
His behaviour caused “significant imitations and constraints in her daily life and choices, as well as an intolerable state of anxiety,” according to the court.
The case has now been reopened and the woman’s claims will be evaluated in another hearing, the paper said.
Jealousy a crime? Isn’t jealousy widely seen as a Knox trademark?
Permalink for this post • Tell-a-Friend • Case Wiki • PMF Org Forum • PMF Net Forum • Comments here (14)
Wednesday, May 20, 2015
Those Pesky Certainties Cassation’s Fifth Chamber May Or May Not Convincingly Contend With #3
Posted by Cardiol MD
1. This Series’ Foreboding Context
On March 27th, 2015 Cassation’s Fifth Chamber announced that it had decided that Amanda Knox and Raffaele Sollecito were not guilty of the November 2007 Murder in Perugia of Meredith Kercher.
The Fifth Chamber is but one of Cassation’s more than 75 Panels. It’s reporting Judge is Antonio Paolo Bruno. He mas dismissive of the massive evidence. He was quoted as having said that the trials had “not many certainties beyond the girl’s death and one definitely convicted.”
Posts #1-#2 addressed the fact that, contrary to Judge Bruno’s pronouncement, the trials had Many Certainties, listing them under 30 enumerated Headings, but in total, there were many more Certainties and Certainly-Nots, listed in sub-headings.
The existence, timings, durations, and general locations of All the telephone calls are Certains, or Certainly-Nots. They bring the Total up to Many; Many more than 30; Certainly Not “not many”, as Judge Bruno asserted, Inappropriately, Deceptively, and Prejudicially.
Note the distinctions between when, and where Message-Received, and -Sent, versus When, Where and Whether Message-Read, e.g. Knox was near the Women’s Villa when her Telephone received Lumumba’s crucial message, but allegedly at Sollecito’s Flat when she First-Read his message. In Knox’s officially reported Q&A Testimony there was Confusion and Ambiguity over this issue, exploited to Knox’s advantage
2. Certainties 31 to 42
31 THE FINAL FATAL SEQUENCE
Details of the Fatal Sequence have been masked, over the years, apparently for humanitarian considerations, but such details should be available to readers who wish to more-objectively assess culpability. Here is what we have deduced:
Massei disagreed with the Reconstruction proposed by the Prosecution, which depicted Meredith on her knees, facing the floor:
a. Massei concluded that Meredith was in a standing position, facing her attackers:
MASSEI PAGE372-373: “…considering the neck wounds sustained, it must be believed that Meredith remained in the same position, in a standing position, while continuously exposing her neck to the action of the person striking her now on the right and now on the left. Such a situation seems inexplicable if one does not accept the presence of more than one attacker who, holding the girl, strongly restrained her movements and struck her on the right and on the left because of the position of each of the attackers with respect to her, by which it was easier to strike her from that [ End of p372; Start of p373: ] side. …”
b. Meredith’s autopsy was performed by Dr. Luca Lalli, but his detailed findings are not included in Massei’s report, they await their Translation into English.The Massei report includes only a limited paraphrase of Lalli’s findings.
32 CERTAINTY ONE re FINAL FATAL SEQUENCE
In “Darkness Descending - the Murder of Meredith Kercher” Paul Russell (Author), Graham Johnson (Author), and Luciano Garofano (Author) give clearer, more detailed descriptions of Dr. Lalli’s findings than Massei does.
On pages 72-74 of DD it emerges that the cut (Stab A) made by A large knife in Meredith’s neck was on the left-side, ran obliquely from left-to-right, almost parallel to her jaw, and slightly Upwards.
33 CERTAINTY TWO re FINAL FATAL SEQUENCE
DD does state that the knife entered 8cm vertically below her left ear, 1.5cm horizontally towards the front of her neck, but does not specify the cut’s length.
34 CERTAINTY THREE re FINAL FATAL SEQUENCE
A large knife created a gaping wound, visible only through the opened-skin of the Left-Side, continuing its travel under the skin, traveling across the mid-line plane, towards the right-side, exposing the oral cavity, fatty tissues and throat glands. Important jaw muscles were also severed.
35 CERTAINTY FOUR re FINAL FATAL SEQUENCE
As DD states, there was another stab wound (Stab B) on the right-hand side of Meredith’s neck, 1.5 cm long, penetrating 4 cm subcutaneously.
36 CERTAINTY FIVE re FINAL FATAL SEQUENCE
Stab B was made by a Knife smaller than the above large knife.
37 CERTAINTY SIX re FINAL FATAL SEQUENCE
The wound was shallow, did not create a gaping wound, did not cut important subcutaneous structures, but did create a route to the exterior through which blood from Stab A, then created by the large knife on Meredith’s left side could also exit to Meredith’s right side.
38 CERTAINTY SEVEN re FINAL FATAL SEQUENCE
g. The large knife had damaged no significant vessels of the Left-Side.
39 CERTAINTY EIGHT re FINAL FATAL SEQUENCE
i. Blood also flooded the subcutaneous tissues around the breech in the right-hand side of Meredith’s airway caused by the knife-stab on the left-side of her neck.
40 CERTAINTY NINE re FINAL FATAL SEQUENCE
j. This resulted in Meredith’s inhalation of her own blood.
41 CERTAINTY TEN re FINAL FATAL SEQUENCE
k. Meredith stops screaming, but now her blood seems to be everywhere, including over her attackers, and they quickly abandon her, already evading the accountability they are fully aware is theirs.
42 CERTAINTY ELEVEN re FINAL FATAL SEQUENCE
l. As DD comments, during Meredith’s Autopsy surprise was expressed that the Jugular Veins and Carotid Arteries (of both right and left sides) were intact.
Others who read about this murder, had concluded-then that the killers must have known about the major blood vessels (MBVs), but not about branches-of-Carotid-branches such as little RSTA.
3. Plus Beyond Reasonable Doubts
BEYOND ANY REASONABLE DOUBT ONE re FINAL FATAL SEQUENCE
c. Accepting Massei’s conclusion, Knox and Sollecito were standing-up and facing Meredith in Meredith’s room. Knox, Sollecito and/or Guede, were participating in the restraining of Meredith.
BEYOND ANY REASONABLE DOUBT TWO re FINAL FATAL SEQUENCE
d. Sollecito (or Guede) was holding the smaller Knife, probably in his right hand. This smaller knife made Stab B.
BEYOND ANY REASONABLE DOUBT THREE re FINAL FATAL SEQUENCE
Stab B preceded Stab A, and caused Meredith’s scream.
f. When Meredith screams Knox plunges Knife36 into Meredith’s neck in the above long-axis direction, from left to right, transecting Meredith’s Hyoid bone, first opening Meredith’s airway to the atmosphere, then transecting Meredith’s Right Superior Thyroid Artery.
BEYOND ANY REASONABLE DOUBT FOUR re FINAL FATAL SEQUENCE
e. Knox was holding Knife36, probably in Knox’s right hand, holding Knife36 against the left side of Meredith’s neck with Knife36’s point directed slightly upwards the right side of Meredith’s neck, the blade-label facing towards Knox, the palm of Knox’s right hand also facing towards Knox and the long-axis of Knife36 angled a few degrees above horizontal.
BEYOND ANY REASONABLE DOUBT FIVE re FINAL FATAL SEQUENCE
f. When Meredith screams Knox plunges Knife36 into Meredith’s neck in the above long-axis direction, from left to right, transecting Meredith’s Hyoid bone, first opening Meredith’s airway to the atmosphere, then transecting Meredith’s Right Superior Thyroid Artery.
BEYOND ANY REASONABLE DOUBT SIX re FINAL FATAL SEQUENCE
h. A thin stream of bright-red blood spurted from this artery to its exterior environment, probably through the cuts made in her skin to the outside by both knives.
(Consistent with bleeding from both cuts, Follain, in his book “A Death In Italy” states that Guede saw that blood was coming out of the left side of Meredith’s neck. Follain also states that Francesco Camana of the Rome forensic police, in Camana’s written report, that spurts of blood in the middle of Meredith’s chest made her sweatshirt more bloody on the right side than on the left side)
BEYOND ANY REASONABLE DOUBT SEVEN re FINAL FATAL SEQUENCE
i. The large knife was Knife-36, which had been brought to the murder room from Sollecito’s kitchen.
This series continues here.
Permalink for this post • Tell-a-Friend • Case Wiki • PMF Org Forum • PMF Net Forum • Comments here (32)
Monday, May 18, 2015
“What It Feels Like To Be Wrongly Accused” Could This Be Amanda Knox’s More Truthful First Draft?
Posted by Chimera
What finally was published. You may decide if this was a scrapped first draft, with due caution!
I wanted to get it all out now, so I don’t have to keep explaining it a a hundred times, like I have been on CNN, ABC, NBC, Daybreak, or my memoir, or anyone else who would listen.
I have this dream in my head that when you accuse someone of a horrific act they didn’t do, they inevitably experience shock, disorientation, confusion. They will likely get their name and photo in the paper, and forever be associated with a vile deed. The emotional scars will remain, and their families and friends will abandon them or at least lose trust. However, they did not suffer nearly as bad as you have, as some trauma, such as being slapped in the head, broke you down emotionally.
In all honesty, I know this is as strange to me as it is to everyone else. Since most people don’t angrily deny false accusations, they just let the pressure squeeze their temples, and they let it become hard to concentrate. But they are clearly acting suspiciously, if they don’t remember a fact correctly. But even when they are locked up for that vicious crime, it has to be considered that they are still trying to help the police.
Truthfully, when you falsely accuse someone of murder, police strangely wonder why you did not bring this knowledge up before. You try to keep a straight face, but there is tension in your right eyebrow, and below your right nostril and sometimes triggers you to twitch uncontrollably, making you self conscious about looking people in the face. There’s a pinpoint knot that spasms between your heart making it hard to sit still, as your lies are crumbling around you.
But the truth is, this is still much easier than being outside a murder room with your hands over your ears, while your ‘‘friend’’ is being murdered. After all, it could have been you. The stress is causing you to vaguely remember things, about obscure texts, and to forget if your boyfriend is with you. The stress causes you to smell, even after taking a shower, and to wake up first thing in the morning to buy bleach, as a sudden urge for housecleaning is therapeutic.
Honestly, it can be incredibly stressful to have to release this sudden burst of energy. You yell, are anxious, and hit yourself in the head. The police try to calm you down with food and drinks, but the visions and dreams are tormenting you, as you imagine that you have witnessed something horrific. Yes, your friend let out a huge scream as she died, but you are not really lying when you tell the police who did it. After all, your 2 hour police interview, or was is 14, 35 or 50? Or 150?... was tantamount to torture, and you should not have to be subjected to the stress of having to explain yourself a hundred times while the police investigate the murder of your friend. You suffered too.
My best truth is that when people don’t trust you after making these false accusations, the anxiety arrives even at the most safe and casual of circumstances. You’re hypersensitive to what people say, and how they say it. They seem skeptical when you refer to things constantly as your best truth, or the truth you remember, or the truth you think is closest to the truth. There is an accumulation of primal anger and grief that can give no satisfactory expression when you start talking about visions you had, or how you vaguely remembered something happening. There is always this thought: how can you reconcile with significant parts of society whose trust you have abused?
I have nothing but lies to be afraid of. But people take things out of context. Saying someone had their f***ing throat slit is a way of explaining how a person died (even if I didn’t ‘‘officially’’ know it). That person was my friend. People can’t admit they were wrong when I make gurgling sounds and call blood ‘‘yucky’‘. The can’t admit their mistakes when I say I only knew someone for a month, and want to get on with my life. That person was my friend. They find fault with everything when I say ‘‘shit happens’‘, and miss the memorial, because someone else made the decision for me. That person was my friend. They come up with speculation, and twist things around, and they are haters, when they complain about me wearing Beatles T-shirts in court.
In my head, the trauma felt by the victim of a wrongful accusation is foreign and unimaginable to the majority of people, that’s why I am here to help. By that I mean write this story, not just make up (more) false accusations.
But, in the closest version of the truth, these are the questions that need answered: Why is the person I falsely accused angry with me? Why is he not angry with the police for arresting him? And why are the police now suspicious of me after making a false accusation? Can they not see that I am a good person? Why are people angry when I give interviews of get a million dollar book deal? Can they not see I’ve suffered? I mean, my friend (whose name I forget), was murdered, but it could just as easily have been me. Why are people persecuting me? (loud sigh)
Honestly, I am a victim here. Why can you not see that?
Anyway, that’s all for now. Just need to get on with my life.
Permalink for this post • Tell-a-Friend • Case Wiki • PMF Org Forum • PMF Net Forum • Comments here (10)
Wednesday, May 13, 2015
Updates: Sollecito’s Trial For Vilipendio And Diffamazione, Knox’s Trial For Calunnia #2
Posted by Peter Quennell
They are each essentially charged for lying to poison public opinion against officials, and Sollecito against the system, to try to win themselves illegal breaks at their murder trial and appeals. Knox in court in 2009, and Sollecito in his book in 2012.
The weekly magazine Oggi is also on trial for jubilantly publishing some of Knox’s numerous lies.
Yesterday in a Florence court a new court translation of the passages from Sollecito’s book fully quoted here were accepted by the presiding judge. They differed little if at all from what the prosecutor filed last year and brought the defenses no joy. Right now both the defenses seem stuck.
And on June 9th the calunnia trial against Knox will start in a Florence court. It would be smart for her to be there, as Sollecito usually is. As mentioned above, Knox is already indicted.
It is not clear who her lawyers will be. Sollecito had to field a new team. Ghirga and Dalla Vedova both helped Knox with her defamatory book and with her defamatory email to Judge Nencini in December 2013 in which Knox ludicrously claimed she had been tortured (for the mundane truth read here) and like Bongiorno and Maori they could feel they have conflicts here.
On June 16 Dr Mignini will testify in the Oggi trial in Bergamo north-east of Milan where Oggi is based against the editor Umberto Brindani and the reporter Giangavino Sulas for publishing illegal claims made in Knox’s 2013 book.
At that hearing Knox’s book may finally become the subject of charges on the same lines as Sollecito’s book. Italian legal opinion is not supportive of the pair or the sleazy moves that led to Cassation giving them a break
That break looks increasingly temporary now. Sollecito could face big fines and Knox could face up to six years. Brighter bulbs would have realized it is best not to confront Italian courts.
Archived in The former defendants, Amanda Knox, Officially involved, Police and CSI, The prosecutors, Trials 2008 & 2009, Massei defense, The Massei Report, Other legal processes, Knox calunnia, Diversion efforts, The Knox-Mellases, Knox's book
Permalink for this post • Tell-a-Friend • Case Wiki • PMF Org Forum • PMF Net Forum • Comments here (30)
Friday, May 08, 2015
Why Italy Doesnt Look For Guidance On Its Justice System From What It Sees As Foreign Smartasses
Posted by Peter Quennell
Read our numerous posts setting right for example the false claims of Michael Heavey and Steve Moore. And then read this post and this post and this post and these new stories on US justice. And then answer the question below.
Michael Schwanke: Koch behind push to overhaul criminal justice system
Each year it’s estimated the United States spends almost a $100 billion on prisons. According to Mark Holden, Senior VP at Koch Industries, that’s three to four times what the country spends on education.
Holden and Charles Koch authored a letter titled “The Overcriminalization of America” and now are behind a nationwide push to overhaul the criminal justice system.
The letter points to the many federal laws created over the years. “Congress creates, on average, more than 50 new criminal laws each year. Over time, this has translated into more than 4,500 federal criminal laws spread across 27,000 pages of the United States federal code.”
“We all agree that our system isn’t working. Whether you’re a conservative, evangelical, social liberal, progressive, or libertarian there’s something for you. I don’t think there will be a lot of negative reaction to it,” says Holden speaking to Eyewitness News after addressing the downtown Rotary.
Holden says the U.S. accounts for about five percent of the world’s population, but holds 20 percent of the prison population. Most are non-violent offenders. Holden says one in three people in the U.S. has a criminal record which leads to poverty and joblessness.
Cara Tabachnick: Poll: Young Americans have “little confidence” in justice system
Nearly half of American young adults lack confidence in the nation’s justice system or don’t trust their local police to do the right thing, though that perception is deeply divided by race, according to a national poll of 18- to 29-year-olds released by Harvard’s Institute of Politics at the John F. Kennedy School of Government.
African-American youth had the deepest distrust of the nation’s criminal justice institutions, with 79 percent of those polled expressing little to no trust in their local police department to do the “right” thing.
Hispanic youth weren’t far behind, with 62 percent of those polled expressing little or no trust in their local police force. In stark contrast, just 31 percent of the white youth polled expressed little or no trust.
More than 3,000 people were polled by the Harvard Institute of Politics between March 18-April 1, on questions of criminal justice and other issues, including politics, climate change and terrorism.
Over all, there was an even split on the U.S. judicial system’s ability to “fairly judge people without bias for race and ethnicity.” About 49 percent of those polled said they have little to no confidence that the justice system can operate without bias.
Jason Fyk: Baltimore’s Criminal Justice System Is Corrupt, I Know Because I Was Imprisoned there
n 2011, I was arrested by Baltimore City Police on charges of conspiracy to commit first degree attempted murder.
You might be asking yourself, “Why? What did he do?” I took a cell phone video of a small drunken scuffle in a downtown Baltimore parking garage. I was not a participant in the fight, nor was I an instigator. Despite what the facts of the situation presented, a personal family relationship with one of the so-called “victims” took precedence over the law. What started as a typical two-sided misdemeanor became a one-sided fight for freedom. I spent 50 days in the Baltimore City Detention Center facing two life sentences, and a host of other charges mounting to well over 200 years in prison, all for simply taking a video.
I’ve seen the corruption firsthand. I’ve seen how a law enforcement agent’s personal agenda can destroy a life. I’ve seen how charges are ramped up in order to make a lesser charge stick. I’ve seen detainees entering jail with worse injuries than the participants in the fight I captured on video, all at the hands of police. I’ve also seen the corruption that resides in BCDC on my 50-day tour of the jail.
The conditions at this facility were sub-human, in some cases. Ignoring the mice, cockroaches and decaying conditions, basic necessities of life were severely lacking. The food was nearly inedible and, in some cases, hazardous. For example, the drink flavoring had a poisonous emblem on it, eggs were often brown and rotten when served, and during my stay we even lost water for four days, which meant toilets and sinks did not work. All we had was a cooler jug that was brought in to drink from. Showers were so hot (not adjustable) you could not stand in the water. I saw a detainee drop on the floor, having a seizure from withdrawal, because drugs are not administered for close to a week after arrival. My experience in jail was that of an educated observant, and what I saw was appalling. The list goes on and on.
So Italy or the USA - which country would you pick to do a crime in? Do Heavey or Moore tell you this? How many times have Heavey and Moore found justice lacking in the US? Apparently no times at all. One-note bashing of Italian justice is all that they do.
Permalink for this post • Tell-a-Friend • Case Wiki • PMF Org Forum • PMF Net Forum • Comments here (5)
Tuesday, May 05, 2015
A Shaky Castle Of Cards At Best: The Long-Term Fight For Legitimacy #2
Posted by The TJMK Main Posters
RS and AK in New York a while back, the last time that they actually met
Gloom and doom have been dissipating for over a month now in Italy among those most invested in a just outcome, for the reasons given in this immediate-post-verdict post.
Note that the defense camps really want and need that legitimacy. They know the perverse judgment is not the end of the road. They have clamped down hard on what RS and AK can say.
In the Italian legal community the Fifth Chambers are getting some scathing commentary for their strange law and dismissiveness of the facts of the case which Cardiol in the post below this one once again underlined.
The Fifth Chambers’ sentencing report should be red meat, very tough for the hapless judges to write and a target from Day One and, under a new law in Italy which already overturned several Cassation verdicts, a very likely candidate for a legal suit.
The two book trials should slowly strip the emperors bare (remember those books are still very unread, even by many who read this site, and neither are in Italian yet), and could cost Knox more time inside and both of them fines and civil suits.
The psychologist SeekingUnderstanding has posted several times on how untreated troubled psychology rarely simply gets better with time. RS’s startling new crack at AK shows he has no inner calm, Knox’s delay in wedding plans and her incessant anger and vagueness maybe too.
Neither seem to have the big bucks they will need for their legal teams going forward, or the promise of successful careers. Sollecito still hasnt worked a day in his life and his preferred software area never sees successful entrants at his age. Knox’s only known area of interest - paid writing - is a fast-shrinking field.
Several tough books are already in the works. And the media loves conspiracy theories and hoaxes, and as all the real conspiracies and hoaxes have been on the defenses’ side, trends will also be against RS and AK there.
The only safe bets are that there will be various surprise happenings in the next six months - and that we’d rather be in our camp than in theirs.
Permalink for this post • Tell-a-Friend • Case Wiki • PMF Org Forum • PMF Net Forum • Comments here (11)
Thursday, April 30, 2015
Those Pesky Certainties Cassation’s Fifth Chamber May Or May Not Convincingly Contend With #2
Posted by Cardiol MD
1. This Series’ Ominous Context
On Friday, 27th March, 2015 a Panel of five Court of Cassation judges of the Fifth Criminal Chamber of the Supreme Court in Rome, found Amanda Knox, and Raffaelle Sollecito, Not Guilty of the Murder of Meredith Kercher.
The President Judge of the Fifth Criminal Chamber of this Supreme Court Panel is Gennaro Marasca, The Prosecutor General is Mario Pinelli, and the Reporting Judge for the Meredith Panel is Antonio Paolo Bruno.
Near the start of the above SCC hearings Judge Bruno was quoted as having said that the trials had “not many certainties beyond the girl’s death and one definitely convicted.”
We consider that to be flat-out wrong. Absurd in fact, as the hapless Hellmann & Zanetti could testify. So do numerous professionals well-briefed on the case in Italy. We expect soon articles in Italian similar to this one.
In fact if the forthcoming Marasca Sentencing Report attempts to brush the numerous real factual certainties under the table there is a near-certainty that the perverse verdict can be overturned by way of a lawsuit or a petition to the President of the Italian Republic.
Post #1 of 10 April described some 26 of the factual headaches facing the SCC under the strict Italian Legal Requirements for classification of Evidence as Circumstantial-Evidence.
The fact that the trials actually had very many certainties was demonstrated in Post #1, and continues in this Post.
2. Note On Circumstantial Evidence
Defendants typically trivialize Circumstantial-Evidence as “Only Circumstantial-Evidence”.
Actually, Circumstantial-Evidence is often the most potent evidence leading Finders-of-Fact to their Verdict. This is even more true in Italian Law because its Circumstantial-Evidence classification-requirement provides that an evidentiary circumstance or fact must be true to the level of being a Certainty. Therefore, for example, the unverifiable RS/AK broken water-pipe story can not be classified as Circumstantial Evidence and cannot legally be admitted as Evidence at all.
Continuing the review of the Massei Motivazione, the Nencini Motivazione, and the several past SCC rulings, demonstrating the large number of Certainties:
3. Certainties 27 To 30
27. THE SIMULATED BURGLARY
This Subject has already been commented-upon in Pesky #1, under the Heading “13. Crimescene Meddling?”:
“Having accomplished the Phone-Dump, Meredith’s killers next re-model the crime-scene, minimising the evidences of their identities, cleaning-up the evidences that it was ‘an inside job’, and simulating the appearances that it was ‘an outside job’.”
According to the Massei Summary, Part 3:
“8. The staged break-in
The Massei Report examined the evidence surrounding the broken window and disarray in Filomena Romanelli’s bedroom in order to determine whether a real break-in had occurred or the appearance of one had been staged….....
The court concluded that the disorder in Romanelli’s room and the breaking of the window pane constituted an artificial representation created in order to misdirect the investigations towards a person who, not having the key to the front door, was supposed to have entered through the previously broken window and then effected the violent acts on Meredith which caused her death.”
So Massei, having carefully analysed all the Evidence, and the Arguments on both sides Concluded that there was No Burglary at all, and that Meredith’s killers had deliberately created the appearance of a Burglary, in order to misdirect the Investigators of Meredith’s death.
According to the Hellmann-Annulling SCC Panel wrt the Simulated Burglary:
“The compartmentalisation of the single pieces of evidence thus weakened their value and their depth, since a piecemeal evaluation of their relationship and of the required synthesis inevitably followed, ignoring the increase in value that the pieces of the mosaic of circumstantial evidence assume when synergistically evaluated.”
The Panel begins its justification for Annulling Hellmann/Zanetti.
The Hellmann-Annulling SCC Panel Page 66:
“.....the simulation of the burglary should have been evaluated in light of the investigative data collected immediately after the event, such as Rudy’s shoeprints (along the path of his flight) and the traces of the victim’s blood detected in many spots in the bathroom used by Ms Knox and  Ms Kercher, surely carried there by third parties present in the house after the murder.”
The Panel takes-for-granted that the “Burglary” was Simulated by the Perps, and focuses on its improper evaluation by H/Z.
The Hellmann-Annulling SCC Panel Page 82-83:
“The Hellmann Court of Appeal preferred – in full agreement with the defence pleadings – to favour the information the unreliable Rudy Guede had conveyed in his chat with his friend Benedetti, i.e., that he was in via della Pergola around 9.00/9.30 PM on the first of November 2007; this information was correlated with the victim’s telephone records which registered:
a) an unanswered call at 8.56 PM
b) the dialling of the number 901, corresponding to an answering service at 9.58 PM, immediately after which the call was blocked
c) at 10.00 PM the dialling of the first number in the list of phone numbers for the Abbey bank, without however the dialling of the required dialling code
d) at 10.13 PM a GRPS connection of the length of nine seconds, most probably linkedto a multimedia message, without the necessity of human interaction.
On the basis of these facts, the Hellmann Court reached the conclusion that Miss Kercher had not called her family again in the period of time between 8.56 and 11.00 PM, since shortly after the first attempt an unexpected event may have occurred, such as for example the attack, and the dialling of the number at 10.00 PM could have been done  by another person, who was not familiar with that mobile phone, while attempting to silence it, a fact which would place the time of death at before 10.13 PM.
The reconstructive path is permeated with factual deductions deriving from a series of conjectures and baseless suppositions, without any reliable, demonstrative basis, in spite of [other] findings of significant value which conflict with those [deductions] and have a greater probative value, which were reduced in their importance on the basis of an unsatisfactory reasoning, which stands out because multiple passages contradict other passages of the statement of reasons, and because of manifest illogicality which must be rightfully censured in this venue. “
The Panel implicitly includes H/Z’s failure to recognize the “Burglary"as simulated, as part of its “unsatisfactory” and improperly “baseless” reasoning.
NENCINI Page 175:
“In the cottage at 7 Via Della Pergola, on the day of 2 November 2007, in the early hours of the day and up until approximately 12.00 pm, nobody had a shower, just as no burglar had gottenin through the window of Filomena Romanelli’s room; more simply the totality of the circumstantial evidence examined to this point gives us a plain picture of how the defendants put into action a clean-up of the traces of the murder committed and activity to “derail” the investigations that involved a series of actions, a number of which are still to be described.”
So, having stated at length “the totality of the circumstantial evidence examined” Nencini concludes, that the defendants (Knox and Sollecito) had faked the “Burglary” and,
Nencini Page 335:
“...we exclude, for the reasons already expressed, that the murder was committed by a burglar caught in the act of entering the flat after breaking Filomena Romanelli’s window…”
The Nencini Appellate Court Judges, presumably recognise that their conclusion Knox and Sollecito had faked a burglary didnot implicitly exclude the co-existence of a real burglar.
So now they explicitly “exclude” the conclusion that the murder was committed by any burglar.
What will the Marasca Panel make of that?
28: THE SCREAM
Amanda Knox is herself the very first person to refer to the Scream, in her voluntarily insistent Written-Note of November 6th, 2007.
This allegation is generally accepted to be so factually Certain that its factual existence has never been plausibly disputed.
Massei Pages 98-99:
“.....it can thus be held that, in fact, towards 23:30 pm on November 1, 2007 there was a loud, long scream from a woman which came from  the house at 7 Via della Pergola.
After this scream, Nara Capezzali heard running on the metal stairs located below her residence in the S. Antonio car park towards the section used as the exit for the cars, and straight afterwards she heard running on the path situated in front of the house in Via della Pergola.
The harrowing scream heard a little before must have caused a strong agitation in Mrs. Capezzali, who was rendered particularly sensitive and attentive to what might happen and who knows the area; therefore, it is to be held that she referred to noises on the metal steps and on the path because there actually were such noises and she was able to hear them.
Furthermore, the deposition of the witness Dramis, who referred to ‚running steps‛ heard about 23:30 pm on that same November 1st in Via del Melo, which is very close, almost a continuation of the path of the houseIp in Via della Pergola, could constitute some confirmation of this.
The running on the path in front of the house at 7 Via della Pergola shortly after the heart-rending scream leads this Court to hold that the heart-rending scream came from the house at 7 Via della Pergola; likewise, whoever’s running steps were heard on the metal steps and whoever’s running steps were heard a little later on the gravel path and leaves in front of the house at 7 Via della Pergola lead the Court to hold that more than one person came out of that house.”
So Massei “held” as a specific “fact” that the scream, came from the 7 Via Della Pergola cottage, rented by Meredith Kercher and Amanda Knox, among others, at about 23:30 pm on November 1st, 2007.
However, Hellmann/Zanettii, and the miscellaneous FOA systematically trivialized the Scream, e.g.: the Police made AK invent it; the Police suggested it to AK; the Police tricked AK into writing it down; there are so many Screams-in-the-Perugia-Night that the scream the Witnesses testified to having heard was not Meredith’s Scream; the scream the Witnesses testified to having heard was at some other time; and Meredith’s Scream was at yet another time. So-many imagined doubts were marshaled that Hellmann/Zanettii argued that there was too much Reasonable Doubt.
The Hellmann-Annulling SCC Panel Page 86:
“Before concordant pieces of data convergent towards a time necessarily later than the one established by the court, back to which the heart‐rending scream of the unfortunate Meredith needs to be tracked, the appeals court preferred to draw the threads from Guede’s presentation of facts, [which he] delivered in a context outside the court, and anyway absolutely false (given that the accused declared himself to be uninvolved in the murder).
The conclusions drawn appear even more jarring if one only considers that the heart‐rending scream was mentioned even by Amanda herself in her handwritten letter when the fact was not yet in the public domain. Not only this, but the reconstruction made by the Hellmann Court of Appeal is not even in line with the relevant post-mortem findings, which indicated a time of death range from 6.50 PM to 4.50 AM on 2 November, thus at a time around 11.00 to 11.30 PM according to the calculated average, so as the First Instance Court had argued, with greater adherence to the available evidence.
Thus, the statement of reasons suffers from a grave lack of logic and from inconsistency with other available evidence also on this point, openly showing an obvious explanatory inadequacy to which the judge of remand will have to bring remedy.”
So this SCC Panel Excoriates Hellmann/Zanetti’s biased and illogical reasoning wrt the scream, constructively ordering the judge of remand “to bring remedy”.
NENCINI stated on pages 117-118:
“.....from her very first statements, Amanda Marie Knox provides the picture that, at some point during the attack, Meredith was screaming. Indeed, it was only because of the poor girl’s scream  that the defendant imagined “what might have happened”. This scream, so excruciating that it caused her to move her hands to her ears to block it out, is introduced in the written statement on the same morning at the offices of the Perugia police. Significantly, this is the scream that was clearly heard by the witnesses Nara Capezzali and Antonella Monacchia. It was so “excruciating” that Nara Capezzali was beside herself, something that she told the First Instance Court hearing on 27 March 2009, having previously only spoken about it to the police, about a year after that night of November 2007.”
Thus does “the judge of remand” bring remedy, expressing no doubt that the scream Knox claims to have imagined “might have happened”, Certainly Did-Happen.
It will be interesting to see Bruno’s take if his SCC Panel submits its Motivazione.
29. THE KNIFE COLLECTED IN SOLLECITO’‘S FLAT
This Knife was mentioned in Post #1, in which the use of at least 2 knives in Meredith’s murder was established.
Massei Page 194:
“Seven samples were taken from the exhibit [reperto] acquired by the Flying Squad of Perugia (i.e, Exhibit [reperto] 36) and consisting of a large knife, 31 centimetres long; on the handle, from the trace indicated as ‚trace A‛, the genetic profile of Amanda Knox was found and in a point on the blade, the genetic profile of the victim was found. All of the other samples gave negative results. “
Here, calling this knife Exhibit 36, Massei reports that Meredith’s DNA was found on this knife (In spite of the fact, corroborated by Knox herself, that Meredith had never been in Sollecito’s flat), as well as Knox’s DNA.
Massei Page 264:
“EXHIBIT 36 (THE DOUBLE-DNA KNIFE)
 On November 6, 2007, during the search carried out in the apartment in Perugia where Raffaele Sollecito lived, the 31cm-long knife was found.”
Here, Massei refers-back to when and where this knife was found.
Massei Pages 373-375:
“Of Raffaele Sollecito’s habit of carrying a pocket knife, Corrado De Candia also made reference, recalling that the blade of Raffaele Sollecito’s pocket knife had a length around 6-7cm and a width of 1cm or less.
In relation to the preceding (Raffaele Sollecito actively present at the scene of the murder, finding himself behind Meredith, pulling on the bra with violence, finally deciding to cut it), it must be affirmed that Raffaele Sollecito not only found himself at the scene of the murder and pursuing, with violence, the same objective as RudyGuede, but he is there with a well-sharpened knife (dangerous and thus capable of cutting a resistant material, such as that of a bra,  especially in the part that was cut, which may be seen in photos 117 and 119 in the second volume of photographic evidence) and having a blade probably around 4cm long, as De Martino and Binetti have referred to (the length of this, 4cm, appears more consonant with the type of pocket knife described, and Raffaele Sollecito’s habit of always carrying a pocket knife attached with a clip to his trousers, and therefore to be considered rather short and manageable, with respect to a blade of 6 or 7 cm, as indicated by Candia).
Elements which lead one to consider that the 4cm in depth wound was inflicted by Raffaele Sollecito with the pocket knife that he was always carrying around with him, and was inflicted immediately after having cut the bra, while Rudy penetrated the unfortunate victim – who had been almost completely stripped naked – probably with his fingers because the biological trace on the vaginal swab did not present anything of a spermatic nature.
That the knife used by Raffaele Sollecito on that occasion, according to what has been said, has not been found, is an irrelevant circumstance when it is a case of blade weapons [arma bianca] of easy availability and easy enough to conceal (cf. on this specific point, Cassation 30 June 2004, no 48349).
This progression of violence, from advances to gripping, from which derive the numerous bruises, to ultimately injuring the girl with a knife, finds a possible explanation in the fact that Meredith, it must be held, continued to put up the resistance that she could (there are in fact no signs of yielding, of any acquiescence occurring and, as a matter of fact, the scream that Nara Capezzali and Maria Ilaria
Dramis have declared to having heard confirm this behaviour of the young lady), and, to the end of completely subduing her, even to her will as well, probably, as an angry and almost punitive reaction against a girl continuing in this behaviour, there was the blow inflicted upon the neck producing the 4cm deep wound (corresponding to about the length of the blade described by Binetti and De Martino), a blow that, as observed above, is to be held to have been inflicted with the same pocket knife used to cut off the bra and therefore by the  same person who had sliced the bra itself and who had the use of this pocket knife, and this is Raffaele Sollecito.
The very loud scream (as described by Maria Ilaria Dramis) of pain and, at this point, also of terror, made by Meredith and of which it was said, not causing any repentance among the attackers, but the final definitive progression of violence, and while her already-cut bra was being removed (the bra that, coming into contact with the part of the body that had begun to be covered in blood from the wound in the neck, itself became partially stained with blood), the hand of one of the attackers sealed Meredith’s mouth, so that she could not scream again, and another of her attackers struck her again on the neck, but on the left side because, probably, they were on the other side with respect to the person who had inflicted the 4cm deep wound, causing [in their turn] a lesion 8cm deep. Meredith tried to withdraw the part of her body that was once again and more deeply attainted but, held by the hand of whoever was holding her mouth shut and countered by the presence of the one who had caused the 4cm-deep wound, she ended up being driven back towards the knife that still remained in the wound itself, and occasioned a second incision on the epiglottis, as has been seen, almost as if it were [a case of] a second blow being inflicted upon her.
This dynamic requires the presence of a second attacker, of a second knife. This Court holds that the second attacker is Amanda Knox and the second knife is Exhibit 36. The outcome of the genetic investigation with a quantity of DNA indicated as ‚too low‛ was placed under censure and doubts about reliability. Equally, the incompatibility of this knife with the wounds suffered by Meredith was affirmed.
On these matters, the considerations already made must be recalled, which led this Court to evaluate the outcome of the genetic investigation as reliable, and this knife as absolutely compatible with the most serious wound. The inquiry elements allow, still, further observations.
This knife, which attracted the attention of Inspector Finzi during the search in Raffaele Sollecito’s house such that it was taken, unlike the other knives that were in the same drawer, must have presented itself as different from the others, with  its own individuality with respect to the other knives present in the Corso Garibaldi house. The owner of this house, were this knife not to be found in the Corso Garibaldi house, would have been able to remember its presence and note the absence of this utensil, and this circumstance would have been able to constitute a trace, an investigative hypothesis upon which Raffaele Sollecito may have been called in to supply an explanation for. In relation to this, it is to be held that Amanda and Raffaele would have evaluated as opportune to carry the knife back to the house from which it had been removed, considering also that its cleaning (it was in fact found extremely clean, as has been noted) would have ensured the non-traceability of the wounds suffered by Meredith to it itself.”
Massei here explains the sequence of events at the murder-scene, the knives used, who used them, the wounds inflicted, the scream, why there must have been at least one more attacker additional to Guede, and why it is Certain that 2 knives were used, one of which was Exhibit 36, and why the Court concludes the second attacker to be Amanda Knox and the killing-knife to be Exhibit 36.
Massei also discusses the transport, cleaning and return of Exhibit 36 to Sollecito’s rented flat.
The Hellmann-Annulling SCC Panel Pages 88-90:8
“In the course of their investigation, the appointed experts found a third trace on the blade of the knife taken from Sollecito’s flat (Exhibit 36), apart from the one attributed without objection to Knox and the one attributed with strong objections to the victim, right near the trace from which the DNA attributed to the victim was extracted. This [third] trace was not submitted for genetic analysis due to a decision made unilaterally by one of the experts, Prof. Vecchiotti, without written authorisation from the Court, which had in fact precisely charged her with the task of attributing the DNA found on the knife and bra clasp, because the previous traces] were deemed to be of insufficient quantity to yield a reliable result, being low copy number. Her decision was later approved by the [Hellmann Court of Appeal] on the assumption that the [new] quantity was [also] too small to permit the two amplifications needed to ensure reliability of the result (page 84 of the [appeal] judgment).
Therefore,  when the Prosecutor General and the Counsel for the Civil Partiessubmitted a request to complete the analysis on the basis of the scientific explanation provided by Prof. Novelli, a geneticist of undisputed repute recognized by the [appeal] court itself (page 79 statement of reasons), regarding the availability of instrumentscapable of reliably analysing quantities even smaller than ten picograms in diagnostic fields (such as embryology) in which the need for certainty is no less important than in thecourts, the Hellmann Court of Appeal refused on the assumption that the methods mentioned by Prof. Novelli were “in an experimental phase” (page 84), thereby freely interpreting and misrepresenting the testimony of the professor, who on the contrary mentioned the use of such techniques in diagnostic domains in which the certainty of the Presult is essential.
All in all, the modus operandi of the Hellmann Court of Appeal which, unacceptably delegating its own function, entrusted to the unquestioned evaluation of the expert the decision of whether or not to submit the new trace for analysis, is open to understandable and justified censure, considering that the test requested by the Court should have been done, lying as it did within the scope of the expert’s mission, subject to a discussion of the results if they were not deemed reliable. In any case, a member of the panel of experts could not assume responsibility for unilaterally narrowing the scope of the mission, which was to be carried out without hesitation or reservation, in full intellectual honesty, giving a complete account of the possible insufficiency of the material or unreliability of the result.
All the more so as the repeat of the genetic tests was requested in 2011, four years after the initial tests; a lapse of time during which significant progress had been made in the instruments and techniques of analysis, as Prof. Novelli, a consultant to the Prosecutor General, stressed. Precisely on receiving the information from this consultant, who spoke of cutting‐edge techniques while under oath – the Court fell into another gross misinterpretation, in a significant argument concerning the reliability of the results of the analyses made, by assuming the impossibility of repeating the tests even on traces found at a later time, thereby affecting the logic of the statement of reasons (Section I, 25.6.2007, n. 24667).
The Hellmann Court of Appeal also completely ignored the authoritative points offered by Professor Torricelli, who shed serious doubt on the fact that a very small quantity was found; she quantified the useful material in the new trace as 120 picograms (hearing of 6 September 2011, page 91 of transcript), which is sufficient to execute a double amplification, and she opposed the methodology by which Prof. Vecchiotti reached the decision not to proceed, in a report obviously not endorsed by the Prosecutor General and the Civil Parties. The authoritative nature of the observations of the two consultants of the parties  would have required that the Court deal with their points, which irremediably conflicted with the assumptions of Prof. Vecchiotti, whose points could indeed be accepted by the Court, but only after evaluation of the opposing points, which were of equal scientific value.
It must be concluded that when it rejected the request of the Prosecutor General and of the Counsel to the Civil Parties to complete the expert investigations by analysing the new traces found on the blade of the knife collected in Sollecito’s flat, as initially mandated to the experts ‐‐ a request that was supported by more than adequate scientific knowledge ‐‐ the Court made a flawed decision, by reason of its failure to comply with the relevant laws which mandate the safeguarding of all parties in their access to evidence (article 190 of the Criminal Procedure Code), especially in an area in which the expert report (as a means of seeking evidence) was requested by the Defence, and was arranged, but was not completed regarding the new trace, even though it demanded a response more than any other.”
The Panel Excoriates both Hellmann, and it’s appointed expert, Prof. Vecchiotti. The latter for not examining Exhibit 36 as ordered-to by Hellmann, and Hellmann for letting Vechiotti get away with her dis-obedience.
Finally the Panel Criticised Hellman for “failure to comply with the relevant laws”.(Referring specifically to “laws which mandate the safeguarding of all parties in their access to evidence”)
Nencini Pages 337-338 :
“The Court believes that the other blade, the one that caused the wound on the left side of the neck from which most of the blood came out and that caused the death of Meredith Kercher was held by Amanda Marie Knox. It is the knife that was seized from the flat of Raffaele Sollecito by the State Police and labeled as Exhibit 36, on which it is now appropriate to make some considerations.The knife with the blade of 31cm was seized by the State Police from Raffaele Sollecito’s flatduring the first search performed there. The State Police officer who physically took it from the cutlery drawer declared in testimonygiven during the First Instance trial that his attention was caught by this knife, and not others in the drawer, as it was much cleaner than the rest of the cutlery, so as to imagine that it had beencarefully and recently washed. This circumstance, which might appear to be an irrelevantpersonal perception, brought important conclusions to the trial. The Scientific Police analyzedBthe knife and found, on the blade, inside a series of streaks almost invisible to the naked eye, themixed DNA of two contributors: Meredith Kercher and Raffaele Sollecito [sic].[see Footnote 28 below]
This evidence, strongly contested by the Defense, was analyzed by this Court in the section related to the genetic analyses and there is no reason to repeat those arguments. Surely it is an attribution that cannot be considered definite evidence, for the reasons reported above related to the failed repetition of the analysis of the trace, but it remains a strong piece of circumstantial evidence of the fact that this weapon is the second one used in the murder of Meredith Kercher.
On the knife there was a second different trace with sufficient DNA for an analysis, carried out by Dr. Patrizia Stefanoni, who attributed this trace to the DNA of Amanda Marie Knox. This attribution was not challenged by the Defense and can be taken as conclusive evidence.
Furthermore, after having ordered in this remand trial an analysis of the trace (I) extracted during the course of the expert analysis performed at the behest of the Judges of the Court of Assizes of Appeal of Perugia, the Carabinieri of R.I.S. [Reparto Investigazioni Scientifiche, Scientific Investigative Unit] of Rome highlighted DNA that could be analyzed and alsoattributed it to Amanda Marie Knox, without any particular challenge.
[Footnote 28:This is certainly an oversight of the Court, as everywhere else in the report they mention the DNA of Meredith Kercher on the streaks, as is widely known. The DNA of Raffaele Sollecito on the knife is never mentioned anywhere else and is not part of the case documentationScientific Investigative Unit of Rome highlighted DNA that could be analyzed and also attributed it to Amanda Marie Knox, without any particular challenge.]
Both traces attributed to Amanda Marie Knox were extracted from the handle of the knife, from the part closer to the blade.
The evaluation of all the elements extracted from the seized knife leads this Court to believe that it is one of the two weapons used in the murder and that it was held by Amanda Marie Knox, who therefore struck Meredith Kercher on the left side of the neck, thus causing the only mortal wound. “
Nencini rebuts the Defence arguments and concludes that Knox stabbed Meredith on the Left side of Meredith’s neck, using Knife Exhibit 36, causing Meredith’s death.
Nencini Page 339:
“...Whoever struck Meredith Kercher on the left side of the neck with a stab that penetrated 8cm (the entire length of the cut) caused violent and abundant bleeding, as shown by the quantity of blood that came out and the splashes of blood on the furniture, so as to hide completely the surface of entry of the blade, thus making  impossible the reintroduction of the weapon in the same cut where it was introduced with the first blow.
It must be stated therefore that whoever struck Meredith Kercher on the left side of her neck did so only once, causing a devastating wound from which, pushed by arterial pressure, a great gush of blood came out, as shown by the splashes of blood on the furniture near the spot where the young woman was struck.
Thus, it must be concluded that the weapon seized is not incompatible with the wound on the left side of Meredith Kercher’s neck, certainly a mortal wound, and that the finding of Meredith Kercher’s DNA on the blade of the knife is evidence fully compatible both with the nature of the weapon and with its use.”
Nencini summarizes-finally its conclusions, rejecting Defence arguments that the Knife, Exhibit 36, is “incompatible” with the wound on the left side of Meredith Kercher’s neck, but is certainly “fully compatible both with the nature of the weapon and with its use.”
Here is the Wiki Site opinion:
Given there is no doubt that the profile discovered on the knife is Meredith Kercher’s profile and that both contamination and secondary transfer have been excluded the only possible conclusion is that the DNA got on the knife because it was used in the murder of Meredith. That Sollecito would so quickly fabricate a lie to explain why Meredith’s DNA would have been expected on the knife rather than protest that it is impossible just adds support to a position that needs no support. Sollecito’s knife was used to kill Meredith.”
30. THE ANALYSIS OF FOOTPRINTS AND OTHER TRACES
[Note the difference between Footprints/Soleprints and Shoeprints; this difference is crucial]
Micheli post-trial interview 2008, according to the Guardian:
“while footprints there might not definitely belong to Knox and Sollecito, they did indicate more than one attacker.”
Excellent example of how Facts may not indicate “Who?”, but Do indicate, with Certainty, “How Many” (“more than one”)°
Massei Pages 352-353 :
“Professor Vinci stressed the value of some particularly individualising details of the right foot of Raffaele Sollecito, revealed by the said examination, consisting of: the fact that his second toe does not touch the ground (the so-called “hammer” position of the distal phalange) connected to a slight case of valgus on the right big toe, and the fact that the distal phalange of the big toe also does not touch the ground, (meaning that there is a distinct separation between the print of the ball of the foot and the print of the big toe in the footprint of the accused). Given these two features which make Sollecito’s foot morphologically distinctive, Professor Vinci’s study basically arrives at the assertion that, while the second toe of Raffaele Sollecito’s right foot is entirely absent from the footprints known to be made by him, on the contrary the footprint on the bathmat does contain the imprint of the second toe.  Professor Vinci reached these conclusions based on a close examination of the weave of the bathmat, and also by varying the colours of the footprint, as shown in the photograph album of the Scientific Police, so that via the use of different filtres it could be viewed in black and white or in a more intense red colour which emphasised the traces of blood.
A morphological examination of the footprint alone led the professor to consider it as irreconcilable, due to its general shape and size, with the footprint taken directly from Sollecito’s right foot. Indeed, the consultant hypothesised that the measurement calculated by the Scientific Police of the width of the big toe of the bathmat footprint was to be reconsidered: he rejected the measurement of about 30mm in favour of a much smaller measurement of 24.8mm, which he obtained by detaching a mark of haematic substance which he did not consider to be a mark from the surface of the big toe, but from a separate body, namely the imprint of the second toe, which is totally absent from the print taken from Sollecito’s right foot.”
In standard English-Language medical terminology, Sollecito’s Right Foot has a distinctive “Hammer Toe”.
It is certain that None of the other suspects have this abnormality.
This Fact is key to the Certainty that Sollecito was barefoot-at-the-crime-scene!
Note missing 2nd toe-print on Sollecito’s Right Footprint:
The Hellmann-Annulling SCC Panel Page 96-98:
“13 – Analysis of footprints and other traces
The criticisms expressed on the subject of the obvious lack of logic of the reasoning Oconcerning the evaluation of the genetic evidence are well‐founded.
The [appeal] court evaluated two technical consultancies on the footprint in the victim’s blood left by a bare foot on the bathmat of the small bathroom of the flat where the crime was committed, with [identification] capacity limited to negative comparisons. As a matter of evaluation, this in itself is not subject to censure, however the court of second degree has again fallen into [the error of making] a statement in open contradiction with the available evidence, ending by attributing the contested footprint to Guede, by making an assumption contrary to all the evidence that “after having left a print on the pillow”, he slipped out of his right shoe “in the course of the violent aggressive manoeuvres to which he subjected Ms Kercher” and stained his foot with blood, which he supposedly then washed in the small bathroom, since if it had not happened this way, his right shoe would have also left some bloody traces in the corridor (compare page 100 of the statement of reasons).
Not only is this assumption deeply implausible, considering that the print left by Guede on the pillow was made by his hand, which is easily explained by the dynamics of the event, but it is much harder to explain how he might have lost his Adidas sneaker, given a situation in which Guede, jointly with others, as stated in the verdict that convicted him, overpowered the young Englishwoman so as to immobilise her. Not only that, but the above assumption also clashes with the available evidence regarding the bloody shoe prints which indicate that he left the room where the crime was committed to proceed directly to the exit door of the flat.The fact that only the left shoe was stained does not that his right foot was unshod, since at most it proves that only his right (sic) shoe signify stepped in the pool of blood which formed due to the numerous wounds inflicted on the unfortunate victim, very probably with two knives.
Just as deficient is the logic adopted in a further step of the statement of reasons, relating to the discovery of the presence of traces revealed by luminol (not visible to the naked eye), which yielded Knox’s profile and the mixed profiles of Knox and Kercher, found in Romanelliʹs room, in Knoxʹs room and in the corridor. These traces could not be attributedto footprints left on other occasions, as the appeal court implausibly accepted [them to be], since luminol reveals traces of blood and it is not really conceivable that Knoxʹs feet might have been stained with Kercherʹs blood on some other occasion.
As pointed out by the party submitting the appeal, no justification is given for the coincidence of the presence of Knoxʹs DNA in every trace mixed with the blood of the victim, whereas  the hypothesis formulated by the judgment of first degree is much more plausible: it emphasized the mixed nature of the traces (including those found in the small bathroom) which, via adequate inductive logic, led to the conclusion that with feet washed of the victimʹs blood but still bearing some residue, Knox went into her own room and Romanelliʹs room passing through the corridor during the staging operation as assumed in the initial reconstruction, which is based on the objective fact that only after midnight did the victim’s telephones stop connecting to the cell tower of via della Pergola and connect instead with the one on via Sperandio, where they were eventually found; this meant that only after midnight were they removed by unknown hands from the flat in via della Pergola.
While according to the prosecution’s hypothesis, the mixed traces found in the small bathroom suggested a cleaning activity by Knox, who transferred the victim’s blood from the crime room to various points in the small bathroom (on the sink faucet, on the cotton swabs box, the toilet seat, the bidet, the light switch, the bathroom door) where the traces were collected, the Hellmann Court of Appeal entrenched itself behind a position of absolute certainty, without acknowledging what the First Instance Court had observed in disagreement with the defence arguments espoused by the Hellmann Court of Appeal, which decided, in essence, that if the two defendants had remained in the flat of via della Pergola to clean themselves up from the victim’s blood traces, thus functioning as vehicles carrying blood to the small bathroom, then some trace of Sollecito would have been found, whereas in response to this objection the First Instance Court plausibly noted that Sollecito could have washed himself in the shower stall with an abundance of water, so as to eliminate traces, perhaps without even any rubbing, leaving to Knox the task of cleaning the sink and bidet with the traces of the victim’s blood.
The alternative explanation offered in the first instance judgment to the Defence’s objections was not taken into consideration, and thus the Hellmann Court of Appeal fell into another error of reasoning, having neglected various circumstances which, in the course of their analysis, they should have examined and if necessary refuted with more weighty arguments. As pointed out by the party submitting the appeal, no justification is given for the coincidence of the presence of Knoxʹs DNA in every trace mixed with the blood of the victim, whereas  the hypothesis formulated by the judgment of first degree is much more plausible:
It emphasized the mixed nature of the traces (including those found in the small bathroom) which, via adequate inductive logic, led to the conclusion that with feet washed of the victimʹs blood but still bearing some residue, Knox went into her own room and Romanelliʹs room passing through the corridor during the staging operation as assumed in the initial reconstruction, which is based on the objective fact that only after midnight did the victim’s telephones stop connecting to the cell tower of via della Pergola and connect instead with the one on via Sperandio, where they were eventually found; this meant that only after midnight were they removed by unknown hands from the flat in via della Pergola.
While according to the prosecution’s hypothesis, the mixed traces found in the small bathroom suggested a cleaning activity by Knox, who transferred the victim’s blood from the crime room to various points in the small bathroom (on the sink faucet, on the cotton swabs box, the toilet seat, the bidet, the light switch, the bathroom door) where the traces were collected, the Hellmann Court of Appeal entrenched itself behind a position of absolute certainty, without acknowledging what the First Instance Court had observed in disagreement with the defence arguments espoused by the Hellmann Court of Appeal, which decided, in essence, that if the two defendants had remained in the flat of via della Pergola to clean themselves up from the victim’s blood traces, thus functioning as vehicles carrying blood to the small bathroom, then some trace of Sollecito would have been found,
Whereas in response to this objection the First Instance Court plausibly noted that Sollecito could have washed himself in the shower stall with an abundance of water, so as to eliminate traces, perhaps without even any rubbing, leaving to Knox the task of cleaning the sink and bidet with the in the moments immediately after the murdertraces of the victim’s blood.The alternative explanation offered in the first instance judgment to the Defence’s objections was not taken into consideration, and thus the Hellmann Court of Appeal fell into another error of reasoning, having neglected various circumstances which, in the course of their analysis, they should have examined and if necessary refuted with more weighty arguments.”
Hellmann’s Annulment is here not only fully justified, but is essential to avoid a gross miscarriage of justice.
Nencini Pages 328-329 :
“We know with certainty that, on the evening of 1 November 2007, Rudy Hermann Guede was present inside the Via della Pergola cottage, not only because he said so and it is reported in thefinal verdict that convicted him, but also on the basis of investigations and analyses carried out by the State Police inside the cottage contained in the case file. We also know with certainty that Rudy Hermann Guede could remain inside  the flat with absolute ease… [for] considerable time, as he left his “traces” in the large bathroom [of the flat].
We know with certainty, as this is shown by the evidence, that immediately after the homicide inside the Via della Pergola cottage three people were present, surely two men and a woman. This can be observed from the genetic investigations and the results of the traces highlighted using luminol. We can also say that one of the men who walked over Meredith’s blood left a very visible trace of his foot on a blue bathmat found inside the small bathroom of the flat. This footprint was attributed by investigators to the right bare foot of Raffaele Sollecito, with an analysis this Court finds correct on the basis of the considerations already made. One of the footprints detected using luminol was then attributed to a woman’s foot compatible, in size, to that of Amanda Marie Knox; in addition, mixed DNA traces found in the small bathroom of the flat (washbasin, bidet and cotton-swab box) were attributed to Amanda Marie Knox.
We have, in substance, pieces of circumstantial evidence of certain reliability, multiple and concordant, that place Rudy Hermann Guede, Amanda Marie Knox, and Raffaele Sollecito inside the Via della Pergola flat on the evening of the murder of Meredith Kercher, in the moments immediately after the murder, when the three left traces of their passage by depositing [marks in] the victim’s blood, abundantly released from wounds.”
Emphasizing the Certainty of its knowledge regarding “traces”, blood, luminol, genetic investigations, DNA, and footprints, Nencini rules Guede, Knox, and Sollecito to have been at the crime-scene “in the moments immediately after the murder” of Meredith Kercher.
4. Other Worries For Judge Marasca
However far-fetched the Motivazione of this SCC Panel turns-out to be, it can hardly have-been unaware of the facts that Sollecito is scheduled to be back in a Lower-Court in Florence on 30th April, 2015, facing his first-set of charges in the Sollecito & Gumbel trial for diffamazione and vilipendio (slander of officials and of the system), nor that Knox is scheduled to be back in a Lower-Court in Florence on 9th June, 2015, facing her new, expanded-set of Calunnia charges.
This series continues here.
Permalink for this post • Tell-a-Friend • Case Wiki • PMF Org Forum • PMF Net Forum • Comments here (32)
Monday, April 27, 2015
Justice System Comparisons #3: Bail, Extradition, and More Crimes In Canadian Law
Posted by Chimera
1. Overview Of My Multi-Part Series
Italian justice has become very slanted toward the defendant, often at the considerable cost of the victim.
Canadian justice does not do that as much. It tries harder than most systems, including the Italian, to be equally fair to both, to balance their interests to the maximum that is possible. So it makes for a good comparison. Although, to be fair, it is still frequently criticised as ‘‘soft on crime’‘.
-First degree murder falls under a number of categories. In many cases, the police and prosecutors do not even have to prove intent. Section 231 defines first and second degree murder, and under cc 231(5)(b) (sexual assault), cc 231(5)(c) (sexual assault with a weapon), 231(5)(d) (aggravated sexual assault), and cc 231(5)(e) (kidnapping and forcible confinement), the trio would face 1st degree for either one of those circumstances. The penalty is an automatic life sentence, with no chance of parole for 25 years. No spontaneous declarations for defendants, lying on the witness stand is not allowed, no automatic appeals.
-There are a number of laws, including those enshrined in the Canadian Charter of Rights and Freedoms to ensure fair criminal proceedings.
-Public Mischief (cc 140), is usually an indictable (felony) offence, and it is when someone falsely accuses another of committing a crime, does does something to divert attention from their own crime, or falsely reports someone has died. Punishment can be up to 5 years. In Italy, it is called ‘‘calunnia’‘. It is something Knox has been convicted of, and others, including Sollecito, remain accused of.
-Perjury (cc 131), is lying under oath, or in judicial proceedings, or falsely making sworn statements. It is an indictable (felony) offence. Punishment can be up 14 years in prison. Unlike in Italy, defendants CANNOT do it at their own trials. Knox, Edda Mellas, Sollecito, and Guede, could all have been charged.
2. Some Background On The Case
Amanda Knox, Raffaele Sollecito, and (at the time Lumumba), were arrest November 6th, 2007, for the sexual assault and murder of Meredith Kercher. They went before Judge Claudia Matteini, who saw enough probable cause to detain the 3 of them. Lumumba was cleared and released a few weeks later, and Rudy Guede implicated instead. See this post. Judge Matteini, even without complete information was able to see enough cause for concern to keep them detained.
Knox and Sollecito tried to have the Italian Supreme Court (Cassation), overturn those decisions, but Italy’s High Court found that the decisions to keep AK and RS in prison, and away from house arrest. Psychologically tested earlier, the results were disturbing enough to keep the paired detained until trial. See here. Also see here.
In 2008, Judge Paolo Micheli presided over Rudy Guede’s ‘‘short form’’ trial. Guede was found guilty, and given 30 years, the maximum allowed under the ‘‘short-form trial’’ rules Judge Micheli also ruled there was enough evidence to send Knox and Sollecito to trial, as Guede’s accomplices. Guede was denied house arrest prior to trial, and has been in custody ever since his arrest in late November 2007, and was denied day release recently.
The 2009 trial of Knox and Sollecito took almost the entire year of 2009, and was presided over by Judge Giancarlo Massei. In December, the Massei Court found AK and RS guilty. The pair received 24 years for murder with sexual violence, an additional year for staging a crime scene and transporting a knife, and Knox one more year for her false accusation of Patrick. The sentence was originally 30 years for murder, transport and staging, but 5 years were cut off for ‘‘mitigating factors’‘. While AK and RS lawyers planned to appeal, the Court found no reason to let them out prior to the appeal.
The unintended consequence of the 24 years for the murder (with sexual violence), is that Guede, who took the short form trial, ended up receiving 1/3 less than AK and RS, effectively cutting his sentence in half, from 30 years to 16.
The appeal of AK and RS in 2011, before Judge Claudio Hellmann stunned Italy. Hellmann acquitted the pair on appeal, despite the following:
-He said in his ruling, the truth may very well be otherwise
-His report only added confusion, it did not help clarify anything
-Knox still had outstanding charges for falsely accusing police officers of assault
-The appeal effectively was a new trial, but only with the defence presenting
-He said Knox’s false accusation was due to duress, not malicious intent—and then INCREASED her calunnia sentence
-The defence had cherry-picked a few pieces of evidence, but left huge amounts unchallenged
-Rudy Guede was apparently a total liar, EXCEPT for the time of death
Knox and Sollecito were released, and AK immediately returned to the U.S. Sollecito stayed in Italy. However, the Supreme Court annulled Hellmann’s ruling in March 2013. See here.
A new appeal was to be held in Florence, the fall of 2013.
Knox refused to attend.
AK did, however, send an email to Appeal Court Judge Nencini, which repeats many of the false accusations. See here.
She claimed, among other things, financial hardship, despite receiveing a $3.8 million book deal with HarperCollins. See here.
Although refusing to return to Italy, AK has repeated tried to contact the Kercher family, and creepily demanded to visit Meredith’s grave. RS has also admitted to trying to contact the Kerchers, and claimed he has visited the grave.
And Knox lets this bombshell out See here.
Sollecito also received a book deal, from Simon and Schuster, and it also stunk of blood money, just like Knox’s. See here.
Sollecito attended sporadically, visiting the Dominican Republic in between court dates, and apparently shopping for an American bride to help him get around extradition. See here.
January 30th, 2014, the date Nencini confirmed the Massei conviction, RS was caught near the Austrian border. He denies he was trying to flee, but still had his passport confiscated, and was barred from leaving Italy. Judge Nencini was also not the least bit amused by the goings on of the FOA See here.
And of course, the defence, in the spirit of fairness and sportsmanship, pulls this stunt: See here.
AK, on the other hand, hit the talk shows, fake-crying about how scared she is, and how she’ll remain a fugitive if necessary.
3. Canadian Law on Bail
Section 11 of the Canadian Charter of Rights and Freedoms deals with criminal matters and procedures
11. Any person charged with an offence has the right
(a) to be informed without unreasonable delay of the specific offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(e) not to be denied reasonable bail without just cause;
(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
Marginal note:Treatment or punishment
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
Section 11(e) refers to the topic of bail, and states that reasonable bail should not be denied without just cause
Actually getting to trial can take a long time. Depending on the nature of the offence(s) charged, it may or may not be in the public interest. Canada actually has pretty strict requirements about how soon an accused must be brought for a bail review.
In fact, the police don’t have to take the person into custody. There is discretion to charge the person, and then release him/her on a promise to appear. Here is a direct quote from cc 503(2), dealing with conditional release.
(2) If a peace officer or an officer in charge is satisfied that a person described in subsection (1) should be released from custody conditionally, the officer may, unless the person is detained in custody for an offence mentioned in section 522, release that person on the person’s giving a promise to appear or entering into a recognizance in accordance with paragraphs 498(1)(b) to (d) and subsection (2.1).
Here is a quote from a practicing Toronto lawyer on why you would be denied bail. See here.
Why would I be denied bail?
Detention is justified only if deemed necessary on one or more of the following grounds:
to ensure that you attend court; e.g., if you have a history of failing to attend court or abide by other court orders
to protect the public; e.g., you could be detained if you have a criminal record for similar offences; in the case of an assault or threatening charge, a history of violence against the same complainant works in favor of detention
to maintain confidence in the administration of justice; the court will consider the apparent strength of the prosecution’s case, the gravity of the offence, the circumstances surrounding its commission and the potential for a lengthy jail term
Normally, police or prosecutors have to justify why a person should remain locked up. There are however, circumstances in which the accused has the ‘’‘reverse onus’‘. In other words, circumstances which the person has to justify why he or she should be released. These include circumstances like being released (while accused) of a similar offence, and certain gun, drug and gang offences.
4. Contacting Victims or Their Families
This is a quote directly from section cc 515(2) of the Canadian Criminal Code:
(2.1) In addition to the conditions referred to in subsection (2), the peace officer or officer in charge may, in order to release the person, require the person to enter into an undertaking in Form 11.1 in which the person undertakes to do one or more of the following things:
(a) to remain within a territorial jurisdiction specified in the undertaking;
(b) to notify the peace officer or another person mentioned in the undertaking of any change in his or her address, employment or occupation;
(c) to abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the undertaking, or from going to a place specified in the undertaking, except in accordance with the conditions specified in the undertaking;
(d) to deposit the person’s passport with the peace officer or other person mentioned in the undertaking;
(e) to abstain from possessing a firearm and to surrender any firearm in the possession of the person and any authorization, licence or registration certificate or other document enabling that person to acquire or possess a firearm;
(f) to report at the times specified in the undertaking to a peace officer or other person designated in the undertaking;
(g) to abstain from
(i) the consumption of alcohol or other intoxicating substances, or
(ii) the consumption of drugs except in accordance with a medical prescription; or
(h) to comply with any other condition specified in the undertaking that the peace officer or officer in charge considers necessary to ensure the safety and security of any victim of or witness to the offence.
Clause (c) specifically states to avoid communicating directly or indirectly with any victim or witness in the case. This would obviously extend to avoid any contact with the Kercher family. Also, it would include having friends and family attempt to contact a witness or victim. This prohibition extends to telephone calls or emails, everything from asking for a private meeting, to asking to visit your alleged victim’s grave. This would also seem to violate clause (h), which is to ensure the safety and security of any victim or witness. There are reasons for this.
1) To avoid any possible threats or intimidation, which would cause the integrity of the system to be questioned
2) To avoid any type of underhanded tactic, such as appealing for mercy, underneath the court
3) To promote fairness in the trial process.
5. Harassing and Stalking of Victims
This is a quote directly from section cc 264 of the Canadian Criminal Code:
264. (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
Marginal note:Prohibited conduct
(2) The conduct mentioned in subsection (1) consists of
(a) repeatedly following from place to place the other person or anyone known to them;
(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d) engaging in threatening conduct directed at the other person or any member of their family.
(3) Every person who contravenes this section is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.
Marginal note:Factors to be considered
(4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened
(a) the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or
Not only would it be a cc 215(2)2.1(c) of the criminal code, which refers to conduct while released on an undertaking, harassment and stalking themselves are serious crimes. Note that cc 264(4) considers it to be an aggravating factor if this harassing occurred while the subject was under a court order not to contact the person anyway. In any Canadian proceedings, defendants would be barred from contacting family members of the victim, as well as the actual victim.
It is reasonable to assume that the Kerchers want nothing to do with Knox. After all, this woman allegedly sexually assaulted and stabbed to death their daughter/sister, and then made a mockery of the court process, all while pretending to be the victim. Yet Knox has repeatedly tried to make contact with them.
A court sketch, common in media back in pre-camera days
6. Contempt of Court
This is a quote directly from section cc 708 of the Canadian Criminal Code:
708. (1) A person who, being required by law to attend or remain in attendance for the purpose of giving evidence, fails, without lawful excuse, to attend or remain in attendance accordingly is guilty of contempt of court.
(2) A court, judge, justice or provincial court judge may deal summarily with a person who is guilty of contempt of court under this section and that person is liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding ninety days or to both, and may be ordered to pay the costs that are incident to the service of any process under this Part and to his detention, if any.
(3) A conviction under this section may be in Form 38 and a warrant of committal in respect of a conviction under this section may be in Form 25.
Knox refused to attend her 2013/2014 appeal in Florence, the one she keeps referring to as a ‘‘new trial’‘. This would not be tolerated under Canadian law. Her bail would have been forfeited, and she would have been arrested.
She would have remained in custody for the duration of the appeal. And should the appeal have confirmed her guilt, she would most likely have remained in custody while it was being appealed further.
Skipping out on your criminal proceedings without valid grounds is contempt. Sollecito did it as well when he took a vacation in the Dominican Republic. Not only is it disrespectful, but it shows a lack of maturity.
Also note, from c.c. 515(2)2.1 of the Criminal Code—see section on harassing—these actions certainly would have violated clause (a), which is to remain in the jurisdiction while the proceedings are ongoing.
7. Cashing in on the Notoriety of a Crime (Son of Sam laws)
In September 2012, Simon & Schuster released Sollecito’s book, ‘‘Honor Bound: My Journey to Hell and Back With Amanda Knox’‘. In May 2013, HarperCollins released Knox’s book ‘‘Waiting to be Heard’‘.
What was particularly disturbing was that both Knox and Sollecito were still accused of murder when these books came out. Knox was in the worse situation, as it came after the March 2013 Cassation ruling, which confirmed her calunnia against Patrick Lumumba, and annulled Judge Hellmann’s appeal acquittal. However, since Cassation left the Massei trial verdict intact, their legal status was ‘‘guilty, pending further appeals’‘.
Setting aside the sheer idiocy of releasing a book while still accused, it is still illegal to do. Right now, Canadian provinces seem to be writing their own laws. Here are 4 of them.
This is from the website, Victimsofviolence.on.ca See here.
The Province of Alberta: See here.
The Province of Saskatchewan: See here.
The Province of Ontario: See here.
The Province of Nova Scotia: See here.
The provinces do have some small differences in the laws, but the point to be taken here is that you can’t cash in on the notoriety of your crime. In America, this is referred to the ‘‘Son of Sam Laws’’ after serial killer David Berkowitz, who called himself the Son-of-Sam.
8. Laundering the Proceeds of Crime
This is a quote directly from section cc 462.31 of the Canadian Criminal Code:
Laundering proceeds of crime
462.31 (1) Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of
(a) the commission in Canada of a designated offence; or
(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.
(2) Every one who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under subsection (1) if the peace officer or person does any of the things mentioned in that subsection for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.
Raffaele Sollecito and Andrew Gumbel wrote ‘‘Honor Bound’’ (although they now blame each other). Amanda Knox wrote ‘‘Waiting to be Heard’‘, which was ghostwritten by Linda Kuhlman. Knox claims that she used her $3.8 million advance (less the taxes), to pay her lawyers, and her family.
The problem is that the books themselves are bloodmoney, cashing in on a crime they committed. That is illegal to do. The million dollar advances were (if Knox is truthful here), essentially converted into legal payments for her lawyers, and to her family.
Unless Knox’s family really did spend a million or more to visit her, the money Amanda claims went to them could be seen as ‘‘gifts’’ or ways to hold onto such funds. Even if the Knoxes/Mellas did spend that much money, Amanda is paying those debts off with illegally obtained money.
Sollecito has not been nearly as open about where his book advance went (rumoured to be $950,000). However, he would have the same legal issues facing him as Knox.
9. Prostitution and Soliciting of Prostitution
This is a quote directly from section cc 213 of the Canadian Criminal Code:
Offences in Relation to Offering, Providing or Obtaining Sexual Services for Consideration
Marginal note:Stopping or impeding traffic
213. (1) Everyone is guilty of an offence punishable on summary conviction who, in a public place or in any place open to public view, for the purpose of offering, providing or obtaining sexual services for consideration,
(a) stops or attempts to stop any motor vehicle; or
(b) impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place.
(c) [Repealed, 2014, c. 25, s. 15]
Marginal note:Communicating to provide sexual services for consideration
(1.1) Everyone is guilty of an offence punishable on summary conviction who communicates with any person — for the purpose of offering or providing sexual services for consideration — in a public place, or in any place open to public view, that is or is next to a school ground, playground or daycare centre.
Definition of “public place”
(2) In this section, “public place” includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.
R.S., 1985, c. C-46, s. 213; R.S., 1985, c. 51 (1st Supp.), s. 1; 2014, c. 25, s. 15.
In Canada, the prostitution laws are constantly being challenged. Due to lobbying efforts, the punishments are actually becoming much harsher for soliciting than for providing.
Knox met Federico Martini (the man she calls ‘‘Cristiano’’ in her book), on a train in Italy. She had been providing sex, and getting drugs, and it kept happening up to the night she was arrested. It had been known for years in Italy, but only released to the American media in the summer of 2014.
The thing is: this would actually be considered prostitution. It doesn’t matter if he offered cash, or a bag of coke. Martini, the client (a.k.a the John), was providing material goods in return for sex. In Canada, legally speaking , Amanda Knox was prostituting herself (a.k.a. hooking).
10. Fraud Over $5,000
This is a quote directly from section cc 380 of the Canadian Criminal Code:
380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars.
Marginal note:Minimum punishment
(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1), the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.
Knox wrote her book ‘‘Waiting to be Heard’’ for a reported $3.8 million. Sollecito (or was it Gumbel?) wrote ‘‘Honor Bound’’ for a reported nearly $1 million. Problem here, is that both of these book deals were obtained under false pretences.
Due to the spike in publicity of white-collar crime, the Canadian government imposed a 2 year minimum jail term for fraud that exceeds one million dollars. Considering that the books are fake, the payoff (at least for Knox), exceeds that amount, she would be facing at least 2 years for that.
Also, I have no idea how much money Knox or Sollecito have raised via their websites, or Twitter accounts, or via PayPal. But they could face additional charges of either fraud over $5,000, or fraud UNDER $5,000, which carries lower maximum.
11. Carrying a Concealed Weapon
This is a quote directly from section cc 88 of the Canadian Criminal Code:
Possession of weapon for dangerous purpose
88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
It was one of the charges Knox and Sollecito faced. Guess what? Can’t do it here either
12. Fabricating Evidence
This is a quote directly from section cc 137 of the Canadian Criminal Code:
137. Every one who, with intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding, existing or proposed, by any means other than perjury or incitement to perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 125.
Knox and Sollecito were alleged to have staged the crime scene at the house to make to look like someone had broken in through Filomena’s window, ransacked the place, killed Meredith during a bungled robbery, then fled. The Courts (Micheli, Massei, Nencini, 2 Cassation panels), also believed that Knox and Sollecito had attempted—albeit unsuccessfully—to selectively clean the house, making it look like Rudy Guede was the sole killer.
Knox was a resident in the upstairs part of the house, and therefore had a reason to make it look like an outsider did it. If there were no obvious signs of a burglar, the police would immediately zero in on the other 3 women who lived in the house.
13. Jurors Speaking out During (or After) Criminal Proceedings
Quoted directly from the Canadian Criminal Code:
Disclosure of jury proceedings
649. Every member of a jury, and every person providing technical, personal, interpretative or other support services to a juror with a physical disability, who, except for the purposes of
(a) an investigation of an alleged offence under subsection 139(2) in relation to a juror, or
(b) giving evidence in criminal proceedings in relation to such an offence,
discloses any information relating to the proceedings of the jury when it was absent from the courtroom that was not subsequently disclosed in open court is guilty of an offence punishable on summary conviction.
The secrecy that jurors are sworn to survives even after the trial. In the case of Ms. Ballerini talking to the media about the 2013/2014 Florence appeal just before the March 2015 Cassation ruling, it would not be allowed here either. Financial need would not be considered an acceptable defence.
While summary offences carry a maximum of 2 years in prison, in reality, jurors would not see the inside of a cell. A fine and/or probation would be much more likely.
14. Canadian Law on Extradition
Amanda Knox has made it known publicly (and idiotically) that she will never return to Italy, even if it means remaining a fugitive. She claimed that she skipped her last appeal out of fear of a wrongful conviction, even though she claimed she had faith in the Italian Courts. Yes, she’s a hypocrite. Well, Italy does request extradition of convicted criminals, which is what Knox is (pending confirmation by Cassation).
Amusingly, she claims again to have faith in the Supreme Court, while remaining in the U.S. out of fear.
However, many countries extradite both suspected and convicted criminals. Knox’s situation is even weaker, as she will not only be ‘‘convicted’‘, but will be ‘‘convicted, with all appeals exhausted.’’ Considering she has not attended court once since Hellmann released her (she missed Cassation 1, Nencini, Cassation 2), she is not likely to garner much sympathy.
Canada both requests and complies with requests for extradition.
There are a few exceptions however:
(a) Canada generally refuses to extradite if they death penalty is sought
(b) Canada generally refuses to extradite if the person faces inhumane treatment at home.
Note: This article was originally submitted just prior to the Cassation hearing. We will see what happens now.
Note: Almost all options to block extradition are not available if the person has received a sentence of at least 6 months. (This was 2 years, but recently lowered). Knox’s 28.5 years is definitely above that threshold. See section 3 of the Extradition Act, and note 3(3) in particular.
Marginal note:General principle
3. (1) A person may be extradited from Canada in accordance with this Act and a relevant extradition agreement on the request of an extradition partner for the purpose of prosecuting the person or imposing a sentence on — or enforcing a sentence imposed on — the person if
(a) subject to a relevant extradition agreement, the offence in respect of which the extradition is requested is punishable by the extradition partner, by imprisoning or otherwise depriving the person of their liberty for a maximum term of two years or more, or by a more severe punishment; and
(b) the conduct of the person, had it occurred in Canada, would have constituted an offence that is punishable in Canada,
(i) in the case of a request based on a specific agreement, by imprisonment for a maximum term of five years or more, or by a more severe punishment, and
(ii) in any other case, by imprisonment for a maximum term of two years or more, or by a more severe punishment, subject to a relevant extradition agreement.
Marginal note:Conduct determinative
(2) For greater certainty, it is not relevant whether the conduct referred to in subsection (1) is named, defined or characterized by the extradition partner in the same way as it is in Canada.
Marginal note:Extradition of a person who has been sentenced
(3) Subject to a relevant extradition agreement, the extradition of a person who has been sentenced to imprisonment or another deprivation of liberty may only be granted if the portion of the term remaining is at least six months long or a more severe punishment remains to be carried out.
15. What Was Allowed In Italy But Would Not Be In Canada?
Here is a section copied directly from the Law Society of Upper Canada’s website. This is the regulatory body with licences and is able to remove lawyers in the province of Ontario. It covers the relationship between lawyers and the administration of justice.
[Amended – October 2014]
5.1-2 When acting as an advocate, a lawyer shall not
(a) abuse the process of the tribunal by instituting or prosecuting proceedings which, although legal in themselves, are clearly motivated by malice on the part of the client and are brought solely for the purpose of injuring the other party,
(b) knowingly assist or permit the client to do anything that the lawyer considers to be dishonest or dishonourable,
(c) appear before a judicial officer when the lawyer, the lawyer’s associates or the client have business or personal relationships with the officer that give rise to or might reasonably appear to give rise to pressure, influence, or inducement affecting the impartiality of the officer, unless all parties consent and it is in the interests of justice,
(d) endeavour or allow anyone else to endeavour, directly or indirectly, to influence the decision or action of a tribunal or any of its officials in any case or matter by any means other than open persuasion as an advocate,
(e) knowingly attempt to deceive a tribunal or influence the course of justice by offering false evidence, misstating facts or law, presenting or relying upon a false or deceptive affidavit, suppressing what ought to be disclosed, or otherwise assisting in any fraud, crime, or illegal conduct,
(f) knowingly misstate the contents of a document, the testimony of a witness, the substance of an argument, or the provisions of a statute or like authority,
(g) knowingly assert as true a fact when its truth cannot reasonably be supported by the evidence or as a matter of which notice may be taken by the tribunal,
(h) make suggestions to a witness recklessly or knowing them to be false;
(i) deliberately refrain from informing the tribunal of any binding authority that the lawyer considers to be directly on point and that has not been mentioned by an opponent,
(j) improperly dissuade a witness from giving evidence or advise a witness to be absent,
(k) knowingly permit a witness or party to be presented in a false or misleading way or to impersonate another,
(l) knowingly misrepresent the client’s position in the litigation or the issues to be determined in the litigation;
(m) needlessly abuse, hector, or harass a witness,
(n) when representing a complainant or potential complainant, attempt to gain a benefit for the complainant by threatening the laying of a criminal charge or by offering to seek or to procure the withdrawal of a criminal charge,
(o) needlessly inconvenience a witness; or
(p) appear before a court or tribunal while under the influence of alcohol or a drug. [Amended – October 2014]
The problem here, is although there are rules of conduct, the rules of conduct also state that lawyers must take every avenue available to help out their clients. So, it seems that the line between zealous advocacy and professional misconduct gets rather blurry. While not necessarily criminal offences, these things would throw the law into disrespute, and could cause problems for lawyers. Cases in point:
i) After the Florence Appeals Court ruled against Knox and Sollecito in January 2014, defense lawyer Guilia Bongiorno tried to have Judge Nencini disciplined for making some rather innocuous remarks to reporters. This was baseless and vindictive. If you lose an appeal, you don’t maliciously try to take down the lead judge. It is a clear violation of clause (a).
ii) Judge Hellmann was installed as lead judge for Knox and Sollecito’s original first appeal. Hellmann was a business judge, and the much more qualified Judge Chairi was forced off the case. There was no legitimate reason for doing this—Hellmann was there as the result of ‘‘judge-shopping’‘. He then proceeded to make a complete mess of that appeal, so much so that Cassation completely annulled it in March 2013. Putting him on the bench in this case is a conflict of interest and violation of clause (c)
iii) Judge Hellmann also went out of his way to twist and distort much of what the prosectors had presented in the 2009 trial, including witness testimony and evidence. Few believe this was accidental. If intentional, it would be violations of clause (d),allowing influence other than as an advocate; and clause (f), distorting evidence and testimony.
iv) Judge Hellmann dragged out the appeal by holding it only a few times each month, which caused enormous burdens on both prosecutors, and the Kercher family. Not only is this rude, it could be seen as a violation of clause (o).
v) Knox’s lawyers, Luciano Ghirga and Carlos Dalla Vedova allowed Knox to make many accusations on the witness stand in June 2009. Among the most serious is Knox’s claim she was physically assualted November 5th/6th. Ghirga himself had said publicly Knox wasn’t hit. These lawyers also passed along Knox’s false email to Judge Nencini, and Vedova filed a bogus claim to the European Court of Human Rights. This is knowingly letting Knox do dishonest things, and repeated violations of clause (b).
vi) Knox and Sollecito’s defence has been shown to be relying many times on false facts and pretences. Although lawyers are obligated to defend their clients, deep down they have to know that the defences they are making is true. These are violations of clause (e), but are prime examples of duty to the court directly conflicting with duty to the clients.
vii) Ted Simon, Knox’s now (absent) U.S. lawyer, has changed his tune. He spoke out publicly in 2008 saying that there actually was a strong case against Knox (motive notwithstanding). However, when he came on board, he ‘‘adjusted’’ his views, and now claims that there is no evidence, never was, and never will be. Although not present at the trial or appeals, Simon has made claims that he himself knows to be false, violating clause (g).
viii) Bob Barnett helped Knox land her book deal with HarperCollins, even though proceedings were still underway, knowing that Knox made false claims, knowing that Knox had been convicted of making false accusations, and knowing that Son-of-Sam laws prohibited such actions. He helped Knox do something dishonourable, violating clause (b). Or, if Mr. Barnett didn’t know, then he is far too incompetent to be a lawyer.
While lawyers are obligated to advocate on behalf of their client, the line seems rather fuzzy as to what actually constitutes ‘‘advocacy’’ and what constitutes ‘‘misconduct’‘. I believe the examples above are all professional misconduct. They were done with the intention of helping AK/RS, but step far, FAR over the line. While this is quoted from the Ontario site, other Provincial and Territorial Law Societies have very similar rules.
16. Where This Series Is Headed Next:
This concludes the part of Canadian laws that would have applied to Knox, Sollecito and Guede, had they committed the crime here. #9, which Knox bragged about to her friends, wrote about in her book, and told to police, would be considered prostitution, when you realize she got drugs for it. And #13 was added after the juror from the Florence appeal, Genny Ballerini, decided to talk to the media. All of the crimes listed in the first 3 parts are all crimes under Italian law, even if they are called something different. These 3 parts were kind of a Canada v.s. Italy perspective.
The next pieces will cover other common law nations, and contrast their varying decisions. Peter suggested giving an even wider context for crime and punishment across the globe. The final piece will be some loose ends, and requests for content are encouraged. If there is a topic I missed, or something that needs more depth, ask.
1st post appears here: An Overview.
2nd post appears here: Public Mischief and Perjury
3rd post appears here: Bail, Extradition & Other Crimes
4th post coming soon: Canada v.s. the U.S.A.
5th post coming soon: Canada and our Family
6th post coming soon: Loose Ends, and Reader Request
Permalink for this post • Tell-a-Friend • Case Wiki • PMF Org Forum • PMF Net Forum • Comments here (4)
Thursday, April 23, 2015
The Knox Interrogation Hoax #18: The Final Pre-Trial Opportunities Which Knox Flunked
Posted by The TJMK Main Posters
1. Overview Of The Interrogation Hoax Series
In Post #1 there is a summary of what various courts concluded in sentencing Knox for calunnia
The 17 posts prior to this one are also listed. The first twelve posts cover the key parts of the trial testimony and evidence from investigators for the events at Perugia’s central police station on 5-6 November 2007.
2. The Six Pre-Trial Opportunities Which Knox Flunked
The previous five posts and this one cover the six hearings from late 2007 to late 2008, any one of which was a big opportunity for Knox. She could have been released if the evidence was weaker and the arguments of herself and her legal team stronger.
Knox blew all six opportunities. The judges were Claudia Matteini, Massimo Ricciarelli and two others, Torquato Gemelli and four others, and Paolo Micheli (this post). A total of 10 judges, and Dr Mignini. After the first two, one of Knox’s lawyers walked off the job.
Those ignorant of the reports of these hearings (all but one newly translated for this series with the Micheli to come) often demonize the prosecutor, Dr Mignini, as somehow taking a harder line than all those judges.
Read all of the reports and in fact every one of those judges took a harder line than Dr Mignini who worked very hard to be fair. His early version of the attack on Meredith was of an almost accidental death with sexual humiliation in the course of a hazing.
This went out the window, and all of the judges without exception adopted a harder position - that Knox’s anger had spiraled over Meredith’s difficulties with her, and a barbaric 15-minute torture-attack resulted in Meredith’s death which may have been premeditated in a timespan between minutes and days.
Judge Matteini, Judge Ricciarelli, and Judge Micheli (see below) all flat-out warned that they considered RS and AK to be dangerous to others and that they needed to be kept locked up pending trial. Judge Gemmelli and other Supreme Court judges endorsed this.
Typically Knox was constrained by her lawyers to say little or nothing.
They were already wrestling to try to wind back the three problematic statements she demanded to make on 5-6 November - mainly by changing the subject and aggressively attacking Guede.
She was allowed to be questioned by Judge Ricciarelli and she herself volunteered to be questioned by Dr Mignini three times, but her performances were shaky and erratic and once she seemed to break down in tears.
There was little or no hint of the inflammatory claims which cost her three years which Knox came up with when she had to take the stand mid-2009 to try to defend her framing of Lumumba.
3. Micheli Hearings September and October 2008
This Sky News report describes how prior to the Micheli hearings Knox’s lawyers seemed pretty desperate to change the subject.
Valter Biscotti and Nicodemo Gentile said they wanted Guede’s trial to be separate from that of Knox and Sollecito because they feared a pact against their client. Mr Biscotti added: “We feel the urgent need to have our trial heard independently of the other two suspects.
In recent weeks a lot of poison has been spread by the defence teams and we feel the necessity to find some form of serenity in a separate hearing. That’s why we have asked for a fast-track hearing just for our client and we want that hearing as quickly as possible. At this hearing we will prove that our client has absolutely nothing to do with the tragic death of Meredith Kercher.”
On 16 Sept 2008 Judge Micheli accepted the Guede team’s request for a fast-track trial and as the rules require moved all of the hearings behind closed doors.
A fast-track proceeding is closed to the public, unlike a full trial. It will be held before the same judge, who is expected to issue the verdict at the time he decides whether to indict Knox and Sollecito. The rulings are expected next month.
Judge Micheli had mountains of investigative reports and physical evidence to plow through. He heard witnesses in four hearings (with Meredith’s family present at several) on the DNA collection, on the character of Rudy Guede, and also on the three defendants acting menacing outside their house, which he heavily discounted.
Late on 28 October Judge Micheli issued a 17-page ruling which includes almost no mention of Knox implicating Patrick. He convicted Guede of murder and sexual assault, and sentenced him to 30 years. He also ordered Knox and Sollecito to stand trial on charges of murder and sexual assault.
As the UK Guardian and many other media reported, Judge Micheli assessed Knox and Sollecito as being dangerous.
The suspected killers of Meredith Kercher were refused transfer from jail to house arrest last night while awaiting trial for her murder, because of the danger that they might flee and kill again.
After 12 hours’ deliberation in Perugia, the judge, Paolo Micheli, said there was a “concrete possibility” that Amanda Knox and her boyfriend Raffaele Sollecito would run off if freed from prison.
In a written ruling to lawyers, he said he believed the murder of the British student was not premeditated, but the likely “absolute disregard” shown by Knox and Sollecito for the victim’s life meant they would be capable of murdering again….
Turning down their request for house arrest yesterday, Micheli agreed with prosecutors that more than one person took part in the sexual assault and murder, dismissing claims that the 47 bruises and knife wounds on Kercher’s body could have been made by a single attacker.
He upheld the testimony of a neighbour who heard more than one person fleeing Kercher’s house, adding that while footprints there might not definitely belong to Knox and Sollecito, they did indicate more than one attacker.
He stood by forensic evidence indicating Kercher’s and Knox’s DNA on a knife found at Sollecito’s house which investigators suspect is the murder weapon, and ruled Sollecito’s DNA on Kercher’s bra strap as reliable evidence.
On 30 October Judge Micheli was interviewed. No sign in this that any claim of unfairness to Knox was on his radar.
4. Apparent False Claim Of A Statement By Knox
Bearing in mind that these hearings were all behind closed doors, none of the Italian and English-language media reports including those of the New York Times make any mention at all of Knox testifying or answering questions. Nor do the books of Sollecito or John Follain. We are still checking with Italy to make sure.
To jump the gun on the series a bit, a probable non-statement by Knox morphed in Knox’s 2013 book into this heated claim below, which we have already been told, based on court transcripts and Judge Micheli’s immediate 17 page report, was definitely not what was said, if anything, in court.
On October 28, the final day, I got to speak for myself. Since the judge understood English, I stood up without my interpreter and tried to explain what had happened during my interrogation. I told the judge that I hadn’t meant to name Patrick or to cause confusion but that the interrogation had been the most brutish, terrifying experience of my life. I’d been exhausted to begin with, and I had gotten so scared and confused that it was as though I went out of my mind. My interrogators told me that they had evidence I’d been at the villa, that Raffaele was no longer vouching for my whereabouts that night, that I had been through such a horrible trauma, I had amnesia. “I believed them! I’m innocent!” I cried.
Posts #1 to #12 have shown that Knox experienced no “brutish, terrifying experience”. Trauma was inflicted only by Sollecito and then by Knox on herself. With high confidence, we can conclude that as so often in her book Knox was simply making this up. So much for Linda Kulman’s fact checking.
5. The Micheli Sentencing Report Of January 2009
Finally three months later Judge Micheli issued a sentencing report of about 100 pages. While it has still not been fully translated we did summarise it in four posts here.
In the Italian original (which is equally firm to harsh on all three defendants) it is quite graphic about what the physical evidence says of the callous role of Knox and Sollecito in the torture-attack.
Judge Micheli does note how often Knox and Sollecito help to destroy one another’s stories which numerous witnesses confirmed helped to spark Knox’s conniption and framing of Patrick.
There is no mention at all of Knox taking exception to her “interrogation”.
Archived in The former defendants, Amanda Knox, Officially involved, Police and CSI, The prosecutors, Supreme Court, Public evidence, Knox's alibis, Trials 2008 & 2009, Prelim hearings, Diversion efforts, The Knox-Mellases, Knox's book, The many hoaxes, The Dr Mignini hoax, Knox interrog. hoax
Permalink for this post • Tell-a-Friend • Case Wiki • PMF Org Forum • PMF Net Forum • Comments here (26)
Tuesday, April 21, 2015
The Certainties And Open Questions In The Amanda Knox Trial Starting In Florence On 9 June
Posted by The TJMK Main Posters
1. A Bizarre Crime
What Knox will soon be on trial for is one of the most bizarre crimes conceivable.
If you followed all the links in the post directly below this (with more to come soon) you will see that the evidence is overwhelming that Knox maliciously and self-servingly invented the Interrogation Hoax of 5-6 November 2007 for very little likelihood of benefit and with massive damage done to good people and the proud image of Italy.
So what does Knox do? Learn anything? No. She serves three years for framing Patrick - and comes right out of prison to repeat more or less the self-same crime but this time on steroids. Passages in her book and claims in interviews were almost hysterically insistent, and the email she sent to Judge Nencini in December 2013 even more-so. In that email she actually ranted on about torture.
And dozens of others in the US picked up on the false claims and, as Steve Moore and John Douglas and Bruce Fischer did, heavily embellished them. What Knox was convicted for is still right there on a dozen YouTubes all “helpfully” uploaded by Bruce Fischer.
Some few in Italy might have been undecided a month ago whether Sollecito was really there when Meredith was murdered. But nobody at all in Italy likes the dangerous and inflammatory campaign Knox has spearheaded.
This really could be Knox’s OJ Simpson moment. This time she could face as much as six years, and the US would seem to have zero grounds to resist extradition.
And as Knox was finally confirmed as sentenced for calunnia to the detriment of Lumumba by Cassation in 2013, left unaffacted by Cassation in 2015, Knox can no longer make any claim to have been induced to do so by the police and prosecution.
If she has a viable defense nobody, repeat nobody, right now seems able to imagine it.
2. The Certainties
The trial will begin on 9 June in the Florence courthouse in front of Judge Anna Liguori. The lead prosecutor will be Dr Giuliano Giambartolomei who is also the chief prosecutor in the Sollecito & Gumbel book trial which convenes next on 30 April.
While charges in the Sollecito & Gumbel trial are for diffamazione and vilipendio (slander of officials and of the system) the anticipated charges in the Knox case are for the more serious crime of calunnia (for accusing justice officials of crimes in court).
For a very good reason, diffamazione and vilipendio and especially calunnia are taken more seriously in Italy than equivalent contempts in some other systems.
This is because of a long-running (if declining) tendency for “connected” defendants to try to take the justice system down a peg in the hope of an unfair break in trials they or their unsavory buddies are in the midst of.
3. The Open Questions
The Knox book and email to Judge Nencini and TV claims cannot be a part of a calunnia case but certainly can be used as evidence of Knox’s disingenuousness and malice. To what extent this will happen is not clear yet, but signs are a lot of online evidence on these lines is being captured.
Nor is it clear yet who will represent Knox. Possibly Ghirga and Dalla Vedova, but they may not be the “best” team for her as they are credited in Knox’s book for its content and they handed over as a court document the inflammatory Knox email to Judge Nencini. (Remember, Sollecito is not being defended in his trial by Bongiorno or Maori.)
Nor is it clear yet what line Knox’s defense may take. It is quite out of the question that she again simply repeats the claims that already cost her three years signed off on twice by Cassation. If Sollecito seems seriously stuck for a defense, Knox seems even more-so.
Nor is it clear yet if the defense team will make an immediate bid to Cassation for dismissal. The Fifth Chambers which overturned the murder conviction is already deeply entangled and under scrutiny, and judges there may already be wondering if they have committed career suicide to very little real benefit for anyone.
Also it is not clear yet how this will impact the pending trial of Curt Knox and Edda Mellas for diffamazione for repeating as gospel Knox’s false claims to a British reporter, and we dont know how this will impact Oggi’s trial for enthusiastically publishing some of Knox’s false claims.
It is not clear yet how the Knox PR (if it is still active) or the pro-Knox opportunists or the highly confused US media will handle this - but to repeat as gospel any of Knox’s claims could from now on be legally radioactive.
it is not clear yet how the Obama Administration will (if at all) react to this. Whether there will again be covert intervention, or whether they will finally concede that Italy did get it right and crimes should be paid for and not given a free pass.
Finally, will Knox again be a no-show in Florence, as she was (against her lawyers best advice) at her own appeal? And if so, will she and her forces again falsely claim that she is being tried in absentia? That wouldnt win her points in Italy.
4. Further Background
Click here: 1. Could The Italian Authorities Be Starting A Wave Of Libel + Slander Investigations?
Click here: 2. Interrogation Hoax: Knox Hearing On Calunnia Charges, Then Trial To Resume June 16
Click here: 3. Calunnia Claims At The Core Of The Problem For Amanda Knox - And Her Parents
Click here: 4. Knox Calunnia Hearing: Amanda Knox Enters Court Via The Underground Entrance
Click here: 5. Another In Seeming Never-Ending Disasters For Hapless Knox Campaign
Click here: 6. A Perugian Media Report (Neutral As Usual) In Italian On Knox’s Calunnia Hearing
Click here: 7. Curt Knox And Edda Mellas Defamation Trial To Go Ahead On July 4
Click here: 8. Umbria’s Chief Prosecutor Will Proceed Against Knox And Sollecito And Also Aviello
Click here: 9. The Curt Knox And Edda Mellas Diffamazione Trial Will Resume In Perugia 30 March.
Click here: 10. False Allegations Against Italian Officialdom Sparking Increasingly Tough Legal Reaction
Click here: 11. An Overview From Italy #2: Current Perceptions In Italy, Sollecito Case, Mignini’s Full Vindication
Click here: 12. With Diffamazione Complaint Against False Claims In Oggi Knox’s Legal Prospects Continue To Slide
Click here: 13. Expected Calunnia And Diffamazione Trials Could Reverse Another Attempt To Take Justice Down A Peg
Click here: 14. Questions For Knox: Did You Undergo An Illegal Interrogation By Mignini Or Did You Try To Frame Him?
Click here: 15. Desperate Ghirga Urges Amanda Knox To Show At Florence Appeal, But She’s Created More Problems
Click here: 16. Pushback Against Mafia Playbook Gathers Speed With Denial Of False Accusation of “Satanic Theory
Click here: 17. Why It Will Be Republic Of Italy v Knox And Sollecito For The Myriad False Claims They Have Made
Click here: 18. False Claims By Amanda Knox & The Book Team May End Up Costing $10 Million
Permalink for this post • Tell-a-Friend • Case Wiki • PMF Org Forum • PMF Net Forum • Comments here (15)
Wednesday, April 15, 2015
Dupe Watch: Professional Hoax Exposer Benjamin Radford Himself Gets Seriously Duped
Posted by Peter Quennell
1. Who Is Benjamin Radford?
Benjamin Radford is the deputy editor of the popular Skeptical Inquirer which has very active Twitter and Facebook presences.
In normal cool-minded mode, he is an effective and useful exposer of hoaxers and dupes and a good entertainer. He himself has seemed fairly impervious to hoaxes. From his website here are his career highlights.
Benjamin Radford is deputy editor of Skeptical Inquirer science magazine and a Research Fellow with the non-profit educational organization the Committee for Skeptical Inquiry. He has written over a thousand articles on a wide variety of topics, including urban legends, the paranormal, critical thinking, and media literacy.
He is author of six books [including]: Hoaxes, Myths, and Manias: Why We Need Critical Thinking; and Media Mythmakers: How Journalists, Activists, and Advertisers Mislead Us; and The Martians Have Landed! A History of Media-Driven Panics and Hoaxes…
Just our kind of guy, right? In this case, so badly needed. Such a huge opportunity for him. And yet…
2. Radford Swallows The Interrogation Hoax
A dozen deliberate PR-inspired hoaxes (there are also others) to the advantage of Knox and Sollecito are taken apart on TJMk under this right-column heading.
Radford would seem to have very fertile territory there. But instead, Radford himself becomes the latest dupe of the Knox Interogation Hoax.
Instead of actually doing any checking, Radford simply quotes one of Knox’s numerous dishonest and easily disprovable accounts which have already cost her three years in prison and the prospect of more court action ahead for her.
This false statement appeared yesterday in an article by Radford on the Discovery Channel website titled NYC Murder Trial: The Problem With Confessions
The Amanda Knox Confession
False confessions can, of course, have serious consequences for the person who wrongly confesses, but can also pose a real threat to innocent people. That’s what happened in the case of Amanda Knox, the American woman arrested for the 2007 murder of student Meredith Kercher in Italy.
After an extended interrogation Knox confessed to police that she was there during the time of the murder. She implicated not only herself but also Patrick Lumumba, the owner of a bar she worked at, saying she was present when Lumumba murdered Kercher and could hear her screams. Lumumba, however, was cleared weeks later when a university professor came forward to report that he was with Lumumba in his bar at the time of the murder.
Knox later claimed that her confession had been false and coerced: “In regards to this ‘confession’ that I made last night, I want to make clear that I’m very doubtful of the verity of my statements because they were made under the pressures of stress, shock and extreme exhaustion. Not only was I told I would be arrested and put in jail for 30 years, but I was also hit in the head when I didn’t remember a fact correctly…. it was under this pressure and after many hours of confusion that my mind came up with these answers.”
Based in part on that confession, Knox was found guilty in 2009 and sentenced to 26 years in prison. Appeals and retrials lasted years, and last month the Italian Supreme Court overturned the previous guilty verdicts, effectively ending the case.
Confessions don’t need to be beaten or tortured out of a person; sometimes they can come after hours of psychological pressure and exhaustion. When someone is put under sustained pressure, they may tell their interrogator whatever they want to hear to make it stop, whether truthful or not.
There was no “hours of psychological pressure and exhaustion”. Nor was there any confession - only a false accusation. In fact (see below) there was not even an interrogation.
And the Supreme Court did not overturn all previous guilty verdicts. That court had no power to overturn the guilty sentence and the three years Knox served for lying about the interrogation, and for falsely blaming Lumumba.
3. Hard Realities Of The Interrogation Hoax
Based on numerous court transcripts (see Part 4 below) this is a TRUTHFUL account of what happened at Perugia’s central police station on 5-6 November 2007.
This sequence led into her arrest and eventually to her three years in prison for calunnia, a sentence confirmed by the Supreme Court - a well-known fact which the avid researcher Benjamin Radford appears to have ignored, misunderstood, or been unaware of.
Prior to the night of 5 November Knox, Sollecito and many others had sat voluntarily with police officers to help them to build a complete picture. None were suspects and none were put through interrogation.
Knox’s claimed hours associated with this questioning included a lot of time spent waiting around - in Knox’s and Sollecito’s cases the hours mounted because they were conspicuoslu eager to be there.
Senior Inspector Rita Ficarra testified that she arrived back at the police station late on 5 November, and finds her way blocked by a cartwheeling Knox.
She rebukes Knox, who testily responds that she is tired of the investigation. Rita Ficarra tells Knox to go home and get some sleep. Knox refuses.
Shortly after, Ficarra suggests to Knox that if she really wants to help, she could add to the list of possible perps - men who Meredith knew and who might have visited the house.
As the defenses acknowledge during their cross-examinations of key investigators present on the night, this was merely a recap/summary, a simple checking of facts with someone who might be helpful which could have been done on a street corner. It was not a witness or suspect interrogation.
Knox eagerly agrees. So they begin on the list.
This goes slowly because of language problems, until an interpreter, Anna Donnino, arrives. In total Knox and four others (three of them women) are present. Knox builds a list of seven people and adds maps and phone numbers (in evidence) in a calm proceeding. These were the names: Peter Svizzero, Patrick, Ardak, Juve, Spiros, Shaki and “a South African [Guede]” who played basketball near the house.
At several points in the evening Knox is provided with refreshments. No voices are ever raised, no bathroom breaks are refused. A number of efforts are made to help Knox to keep calm.
Inspector Napoleoni and a couple of colleagues are seeking facts from Sollecito in a separate wing. Shown conflicts between what he has said and what his phone records show, Sollecito backtracks and declares that Knox made him lie. Knox is gently asked about this, and nobody reports any reaction. Knox defense lawyers in cross examination do not go there at all.
Suddenly, to the considerable surprise of all present, Knox has a yelling, head-clutching conniption (the first of several that night) when they observe a text she had denied sending, saying she would see that person later. Knox explains that it was Patrick, along with a torrent of accusations.
Warned she should not do so without a lawyer, Knox insists on a recorded statement which says she headed out to meet Patrick that night after he texted and she accuses Patrick of killing Meredith.
Knox is put on hold, given more refreshments, and made comfortable on some chairs so she might try to get some sleep.
A second session ending at 5:45 is intended as merely a reading of Knox’s legal rights, with Dr Mignini presiding. No questions are asked.
Having just been warned she should not do so without a lawyer present, Knox insists on a second recorded statement which also says she went out to meet Patrick that night and also accuses Patrick of killing Meredith.
Just before noon, now under arrest and about to be taken to Capanne Prison, a third statement this time in English, and seemingly gleefully hands it to Rita Ficcara. She yet again accuses Patrick but also ponts some suspicion toward Sollecito.
Knox’s lawyers never substantially challenge this version, leave standing that she insisted on all three statements, and they dont pursue any claims that she was pressed.
In July Knox herself tried to challenge the scenario but was disbelieved and for the calunnia framing of Patrick Lumumba Judge Massei sentenced her to a year more than Sollecito, later amended by Judge Hellmann to three years served.
4. Trial Transcripts And Other Evidence Against Knox
Click here: The Knox Interrogation Hoax #1: Overview Of The Series - The Two Version of the 5-6 Nov 2007 Events
Click here: The Knox Interrogation Hoax #2: Trial Testimony From Rita Ficcara On Realities 5-6 Nov
Click here: The Knox Interrogation Hoax #3: More Defense Pussyfooting Toward Rita Ficcara, Key Witness
Click here: The Knox Interrogation Hoax #4: More Hard Realities Fron Rita Ficcara, More Nervousness From Defense
Click here: The Knox Interrogation Hoax #5: Key Witness Monica Napoleoni Confirms Knox Self-Imploded 5-6 Nov
Click here: The Knox Interrogation Hoax #6: Sollecito Transcript & Actions Further Damage Knox Version
Click here: The Knox Interrogation Hoax #7: Testimony Of Witness Lorena Zugarini On The Knox Conniption 5-6 Nov
Click here: The Knox Interrogation Hoax #8: Testimony Of Interpreter Anna Donnino On Events Night Of 5 November
Click here: The Knox Interrogation Hoax #9: Officer Moscatelli’s Recap/Summary Session With Sollecito 5-6 Nov
Click here: The Knox Interrogation Hoax #10: Challenge To Readers: Spot The Two Landmines For Lawyers & Knox
Click here: The Knox Interrogation Hoax #11: Why Prosecution And Defenses Never Believed Knox’s Version
Click here: The Knox Interrogation Hoax #12: Proof Released That In 5-6 Nov Session Knox Worked On Names List
Click here: The Knox Interrogation Hoax #13: The First Two Pre-Trial Opportunities Which Knox Flunked
Click here: The Knox Interrogation Hoax #14: The Third Pre-Trial Opportunitty Which Knox Flunked
Click here: The Knox Interrogation Hoax #15: Dr Mignini’s Knowledge Of Knox “Interrogation” Explained To Media
Click here: The Knox Interrogation Hoax #16: The Fourth Pre-Trial Opportunity Which Knox Flunked
Click here: The Knox Interrogation Hoax #17: Sollecito April 2008 Before Supreme Court Again Coldsholders Knox
Permalink for this post • Tell-a-Friend • Case Wiki • PMF Org Forum • PMF Net Forum • Comments here (37)
Friday, April 10, 2015
Those Pesky Certainties Cassation’s Fifth Chambers May Or May Not Convincingly Contend With #1
Posted by Cardiol MD
1. How Overload Can Overwhelm The Checks And Balances
The Italian Supreme Court (SCC) has 396 Judges in Rome and elsewhere.
Because of the enormous pro-defendant tilt in the system, the SCC hears about 80,000 appeals a year - more than all other Supreme Courts in the rest of Europe combined.
The SCC operates in panels, typically of 5 justices; that scales to about 4 appeals/panel/workweek, or about 1 appeal/panel/workday. A huge workload impinging on carefulness and promoting distraction and exhaustion.
Even with a law-clerk infrastructure, and the most ingenious exploitation of human concentrated-attention-span, highly questionable outcomes such as that for Meredith’s case would seem inevitable.
The four SCC judges panels (2008, 2010, 2013, 2015) which have ruled on various issues arising as Meredith’s murder case inched its way through the Italian legal system have been composed of different judge-combinations, with different skills, different knowledge, different education, and different experiences.
In many cases high-tech issues are an integral part of the evidence before the courts. This requires the enlistment of expert opinions because the judges may not be versant in the relevant high-tech issues. All sides, the defence, the prosecution, other interested parties, and even the judges, can cherry-pick experts for hire, who often use brazen sophistry to persuade the judges in the experts’ favour.
These facts may help to explain if not justify the unexpected conclusion of this current SCC judges panel which is now drafting the Motivazione.
2. Circumstantial Evidence And The Italian Requirement For Certainty
Near the start of the 2015 SCC hearings Judge Bruno, one of the 5 members of the Marasca SCC-Panel, was quoted as having said that the trials had “not many certainties beyond the girl’s death and one definitely convicted.”
As we await this particular Motivazione intended to explain its decision, we will review the Massei Motivazione, the Nencini Motivazione, and the several past SCC rulings to establish what do constitute the certainties - of which in fact as Italian law defines them there is actually a large number.
In order to be classified as Circumstantial Evidence in Italian Law an evidentiary circumstance or fact must be true to the level of being a certainty. Note that this rule does not supersede BARD, it applies only to the the acceptance of individual items of evidence as circumstantial, so it can mislead and confuse authors and readers.
As will be noted below, under this Italian requirement the unverifiable RS/AK broken water-pipe story can not be classified as pro-defense Circumstantial Evidence. Therefore it cannot legally be argued as corroboration of the excuses of Knox & Sollecito, including their mop claims.
Sollecito’s father, Dr. Francesco Sollecito, did say that RS had mentioned the alleged-leak of Nov. 1st, 2007, in the father’s 221 seconds, 20:42:56 call of Nov.1st, 2007. Hellmann/Zanetti bought into this story, discussing it in their Motivazione.
AK is quoted by Nencini as referring to the alleged-leak in her testimony, but neither Galati nor the 2013 Hellmann/Zanetti-annulling SCC panel mentioned the alleged-leak. All seemed aware that there was no certainty.
3. An Explanation Of Why This Will Matter So Much In Future
In 2013 the SCC itself annulled most of the Hellmann-Zanetti verdict in part because there was an obvious parceling-out of the pieces of circumstantial evidence and a lack of assessment of each piece of circumstantial evidence. Hellmann-Zanetti had failed to check whether the possible flaws and lacks in the logical value of each single piece of evidence could be resolved by cross-checking them and taking in account the whole.
Have the SCC judges themselves now made this same mistake? It is especially at this level that informed legal analysis in Italy of the pending SCC Motivazione will concentrate, future books on the case will concentrate, and the final degree of legitimacy will be established.
Given the peculiarity that the case was not referred back down to Florence for adjustment, worries at this level especially could be driving the very obvious nervousness of all of the defense counsels, shushing and restraining their clients in the presumed hope that the SCC judges really can square the circle and achieve legitimacy.
4. Certainties And Certainly-Nots In The Circumstantial Evidence
1. Fracture Of Hyoid Bone?
The SCC-Panel for Guede’s Sentencing (English Translation) wrote on Pages 4-5:
c) The body presented a very large number of bruising and superficial wounds – around 43 counting those caused by her falling – some due to a pointed and cutting weapon, others to strong pressure: on the limbs, the mouth, the nose, the left cheek, and some superficial grazing on the lower neck, a wound on the left hand, several superficial knife wounds or defence wounds on the palm and thumb of the right hand, bruises on the right elbow and forearm, ecchymosis on the lower limbs, on the front and inside of the left thigh, on the middle part of the right leg, and a deep knife wound which completely cut through the upper right thyroid artery fracturing the hyoid bone, a wound which caused a great deal of bleeding from the vessels of both lungs.
This caused a haemorrhagic shock and asphyxiation by the presence of blood in the respiratory passages, an exitus [decease] placed at around 23:00 of Nov. 1 by the forensic pathologist.
The emphases are mine. The knife cut through the hyoid bone rather than fractured it (in the English version it should say that it severed the hyoid bone; this is a translation issue). A Certainly-Not then.
The wound certainly did not cause any bleeding at all from the vessels of either lung; this is not a translation issue. This is a factual error in the original Italian Sentencing Report. A Certainly-Not then.
(This shows how the SCC-Panel Reports are not infallible. Unfortunately the Marasca Panel will have to dredge-up some past, fallible SCC-Panel Reports in order to explain its own reasoning.)
2. Two Knives?
Massei Translation p377: “There must necessarily have been  two knives at the scene of the crime.”
Certainly! There were 2 major, penetrating knife-wounds into Meredith’s neck; one entering on the left-side, and one entering on the right-side, which was made by a pocket-knife of the size Sollecito customarily carried. The latter wound could not have been made by whatever knife entered on the left-side. Therefore 2 knives were Certainly used.
3. Single Blow?
Massei Translation p 371 ”…a single blow was apparently halted by the jawbone…”
The statement that a blow could be “apparently halted” by Meredith’s jawbone is at best a figure of speech, and the quotes of Prof Cingolani on page 152 of the Massei Translation clearly indicate that any cause and effect inference from the phrase “apparently halted”, “did not…. have elements of certainty to establish” it was “stopped by the jawbone.” Prof Cingolani “did not, however, have elements of certainty to establish that the blade which had caused the wound 4 centimetres deep had stopped at the said depth because [it was] stopped by the jawbone.”
Maybe there is a Judicial, translational, or typographical glitch and “by” the jawbone should have been “near” the jawbone. Skin is soft and bone is harder but there is no way that the knife striking the jawbone or hyoid bone would halt the knife in this case, they would just roll with the blow, depending on the angle of attack.
Furthermore, contact between the knife and jawbone or hyoid bone would not mark the knife because living-bone is softer than the knife. When your pet gnaws on a non-living cow-bone, neither the bone nor your pet’s teeth can bend; both your pet’s teeth and the bone can be broken, and the bone gets scratches on it because it is still softer than the teeth, but your pet’s teeth do not get scratches on them, because they are harder even than the non-living bone.
If someone is stabbed in the back with a kitchen carving knife, penetrating ribs on its way to the heart, the knife may have no scratches at all, nor show any signs of damage caused by that action. Any implication in the statement quoted above that stabbing Meredith’s neck with enough force to penetrate the layers of her neck and then strike bone would have the effect of signs of damage to the knife-blade, is a mistaken implication.
It is an old rule of materials-physics that a softer substance cannot mark a harder substance. [To some people this may be counter to their intuition, so I have passed it by an eminent MIT physicist, and he agrees with me that the knife blade would certainly not show signs of damage caused by the stabbing in this case.]
4. SMS Message?
It is Certain that at 20:18:12 on Nov.1st, 2007 Amanda Knox’s mobile-phone received the SMS sent to her by Patrick Lumumba, which let her off from having to go to work at the ‚Le Chic? pub on the evening of 1 November.
Remember that mobile-phones are equivalent to convicts’ ankle-monitor bracelets, their use creates with Certainty a record of the Times of cell-phone activities, the Location of the corresponding transmitter-cell, and hence the general location of the mobile-phone, especially Ruling-Out particular Locations e.g. Proving whether the carrier of the phone was in or out of the range of their home transmitter-cell. Call Verbal-Content is not publicly available.
Here the mobile-phone Record proves that Knox’s mobile-phone was Certainly-Not in Sollecito’s lodging-house at 20:18:12 on Nov.1st, 2007:
At the time of reception, Knox’s phone connected to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3, whose signal does not reach Raffaele Sollecito’s house. Amanda Knox’s mobile phone, and therefore Knox herself, was therefore far [i.e. absent] from Corso Garibaldi 30 when the SMS reached her, as she was walking in an area which was shown to be served by the Via dell’Aquila 5-Torre dell’Acquedotto sector 3 cell.
This point of her route could correspond to Via U. Rocchi, to Piazza Cavallotti, to Piazza IV Novembre, bearing in mind that Lumumba’s pub is located in Via Alessi, and that Amanda Knox would have had to travel along the above-mentioned roads and the piazza in order to reach the pub.
Knox was therefore Certainly Not at Sollecito’s Corso Garibaldi Lodging at that time, contrary to the allegation that she was, and Knox Certainly-Could have been at her Cottage.
5. SMS Reply?
At 20.35.48 on Nov.1st, 2007, Amanda Knox Certainly sent an SMS in reply to Patrick, at No. 338-7195723; the message was sent when her on Nov.1st, 2007 mobile phone was in Corso Garibaldi 30 or in the immediate neighbourhood. The cell used, in fact, was that of Via Berardi sector 7 - no other [use] was shown for the day of 1.11.07, noting that Amanda declared during hearings that she had switched her mobile phone off once she had returned 323 to Raffaele’s house, claiming she was more than happy she did not have to go to work and could spend the evening with her boyfriend.
(Knox may also have been LESS than happy that Lumumba preferred Meredith instead of Knox as an employee. This was perhaps humiliating enough to Knox for Knox to decide that the time to cut Meredith down-to-size was now.)
6. Bomb Threat?
Massei Translation page 25: On “the evening of November 1, 2007 at around 10:00 pm, someone called and warned Elisabetta Lana not to use the toilet of her dwelling because it contained a bomb which could explode. Mrs. Lana immediately notified the police of this phone call; and they came to the house but did not find anything….”
This call was Certainly received, the Police Certainly came to Mrs. Lana’s home, presumably not long after 10: pm on the evening of November 1, 2007 (Time & Duration of Police presence apparently not publicly-available).
The Courts must know those times accurately and precisely; reasonably assuming them to be after Meredith’s murder, and near the time of the Phone-Dump (Otherwise, the necessary combination of coincidences is too implausible).
It is most likely that the visible, and possibly audible, presence of Police triggered the panicked disposal of the Cell-Phones down the steep slope that falls sharply into the valley below.
There is no need to invoke any awareness by the phone-dumper[s] of the reason(the hoax-call) that the Police were near Mrs. Lana’s residence.
So if the killers saw flashing police-lights, or any other sign of police near Mrs. Lana’s place, that sign could be enough to explain panic phone-dumping - then and there (not considering whether the phones were switched-on or switched-off).
According to John Follain the slope is heavily overgrown with trees and bushes, an ideal place to dispose of evidence. If the phones had fallen just a few yards further, they would certainly have gone over the edge of the cliff, down into a 50m gully, straight into a thick scrub of nettles, and probably been lost forever….
7. Phone Dialings?
There were four dialings on Meredith’s mobile phones after her arrival home on the evening of 1 November ‘07:
i. 20:56 hours on 1 November 07, attempted call to Meredith’s mother’s home in England.
ii. 21:58 hours on 1 November 07, attempted call to mobile phone’s answering service, voicemail ‘901’.
iii. 22:00 hours on 1 November 07, dial to Meredith’s London bank ‘ABBEY’.
iv. 22:13:29 hours (9 seconds) on 1 November 07, attempted internet connection. Connection consistent with being attempted from cottage, but inconsistent with being attempted from Mrs.Lana’s.
These dialings are Certain with regard to Existence, Timings, and Location.
Massei Translation, page 331, attributes the above 4 dialings to Meredith absent-mindedly playing with the mobile phone in her hand, and her phone may well have still been in her hand when her attackers surprised her.
8. Phone Location?
Was Meredith’s Phone still in the cottage at Via della Pergola at 22:13:29 hours on 1 November 07? Yes. Certainly.
9. A Tow Truck?
At about 22:30 hours Car broken-down nearby. Tow-Truck called-for.
At about 23:00 hours Tow-Truck arrives to load car.
At about 23:13 hours Tow-Truck leaves with loaded car.
These events Certainly occurred, but those times are approximate.
10. Francesco Called?
@23:41:11 RS’s father attempts phone-call but makes no oral contact. Father leaves message which is not received until 06:02:59 on 2.11.07.
This 23:41:11 call was attempted during the very time-frame of the attack on Meredith, her murder, and the flight of her killers with her mobile telephones. Meredith’s Phone[s] were removed from her cottage by about Midnight, less than 20 minutes after this attempted call.
These phone calls are Certain wrt Existence, Timings, and Locations.
11. Phone Location?
For 2.11.07 the first record is that of MKP - 0:10: 31, (i.e. Very early in the a.m. 10 minutes and 31 seconds after midnight) “when it has been established as an incontrovertible fact that Meredith’s English mobile phone was no longer in Via della Pergola, the mobile phone having received the contact under the coverage from Wind signal [cell] ..25622, which is incompatible with the cottage.”
Was Meredith’s Phone still in the cottage at Via della Pergola at 00:10: 31, 2.11.07? No!
Therefore Meredith’s English mobile phone had been removed from her cottage between 10.13.39 p.m. on 1.11.07 (more likely about 11.13 p.m. when tow-truck departed) and 0:10:31 on 2:11:07; about 10 ½ minutes after midnight – say Meredith’s Phone[s] Removed By About Midnight, allowing for the time-elapse before being dumped near Mrs. Lana’s place. (Hellmann falsified this time-span on page 14 of his report, stating it to be more than 10 hours after midnight rather than about 10 ½ minutes after midnight.)
12. Phones Stolen?
At some time before Meredith’s attackers fled, they had seized her mobile telephones, probably near the beginning of the attack, having started their attack with a pre-emptive strike to intimidate Meredith, remove all hope, surround her, display knives, seal all possible escape-routes, and remove any possibility of phone-calling for help.
Immediately after Meredith’s scream her attackers had silenced her with the fatal stabbing, and then fled immediately.
They fled with her already-seized but still switched-on mobile telephones, probably without locking anything, including Meredith’s door.
Their over-riding and 1st imperative was not-to-be-caught-at-the-crime-scene.
See item 6. above.
13. Crimescene Meddling?
Having accomplished the Phone-Dump, Meredith’s killers next re-model the crime-scene, minimising the evidences of their identities, cleaning-up the evidences that it was ‘an inside job’, and simulating the appearances that it was ‘an outside job’.
One should bear in mind that these killers should have still been overwhelmed by their having actually committed a crime beyond their wildest imaginings.
Their panic impaired their thinking, and their ignorance, immaturity, inexperience, lack of technical resources and their arrogance precluded their selecting deceptions more effective against knowledgeable, experienced professional crime-investigators with a large fund of resources. They probably think that throwing the stone from inside Filomena’s room was a brilliant deception.
They wish it had never happened.
They wish they could make it unhappen (Hellmann/Zanetti got close to fulfilling this wish, but got themselves unhappened by Cassation)
They wish they could prevent the discovery of Meredith’s murder.
They cannot prevent the discovery of Meredith’s murder.
They may be able to postpone its discovery, but not longer than the inevitable return of the cottage-mates, later that day.
They believe that the person who ‘discovers’ a murder may become 1st-suspect.
They may be able to manouevre others-than-themselves into being the ones that make the discovery – quite a wily aim.
It is beyond reasonable doubt that:
Meredith’s killers seized her mobile telephones, and that
Her killers did not switch-off these mobile telephones, and that.
Her killers threw the telephones into an apparent ravine, landing in Mrs.Lana’s garden, and that
This phone-dump was accomplished before 00:10: 31, 2.11.07, and that
Amanda Knox caused:
- i. the English phone to ring at 12:07:12 (16 seconds) and be discovered by Mrs.Lana’s daughter only because it rang , and
ii. the other phone, registered to Filomena Romanelli, to ring, very briefly, at 12:11:02 (3 seconds) and,
iii. the English phone to ring again, also very briefly, at 12:11:54 (4 seconds), after being brought into Mrs.Lana’s house. 6. Sollecito had more than 5 days, from about 11.30 pm on November 1st, 2007 until November 6, 2007, to remove from the killing-knife the traces of Meredith’s DNA.
In the opinion of the Court of Assizes (Massei Translation p.325), Amanda Knox’s call to Meredith’s phone was
...the first indispensible step before putting the  planned staging into action. The lack of a reply, since the poor girl was obviously already dead, gave a reason for reassurance about the fact that the young woman’s phone had not somehow been retrieved, [and] was therefore safe in the spot where it had been thrown, which, according to the expectations [in the minds] of the murderers was a precipice or some other inaccessible spot, rather than in the garden of a villa located barely outside the city, where the vegetation concealed it from view.
Knox may well have expected that she was safe from phone-discovery, but these calls turned out to be the very instrument of a phone-discovery.
Had Knox not made these obfuscatory stabs, in the time-frame she made them Meredith’s phone would not have rung when it did ring and would therefore not have been discovered by Mrs. Lana’s daughter when she did discover it.
14. Phone Switched On?
For the day of 2.11.07, when Meredith was already dead, the traffic registered for the Vodafone number was shown to be the following:
00:10:31; duration and caller unspecified, but Wind signal [cell] incompatible with cottage, but compatible with Mrs. Lana’s place.
Therefore, Meredith’s mobile cell-phone had already been taken away from the cottage by her killers. It is not possible to determine from this phone-record whether the phone was switched on or off, but this phone was discovered at Mrs. Lana’s place because it was ringing, and therefore was “on”.
12:11:02 (duration of 3 seconds): Knox’s phone call reached the phone and was diverted to the answering service. The Vodafone cell used by Meredith’s service provider was situated in Strada Vicinale S. Maria della Collina sector 1.
12:11:54 (4 seconds): another call is made by Knox’s phone towards Meredith’s English mobile phone number (the cell used is the one in Via dell’Aquila 5-Torre dell’Acquedotto sector 3, thus compatible with Sollecito’s house)
Three more phone-calls Certain wrt Existence, Timings, and Locations.
15. Francesco SMS Received?
At 06:02:59 Raffaele Sollecito received the SMS from his father allegedly wishing Raffaelle a good night; from the evidence of the mobile phone record printouts of Dr. Francesco Sollecito, it was shown that the sending of the message occurred at, as has been said, 23:41:11 of 1.11.07. This was the last SMS sent from that mobile phone during the whole day of 1.11.07
3+ Hours after receiving his father’s message from 23:41:11 of 1.11.07:
At 09:24 Raffaele Sollecito received a phone call from his father lasting 248 seconds]
At this time RS’s consiousness would be dominated by his guilty knowledge, and probably far-advanced in the accomplishment of the 3rd imperative.
Did RS and father spend 4+ minutes discussing the weather?
This is the first father/son opportunity to formulate the two-pronged water-leak story.
Although AK had already been to the hardware store 2 hours before, they may well not have known the potential DNA problems with the knife, the need to scrub it vigorously, to clean-out, and repair the drain-pipes under the sink, and the need to return the knife to RS’s kitchen drawer.
As it turned-out, Sollecito had more than 5 days, from about 11.30 pm on November 1st, 2007 until November 6, 2007, to remove from the killing-knife the traces of Meredith’s DNA.
They probably did not know that incriminating stains could be invisible, but can be revealed by Luminol.
16. Francesco Calls Received?
At 09:29 another call was received lasting 38 seconds
At 09:30 (duration unspecified?) the father called Raffaele; the call connected to the Vial Belardi sector 7 cell.(the best server cell for Corso Garibaldi 30).]
These two calls, Certain wrt Existence, Timings, and Locations, were probably spent dotting ‘i’s, crossing ‘t’s, and exchanging options, such as enlisting sister Vanessa’s skills and contacts.
17. More Calls Later?
Another 2+ Hours later:
At 12:07:12 (duration of 16 seconds) Amanda calls the English phone number 00447841131571belonging to Meredith Kercher. The mobile phone connects to the cell at  Via dell’Aquila 5-Torre dell’Acquedotto sector 9 (the signal from this cell is picked up at Sollecito’s house)
At 12.08.44 (lasted 68 seconds) Amanda calls Romanelli Filomena on number 347-1073006; the mobile phone connects to the Via dell’Aquila 5-Torre dell’Acquedotto sector 3 cell (which covers Sollecito’s house)
Discovery will be inevitable when Filomena eventually arrives-back at the cottage.
AK/RS have accepted that they have to ‘stand-pat’ with their efforts so-far to accomplish not-to-be-the-“discoverers”-of-Meredith’s-body.
Amanda did not say a word in this phone-call to Filomena about Amanda’s phone call to Meredith, thereby withholding information that should have led Amanda to initiate discovery of Meredith’s body, and help Amanda to manouevre someone other than Amanda into being the one who ‘discovers’ Meredith’s body.
At 12:11:02 (3 seconds) the Vodafone number 348-4673711 belonging to Meredith (this is the one [i.e. SIM card] registered to Romanelli Filomena) is called and its answering service is activated (cell used: Via dell’Aquila 5-Torre dell’Acquedotto sector3)
18. Yet More Calls?
For the day of 2.11.07, when Meredith was already dead, the traffic registered for the Vodafone number was shown to be the following 5 calls, Certain wrt Existence, Timings, and Locations:
- i. 12:11:02 (duration of 3 seconds): Amanda’s phone call reached the phone and was diverted to the answering service. The Vodafone cell used by Meredith’s service provider was situated in Strada Vicinale S. Maria della Collina sector 1.
ii. 12:11:54 (4 seconds): another call is made towards Meredith’s English mobile phone number (the cell used is the one in Via dell’Aquila 5-Torre dell’Acquedotto sector 3, thus compatible with Sollecito’s house)
iii. 12:12:35 (lasting 36 seconds) Romanelli Filomena calls Amanda Knox (No. 348-4673590); Amanda receives the call connecting to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3 (still at Raffaele’s house)
iv. 12:20:44 (lasting 65 seconds) Romanelli F. calls Amanda, who receives the call connecting to the cell in Via dell’Aquila 5-Torre dell’Acquedotto sector 9 (good for Corso Garibaldi 30)
v. 12:34:56 (48 seconds): Filomena calls Amanda who receives it from the cottage on Via della Pergola 7 (the cell used is that on Piazza Lupattelli sector 7. As mentioned, Raffaele also used the same cell when he called the service centre at 12:35 hours to recharge [the credit of] his mobile phone)
19. RS Phone Location?
At 12:35: Raffaele’s mobile phone contacted a service centre for a phone [credit] recharge (the cell used was that of Piazza Lupattelli sector 7, which gives coverage to the little house on Via della Pergola 7. The signal in question does not reach Corso Garibaldi 30, which instead is served by the signal from Piazza Lupattelli sector 8)
At 12:38: Vodafone sent R.Sollecito a message of confirmation of phone [credit] recharge (Piazza Lupattelli sector 7 cell, good for Via della Pergola 7)
At 12:40: incoming call from RS’s father’s mobile phone (lasting 67 seconds; connection through Piazza Lupattelli sector 7 cell, compatible with the Sollecito’s presence near the little house)]
At 12:47:23 (duration of 88 seconds): Amanda calls the American (USA) number 00120069326457, using the cell on Piazza Lupatetlli sector 7; the phone call takes place prior to the one which, at 12.51.40, Raffaele Sollecito will make to ‚112?, connecting to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 1, which gives coverage to Via della Pergola 7]
In “Waiting To Be Heard” Knox can hardly deny having made this 1st call, acknowledges making the call, and purports, now, to recall its substance, providing the reader with her version of what was said.
At 13:24:18 (duration of 162 seconds): Amanda calls the same American number which corresponds to the home of her mother, Mrs Edda Mellas, using the same cell. It is obvious that the young woman is inside the cottage, where by this point, several minutes earlier, the Postal Police had shown up,  represented by Inspector Battistelli and Assistant Marzi, who were engaged in the task of tracking down Filomena Romanelli, who was the owner of the Vodafone phonecard contained in the mobile phone found earlier in the garden of the villa on Via Sperandio]
In “Waiting To Be Heard” Knox can hardly deny having made this 2nd call either, she acknowledges making the call, and provides the reader with her current version of what was said.
20. More Phone Locations?
At 12:50:34 outgoing call directed at mobile phone 347-1323774 belonging to Vanessa Sollecito, sister of the defendant; duration 39 seconds. Connection to Piazza Lupattelli sector 7 cell 320
At 12:51:40 Raffaele Sollecito called ‚112? to inform the Carabinieri of the presumed theft in Romanelli’s room (duration 169 seconds; connection to Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell, which covers Via della Pergola 7)
At 12:54: a second call by Raffaele to ‚112? (57 sec.; connection to Piazza Lupattelli sector 7 cell)
Three more Sollecito calls Certain wrt Existence, Timings, and Locations.
21. More Phone Locations?
At 13:17:10 (lasting 1 second) to Meredith’s phone: the cell used was located in the same place, sector 7
At 13:27:32 (duration of 26 seconds): Amanda calls the American number 0012069319350, still using the cell at Piazza Lupattelli sector 7.
At 13:29:00 (duration of 296 seconds) Amanda receives [a call] from No. 075/54247561 (Piazza Lupattelli sector 7 cell)
Three more Knox calls Certain wrt Existence, Timings, and Locations.
22. Another Phone Location?
At 13:40:12: incoming call from his father to RS (94 sec.; Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell)
Another Sollecito call Certain wrt Existence, Timings, and Locations.
23. More Knox Calls?
At 13:48:33 (1 second): this is an attempted call to AK’s mother’s number
At 13:58:33 (1 second): this is an attempted call to her mother’s number
The above item is a faithful translation from the Massei Motivazione section on Amanda Knox’s mobile phone traffic, but is listed out-of-time-sequence; the assigned-time is probably a ‘typo’ – “13:48:33” is much more likely correct.
Two more Knox calls Certain wrt Existence, Timings, and Locations.
24. Francesco Call?
14:33: Sollecito’s father called Sollecito for 21 seconds (as above)]
Do RS and father exchange more caveats in their call Certain wrt Existence, Timings, and Locations?
25. More Knox Locations?
At 14:46:14 (102 seconds) Amanda receives a call from the German number 494154794034, most likely belonging to her aunt Doroty Craft
Call to Meredith’s phone at 15:13:43 (5 seconds) cell not indicated.
At 15:31:51 (1 second): Knox receives an SMS sent from the number 389/1531078; at this point the cell being used is the one on Via Cappuccinelli 5/A sector 2, where the Questura [police headquarters] is located.
Two more Knox-related calls Certain wrt Existence, Timings, and Locations.
In the hours that followed the [mobile phone record] printouts show that the answering service of Amanda’s number 348-4673590 was activated due to a lack of signal coverage.
Massei Translation p.324:
Finally, the analyses of the [phone record] printouts highlight that the first phone call made by Amanda on the day of 2 November was to Meredith Kercher’s English number.
The American student called her English flatmate even before contacting Romanelli Filomena to whom she intended to express, as she testified in court, her fears about the strange things she had seen in the cottage, which she had returned to at about 11 o’clock in order to shower in preparation for the excursion to Gubbio which she and Raffaele had planned.
It is strange that Amanda did not say a word to Filomena about the phone call to their flatmate, when the call, not having been answered, would normally have caused anxiety and posed some questions as to why Meredith did not answer the phone at such an advanced hour of the day.
26. Sollecito Locations?
At 17:01: RS’s father called RS for 164 seconds; cell used is that of Via Cappucinelli 5/A sector 2, corresponding to the location of the Perugia Police Station
At 17:42: RS’s father called RS for 97 seconds (as above).
With regard to Raffaele Sollecito’s landline home phone (No. 075-9660789)
The above 2 calls presumably covered final agreements on the Father/son stories.
For the entire day of 1 November and then of 2 November, Raffaele Sollecito’s fixed line was not affected by any calls, either incoming or outgoing.
This series continues here.
Archived in Posts to read first, Officially involved, Supreme Court, Public evidence, The locations, The timelines, Knox's alibis, Sollecito's alibis, The two knives, Other physical, Cellphone activity, Trials 2008 & 2009, Massei prosecution, Appeals 2009-2015, Cassation appeal 2
Permalink for this post • Tell-a-Friend • Case Wiki • PMF Org Forum • PMF Net Forum • Comments here (26)
Wednesday, April 08, 2015
In Big Complication For Cassation Guede Demands New Trial To Prove He Was Not “Accomplice Of Myself”
Posted by Peter Quennell
Sooner or later they must explain. Initial statements of their reasons has many Italian justice officials in strong disbelief.
If there were evidence problems (and we know of next to none and hundreds of evidence points suggesting guilt) the Florence appeal court was the correct court to put them to bed. Cassation has no legal mandate for that.
It gets worse. Somehow the Fifth Chambers has to explain why the First Chambers ruled the other way on some very key points in 2010 and 2013 and why it confirmed Knox’s sentence for the felony of calunnia with no further possibility of appeal.
It gets worse. The five judges would seem to have to come down for either the highly discredited Lone Wolf Theory or for two other “missing killers” (for which there is zero evidence) to have attacked Meredith.
From 2007 to 2015 two defense teams tried very hard but without conviction or success to do both of those things - even though Guede and his defense had no way to answer back as they were not even in court.
Those same two teams tiptoed away from much of the pesky evidence against all three which they were simply powerless to explain.
So Guede’s demand for a new trial reported today could not be timed worse from the Fifth Chambers judges’ point of view.
Chances are that this request will be ruled on by another Chambers of Cassation. It might take some time but they might have no compunction (especially if they are the First Chambers) about hanging the increasingly embattled Fifth Chambers out to dry.
No way Guede’s conviction ever gets reversed. He knows that. We all know that. The evidence is way too strong. But Guede could really rub it in that he was not the initiator of the 15-minute attack and could certainly not have done it alone. That he had no motive at all. That he was not a drug dealer or a burglar - no evidence for either exists.
That he was not the one who had a reason to clean up the house as his own trial ruled. And that he did not wield the final blow.
Added to the top post on Thursday, and amended Friday.
It looked briefly like his lawyers contradicted Guede. But legally Guede is the one with much at stake and gets to call the final shots.
And Biscotti merely added that while he didn’t know exactly what Rudy said, his words should not be considered as a public statement, he did not intend for them to go public.
Of course, Biscotti would want to keep their powder dry, and keep Guede out of harms way, and keep all possible options open in Cassation.
Smart legal, safety and financial tactics.
Archived in The former defendants, Rudy Guede, Officially involved, Supreme Court, Crime hypotheses, Various scenarios, Appeals 2009-2015, Guede appeals, The many hoaxes, The Guede hoax
Permalink for this post • Tell-a-Friend • Case Wiki • PMF Org Forum • PMF Net Forum • Comments here (23)
Monday, April 06, 2015
Columbia University Journalism School Blasts Fabricated Story - But What Of Hundreds In Our Case?
Posted by Peter Quennell
1. The Damage From False Media Reports
Once a false meme is put out there it can do immense harm and be almost impossible to turn around.
Public relations houses try to propagate memes, and if they are false that is sleazy and unethical but usually does not contravene criminal law.
But serious media spreading such memes have a very strong moral mandate and at times a legal mandate to check, double-check, and check again.
Often the real damage extends way beyond immediate victims and witnesses and families and friends. It can chill and distort right across law enforcement and the justice system and deeply affect paranoia-prone minds.
2. The Rolling Stone Article Report
What was misreported in the fortnightly Rolling Stone is described chronologically today by Rolling Stone itself here.
Essentially, an experienced reporter with a valid story did not go the extra mile to check if her highly inflammatory flagship claim was true.
There seems no question now that it was not.
A few days later Rolling Stone itself cautiously began to ‘fess up. The story was indeed untrue. Neither the reporter nor the editor had checked, double-checked, and checked again.
Its owner Jann Renner contracted with the Columbia University Graduate Journalism School to publish an in-depth report. The supposed victim was increasingly contradicted by her own friends and shown to have changed stories a lot. On 23 March local police reported that their investigation turned up no sign of a crime.
Yesterday the journalism school published their conclusions on “What Went Wrong” and they will make available and summarise the full version of their report on April 8th.
Damage has rippled on and on not least to women who have a huge interest in being taken seriously when they have a complaint.
The University of Virgina is in full damage control mode (that campus is about one hour’s drive southwest of Washington). Who could now be charged or sued is discussed here in the Washington Post. Many reputations have come out looking worse.
3. Relevance To Meredith’s Case?
On 27 June 2011 (right in the middle of the Hellmann appeal) Rolling Stone published one of the least accurate and most damaging and defamatory of literally hundreds of inaccurate reports.
Nathaniel Rich reported only in English, of course, from safely across the Atlantic, and there was zero due diligence by the editor at Rolling Stone (the same editor as today). His false claims were very widely quoted elsewhere. See here, and here, and here, and here, and here, and here, and here.
Rolling Stone inflamed public opinion through false claims. It added to the perception that an extradition battle could drop two governments in the soup. That may have impacted the Supreme Court.
Yes, this case of mass misreporting seems every bit as bad.
Archived in Reporting on the case, V bad reporting, The wider contexts, American context
Permalink for this post • Tell-a-Friend • Case Wiki • PMF Org Forum • PMF Net Forum • Comments here (10)
Thursday, April 02, 2015
The Psychology Of The Human Race Puts Us On A Rising Curve Toward True Justice For All
Posted by SeekingUnderstanding
1. The “Just-World” Is Built
When we were children, we listened to fairy tales. Most cultures have a library of myths.
They frequently had ‘happy ever after’ endings, where everything worked out well, after many scares, struggles and deep sorrows. Rarely did the ‘bad people’ win, in the very end, although there were often sacrifices along the way required by those who were true to themselves, and cared for others and the world. The ruthless, selfish, greedy people often appeared in disguise - their ugly and scheming natures only revealed by chance at The End.
We often asked our fathers to read us these stories, before we were tucked up safely in bed. Usually we went to sleep reassured. This is because such tales reinforce a concept known as ‘the just-world’. In this just world, good thoughts and deeds are rewarded, eventually, and the bad and cruel actions will reap the punishment they deserve, even if patience is required until this comes about.
Our belief in this concept helps us, as we begin to go out in the world and face its stresses and dangers. It gives us hope and courage, in our tiny childhood bodies.
Our parents are our caretakers, there to guide us and protect us from harm. Good parents, who are teachers too, show us right from wrong, good from bad. We grow, and begin to form a sense of Self, a core self that finds meaning and values, experiences beauty and ugliness, joy and pain.
At least one of our caretakers will empathize with us, and give us what is known as validation. Gradually, we learn to be self-reliant and do this for ourselves, although we will always still turn towards the caretaker for this reassurance at certain times.
2. When Our Just-World is Broken
And then, suddenly, one day, something else happens. (Hopefully, this day doesn’t come when we are so very young - if it does, it is frequently disastrous).
Our belief in the Just World is fractured. It cracks, and comes crumbling down around us, terrifying us as it does. Life goes into slow motion, and we remember the colours, shapes, smells, words, for the rest of our lives. Someone who has done wrong is praised and rewarded, and the little person who is ‘me’, who was being as good as we knew how to be, is scolded, teased, taunted, hurt (perhaps physically), neglected, ignored, humiliated, punished. We suffer when we do not deserve to, sometimes when we least deserve to.
Most of all, our ‘caretaker’, whose function it is to protect us, now reprimands us, withdraws their love or approval and, worst of all, refuses to believe us. We are telling it as it is, telling the truth as we have been taught to do, and the very person we have entrusted with truth, rejects us, and believes the one who is lying. We feel despair,and we feel isolated. We panic inside, and experience fear as we have not known it.
Our adrenalin and other endocrine reactions are set in motion. Our heart thumps. We don’t know what to do, we feel numb, confused, it is hard to concentrate. We are unlikely to be able to say, at that point, - but what we are feeling is betrayal. All our inner security has temporarily dissolved.
Not only has the person insulted and harmed us with their wrong-doing, but they compounded this by sanctimoniously pretending that they were ‘put upon’, a victim no less, while simultaneously the true victim is blamed and derogated. It is outrageous, and moreover it is disempowering (at first).
It is our first experience of injustice.
3. The Experience of Acute Distress
If our psyche is healthy, we will recover, both physically and emotionally within a short period. Human beings have innate coping mechanisms, and we learn gradually to activate these. Different personalities develop different ways.
But the period of stress and distress does need to be of a short duration. This is important. If it is not, we now know that very real damage occurs. This is not something vague, but is actual, biological, involving the Hippocampus and other specific areas in the brain.
When we talk about ‘healing’, this is not just a fancy word for getting into a better mood : real healing and correction need to occur in the cell tissues. Stress really does damage your health, and if we need to take time out to recover from it, - this is a real need. The greater and more prolonged the distress, the longer the time needed to rebuild, to adapt and adjust. Music, and being in nature, often have an important role to play here. People find their own ways, in their own time.
The other thing of prime importance is contact and talking, sharing, with others to whom we feel bonded. It may seem like saying the obvious - but it has been shown that victims of trauma heal very much more quickly when their contact with their loved ones in the aftermath had been immediate.
What is needed is the opposite of isolation, which would simply increase the undermining of the sense of self and our own identity, which has been hurt, or sometimes splintered.
People are isolated in cases of torture - the perpetrators of it know this isolating alone is punishing, fragmenting, weakening and eroding to the self.
We need the validation of our true friends. Perhaps this is the origin of the saying, ‘A friend in need is a friend indeed’.
To recap slightly : our first experience of having our illusion of a totally Just World challenged probably first occurs as we are growing up, perhaps at school or similarly.
I will not, here, address the very serious cases where child abuse happens in the home, where the damage may never be repairable (although a certain amount can be done, miraculously, with professional and skilled help). Neither is this the place to describe terrible trauma caused by murder and terrorism. Extreme experience of injustice, especially continuous, leads to severe trauma, which at the extreme end leads to PTSD.
Needless to say, those who survive need the utmost sensitivity and skill to help them deal with the sheer inhumanity of their situations.
4. The Caretaker in the Wider World
As we go out into the world, ‘the family’ and with it, the head of the family or the main caretaker extends onto a more macro scale. The head of an institution becomes the caretaker. The headmaster or headmistress has a duty of care and protection : they are ‘in loco parentis’.
And so on upwards - the head of a large company where we may work has to duty of care that his employees are kept safe; we have local heads of government, police commissioners etc., whose responsibility includes the safety and protection of the citizens - this is achieved through law and order. And so we finally go to the top, and have the governments of countries, and their judiciary and courts, and the Head of State.
Governments carry the ‘caretaker’ role for the people, the citizens. They are entrusted with our ultimate safety, security and defence - against violence, against terror, unreason, and the break-down of law and order into chaos and tyranny. We entrust them to save us from barbarism.
It is because they have this extension of the caretaker role (a leader will sometimes be called ‘The Father of the Nation’), that when something goes badly wrong, we can feel betrayed. Our own personal memories of betrayal, which may exist in layers of many chapters, can suddenly be triggered. It matters not that physically, personally, we may not be anything like in proximity or involved in what has just happened.
A feeling of insecurity, of being totally let down, indeed of being betrayed, is experienced in the collective, the caretaker of which is the top of government and judiciary.
The shockwaves in the collective trigger our personal memories of our own past trauma. Just as happens when someone we know is bereaved, and we then suddenly recall our own bereavements, as clear as day. Our own memories are re-experienced within the present, integrated into the collective event.
When a member of the Royal Family (in Britain) for whom there is much affection, dies, one can see an outpouring of collective sentiment. Some may disparage it (as in, ‘well, how could they possibly have known her!’ etc), but the phenonomen of collective sentiment is very real, and contains more than the sum of its parts. As all collective moods, it will operate as a wave - a wave that may sweep reason aside.
5. Injustice Is So Like Bereavement
Injustice affects us as bereavement does. When we are bereaved, and perhaps especially when we lose a parent (our original ‘caretaker’), we are affected physiologically as well as emotionally.
Our fear responses are heightened, (sometimes called heightened arousal), our heart rate changes, our concentration and memory are affected, as too our ability to regulate our emotions (be overwhelmed by them); our perception itself is affected, including our perception of who we are ourselves, our very core identity.
It is very common to feel we have lost a part of ourself with the loss of the one we loved, or, importantly, who loved us. Their love for us was part of what made us feel valid. How many feel, when bereaved, lost themselves, - rudderless, as it were? We have to re-learn, and validate ourselves.
Why, you may wonder, are we discussing bereavement here? Because the responses that we go through (and it happens involuntarily) are the same as when experiencing the distress of injustice, or injustice trauma where it is extreme.
The same shattering of world-view is involved, and the same loss of security, which affects us fundamentally.
We need ‘safe-holding’ - first our parents provide this, then gradually other people and other structures out in society provide this keeping of us safe and secure. Being able to dependably rely on the administrators of just law to do exactly that is a very important part of our security. We trust them. We trust our government to use their powers judiciously, to look after our best interests, or at least to try.
If suddenly justice itself appears from every logical perspective to be in fact injustice, it is a great threat to our psychological security, for reasons I’ve tried to explain.
If the collective has been subject to such stress, then the process of repair or healing is required to happen in the collective, exactly as it is when the injustice stress or trauma has occurred on a personal level. It is just as essential. As one of our commentators said, ‘Silence is not an option’.
But fortunately, humanity is resourceful. We can all think of ways and times when people of every diversity have come together in adversity, and pulled together, in generosity, kindness and strength. There is the dual instinct in most people (who are not dysfunctional, damaged or disturbed) which is for both justice and compassion - civilized, just action - .. and when we recover from the adrenalin state, where one feels temporarily stunned in disbelief, we slowly regain our ability to creatively engage in the present.
6. How The Healing Process Works
Many people come and seek out counselling when they are recovering from extended periods of stress and distress, caused by a wide variety of reasons, and within a wide spectrum of severity. There are a number of effective techniques to aid the self-therapy.
These include understanding one’s own fear responses and calming these; recognizing personal triggers, and having a method to deal with flashbacks when they occur; working on acceptance, and being ‘grounded’ or anchored; and learning to create a feeling of safety and security for yourself in the present, and recalling the stressful time but placing it carefully in the past.
7. Narrative Therapy For RS And AK
Sollecito admitted to lies, Knox served three years for lies, and both are still on trial in Florence for many more. Even their best friends know that.
In order to make progress in recovery, with counselling, some sort of ‘narrative therapy’ is needed, where what has been so distressing can be processed and talked about from the perspective of the present, looking back and making sense - but not talking as if one is still there in the experience.
To be able to arrive at this narrative is an important healing step. But if instead, the story is made of fragmented flashbacks, and the talk slips back into the present tense, as if the person is there again at the scene…really this is not good news. (cf AK was doing this in one of her last interviews last year - the one where she talked about ‘the corpse’).
There is avoidance, where the person can’t bear to think about the stress, and there are intense flashbacks, re-lived, - which can re-traumatise.
The narrative that we seek, and that helps bring calm and the ability to move forward, is neither of these. But to reach the good narrative the person will have to go through the detail of the traumatic event, and face the pain it causes them. They will have to be truthful. The therapist helps them do this incrementally, within a very safe environment. It does work, but it takes time - the greater the trauma, the greater the time.
This knowledge is useful to anyone recovering from a major stressful life event, but the reason I mention it here is in thinking about our two ex-defendants. Stepping aside for the moment from the flip-flopping judgement delivered, - what concerns me is whether and how healing is possible - for everyone.
There are so very many deeply disturbing aspects to this dreadfully drawn-out case, - most have been noted. But one that disturbs me most is that the ex-defendants have wound themselves up to delivering false narratives to the media circuses - to the point where they can’t now recant them without getting their respective knickers in a complete twist, knots that can’t be unravelled, nor make any sense.
As it is, it seems we have two ghosts who held down Meredith, where Guede was the third man.
My serious point here being that, for their own sakes if no-one else’s, the ex-defendants will need to tell a truthful narrative, in order to find any kind of reasonable and balanced functioning in their lives.
Quite simply, healing will not be possible unless they arrive at telling a truthful narrative in the way I touched on above - even if this is in confidentiality, to a therapist, - it will need to be done. It cannot be done in fiction.
If they do not go through the necessary steps in the process as outlined - instability, gross insecurity, and states of fear and anxiety will persist, and the trauma can and will always re-emerge unpredictably, and haunt and shadow their lives with flashbacks.
This process is well-known, and well-documented.
This site is primarily to support the Kercher family, who are the genuine, innocent victims of the most appalling trauma - one that has been selfishly drawn out by ruthless external forces, thus putting their own recovery in jeopardy, and causing great suffering.
They should always have been put first, but now, at this point in time, it is more vital than ever.
They will need, as all victims in recovery, to be able to make their ‘good narrative’. But they cannot fully do so without the truth - even if it has to remain just a sketch of the truth. I wish with all my heart they can find the whole narrative that they need - I do not know how at this point, with so much obfuscation abounding.
But I do not give up hope : healing can always arrive, for those with good will, and good hearts…so however long it takes, I have faith that it can, and it will.
Archived in The former defendants, Amanda Knox, Raff Sollecito, Crime hypotheses, The psychology, Pondering motive, The many hoaxes, RS AK normal hoax
Permalink for this post • Tell-a-Friend • Case Wiki • PMF Org Forum • PMF Net Forum • Comments here (37)