Category: N America context

After 6 Years Heavey Is Still Heedless Of His Errors Pointed Out Again & Again & Again

Posted by pat az




1. Overview of this post

Michael Heavey has a considerable record of interventions that seriously mislead.

He makes false claim after false claim after false claim. Often corrected, he heedlessly gravitates no closer to the truth.

This post corrects a misleading and dishonest letter from Heavey to President Obama copied to Congress of 16 May 2011.

1 Misleading interventions in 2008

During this year Heavey (then still a judge, though one who was merely elected - nothing compared to the rigorous process Italian judges must go through) sent three erroneous open letters (posted on the web and widely copied) to senior justice officials in Italy about the case.

TJMK posted on the errors in December 2008.

2 Misleading interventions in 2009

By way of interviews in the media, Heavey continued his campaign. He has claimed that his motives really are noble: in effect, Knox could have been his own daughter, though his daughter has distanced herself from this campaign.

3 Misleading interventions in 2010

One of the 2008 letters to Italy was sent on official judicial letterhead, as if he was speaking for the State of Washington. In 2010 the Washington State Commission on Judicial Conduct disciplined Heavey although it was only for an illegal use of the official letterhead, not for wrong claims.

The initial announcement was posted on here. The details of the charges were posted on here. The disciplinary penalty was posted on here.

4 Misleading interventions in 2011

In April 2011, one month prior to his misleading letter,  Heavey was a droning presence on a panel before an audience of 35 at Seattle University. His familiar talking points were again repeated.

It is cross-posted from my own website here.  Links to previous posts about Heavey on TJMK for the period 2008 to 2011 appear at the bottom of this post.

2. The 16 May 2011 letter to President & Congress

On May 16, 2011, Judge Heavey (now retired) apparently sent US President Barack Obama a letter regarding the Amanda Knox case. 

This document was retrieved from the King5.com news site under a search result for “Amanda Knox.” The subject of Judge Heavey’s letter was “Re: Failure of Rome Consular Officials to protect the rights of U.S. Citizen Amanda Knox.”

The new Heavey letter was written on letterhead “From the chambers of Judge Michael Heavey.” The address given is his house address.






The Judge charged that the State Department absolutely failed to look out for the rights of Amanda Knox. Nowhere in the letter does Judge Heavey actually address any of the evidence in the case.

Ten times in his letter, he charges consular officials failed to take action when they should have.

However, many of his points are false or misstate the events. In many instances, Judge Heavey is proven wrong by statements from Amanda Knox herself.

This letter, full of errors, was carbon copied to Members of Congress AND the Secretary of State (at the time, Hillary Clinton).

These mistakes would have known at the time Judge Heavey wrote his letter by using the interviews and documents available at that time.  This did not stop Judge Heavey from writing an error-laden letter to the President and Congress. These errors are detailed below.

Additional signatories to the letter (on letterhead from “from the chambers of Judge Michael Heavey”) include Friends of Amanda representative Thomas L. Wright, and author of “The Framing of Amanda Knox” Dr. Mark C. Waterrbury.






Judge Heavey had been admonished for using court resources and stationary as a part of his advocacy in the Amanda Knox case, as well as his public speeches while he was a sitting judge. 

The admonishment only covered the letters written to Italian court officials and prosecutors, using court stationary and court staff. The letter he apparently sent to Obama and congress was not included in the admonishment.

The following is a point by point review and rebuttal of the by-now admonished Judge Heavey’s Letter to President Obama and Congress

1. False brutal interrogation claims

The letter opens up with a summary of the argument- that this case was a prosecutor’s vendetta against Amanda Knox, and that her rights were violated, and Consular officials did nothing. The letter is arranged as a series of points, which are discussed below.

Judge Heavey writes: “Amanda Knox was arrested for the murder of her roommate after an all-night interrogation [...]. The Perugian Police denied her food and water, cuffed her on the back of the head, and, most importantly, prevented her from sleeping.”

However, Amanda Knox was not the one called into the station. Raffaele was; and they went right after having dinner!

A UK based paper had published the day before an article with quotes from Raffaele. Raffaele said he and Amanda went to a party on the night of the murder. Police were likely calling in Raffaele due to the conflicting stories.

Amanda’s “interrogation” didn’t start until at least 11pm. Police have testified she was offered food and water. She went to sleep after signing her second statement, at 5:45 am. There was a break between signing her first statement at 1:45 am and signing her second statement (after being warned by Dr Mignini to say nothing further without a lawyer) at 5:45 am.

Here is Amanda Knox:

“Around 10:30pm or 11pm Raffaele and I arrived at the police station after eating dinner at the apartment of one of Raffaele’s friends. It was Raffaele who the police called, not me, but I came with him to the Questura anyway while he was to be questioned for support, as he had done for me many times.” -Amanda Knox, letter to lawyers, 9 Nov 2007

“I signed my second “spontaneous declaration” at 5:45 AM [...]. I asked permissions to push two metal folding chairs together, balled myself into the fetal position, and passed out, spent. I probably didn’t sleep longer than an hour before doubt pricked me awake”¦ “  -Amanda Knox, Waiting to be Heard

To this day, Raffaele Sollecito has not corroborated Amanda Knox’s alibi in court.

2. False no-lawyer claim

Judge Heavey writes: “When a witness becomes a suspect, the police are obligated to appoint a lawyer”

Knox was not a suspect and the interview was merely a recap/summary session with someone who might have information as the defenses themselves agreed. Knox herself twice declined a lawyer before insisting on writing three statements out.

Prosecutor Mignini was interviewed by CNN ten days before Judge Heavey wrote his letter. In the interview, Mignini describes the questioning of Amanda:

“And thus her interrogation as a person informed of the facts was suspended by the police in compliance with Article 63 of the Italian Code of Criminal Procedure [c.p.p. - Codice di Procedura Penale], because if evidence appears that incriminates the person, the person being questioned as a person informed of the facts can no longer be heard, and we must stop. “Everyone stop! There must be a defense attorney [present]”. And thus the police stopped and informed Amanda” -

Prosecutor Mignini, CNN interview, May 6 2011 (Ten days prior to Judge Heavey’s letter)

Thus, it was known on national television in the US what the sequence of events was. This did not stop Judge Heavey from writing an error-laden letter to congress.

3. False no-recording claim

Judge Heavey writes: “Article 141 of the CCP requires that every interrogation of a person in custody (for any reason) must be fully recorded by audio or audiovisual means”

However, Amanda Knox was not in custody during her questioning on Nov 5th & 6th. She was not a suspect, and this was not a suspect interview. She merely eagerly listed seven names. She was only at the station because Raffaele was called:

“It was Raffaele who the police called, not me, but I came with him to the Questura anyway while he was to be questioned for support, as he had done for me many times. “

-Amanda Knox, Letter to Lawyers, 8 Nov 2007

4. False no-interpreter claim

Judge Heavey writes: “Amanda spoke little Italian, yet was not allowed to have an interpreter to assist her with understanding the questions put to her, the charges against her, or anything else.”

Two sources refute Judge Heavey’s point- official court records of the questioning, and Amanda Knox’s own statement on trial and in her book:

From Court documents

“...assisted by the English-speaking interpreter Anna Donnino” -Signed 1:45 AM statement.

“....assisted by the English-speaking interpreter Anna Donnino” -Signed 5:45 AM statement.

And from Amanda Knox:

November 2nd: “”¦they brought in an english-speaking detective for hours two through six.”  -Waiting to be Heard

November 4th: “AK: So, it seems to me that Laura and Filomena were there, but they had arrived with other people, while I was in the car with the police and an interpreter, that’s it.” -Trial Testimony

November 5th/6th: “The interpreter, a woman in her forties, arrived at about 12:30 A.M.” -Waiting to be heard

5. False vengeful prosecutor claim

Judge Heavey simply engages in a character assassination of Prosecutor Mignini:

“[...] Mignini was well known in Italy for a bizarre theory [...] under investigation for abuse of office [...] previously driven American journalist, Douglas Preston out of Italy[...]”

Judge Heavey, Dr. Waterbury, and FOA representative Thomas Wright conclude point five with:

“Consular officials knew Mr. Mignini was prosecuting Amanda Knox. They knew he had been charged with abusing his office. They knew of the bizarre theory that he pursued, from which the charges arose. They also knew he was under tremendous pressure to achieve some vindication to save face. Why did consular officials do nothing?”

The trumped-up charges against Prosecutor Mignini pursued by a rogue prosecutor ad rogue judge in Florence were overturned by the Florence appeal court and sacthingly roasted by the Supreme Court. Dr Mignini (now Deputy Attorney General for Umbria) was under no pressure at all. See this post here.

6. False satanic myth claim

Heavey and others raise the satanic ritual myth quoting Prosecutor Mignini as stating at the October preliminary hearing, “the crime was a sexual and sacrificial ritual in accordance with the rites of Halloween.”

The ONLY source for this quote is a defense lawyer for Sollecito who made it up. Judge Heavey then turns around and uses this metaphor himself:

“these and other statements should have shouted to consular officials that Amanda was a defendant in what had become a witch trial, being prosecuted by a delusional prosecutor. Why did consular officials do nothing?”

7. False US Embassy claim

Despite Heavey’s claims, US consular officials WERE monitoring the case, as revealed in FOI-released documents requested by journalist Andrea Vogt. She released these documents in a May 2013 post on her website.

This is clear: consular officials regularly visited Knox and tracked case developments. The following diplomats’ names appear on the cables: Ambassador Ronald Spogli, Deputy Chief   Elizabeth Dibble and Ambassador David Thorne, U.S. Embassy Rome.







The US Embassy cables that were released were dated: Nov, 07; Dec 08; Feb 09; May 09; Aug 09; Nov 09; Dec 09. No other documents were released.

Consular staff visited Amanda Knox on November 12 2007, and noted her lawyers had already visited with Knox.  The charges against Amanda Knox as stated by the US Embassy were:

  * Participation in Voluntary Manslaughter with aggravating circumstances of cruelty
  * Participation in sexual assault
  * Simulated robbery
  * Slander
  * Possession of weapons
  * Aggravated theft.

Over four years from late 2007 to late 2011 we estimate that the US taxpayer paid $400,000 for the Embassy’s monitoring of Knox.


Knox PR Puppet Michael Heavey Sends A Pretentious Letter To President Obama Copied To Congress

Posted by Our Main Posters


Elected Washington State county court judge Michael Heavey was recently reprimanded for sending a misleading letter on official letterhead.

Oddly, he seems to have done it again.  Click above to read the Open Letter from Michael Heavey to President Obama copied to members of Congress on what looks like official letterhead.

The Open Letter was dated 15 May but, unusually for an Open Letter, took some time to come to light. So far, we are seeing no official response. 

Perhaps not surprising. Any quick call to the Italy Desk of Secretary of State Clinton’s State Department will reveal that not one of the claims made is on solid ground and several very, very widely already shot down in flames.

In our usual helpful way, we too will shortly write an Open Letter to President Obama, with a copy to the State Department and the Congress (where a lot of people especially Italian-Americans already think the Knox campaign is a real crock) explaining precisely how each claim made by Mr Heavey is wrong.

For example in quick summary, the consular office found nothing out of order, zero interrogation of Knox as a suspect ever took place without a lawyer, Mr Mignini never came up with any bizarre theories not already out there and anyway Judge Micheli and Judge Massei settled on theories of their own, and Mr Mignini merely recommended to Doug Preston (who was foolishly attempting to mislead him) to go get a good lawyer who speaks Italian. Not to run squealing back to Maine. 

Previous posts on Mr Heavey’s many hapless and ineffective insertions of himself into the case can be read here.



Prominent Seattle Knox PR Puppet Michael Heavey Might Be About To Take A Fall

Posted by Peter Quennell




Michael Heavey was the Washington State judge who wrote several letters riddled with innuendo and wrong claims to judicial authorities in Italy in the second half of 2008.

These letters were ignored in Italy, and Michael Heavey soon piped down and disappeared. Then he wrote a further letter in August 2009 to the highest officials which was again riddled with innuendo and wrong claims.

Now he is back in the limelight for writing that second letter. In Seattle a complaint has been lodged, about the illegal use of his office to give a misleading aura to his letter.

1) This was our post at the end of 2008 when Judge Heavey first tried to interfere in the Italian judicial process on behalf of Amanda Knox. We pointed out just some of the things that Heavey had managed to get wrong.

2) This is the second open letter of August 2009 to the top officials in Italy (which was then ignored). .

3) This is the complaint lodged by the Washington State Commission on Judicial Conduct about his allegedly appearing to interfere “officially” which is a contravention of the oath of office, and so pretty serious.

4) This was the report on the complaint against Judge Heavey in the Seattle Times.

The Washington Commission on Judicial Conduct has filed a complaint against King County Superior Court Judge Michael Heavey, alleging he violated the state’s Code of Judicial Conduct for his support of Amanda Knox, who was convicted of killing her British roommate in Italy.

The alleged violations include writing letters on official court stationery to Italian judicial system officials on behalf of Knox, utilizing King County court staff to type the letters, and speaking publicly on the case “in an attempt to influence the proceeding,” according to the commission.

Judges may not, under the Code of Judicial Conduct, lend the prestige of judicial office to advance the private interests of others, the commission notes.

According to the commission, Heavey is required to file an answer with the commission within 21 days, unless the time is extended by the commission. Once the commission receives the judge’s response it will set up a public hearing on the allegations….

The 11-member commission is an independent agency created under the state Constitution to assure the integrity and independence of the judiciary. Members are appointed by the governor, judicial associations and the Washington State Bar Association.

This has to be rather chilling for other Knox PR puppets, if any, considering whether they too should interfere.


Knox PR Puppet Timothy Egan Gets A Splash Of Cold Water From A Respected Trial Lawyer

Posted by Peter Quennell


Seattle and Spokane are at opposite ends of Washington State.

Spokane is the second largest city in the state, some 280 miles to the east of Seattle, and it is nicely located and landscaped. These spectacular falls are just one block away from the downtown.

As our Seattle posters have been showing, a majority in Seattle seem to be settling now on some hometruths, such as that justice for Meredith has actually been rendered.

The “Knox framed by evil Italians” meme is looking like an imperiled species even there, where the PR campaign did its absolute darndest with the help of a large handful of Knox PR puppets.

Spokane seems to have brushed off the PR campaign almost entirely, and it has never ever seen a strong “framed” constituency emerge.

Now a highly respected Spokane lawyer, Bill Edelblute, takes on the many ill-informed claims of Seattle-based blogger Timothy Egan - claims which among others may have swayed Senator Maria Cantwell.

Unlike many of the absurdists who posted once and then clearly felt, well, absurd, Timothy Egan posted several times, increasingly strained and defensively. How his contemptuous attitude toward Italy paid off was described in our posts here and here and here.

Mr Edelblute posts eleven reality checks in response to Egan’s various claims. His article starts as follows - questioning the attempt to make Maria Cantwell, Hillary Clinton and even Barack Obama into the ultimate Knox PR puppets for the cause. 

U.S. Senator Maria Cantwell, D-WA, was “saddened” by the verdict convicting Amanda Knox of the murder of Meredith Kercher.  Her spokesman later issued another statement about the lack of a fair trial in Italy, and Cantwell appeared on television reiterating that the proceeding was unfair.  And, she was going to enlist Hillary Clinton, apparently believing fair legal proceedings mean outside influence is exercised by non-judicial authorities.

Why does an elected official in high office like Cantwell believe this, what is she going on?  One of the often cited sources for the “railroad” job are the articles by Tim Egan, a best-selling author living in Seattle, who did not attend the trial.  Is it this type of American journalism that Cantwell has swallowed, hook, line and sinker?

The proliferation of writers who casually attack the Italian justice system, and its treatment of the Kercher murder case, such as Tim Egan, also focus on the supposedly unfair press in Europe. Imitation must be the sincerest form of flattery. Egan’s articles attack the Italian news treatment of the case as being factually inaccurate and sensational. Where did they learn it, from the U.S.? Witness the O.J. Simpson case, etc. Ever watch the Nancy Grace show? Are the supermarket tabloids in the U.S. imported from Italy?

Egan is loose with the facts, and makes assumptions about an entire populace with no need for the tedious obligation to back it up with any logic or truth

Mr Egan of course is not a lawyer, and Mr Edelblute of course actually is. Here is Mr Edelblute’s entire article. It is well worth reading in full.


 

Click here for the rest


US Overreaction: State Department (Foreign Office) Rebuts Senator Cantwell’s Claims

Posted by Peter Quennell


If Senator Cantwell or her staff come by looking for something to convince them fast please read this.

The same people who set the hapless John Q Kelly up (he has never been heard from again since that post) seem to have set Senator Cantwell up too.

Now Agence France-Presse (AFP) reports that her precipitate involvement in the case seems to be hitting a brick wall.

WASHINGTON, USA - The US government said Monday it had no signs that a court in Italy failed to follow the country’s laws when it found American Amanda Knox guilty of the murder of her British housemate.

However, US Secretary of State Hillary Clinton will discuss the verdict with Senator Maria Cantwell, who said it raises ‘serious questions’ about the Italian justice system, Clinton’s spokesman Ian Kelly told reporters.

‘I don’t have any indications to the contrary,’ Kelly said when asked if Knox was treated fairly under Italian law. ‘We haven’t received any indications necessarily that Italian law was not followed.’

He added: ‘I do know that our embassy in Rome was very closely involved in this. They visited Amanda Knox. They have monitored the trial.’

Kelly said he preferred to limit comment as the legal process continues, recalling that Knox has the right to appeal in 45 days.