Category: Evidence & Witnesses
Problems With Fred Davies #2: His Claims On Knives, Wounds And Stains Also Highly Mislead
Posted by James Raper
Several of the numerous scientific witnesses; some evidence was behind closed doors
Overview Of This Post
Remember that Amanda Knox, a felon for life, served three years for framing Patrick for murder.
In my previous post I dismissed the claim which the British barrister FG (Fred) Davies pervasively made in Parts 1 to 20 of his mammoth series in Criminal Law and Justice Weekly that it was actually Guede and his team who had somehow framed Knox and Sollecito for a crime he alone committed and left all of Italian law enforcement bamboozled.
I now have Parts 21 to 26 as well, all of the series, and I wish to examine one more large area of cherrypicked facts and misinterpretations, along with Davies’s final conclusion.
First, Fred Davies’s Final Scenario
As anticipated, Davies concludes that Knox and Sollecito should only have been convicted of the charge of simulating a burglary. He presents his own synopsis of what happened on the night of the murder which has both Knox and Guede present at the cottage for the murder, but not Sollecito.
Davies says it is Guede who sexually assaults and stabs Meredith. Knox, unaware of what was going to happen is horrified and scared out of her wits, retreating to her bedroom and locking herself in.
Davies says Guede flees, ignoring or unable to do anything about the fact there is/was a witness to his horrific crime. When it’s safe to do so Knox emerges and meets up with Sollecito.
Davies says that Knox, fearing that if she went to the police she would only end up being accused of involvement in the murder, persuades Sollecito to be her alibi, and to stage the scene to point to a burglar, and Sollecito, being the Honour Bound sort of chap he is, agrees to go along with this. Once they both embark on this course of action there us no turning back.
I trust that you are all duly intrigued with Davies’s scenario and panting to learn how and why he arrives at it. Unfortunately this will have to wait until another day if it is to be from me.
He has, after all, taken 26 Chapters in half a year to get to this point and I am not yet ready to deal with them comprehensively. Others here may contribute posts and discuss implications with the Criminal Law editor.
Fred Davies On Knife Or Knives
Whilst I guess most comments are going to be about the above synopsis, I am going to deal with his thoughts regarding the knives, these being quite central to his synopsis.
My argument below is supported by numerous previous posters none of whom differed markedly from Massei or Nencini.
Davies in contrast is sharply critical of Massei. He simply excludes the Double DNA knife (Exhibit 36) as the murder weapon.
He is also critical”¦.nay, I would have to say that he is outraged”¦. at Massei holding that Sollecito was responsible for the lesser of the two wounds, that on the right side of Meredith’s neck. He is critical of Micheli for not finding, as a matter of fact, that Guede was the one responsible for the wounds, using his own knife which has yet to be recovered.
Without more ado I will proceed to Mr Davies’ evaluation:
“The finding against Sollecito that it was he who inflicted two of the three wounds to Meredith Kercher using a pocket knife which was in his possession at the material time is deeply flawed, offensive and wrong in law”
Well, I was unaware that Massei had found that Sollecito inflicted two of the three wounds. In fact I am not aware of three wounds (unless he includes what is effectively a nick) , but if there were then Massei only attempted to attribute two, the one to the right of the neck, 4 cms deep and with a width of 1.5 cms, being attributed to Sollecito’s “pocket knife”.
It did not cause any significant structural damage, unlike the wound to the left, 8 cms deep and 8 cms wide which had penetrated both Meredith’s larynx and the cartilage of the epiglottis, and had broken the hyoid bone.
Is the rest “deeply flawed, offensive and wrong in law”?
“It could not have been part of the prosecution case that Sollecito used a pocket knife to subdue and stab Meredith Kercher. If it had why was Sollecito and/or Knox not charged with carrying the said pocket knife without justified reason? To recapitulate,, the charge alleged that the killing was achieved by means of”¦”¦”¦”¦.and deep lesions to the left anterior-lateral and right lateral regions of the neck, caused by a bladed weapon (Exhibit 36).
The Massei Court’s finding strikes against basic principles of fairness which applies to all criminal proceedings. Put another way, a criminal court is not generally entitled to bring in a verdict which differs markedly from the basis on which the prosecution puts it’s case. This is because the defence would not be able to adequately prepare and meet such an unexpected contingency. In plain English the defence would be ambushed or taken by surprise. In this case the defence was ambushed and the defendants’ rights (Knox and Sollecito) were fundamentally infringed.”
Oh come on! Ambushed? Really?
OK, so the charge did indeed indicate that that both the right and left sided wounds were caused by “a bladed weapon to which Chapter B applies” (Exhibit 36) but the reality is that the defence always knew that Exhibit 36 (because of it’s dimensions and in particular it’s width 4cms from the tip) could not have been the cause of the wound to the left anterior lateral. That’s a matter of simple logic and in any event every expert and all the lawyers in the case agreed on that.
So the way the charge was erroneously framed in fact misled no-one.
Indeed had the defence thought so then they could have raised the matter. Mr Davies does not claim that Massei did not have the power to amend the indictment. If the court was unable to, or the defence chose not to raise it, either way thinking it was a clever appeal point, then it did not become one.
Indeed, Mr Davies will know anyway that in English law, by virtue of The Indictments Act 1915, courts can (and frequently do) order an amendment to an indictment at any stage (which includes during a trial) provided the amendment does not result in an injustice to the accused. This is a practical necessity as it would be an affront to the concept of justice if defendants were to be acquitted on the basis of a mere technicality.
One might consider what amendment might have been made.
A possibility is that reference to the right-sided wound might have been excluded. It was the left-sided wound that was fatal, after all, and caused, as the prosecution would endeavour to prove, by a weapon which, as it happened, belonged to Sollecito.
The prosecution did, of course, maintain that it was Knox who wielded the weapon, but might, as an alternative, have also asserted that it was Sollecito. Indeed the framing of the charge leaves it an open question as to which of them did. They were charged jointly with having caused Meredith’s death.
The evidence that it may have been either (AK or RS) is a common feature of cases to which the English legal doctrine of joint criminal enterprise applies.
The doctrine applies particularly to a case such as this in that no matter who actually wields the weapon the other participant in the common enterprise is deemed to possess the same level of criminal liability even if he did not know that there was a knife or that it would be so used. Being reckless as to that possibility is sufficient.
It is surprising how often how little is required to establish joint enterprise. Frequently the mere fact that the participants know each other and were there, and that the situation was a combustible one of the group’s making, is enough. The doctrine has come in for a great deal of justified criticism but despite this remains firm law.
My preference would have been to amend the indictment to refer to the right sided wound being caused by a bladed weapon, the blade being of indeterminate length but with a width of approximately 1.5 cms. It is the width of the wound that is salient because it is indicative of the width of the blade on the knife being used which, whilst also being indicative of the likely length of the blade, but without being sure, could be either a pocket knife (4 cms or more) or a flick knife (which could also be a pocket knife). 1.5 cms is about the width of the tip of one’s index finger, by the way.
Massei, and others, always refer to this knife as a pocket knife. However henceforth I am going to write “pocket knife” to refer to the options of a pocket knife with a blade of 4cms or more, or a flick knife.
As to Mr Davies other point as to why Sollecito was not specifically charged with carrying a “pocket knife” without justified reason, I do not know, but since the framing of charges is a matter for the prosecution, one might as well leave the matter there.
In any event the lack of a specific charge does not in any way preclude a court from inferring the nature of a weapon from the pathology of the wound nor from identifying the probable assailant (as distinct from having to prove beyond a reasonable doubt the culpability of a single perpetrator named in a specific charge of “carrying”).
Guede did not ever face a specific charge of carrying a weapon but that does not prevent Mr Davis from concluding that Guede had a knife and had stabbed Meredith. It seems that Mr Davies would have been quite happy for Guede to have been so charged and convicted on Professor Vinci’s (see later) dubious testimony.
In this last respect, however, Mr Davies could have more telling argument. Lets see.
“To infer that Sollecito had a pocket knife at Via della Pergola 7 on the fateful evening of November 1-2, based on the character evidence of four witnesses called for the defence, was to say the least highly unusual..”
I think the operative words here are “witnesses called for the defence”, amongst whom was Sollecito’s own father. Yes, highly unusual but then that is what happens when you do not vet your own character witnesses before cross-examination.
Sollecito’s proclivity for carrying a knife (usually a pocket knife) at all times (and indeed he had one on him at the time of his arrest in the Police Station) is highly relevant. These witnesses referred to a knife with a blade of about 4 cms, or perhaps 6 cms.
In addition Sollecito was something of a knife aficionado. The police found two specialist knives, a Spiderco and a 2004 model Brian Tighe. Neither of these can be connected to Meredith’s wounds but they are indicative of his affinity to weapons specifically designed to be used in a fight to maim or kill. Clearly a flick knife falls into the same category.
As to proclivity evidence against Guede one can refer to his brief possession of a kitchen knife acquired at and belonging to the Milan nursery (which he did not break into, he had been given a key).
There is, of course, Tramontano’s dubious claim (angrily dismissed by Micheli even though Guede was never given the chance to challenge this in court) that a black man broke into his property and, confronted by Tramontano, had pulled out a flick knife as he exited. Tramontano tried to claim the burglar was probably Guede based on a photo of him he had seen in a newspaper. If it really was Guede he was not carrying that knife with him at the Milan nursery 8 weeks later.
“Even if Sollecito was present at the scene of the crime (as distinct from being complicit), the court could not have been sure that any “pocket knife” in his possession, which incidentally was never recovered, had inflicted all or some of the injuries, the most cogent rationale being:
1. The prosecution could not prove the dimensions and the character of the knife were consistent with the injuries inflicted upon Meredith Kercher.
2. The Court paid scant regard to the totality of expert opinion as to the type of bladed weapon (or weapons) which had been used to stab the victim
3. The Court paid scant regard to the dimensions of a bloody outline of a knife found on Meredith’s pillow
4. Consequently the Court could not have been sure that any pocket knife and, a fortiori, exhibit 36 had been used to stab Meredith that fateful night.”
As to 1 above, we know that no suitable weapon was ever recovered but if the indictment had been amended in accordance with my preference then the prosecution would easily have proved that part of the indictment, relating as it does to the wound on the right side of the neck.
It is a reasonable inference on the balance of probabilities that the wound was caused by a “pocket knife” and if one accepts the presence of multiple attackers (which I understand is a judicial truth in the case even following the latest acquittal of Knox and Sollecito) then, again on the balance of probabilities, and taking into account all the other circumstantial evidence in the case, I submit that it is a reasonable inference that it was Sollecito’s “pocket knife”.
The bar of “beyond a reasonable doubt” applies to culpability re the specified charge and is not to be confused with the elements.
As to 2, this simply is not true. I shall look at the totality of the expert opinion in a moment but suffice it to say that Massei spent a considerable amount of time in his Motivation detailing with and discussing the defence experts’ opinions.
As to 3, (and it was not on the pillow but the bedsheet) it was Professor Vinci’s contention that the bloody outline (there was a dual outline, he said) was left by a knife with a blade 11.3 cms long or a knife with a blade 9.6 cms long with a congruent section of handle 1.7 cms long (9.6 + 1.7 = 11.3). Davies does not mention a blade width but in fact Professor Vinci actually says 1.3 to 1.4 cms wide.
Taking these measurements as read, Davies points out that they are incompatible with either a pocket knife (such as Sollecito had a proclivity to carry) and Exhibit 36. I have no argument with that observation. It follows, he then argues, that one has to infer the presence of a third knife in any hypothesis and if a pocket knife and Exhibit 36 are already accounted for by Knox and Sollecito then a reasonable inference is that the third knife would have to be Guede’s. Indeed (Davies does not say this, but I will) Professor Vinci’s blade is not incompatible a priori with either of the two wounds.
This is worth looking at seriously as so far it is the only worthwhile point Davies has made.
First of all I have to say that I have searched for but have not found any rebuttal evidence or comment from the prosecution amongst the documents on the Wiki. I do not even see a question on the matter in the cross-examination of Professor Vinci.
Massei only briefly commented about the bloody outline on the bed sheet. He opined that the blood stains were certainly “suggestive” but insufficient to establish any clear outlines from which reliable measurements could be established. Clearly then he did not accord any reliability to Professor Vinci’s measurements. But is Massei right? One does not have to be an expert to consider this.
First of all, here are images of the blood stains.
In the picture below the stained section of sheet is cut out for analysis the day after the discovery of the murder.
Did the prosecution overlook their own analysis of the stains? Did they deliberately do so after Exhibit 36 was found, 9 days later on the 12th November, to have Meredith’s DNA on it? Or did they always know that the stains established nothing?
The next question to be asked is whether we can see the outline of a knife, or rather a blade. I think the honest answer to that is, on balance, yes. We think we see the tip of a blade, do we not? Maybe two, maybe even three.
It is fairly clear that Professor Vinci takes the largest of the stains to be the hilt of the handle to the knife. Lining that up with what is perhaps the likely clearest possible perceived blade tip (being the middle out of a possible three I believe I see) then the distance to the perceived hilt is indeed something like the 9.6 cms which Professor Vinci has measured.
But there are problems. Here are two of Ergon’s photos from his posts here and here with Exhibit 36 superimposed on the stains in two different positions to reflect the supposed dual outlines.
The blob of blood in the bottom left of the pictures and it’s lesser moon at 1, or 2, o’clock are regarded as having come from the same position on the blade and so with that reference point the blade is positioned accordingly in each photo.
We can surely take it that Professor Vinci also sees the same duality. But if the bloody hilt is aligned to fit with “the moon” stain in order to get the 9.6 cms measurement, then what has happened to that large hilt stain when the knife is moved further to the left, and then dropped a bit, to align to the moon’s planet (the blob)?
It has either disappeared or become an edge. That doesn’t make sense if “the moon” is the lesser version of the blob. The blob has to come from the first positioning of the knife. Despite this, in the knife’s later position the volume of blood at the hilt has actually increased comparative to the knife’s first position. That doesn’t make sense either.
So maybe the largest stain pre-exists, even for perhaps a moment, the stains suggesting the blade outlines, but in that case we can throw Professor Vinci’s measurements out of the window.
Can we do without the blob and it’s moon? It’s all a lot less convincing without them. But in truth we cannot even be sure that they are related. Nor that the largest stain has anything to do with the hilt of a knife.
A further connected observation concerns Professor Vinci’s claim that the blade of the knife is 1.3/1.4 cms wide. Like the rest of his evidence I do not find this very convincing. I suspect that he has deduced this from the largest stain which has a length, he says, of 1.7 cms. It’s width could then be something like 1.3/1.4 cms.
If the width of the knife is represented by approximately 1.4 cms then, given the position of the bloody hilt relative to the tip of it’s blade, what are we to make of the two spots of blood in a horizontal line above? They look like the upper (or lower) edge of a knife but they can’t be without making the blade wider.
Why does it have to be the same knife anyway? The stains could be the result of two different knives collected and laid to rest in the same spot.
The blood stains are certainly bewitching - rather like seeing patterns in tea leaves at the bottom of one’s cup - but on the balance of probabilities I would not totally rely on anyone’s perception of them even, with all due respect, Ergon’s but his analysis is as good as anyone’s, and that for me is the point of it.
In short I think that Massei was probably right. These stains are suggestive but basically useless and the police/prosecution ignored them for that reason.
“Consistent with English law the Massei Court’s findings should be struck down as Wednesbury unreasonable. Where there is no evidence to support a finding of a court or the court has reached a conclusion which is irrational or perverse, in the light of the evidence adduced at trial, a conviction based on that part of the evidence cannot be sustained”¦”¦”¦.The Massei Court also appears to have violated Article 6 of the European Convention on Human Rights (the right to a fair trial),”
Yeah, right. The case to which he refers, Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1KB 223, is an odd and unnecessary one to pray in aid. It was a civil case where the appellant sought judicial review in respect of a licencing decision. As a formulation of a first principle of natural justice it is, of course, unquestionable. However the claim that Massei reached a conclusion that was irrational or perverse is laughable.
It is at this point that one does begin to wonder whether Davies is indeed connected in some way with the daffy Nigel Scott (Sollecito”˜s ex Lib Dem Haringey Councillor groupie) who similarly emerges with bizarre arguments.
Next, in his evaluation, we come to a numbers game as to who was for and against the incompatibility of Exhibit 36 with the fatal wound on the left side, but before I enter into that game I want to make a point about incompatibility.
A knife blade is only incompatible with a wound if the depth of the wound is longer than the length of the blade or if the width of the wound is shorter than the width of the blade at the relevant depth.
We can therefore establish that Exhibit 36 was not incompatible, a priori, with the depth of the wound. The blade on Exhibit 36 was 17. 5 cms long and the depth of the wound was 8 cms.
Yes, I know that other arguments as to incompatibility were advanced based, in the main, on these measurements. These Massei logically deconstructed. In fairness to Mr Davies he did not advance them in his evaluation and so neither shall I.
I would also have to concede that Sollecito’s “pocket knife” is not incompatible a priori with the wound on the left side nor, even if it”˜s length of blade was over 4 cms, with the wound on the right. Nor Professor Vinci’s knife either.
The same is true of the width of these knives.
It should however be recalled that the width of the right-sided wound was also 8 cms. That is over 5 times the width of the “pocket knife”. The width of the blade on Exhibit 36 - 8 cms from it’s tip - was twice the width of the blade on the “pocket knife”.
This fact, and the robustness of the larger weapon, particularly with regard to the observed butchering at the base of the right-sided cut, makes Exhibit 36 a far more likely candidate, in my submission, than a “pocket knife”, and that’s without taking into account Meredith’s DNA on the blade.
Returning to our numbers game, Mr Davies puts it slightly differently from Massei. He says -
“And if that were not enough, of the 8 experts who gave evidence on the point, two (Dr Liviero and Professor Bacci) opined that Exhibit 36 could have caused the fatal wound to Meredith’s left side. Professor Norelli could not rule out Exhibit 36. Professor Ronchi’s opinion is not clear due to the use of the “double negative” (non-incompatibility) - it will be assumed that he supported the prosecution contention, but in any event al the remaining four experts, Professors Introna, Torre, Cingolani and Dr Patumi) opined that Exhibit 36 could be ruled out.”
In other words a draw but one of the prosecution experts is a bit “iffy”.
Massei tells us that Dr Liviero concluded “definite compatibility”, Dr Lalli and Professors Bacci and Norelli “compatibility” whilst “non- incompatibility” came from the 3 GIP experts nominated at a preliminary hearing. The latter were Professors Aprile, Cingolani and Ronchi.
“Non-incompatibility” is not hard to understand. It simply means not incompatible or rather, compatible.
Note that Mr Davies has Professor Cingolani lining up to exclude Exhibit 36. Massei disagrees and I agree with Massei. So, for what it is worth (and this is a bit childish I know) Mr Davies loses the game 7 - 3.
“And one final thought. If the defendants (Knox and Sollecito) were sufficiently compos mentis to dispose of the pocket knife “¦. Why did they not dispose of Exhibit 36? By a process of deduction and logical synthesis the answer is plain for all to see: Exhibit 36 never left Corso Garibaldi and was not the murder weapon “
Because it was on his landlord’s inventory of kitchen items? Indeed we don’t know for sure that the “pocket knife “was actually disposed of. All we know is that it was not identified and recovered by the police.
And In Conclusion
This is the second of my posts involving Mr Davies. I may not be disposed to do any more. I have to say that although he certainly provided some food for thought on this one, I have not been impressed with his analysis in the topics I have covered so far.
Others here have been tabulating other factual errors and forced arguments and as I mentioned at the start we may see them carry this a bit further.
Problems With Fred Davies #1: Did Guede’s Separate Trial REALLY Impact Negatively On RS And AK?
Posted by James Raper
1. Summary Of The Complaints
I want to write about the separate trials of Guede on the one hand and Knox and Sollecito on the other.
This feature has often been criticized by the apologists for Knox and Sollecito, and I was surprised to learn just recently that their gripe seems to have some support in learned establishments in the UK! Ahem.
The gripe concerns the Fast Track trial of Rudy Guede, and the consequent Supreme Court confirmation of his conviction, with the apologists arguing that these had an adverse and unfair effect upon the proceedings in which Knox and Sollecito were involved. It is based on the simple fact that Guede chose to be tried separately, this being seen as an unfair complication for the administration of justice in the Italian justice system.
There are a number of complaints that the usual apologists have regarding the separate trial of Guede. Most of these are in fact fantasies as I will address.
These complaints, or constant refrains, which some apologists fondly thought could form the basis of a complaint to the European Court of Human Rights in due course, can be summarised as follows -
1. That the proceedings concerning Guede established various tenets the most important one of which was the multiple attacker scenario, and that this unfairly affected Knox and Sollecito bearing in mind that their defence was based on the Lone-Wolf scenario.
2. That the evidence in the Guede proceedings could never be effectively challenged by the Knox and Sollecito camps.
3. That, in consequence of which, Knox and Sollecito had virtually already been convicted by the judiciary by the time of their own trial.
4. That Guede was allowed to give evidence against Knox and Sollecito at both his own trial and at the Hellmann appeal hearing without effective cross-examination. Had this been the case the defence would likely have exposed and demonstrated his sole responsibility for the murder of Meredith Kercher. Indeed had he been tried together with Knox and Sollecito this could well have happened at the Massei trial.
5. That Hellmann was right to give no probity value to the content of Guede’s sentencing and the subsequent annulment unfairly allowed material that was prejudicial for the aforesaid reasons into the Nencini Appeal.
6. That Guede was induced into electing for a separate trial with the promise of a reduced sentence should he be convicted - this being to prosecution’s advantage re the case against Knox and Sollecito.
2. How Overall The Complaints Are Wrong
I think that we know what fast-track is by now, so I will not dwell on that. Guede’s trial was over relatively quickly. It lasted a month and likely consisted of about 3-4 hearings. There were just a few witnesses called.
The judge, Micheli, in addition, dwelt on all the evidence in the investigative file including witness statements and forensics. This was because Guede was charged with murder “in complicity with others” and because Micheli also had to make the decision whether or not to commit Knox and Sollecito to stand trial as the other accomplices.
Before I address whether or not there could be any justification at all for the apologists’ above complaints I would like to mention that learned quarter to which I referred at the outset.
I recently stumbled (with the help of the apologists’ website) across the Criminal Law and Justice Weekly website.
I was surprised to learn that various articles had been appearing on it under the heading of “The Brutal Killing of Meredith Kercher - A critical examination of the trials and subsequent appeal hearings of Rudy Hermann Guede, Amanda Marie Knox and Raffaele Sollecito.”
Lexis Nexis ( publishers and distributors of legal material to the legal profession in the UK) describe Criminal Law and Justice as”¦.”the leading weekly resource for criminal law practitioners and all those working within the courts and criminal justice areas.”
The articles are by an F. G Davies, described as a Barrister and listed in Anthony and Berryman’s Magistrates Court Guide as a Deputy Justices Clerk, North Cambridgeshire, in England. He is also a contributor and specialist editor to Justices of the Peace Law Reports.
Online image associated with an annual legal-fees guide which FG Davies edits
Here are two quotes I picked out relevant to this post about separate trials.
“This supports the writer’s contention made earlier that the holding of separate trials for co-accused was wrong in principle and law because the prosecution were alleging that at all three defendants committed the crime acting in concert”
And:
“It provided Guede with a golden opportunity to minimize his part in the attack upon and murder of Meredith Kercher, loading the blame on to Knox and Sollecito who, by this time were suspected to be chief architects of the attack.”
It is of course perfectly true that in the anglo-saxon world Guede would not have had the choice to elect for trial separately from his co-accused. It might have made for a very interesting trial for everyone concerned if he had stood trial together with Knox and Sollecito, but for reasons I will explain later I doubt it, or that Knox and Sollecito would have gained any advantage from it.
Indeed separate trials had rendered a very specific advantage to the Knox and Sollecito camps in that Guede had already been convicted when Knox and Sollecito stood trial, a fact that their PR campaign and followers have drilled home at every conceivable opportunity.
But what on earth does it mean to say that “the holding of a separate trial [for Guede] was wrong in principle and law”? .
Whose law? Whose principles? Just how deeply does the Deputy Justices Clerk delve into the respective systems of justice (and particularly the Italian one) for a comparative evaluation?
Certainly on the basis of a quick read of his articles I would say that he hasn’t delved very far at all. In fact I will go further and say that despite that he is capable of a detailed review of various aspects of the case he pretty much shares the same hostility and concerns based upon parochialism and ignorance to be found on the usual apologists’ websites.
So I will try to put him and the apologists right on how the Italians cope, as a matter of law, with any evidential difficulties that separate trials can throw up.
However, let’s start first with the assertion that the fast-track trial “provided Guede with a golden opportunity to minimize his part in the attack upon and murder of Meredith Kercher, loading the blame on to Knox and Sollecito”? Is that true?
Guede admitted that he was present at the scene of the murder and he has always minimized his part in the attack, in fact denying that he had any part. This is all to be found in his statements pre trial. He would have minimized his part even if he had been tried with his co-accused and had given evidence. Given that he was not believed anyway, it is difficult to detect wherein lies the golden opportunity of a fast track trial.
It is also difficult to envisage what cross examination formula (and the point of it) would have been available to the Knox and Sollecito defence teams as to Guede’s minimal role or otherwise given that Knox and Sollecito maintain that they were not there and thus are hardly in a position to dispute Guede”˜s version.
Did Guede load the blame onto Knox and Sollecito? The answer to that is that he did directly implicate Knox but not Sollecito. Again this is all to be found in his pre-trial statements and interviews with the police and investigating magistrates. Whilst on the toilet he had heard the doorbell ring, Meredith call out “Who is it?” and later say “We need to talk” followed by another woman’s voice, which he thought was Amanda, replying “What’s happening?” He had also claimed to have seen, through Filomena’s bedroom window, a female figure with flowing hair and had recognised the shape as being that of Amanda Knox.
It might be useful at this point just to pause and remember when Guede could have been cross-examined on this by the Knox and Sollecito defence teams.
Guede was called to give evidence during the Massei trial but declined to give evidence. Not surprising given that he was appealing his own conviction at the time. This was heard two weeks after the conclusion of the Massei trial.
He then appeared at the Hellmann trial by which time he already had a definitive conviction. On this occasion he did respond to questioning and I shall look at this a little later.
3. The Specific Mistakes In Each Complaint
Let us return now to the apologists standard refrains as I listed them at the beginning.
1. That the proceedings concerning Guede established various tenets the most important one of which was the multiple attacker scenario, and that this unfairly affected Knox and Sollecito bearing in mind that their defence was based on the Lone-Wolf scenario.
One might also add the staged break in and some others as well which were all considered by Micheli and endorsed by Massei.
However as at the conclusion of the Massei trial Guede’s first appeal was still extant and the Supreme Court’s definitive reflections on the multiple attacker scenario were still a year off. Nothing had been written in stone at that point. If the multiple attacker scenario became a tenet of the case then it would be more accurate to say that it became so because of Massei joining up with Micheli.
But let’s also take in the second refrain to consider alongside the first at this point.
2. That the evidence in the Guede proceedings could never be effectively challenged by the Knox and Sollecito camps.
This really is pretty rich. So what? Knox and Sollecito were not on trial there. And what to make of the Massei trial which of course is when Knox and Sollecito then wheeled out their big guns; the expensive lawyers and experts in telecommunications, forensic pathology, forensic DNA, ballistics and footprint analysis?
The Massei trial may have taken its time but it was nevertheless (unlike Guede’s trial) a full blooded adversarial trial of first instance, lasting a year, with the prosecution producing each and every one of it’s witnesses for rigorous cross-examination by the defence.
It was Massei that confirmed the multiple attacker scenario on the basis solely of that evidence and with scarce a mention of Guede’s sentencing report. It is lame to argue that Massei was in any way constrained by Micheli’s reasoning on the matter though his judgement was indeed available.
However Massei did make the following observation -
“”¦”¦the reconstruction of the facts leads to the unavoidable conclusion that he (Guede) was one of the main protagonists (writer’s note: no concession to Guede’s chances on appeal, then?); thus it is not possible to avoid speaking of Guede in relation to the hypothesised criminal facts. The defence of the accused in particular have requested the examination of texts concerning only Rudy, and have demanded the results, specifically concerning Guede of the investigative activities carried out by the police in particular. In fact they have expressly indicated Guede as being the author, and the sole author, of the criminal acts perpetrated on the person of Meredith Kercher.”
So here we see the defence making the running on Guede (without Guede being present as a co-accused to dispute anything) to include any and all evidence as to his alleged criminal background with the precise purpose of bolstering the Lone Wolf scenario, all of which was duly evaluated by Massei.
[One might think, in addition to the above, that Guede would have had cause to complain about the indictments for Knox and Sollecito, in that both were indicted, and subsequently convicted, with the crime of murder “in complicity with Rudy Hermann Guede”, although he still had two appeals left and theoretically (though not realistically) it was still possible for him to be acquitted of the crime. However the drawing up of indictments in separate trials, and how the judiciary would deal with an outcome such as above (which I don’t think would be difficult) would be a topic for another discussion.]
3. That, in consequence of which, Knox and Sollecito had virtually already been convicted by the judiciary by the time of their own trial.
This is so lame by any objective standard, but it is amazing just how often this particular drum is beaten. However our Deputy Justices Clerk would probably subscribe to this. He develops an argument akin to this which he terms the Forbidden Reasoning (echoes of Preston’s “The Forbidden Killer”?) which is basically that Micheli made a number of errors which were then compounded in subsequent hearings.
4. That Guede was allowed to give evidence against Knox and Sollecito at both his own trial and at the Hellmann appeal hearing without effective cross-examination. Had this been the case the defence would likely have exposed and demonstrated his sole responsibility for the murder of Meredith Kercher. Indeed had he been tried together with Knox and Sollecito this could well have happened at the Massei trial.
The evidence that implicated Knox I have already mentioned. It is not entirely decisive in that it is not a solid ID of Knox at the crime scene. At the Hellmann appeal Guede added this in an exchange with Knox”˜s lawyer -
DEFENSE ATTORNEY DALLA VEDOVA””And therefore, Mr. Guede, when you wrote verbatim that it was a “horrible murder of Meredith a lovely wonderful young woman, by Raffaele Sollecito and Amanda Knox” what do you mean exactly? Have you ever said this?
WITNESS””Well, I”¦ this, I’ve never said it explicitly, in this way, but I’ve always thought it.
DEFENSE ATTORNEY DALLA VEDOVA””And so, it’s not true.
WITNESS””No, it’s very true”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦.............. So if I wrote those words it’s because I’ve always had them inside of me. It’s not up to me to decide who it was who killed Meredith, in the statement that I made in my trial, I always said who was there in that home that damned night, so, I think I’m not saying anything new”¦”¦
In another exchange, this time with Bongiorno, Guede makes it clear that he is not planning to answer any further questions about what happened that night but this is because he has already stated (statements and recorded interviews etc), and stands by, all that he has to say about it. Thus all that is taken into evidence perfectly properly. The matter is then left to rest by the defence.
Indeed it is difficult to conceive what further effective cross-examination could have occurred in this situation because clearly Guede would have responded with exactly the same answer each time.
The above exchanges also show just why it is unlikely that there would have been any fireworks had Guede been tried with his co-accused.
Guede would not have been obliged to give oral testimony any more than were Knox and Sollecito and in the event that he had done so (and I think it would have been in his interests to do so) his evidence would not only have been the same but it would have been subject to the same limitations, which would have been zealously protected by his lawyers, that had protected Knox when she gave oral evidence.
On due consideration it might have been a somewhat tetchy affair for the lawyers but it would not have been in the interests of any of the respective teams of lawyers for there to have been any surprises such as Guede moving from beyond what he had already said in pre-trial statements to a solid ID of Knox from the witness box. That wouldn’t have particularly helped Guede as it would have affected his credibility even further. They all had prepared positions to protect and Guede’s presence would be neither that much of an added threat nor an advantage for Knox and Sollecito.
5. That Hellmann was right to give no probity value to the content of Guede’s sentencing and the subsequent annulment unfairly allowed material that was prejudicial for the aforesaid reasons into the Nencini Appeal.
Now we are into the law, Italian law that is, and how it coped with separate trials of co-accused.
By this time Guede’s conviction, remember, had been ruled as definitive by the Supreme Court.
This is what Hellmann said about that -
“”¦”¦. in truth, this judgement, acquired pursuant to article 238 and so utilisable under the probative framework only as one of it’s evaluative elements pursuant to article 192.”¦”¦”¦”¦”¦.. already appears in itself a particularly weak element, from the moment that this judgement related to Rudy Guede had been carried out under the fast track procedure.”
It will be useful to consider some of Prosecutor-General Galati’s observations in the prosecution’s appeal submission and we can do this because the Supreme Court agreed with him.
This is what the Supreme Court said -
“The submission on the violation of article 238 “¦”¦.is correct. Even though (Hellmann) obtained the final judgement pronounced by this court against Rudy Guede, after properly considering that the judgement was not binding, it has completely “snubbed” the content of the same, also neutralizing it’s undeniable value as circumstantial evidence on the presupposition that it’s profile was particularly weak, since the judgement was based at the state of proceedings without the enrichment acquired as a result of the renewal of the investigations hearing arranged on appeal, In reality, the court was not authorised at all, for this reason alone, to ignore the content of the definitive judgement.”
The enrichment referred to would of course have been the Independent Expert’s evidence (subsequently debunked by Nencini) and the Supreme Court also added that in any event article 238 was not impaired at all by the fact that the first instance trial was fast track.
At the end of the day this was just poor argument by Hellmann but it was symptomatic of the many flaws that underlay much if not all of his reasoning for acquittal.
More importantly for me and in addition to the foregoing the Supreme Court delivered a withering criticism of Hellmann’s understanding of circumstantial evidence and how to evaluate and treat it in its broad spectrum.
However, how can and what elements contained in the separate trial of one co-accused have any probative weight in the trial of the others?
Prosecutor-General Galati puts it like this. The Supreme Court’s rulings -
“have now settled definitively regarding the interpretation according to which finalised judgements can be acquired by the proceedings, as provided for by the indicated law, but they do not constitute full proof of the facts ascertained by them, but necessitate corroborations not differing from the declarations of the co-accused in the same proceedings or in a connected proceeding”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦”¦......
Naturally this confirmation is not directly used for the purpose of proof but as corroboration of other circumstantial pieces of evidence or of evidence already acquired, not very different from what happens when declarations of collaborators with justice corroborate each other.”
In the event the only material from Guede that really seems to me to have hitherto been extraneous to the first instance trial of Knox and Sollecito was the inclusion at the Nencini appeal of Guede’s partial ID of Knox at the scene and his evidence as to Meredith’s missing money, which were corroborative of elements of evidence that had appeared at the Massei trial; in the case of the missing money for instance, the missing credit cards and Filomena’s testimony that at a meeting shortly before both the murder and the day the rent was due Meredith had told her that she had the cash to hand and was prepared to hand it over there and then.
No such money was found at the crime scene. One suspects that these two elements would have been more prominent at the Massei trial, and have been motivated more attentively, had the three been tried together. In the event Guede’s partial ID of Knox was not even mentioned by Massei and Knox and Sollecito, in the absence of any evaluation of Guede’s evidence, were acquitted (not even motivated at all in fact) of the charge of theft in relation to the money and the credit cards.
Given the foregoing I would argue that Knox and Sollecito derived an advantage rather than a disadvantage from the separate trials.
Furthermore I would argue that the material from Guede’s separate proceedings was not particularly damaging given the overall context of the evidence already directly available from the trial of Knox and Sollecito (which received some but in truth did not require much corroborative confirmation from Guede’s separate trial) and which in itself was sufficient to found a verdict of “beyond reasonable doubt”, but it did supply some useful insight into a motive when of course Hellmann had found none and Massei had supplied a rather improbable one.
6. That Guede was induced into electing for a separate trial with the promise of a reduced sentence should he be convicted - this being to prosecution’s advantage re the case against Knox and Sollecito.
Needless to say this is what you get from desperate and deluded minds. Guede’s lawyer has explained why his client took his advice and the decision was perfectly rational and in Guede’s interests. Guede was entitled to a third off his sentence from choosing fast track though I am no fan of that. Furthermore I have explained why no particular advantage accrued to the prosecution from this choice other than that it probably foreshortened the time that a full trial of the three would have taken.
The Sollecito Trial For “Honor Bound” #5: Gumbel Just A Defamatory Anti-Italy Shill?
Posted by Our Main Posters
Above: “Neutral ghostwriter” Andrew Gumbel tweets…
1, Today In The Florence Court
Lately many of the chest-thumping PR shills have whined a lot more about themselves as victims than done anything to boost Sollecito and Knox.
Think of Preston, Burleigh, Dempsey, Sforza, Fisher, Moore, and a whole lot of other serial complainers. Now chest-thumper Andrew Gumbel seems to want to join their ranks. That is if the claim that he was ONLY a ghostwriter was made by his lawyer with his consent to the Florence judge.
2. Signs Gumbel Really Is A Shill
Note that Sollecito gave many signs during his US book promotion tour late in 2012 that he really didn’t know much about what was in his own book.
So did Gumbel really only hang on Sollecito’s every word? Or did he talk to a lot more people than that, and get very invested in nasty, dishonest propaganda to deny justice for Meredith via the courts?
Here’s Andrew Gumbel on 1 May 2014, providing the first media opinion in the UK on Judge Nencini’s appeal report. The nasty false claims highlighted suggest Gumbel has a very strong investment in Sollecito and Knox and not a little contempt for the Italian courts.
One truth in Gumbel’s article which he must really regret? That sentence in the thitrd paragraph: “Disclosure: I am the co-author with Sollecito on his memoir about the case.”
The longer the Italian courts consider the Meredith Kercher case ““ and we have now had three trials, six presiding judges, two hearings before the Italian high court and a third on the way ““ the more the country’s institutions of justice have covered themselves in shame.
Judge after judge has twisted the available evidence into extraordinary contortions of logic to assert, at different times, that Kercher ““ a British exchange student stabbed to death in her room in Perugia in 2007 ““ was the victim of a premeditated attack; that her murder happened spontaneously; that the motive was sexual; that the motive was a dispute over housework with Amanda Knox, the star defendant; that the trigger for the murder was the unseemly appetite Knox and her boyfriend, Raffaele Sollecito, had for sex and drugs; that the trigger for the murder was Rudy Guede, the Ivorian-born drifter everyone agrees was involved, knocking on the door to use the toilet.
By now, Knox and Sollecito have been convicted, acquitted and convicted again, and the underlying forensic evidence has been both exposed as a sham and, mystifyingly, reinstated. (Disclosure: I am the co-author, with Sollecito, on his memoir about the case.)
Still, the latest judicial document in the ongoing battle, a 337-page justification of the most recent convictions made public on Tuesday, marks a new low. Not only has Alessandro Nencini, the presiding judge of the Florence appeals court, apparently resorted to the same tortured logic as his predecessors; he has also stated things as fact that are manifestly and provably wrong.
That may be more than even the Italian justice system can stomach; judges, after all, aren’t supposed to do things like that. And it may provide Knox and Sollecito with unexpected ““ if still slim ““ grounds for hope at the very moment when Kercher’s death had seemed settled, at last, according to the law.
To read the new conviction report in detail is to enter a kind of alternate reality, where concrete facts appear ignored and alternate facts are seemingly plucked from the air. Kercher’s murder is reduced to a parlor game and all roads lead to the inevitable, if not also foregone, conclusion that Knox and Sollecito are guilty. For instance:
- On page 63, Judge Nencini claims that a partial shoeprint found at the murder scene comes from a size 37 women’s shoe and must therefore belong to Amanda Knox. But this is not based on the available evidence. In the early days of the case, the prosecution sought to show that the shoeprint was from Sollecito’s Nikes; the pattern of concentric circles on the sole was later proven to come from a different pair of Nikes belonging to Guede.
- On page 81, Nencini grapples with the question of how Knox and Sollecito could have participated in the murder but left no more than a single, hotly disputed trace of themselves at the scene. Extraordinarily, Nencini argues that Knox and Sollecito must have wiped the place clean of their DNA (but left an abundance of Guede’s) because no traces of Knox’s DNA were found anywhere in the apartment that she shared with the victim. But multiple samples of Knox’s DNA were found and presented at trial; they just weren’t found in the room where the murder took place.
- Then, on page 321, Nencini writes that the blade of the purported murder weapon ““ a large kitchen knife found in Sollecito’s apartment ““ bore traces of both Kercher’s and Sollecito’s DNA. Again, this is at variance with the evidence. The most the prosecution ever asserted was that Kercher’s DNA was on the tip of the blade. Sollecito’s DNA has never been found.
The defense teams have reacted with consternation: Knox issued a formal statement decrying the lack of “credible evidence or logic” in this latest document, which arrived just ahead of the three-month deadline following her latest conviction; Sollecito’s lead lawyer, Giulia Bongiorno, denounced what she said were “at least ten clamorous mistakes per page”. (A Kercher family lawyer called the document “a version that we have always in some ways sustained”.)
This being Italy, however, the judicial errors are not necessarily a bad thing for Knox and Sollecito, because they give the Italian high court an opening ““ should the justices choose to take it ““ to overturn the latest conviction, and either dismiss the case, send it back to get the mistakes fixed, or order yet another trial in another court.
The high court justices will be aware, of course, that the longer the case drags on, the more suspect the process will look in the eyes of world opinion. Another trial would test the patience of even the most ardent believers in Knox and Sollecito’s guilt, and certainly of the Kercher family. But the process is starting to curdle ““ even without the spectacle of lawyers arguing, yet again, over the same controversies before a barrage of international TV cameras. That leaves the high court, which always has one eye on the integrity of the system, with a genuine dilemma.
Much has been written about Italian justice’s desire to save face in this much written-about case. To admit a miscarriage of justice, the argument runs, has become too difficult, because it would expose the mistakes of too many people, from the primary investigators to the Rome forensic lab to the prosecutors and judges.
However, as the case trudges toward the seven-year mark, one has to wonder how much appetite the institutions of justice still have to stand by what they have done. Will the high court really want to endorse Nencini’s report with all these evident flaws? Or will this finally be the moment when the justice system calls a halt to a travesty committed in its name and exonerates Knox and Sollecito, as it should have done years ago?
3. How Gumbel Got It Wrong
We responded by rebutting 20 of Gumbel’s malicious claims in just the first 7 pages of Honor Bound. And Pataz1, a TJMK main poster who also runs his own blog posted this rebuttal of Gumbel below
This letter was sent to the Guardian’s Reader Editor on 4 May 2014, and again on 3 June, 2014. The Reader’s Editor did not respond to either of the email submissions.
Gumbel’s May 1st, 2014 article in the Guardian is a thinly veiled advocacy piece for Sollecito and Knox. He left out a significant phrase from a Nencini passage he cites; this phrase he omitted undermines one of his main claims.
To the Guardian:
I’m writing to you about Andrew Gumbel’s “comment” on developments in the murder of Meredith Kercher case. Gumbel writes about the recently released Nencini court motivations document, which outlines the court’s reasoning for affirming Knox and Sollecito’s conviction for the murder of Meredith Kercher.Gumbel waits until the end of the third paragraph in his article to provide his disclaimer: that he is a co-author of the book by one of the defendants. Its hard to understand why Gumbel waited so long to disclose his vested financial interest in the innocence of one of the defendants on trial. By this time, Gumbel has already levied allegations of impropriety upon the Italian courts and judges. For example, he alleges “the country’s institutions of justice have covered themselves in shame.” He continues specific allegations that “judge after judge has twisted the available evidence [”¦]”. If Gumbel had provided his disclaimer appropriately at the beginning of his letter, readers would have had a more appropriate understanding of Gumbel’s perspective and motivations for writing his letter.
Despite being a co-author of a book by one of the two still on trial for Meredith’s murder, Gumbel’s statements on the court process are wrong. Gumbel pushes the perspective that Knox’s reps have pushed in the US; that Knox and Sollecito have been “convicted again” after an acquittal. Gumbel leaves out any mention of the Italian Supreme Court ruling that overturned Knox and Sollecito’s acquittal and sent the case back to the appellate level. After the acquittal was annulled, the original 2009 conviction remained in place. Gumbel is no doubt aware that the Florence court is an appellate court. (Curiously, Sollecito’s co-defendant Knox also wrongly claims on her website that the Italian Supreme Court “annulled all previous verdicts”; ref: http://www.amandaknox.com/about-contact/?).
Gumbel’s omission of the Italian Supreme Court ruling is odd, because the entire point of his article is the integrity of the judicial decisions. Gumbel left out that the Italian Supreme Court has already made one ruling regarding the integrity of a judicial decision in this case. The Supreme Court’s ruling wasn’t in favor of Gumbel’s co-author and defendant Raffaele Sollecito; perhaps this is the reason that Gumbel failed to mention the actual outcome of the acquittal.
Or perhaps Gumbel left out this information so he could present the evidence the way it is framed by supporters of Knox and Sollecito. Later in the the same paragraph, Gumbel expresses confusion about why evidence remains in the case. He states “the underlying forensic evidence has been both exposed as a sham and, mystifyingly, reinstated.” As the co-author of the book with Sollecito, Gumbel is again no doubt aware that after the appellate-level acquittal was thrown out, the original conviction (with all of the evidence) remained as a part of the case. Any decision made by Hellmann on the evidence was also thrown out of the case, including Hellmann’s conclusions on the knife DNA evidence and the Sollecito’s DNA on the bra clasp. Further, if Gumbel had indeed read the Nencini decision, he would have read the passage where Nencini takes to task the “independent experts” in the Hellmann trial (detailed here:http://thefreelancedesk.com/amanda-knox-trials-meredith-kercher-case/). Gumbel should be well aware after his reading of Nencini why the evidence still contributed to the Florence court upholding his co-author’s conviction.
In his second point on the Nencini decision, Gumbel leaves out a key phrase that completely undermines his claim. By this time in his article, one is forced to wonder if this omission is deliberate. Gumbel’s claim is that Nencini contradicted himself by writing that Knox and Sollecito only left a “single, hotly disputed trace of themselves” despite the other evidence that Nencini also talks about. But the start of the passage Gumbel cites is:
“Una peculiarità è, ad esempio, il rilievo che all’interno della villetta di via della Pergola quasi non sono state rinvenute tracce di Amanda Marie Knox ““ se non quelle di cui si dirà e riferibili all’omicidio ““ né di Raffaele Sollecito.”
The phrase Gumbel deliberately left out is this: “se non quelle di cui si dirà e riferibili all’omicidio”, which, roughly translated, is “except those which will be discussed and related to the murder.” The Nencini Motivations document explicitly contains a clause that accommodates the other traces related to the murder. Gumbel’s point is provably false. As someone who arguably puts himself forth as an expert on the case, this omission is highly concerning.
In Gumbel’s third point he highlights what is a minor error in the Nencini report. Calling out one word in a longer passage, Gumbel points out the report states that Sollecito’s DNA was found on the knife that is alleged as a murder weapon. If Gumbel truly read the report, as he claimed in a twitter exchange with me, he would be aware that the rest of the section that is contained in makes it clear that the finding is Knox’s DNA on the knife, not Sollecito’s. This minor error is hardly cause to overturn the full conviction.
I could continue, but the rest of Gumbel’s article is largely a diatribe against the length of the trial and the Italian justice system. Gumbel cites an article written by Douglas Preston, another author who has financially benefited by being openly critical of the prosecutor in Knox’s case. Knox and Sollecito’s case has gone through three levels of the Italian court system, and back to appeals. Cases in the US that follow a similar path have not happened any faster than the one in Italy. For example, in the Scott Peterson case in the US his defense still filed appeals eight years after his first-level conviction.
That the Guardian has allowed itself to be used as a platform to push the defense’s perspective is not only a disservice to the family of the murder victim who lives in the UK, but is also a disservice to the victim of a violent, brutal murder.
How Greg Hampikian Abuses Two Positions of Trust In Serially Misrepresenting The Hard Evidence
Posted by The Machine
Overview
Greg Hampikian holds two positions of trust: he is a teacher of biology at Boise State University in Idaho (population 1.6 million) and he is the local representative for Idaho of the Innocence Project,
His use or misuse of his Innocence Project mantle via a case way outside his official area in Italy to leverage his prominence is particularly questionable. Few Italians know who he is or can read him and so challenge him, and Italy’s justice system probably allows less false convictions than any other, though he never makes that fact clear.
This post explains how the investigations of local Innocence Project representatives are not always reliable - and how Hampikian for his own benefit serially misrepresents the evidence in Meredith’s case.
Michael Naughton
The Innocence Project is mostly professionally staffed by cool-headed, competent law and genetics professors who are more interested in promoting truth and justice than their own place in world history. But as another case in the news also shows, it doesn’t always work out that way.
Yesterday’s breaking news shocked many in England. Convicted killer Simon Hall finally admitted that he was indeed guilty of the murder in 2001 of Joan Albert, a pensioner who was savagely stabbed five times.
Simon Hall had been vehemently protesting his innocence for 12 years. There are some striking similarities between this case and the Meredith Kercher case.
- The perp’s mother convinced that her child is innocent of murder? Yes.
- Politicians, legal experts, journalists and members of the public convinced that person convicted of murder is innocent? Yes.
- Television documentary casting doubt on the conviction? Yes.
- Criticisms of police investigation and claims there is no DNA evidence and no motive? Yes.
- Website set up in order to convince the public that the person convicted of murder is actually innocent? Yes.
- An academic staff member of the Innocence Project leaps on board and starts pontificating before closely looking? Yes.
Simon Hall’s confession has made his most adamant defender Dr. Michael Naughton, the local director of the Innocence Project at Bristol University (image below). look like a real dupe, and may have destroyed his credibility as an expert and a campaigner on wrongful convictions.
Dr. Naughton long campaigned hard for the release of Simon Hall, and called repeatedly for his conviction to be quashed. Simon Hall’s public reversal will set back both the Innocence Project and his own career.
[Above: the hapless Dr. Michael Naughton, made to look a fool by a manipulative murderer]
Greg Hampikian
Greg Hampikian has been widely observed on TV and in print, and in front of his own students and other assemblies, proclaiming that he solved the DNA part of the case and was key to the defenses achieving Knox’s part-acquittal and Sollecito’s acquittal in 2011 (annulled last March).
Hampikian holds two positions of trust: he is a teacher of biology at Boise State University in Idaho (population 1.6 million) and he is the local representative for Idaho of the Innocence Project, which New York law teachers Barry Sheck and Peter Neufeld co-founded to ensure correct outcomes in American DNA-based cases.
Whenever Greg Hampikian speaks about the Meredith Kercher case, his university and his Innocence Project credentials are invariably emphasized. This is presumably to convince a generally ill-informed or wrongly informed public that he is the most credible expert, whose opinion that Amanda Knox is innocent can be trusted completely.
But can Greg Hampikian really be trusted when it comes to the Meredith Kercher case?
The simple answer to this question is no. When you listen to or read Greg Hampikian’s comments about the case in the interviews, it becomes abundantly clear that:
- He is ignorant of most of the basic facts of the case.
- He hasn’t read the official court documents in their entirety, but has instead relied on Amanda Knox’s family and supporters for his information without bothering to do any fact-checking.
- He incessantly downplays or misrepresents the hard evidence against Amanda Knox and Raffaele Sollecito and overstates that against Rudy Guede.
- He doesn’t limit himself to his own narrow area of expertise, but speaks about other aspect of the case and gets basic facts wrong.
- Like so many in the seedy defense operation he ridicules his counterparts in Italy, most of whom are much better qualified in criminal-case DNA than he is.
Hampikian and Knox
In ignoring most of the evidence against Amanda Knox, he repeatedly pretends there was only ONE hard piece of evidence against her. He claimed in an interview with John Curly on Kiro FM that the ONLY evidence that implicates Amanda Knox is the DNA on the large knife.
You only have to read the Massei report to know that this is not true. For sake of brevity, I’ll summarise just some of the multitude of evidence that Hampikian doesn’t even mention in his media interviews, let alone refute.
1. Amanda Knox’s DNA was found mixed with Meredith’s blood in three places in the bathroom: on the ledge of the basin, on the bidet, and on a box of Q Tips cotton swabs (192).
2. Knox’s DNA and Meredith’s DNA was also found mingled together in a bare bloody footprint revealed by Luminol in the hallway and a mixture of Knox’s DNA and Meredith’s blood was also found in Filomena’s room (380).
3. Three bare bloody footprints were revealed by Luminol in the hallway and one in Amanda Knox’s room were attributed to Knox (247).
4. Hampikian doesn’t say anything about Amanda Knox’s false and malicious accusation against Diya Lumumba which Massei concluded was done to lead investigators down the wrong track (389).
5. Hampikian ignores the evidence that shows that the break-in at the cottage was staged such as the corroborative eyewitness testimony that stated there were shards of glass on top of clothes and objects on Filomena’s room (53) and the fact that Rudy Guede’s bloody shoeprints led straight out of Meredith’s room and out of the cottage (44) which indicates that he didn’t stage the break-in in Filomena’s room or go into the blood-spattered bathroom after Meredith had been stabbed.
6. Hampikian doesn’t address Amanda Knox’s numerous lies never mind provide a plausible innocent explanation for them.
Judge Massei outlined numerous examples of these lies in his report: she falsely claimed she received a text message from Diya Lumumba when she was at Sollecito’s apartment (322); there are various discrepancies in her statements about the time she and Sollecito ate dinner (78); her claim that she and Sollecito had a peaceful night of continuous and prolonged sleep is contradicted by Sollecito’s activity on his computer, the turning on of his cell phone and the testimony of Marc Quintavalle (85). Hampikian doesn’t explain why Amanda Knox gave multiple conflicting alibis.
7. Hampikian has said nothing about the Umbria Procurator General Galati’s observation that Knox knew specific details of the crime that she could have only known if he had been present when Meredith was killed. I suspect Greg Hampikian is blissfully ignorant of Galati’s appeal.
- According to multiple witnesses at the police station, Knox said she was the one who had found Meredith’s body, that she was in the wardrobe, that she was covered by the quilt, that a foot was sticking out, that they had cut her throat and that there was blood everywhere. Knox wasn’t in a position to have seen anything when the door was kicked in.
- Dr Galati pointed out in his appeal that Knox described the spot where Meredith was murdered and described the state of the body, the room and the injury to Meredith’s throat. He concluded that Knox knew everything because she was in the room at the time of the murder and when Meredith was left in the condition in which she was discovered. The judges at the Italian Supreme Court who annulled the acquittals also noted that Knox had known these details and that Judge Hellmann had ignored these clues.
[Above: Barry Sheck and Peter Neufeld, who co-founded and manage the Innocence Project]
Hampikian and Sollecito
Greg Hampikian also ignores the other key pieces of evidence against Raffaele Sollecito. In an interview that was posted on the KPLU 88 website Hampikian made the astonishing claim that none of the evidence collected from the crime scene belonged to either Knox or Sollecito:
All of the evidence taken from the crime scene belonged to either Meredith Kercher or this guy Rudy Guide (sic). There’s no reason to invoke (sic) these other two people,” Hampikian said.
Really?! This bizarre claim was made even though Hampikian essentially conceded that Sollecito’s DNA was on Meredith’s bra clasp in an open letter he signed along with a number of other scientists:
DNA testing of this item using the Identifiler kit showed a mixture of DNA, with the majority of DNA consistent with that of the victim. Raffaele Sollecito could not be excluded as a source of a minor component of DNA with peaks of approximately 200 rfu. Y-STR testing confirmed that the male haplotype detected was consistent with the DNA of Raffaele Sollecito.
Hampikian goes on to claim that the bra clasp was contaminated, without offering any scenario or proof of this. He ignores all the other evidence against Sollecito. Again for the sake of brevity, I will briefly outline some of the key pieces of this evidence.
1. Two bloody footprints were attributed to Raffaele Sollecito. One of them was revealed by Luminol in the hallway and the other was on the blue bathmat in the bathroom. Andrea Vogt explained how detailed the analysis of the footprint was in a report for the Seattle Post-Intelligencer:
All the elements are compatible with Mr. Sollecito’s foot,” Rinaldi said, pointing with a red laser to a millimeter-by-millimeter analysis of Sollecito’s footprint projected onto a big-screen in the courtroom. He used similar methods to exclude that the footprint on the bath mat could possibly be Guede’s or Knox’s.
“Those bare footprints cannot be mine,” said Sollecito in a spontaneous statement”¦. But the next witness, another print expert, again confirmed Rinaldi’s testimony, that the print, which only shows the top half of the foot, matches the precise characteristics of Sollecito’s foot.
2. Computer and telephone records provide irrefutable proof that Sollecito lied repeatedly to the police about what he was doing on 1 and 2 November 2007: he didn’t speak to his father at 11.00pm; he wasn’t surfing the Internet from 11.00am to 1.00am and he didn’t sleep until around 10.00am because he played music on his computer from approximately 5.30am for half an hour and he used his mobile at about 6.00am.
3. Sollecito gave at least three completely different alibis which all turned out to be false. He even admitted in his witness statement that he had lied to the police. Hampikian has never addressed Sollecito’s multiple false alibis and numerous lies.
Hampikian and Guede
Greg Hampikian exaggerates the evidence against Rudy Guede
1. Greg Hampikian told an audience of about 200 at Boise State University that Rudy Guede’s DNA was all over the victim: “You had one guy whose DNA was all over the victim.”
This is a common FOA myth which has been repeated by journalists in the media ad nauseam. If Greg Hampikian had bothered to read the official court reports such as the Micheli report and the Massei report, he would have known that there was only one sample of Guede’s DNA on Meredith’s body.
You would expect a scientist to be give precise factual statements, not vague, untrue comments. Listen to him closely and he resembles a dishonest second-hand car salesman who relies on hyperbole and rhetoric with these comments rather than an objective scientist. Hampikian’s intention in this instance was clearly to persuade and not inform.
2. Greg Hampikian makes unsubstantiated claims about Rudy Guede’s criminal history
In his interview with Joey Ortega Greg Hampikian claimed that Rudy Guede “had committed crimes before”. He didn’t specify what these crimes were let alone support his opinion that Guede had committed any crimes before with any proof i.e. specifically refer to any criminal convictions.
The reason why he didn’t refer to any specific criminal convictions is that Rudy Guede didn’t even have any convictions at the time of the murder. It would have been more accurate for him to have said that some people suspect Guede has committed crimes before and give some specific examples.
3. Hampikian seems intent on portraying Guede as a hardened criminal. He falsely claimed in a number of interviews (see here and here) that Guede was already in the criminal DNA database at the time of the murder.
According to Barbie Nadeau, Rudy Guede was identified by fingerprints found in Meredith’s room. The police had to go to his apartment to take DNA samples from a hairbrush. Within a few days, that DNA was matched to the DNA found at the cottage (Angel Face, page105, Kindle Edition).
[Above: Greg Hampikian with Knox-Mellas family member and enabler - shown getting his marching orders?]
Hampikian and Italian experts
Hampikian incessantly tries to discredit the police investigation. In this he doesn’t limit himself to his own area of expertise - biology - but speaks out about other aspects about the case and gets basic facts wrong.
1. For example, he falsely claimed in an interview with CNN that the authorities didn’t like the way Amanda Knox behaved and that’s why they wanted to investigate her, Sollecito and Lumumba:
They didn’t like the way Amanda behaved, whatever that means, and so they wanted to investigate her and Raffaele and her boss.
The real reasons why Knox and Sollecito officially became suspects and were arrested actually had nothing to do with Amanda Knox’s odd behaviour. On 5 November 2007, Sollecito admitted in his witness statement that he had lied to the police, and he stated that Amanda Knox wasn’t at his apartment on the night of the murder. He was arrested and taken into custody.
After Knox was informed that Sollecito was no longer providing her with an alibi, she repeatedly stated in her witness statements that she was at the cottage when Meredith was killed. She too became a suspect and was arrested. Hampikian has completely ignored these crucial details.
2. Hampikian regurgitates another common FOA myth with his claim that the authorities weren’t able to say why they took Sollecito’s kitchen knife from his apartment. In Boise Weekly: “They aren’t able to say why they took that (knife).”
The usual FOA claim is that the knife was randomly selected. Hampikian has clearly relied on Amanda Knox’s supporters for this misinformation and not on the testimony of the person who actually selected the knife - Armando Finzi.
Mr Finzi testified in court that he chose the knife because it was the only one compatible with the wound as it had been described to him.
“It was the first knife I saw,” he said. When pressed on cross-examination, said his “investigative intuition” led him to believe it was the murder weapon because it was compatible with the wound as it had been described to him
3. Hampikian has never proved that there was any contamination.
As I’ve already pointed out in my previous post, the Italian Supreme Court has explained how DNA evidence should be assessed in court i.e. contamination must be proven with certainty not supposition.
Greg Hampikian has never described the specific place and time where contamination could have plausibly occurred. It’s not good enough to claim that it was possible or probable.
Dr Galati made the following common sense observation in his appeal:
“It is evident that the “non-exclusion” of the occurrence of a certain phenomenon is not equivalent to affirming its occurrence, nor even that the probability that it did occur.” (57).
He goes on to explain that unless there is proof of contamination of the knife and bra clasp, you can’t simply claim there was in order to nullify this evidence:
...if one is not able to [67] affirm where, how and when they would have happened, they cannot enter into a logical-juridical reasoning aimed at nullifying elements already acquired, above all if scientific in nature.” (57).
It doesn’t seem to have ever crossed Greg Hampikian’s mind that the bra clasp and knife really might not have been contaminated.
Final Thoughts
Greg Hampikian is in a privileged position of trust because he is often interviewed about the case in the media and gives presentations about the case at academic institutions. His impressive credentials mean that he is trusted by many members of the general public and by people in the media. However, he has abused this trust by not bothering to get acquainted with the details of the case, getting basics facts wrong and completely misrepresenting the evidence against Knox, Sollecito and Guede.
I hope Simon Hall’s confession will make Hampikian realise that sometimes the truth isn’t always what you want it to be and Innocence Project experts on wrongful convictions can be duped and get it wrong.
Perhaps the next time Hampikian is interviewed about the case he’ll avoid hyperbole and rhetoric and just stick to the facts and his own area of expertise. But I wouldn’t count on it.
Ten Examples Of How The Former Campus Cop Steve Moore Serially Mischaracterizes The Case
Posted by The Machine
1. The Chronic Chest-Thumper
A couple of weeks ago Steve Moore was frogmarched out of his workplace on the campus of Pepperdine University and told not to come back.
Although Pepperdine apparently offered him a deal for his resignation, he refused, and so he probably departed with only the minimal severance entitlements in his contract. Now he is suing Pepperdine, presumably to see if he can get a little bit more.
Steve Moore has been rather plaintively claiming since the firing that he did nothing wrong, except to avidly support the innocence of Amanda Knox in his own time. No mention of his confused take on the case or of Pepperdine’s exchange students in Italy who must rely on the police Moore delights in trashing.
We suspect that a lot of things about his confused, hurtful and ebullient campaign reached the front office of Pepperdine University and its Law School, and that some or many of these things may come out in the open when Steve Moore’s suit goes to court. Our next post will contemplate what some of these things may be.
2. Moore Adrift On Hard Facts
It’s not a secret at all to those involved in handling the case in Perugia and Rome (where Moore is much ridiculed) and presumably now at Pepperdine (which has a very good law school, one capable of correctly absorbing the Massei report) is how Steve Moore is serially unable to get the facts right.
His media interviews have followed the very familiar PR script. The presenter or journalist begins by really talking up Steve Moore’s 25-year career with the FBI as one of the FBI’s really big stars! Then going to to emphasize how Steve Moore has REALLY done his homework on this case! On the NBC Today Show, for example, it was claimed that Steve Moore has studied “every iota of evidence”! Reporter Linda Byron stated on Seattle’s King 5 TV that he had obtained the trial transcripts and the police and autopsy records! And Moore had all of them translated into English!
The intended message is clear: Steve Moore is an exceptionally credible professional expert in all the relevant fields! He knows this case inside out because he has researched it absolutely meticulously!
In this piece, we will compare just a few of the many claims that Steve Moore has made - here in interviews with Frank Shiers on Seattle’s Kiro FM Radio, with Ann Curry on the NBC Today Show, with George Stephanopoulos on ABC News, and with Monique Ming Laven on Seattle’s Kiro 7 TV - with the real facts, as described in the Massei report and the witness testimony from the trial.
3. Ten Of The Oft Repeated Lies By Moore
Frequent Moore Lie 1: The large knife doesn’t match the large wound on Meredith’s neck.
Steve Moore has repeatedly claimed in interviews with for example Frank Shiers, Ann Curry and Monique Laven that the double DNA knife doesn’t match the large wound on Meredith’s neck.
Untrue. Prosecution experts, multiple defence experts and Judge Massei in his report have all agreed that the double DNA knife DID match the large wound on Meredith’s neck.
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 Massei report, page 375).
Barbie Nadeau reported directly from the courtroom in Perugia that multiple witnesses for the defence, including Dr. Carlo Torre, conceded that the double DNA knife was compatible with the deep puncture wound in Meredith’s neck.
“According to multiple witnesses for the defense, the knife is compatible with at least one of the three wounds on Kercher’s neck, but it was likely too large for the other two.” (Barbie Nadeau, Newsweek).
He (Dr. Carlo Torre, defence expert) conceded that a third larger wound could have been made with the knife, but said it was more likely it was made by twisting a smaller knife. (Barbie Nadeau, The Daily Beast).
For someone who has allegedly “studied every iota of evidence”, it seems that Steve Moore is doing nothing more than regurgitating a familiar FOA myth that has long been completely debunked.
He clearly hasn’t studied every iota of evidence. Very far from it.
Monique Ming Laven had a copy of the English translation of the Massei report. Warning bells should have gone off in her head as soon as Moore claimed the double DNA knife didn’t match the large wound on Meredith’s neck, and yet she didn’t challenge him.
Frequent Moore Lie 2: They want you to believe that Amanda Knox inflicted all three wounds on Meredith’s neck
Moore stated in an interview with George Stephanopoulos on ABC News that “they” claimed that Knox caused all three wounds on Meredith’s neck.
“What they’re having you, what they want you to believe is that in the middle of a life and death struggle, holding a girl who is fighting for her life. Amanda stabbing someone for the first time in her life, takes two stabs with a very small knife, throws it away and says give me the other one” (5.48 - 6.05)
Untrue. Neither the judges and jury nor the prosecution have ever claimed that Amanda Knox inflicted all three wounds on Meredith’s neck:
“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…” (The Massei report, page 374).
The following extract is from Mignini’s timeline, which was presented at the trial on 20 November 2009 by the prosecutors:
23.30 ...At this point, the two knives emerge from the pockets of Amanda and Raffaele: one with a blade of four to five centimetres, the other however a big kitchen knife. Meredith tries to fend off the blades with her right hand. She is wounded.
23:40 ...The three become more violent. With the smaller knife, Sollecito strikes a blow: the blade penetrates 4 centimetres into the neck.
The timeline presented by the prosecutors during their summation was published in Il Messagero and other Italian newspapers. It was translated by main poster Tiziano and our other Italian speakers and posted on PMF and TJMK here.
Frequent Moore Lie 3: Meredith had no defensive wounds on her hands
Steve Moore told Frank Shiers on Kiro FM that Meredith had no defensive wounds on her hands.
Untrue. Moore clearly hadn’t read the autopsy report, or its summary in the Massei Report.
“They consist also in some tiny defensive wounds: one on the palm of her [396] right hand of a length of .6cm showing a tiny amount of blood; another on the ulnar surface of the first phalange of the second finger of the left hand, also of length .6cm; another on the fingertip of the first finger with a superficial wound of .3cm, and another tiny wound corresponding to the fourth radius.” (The Massei report, pages 369-370).
Frequent Moore Lie 4: Rudy left his hair and fluid samples on Meredith’s body.
Steve Moore has made this claim in interviews with Frank Shiers and George Stephanopoulos.
Untrue. Rudy Guede did not leave any hair or fluid samples on Meredith’s body. There is no mention of Rudy Guede leaving his hair or fluid samples on Meredith’s body in either the Micheli report or the Massei report.
Steve Moore is simply making things up or relying on false information.
Frequent Moore Lie 5: Amanda and Raffaele didn’t step in blood and that can’t be avoided
In his interview with Frank Shiers, Steve Moore claimed that Knox and Sollecito didn’t step in Meredith’s blood.
Untrue. The Massei report completely contradicts this claim. It notes that Amanda Knox stepped in Meredith’s blood and tracked the blood with her feet into her own room, the corridor, and Filomena’s room:
Even the traces highlighted by Luminol therefore show the existence of evidence against Amanda, making [the Court] consider that she, having been barefoot in the room where Meredith was killed and having thus stained her feet, had left the traces highlighted by Luminol (which could have resisted the subsequent action of cleaning, on which more will follow) and found in the various parts of the house which she went to for the reasons shown above (her own room, the corridor, Romanelli’s room). (The Massei report, page 382).
Judge Massei attributed the visible bloody footprint on the bathroom mat to Raffaele Sollecito and categorically ruled out the possibility that it could have belonged to Rudy Guede:
“Also from this viewpoint it must be excluded that the print left on the sky-blue mat in the little bathroom could be attributable to Rudy. A footprint that, for what has been observed in the relevant chapter [of this report] and for the reasons just outlined, must be attributed to Raffaele Sollecito…” (The Massei report, page 379).
The bare bloody footprint in the corridor, referred in the Massei report as trace 2, was attributed to Raffaele Sollecito:
In this particular case, they lead to an opinion of probable identity with one subject (Sollecito with respect to trace 2, Amanda Knox with respect to traces 1 and 7) and to the demonstrated exclusion of the other two. (The Massei report, page 349).
Frequent Moore Lie 6: None of the luminol prints or stains contained Meredith’s DNA
Steve Moore told Frank Shiers that Meredith’s DNA wasn’t found in any of the luminol prints or stains.
Untrue. Meredith’s DNA was found in the luminol traces in the corridor and in Filomena’s room.
Amanda (with her feet stained with Meredith’s blood for having been present in her room when she was killed) had gone into Romanelli’s room and into her [own] room leaving traces [which were highlighted] by Luminol, some of which (one in the corridor, the L8, and one, the L2, in Romanelli’s room) were mixed, that is, constituted of a biological trace attributable to [both] Meredith and Amanda…” (The Massei report, page 380).
Frequent Moore Lie 7: The prosecutor through fierce interrogation coerced Amanda into implicating someone else in the case
Steve Moore has made this claim on a number of occasions
Untrue. The prosecutor wasn’t even present when Amanda Knox first accused Diya Lumumba.
Dr Mignini was called to the police station after she had ALREADY admitted that she was at the cottage when Meredith was killed and after she had ALREADY made her false and malicious accusation against Lumumba.
Her implication of Lumumba was triggered by sight of a phone message she had denied. She had an interpreter with her at all times, and she had a lawyer present at all times after her status moved to that of a self-proclaimed witness.
Her own lawyers never ever claimed the interrogation was anything out of the ordinary (Italian law requires that lawyers report real claims of abuse), or that for a suspect she was treated less than kindly.
They never filed any complaint, contributing to her calunnia conviction, and making her situation at her slander trial in Florence in November one that is dire and untenable.
Frequent Moore Lie 8: Amanda Knox wasn’t given food or drinks when she was questioned by the police.
Steve Moore claimed on the Today Show and ABC News that Amanda Knox wasn’t given food or drinks when she was questioned.
Untrue. Monica Napoleoni testified that Amanda Knox was given things to eat and drink.
“Ms Napoleoni told the court that while she was at the police station Ms Knox had been “treated very well. She was given water, camomile tea and breakfast. She was given cakes from a vending machine and then taken to the canteen at the police station for something to eat.” (Richard Owen in The Times, 1 March 2009).
Amanda Knox even herself confirmed during her testimony at the trial that she was given something to eat and drink.
Frequent Moore Lie 9: Amanda Knox was interrogated in Italian on 5 November 2007
Steve Moore stated in his interview with George Stephanopoulos on ABC News that Amanda Knox was interrogated in Italian, a language he says she barely knew, on 5 November 2007.
Untrue. Interpreters were present at all sesions on 2, 3, 4 and 5 November and their names appear in the records Knox signed. Knox was provided with an interpreter, Anna Donnino, on 5 November 2007, who translated all the police officers’ questions into English for her and translated her answers back.
In Amanda Knox’s own testimony on the stand in June 2009, she even referred to this interpreter - she claimed the interpreter seemed to give her some advice at one point.
Frequent Moore Lie 10: Amanda Knox recanted her accusation against Diya Lumumba as soon as she got some food
Steve Moore has made this claim in numerous interviews and articles.
Untrue. Amanda Knox didn’t retract her accusation as soon as she got some food at all. In fact, she reiterated her allegation in her handwritten note to the police on 6 November 2007 which was admitted in evidence:
[Amanda] herself, furthermore, in the statement of 6 November 2007 (admitted into evidence ex. articles 234 and 237 of the Criminal Procedure Code and which was mentioned above) wrote, among other things, the following: I stand by my - accusatory - statements that I made last night about events that could have taken place in my home with Patrick…in these flashbacks that I’m having, I see Patrick as the murderer…”.
This statement, as specified in the report on it of 6 November 2007 at 2:00pm, by the Police Chief Inspector, Rita Ficarra, was drawn up, following the notification of the detention measure, by Amanda Knox, who “requested blank papers in order to produce a written statement to hand over” to the same Ficarra. (The Massei report, page 389).
The Massei court took note of the fact that Amanda Knox didn’t recant her false and malicious allegation against Diya Lumumba during the whole of the time he was kept in prison. Later courts noted that she told her mother she felt bad about it.
4. Verdict On Steve Moore
He is either an incompetemt or a phoney. Either way he is not to be trusted.
His various surfacings smack of a Walter Mitty character making things up as he goes along, with an expression and a tone of voice that suggests he is thinking “Yes, folks, this REALLY is all about ME.”
He will save Knox! He will save Knox! Come what may!
Steve Moore has never ever addressed the numerous smoking-gun issues, like Knox’s and Sollecito’s many lies before and after 5 November 2007. It seems that perhaps he’s not even aware of them - he certainly seems to think Amanda Knox only lied on 5 November 2007.
Italian authorities worked hard and professionally in Perugia and Rome to get this case right. If he is ever to speak up again with any credibility at all, Steve Moore needs to read and actually understand the Massei report in its entirety.
It’s unforgivable for him to get so many facts wrong on so many occasions in front of large audiences, and then use those wrong facts to make multiple highly unprofessional accusations against the authorities in Perugia and Rome.
He would never have got away with this about a US case. He would have been held in contempt of court for trying to poison the jury pool.
And the journalists who get to interview him REALLY should have alarm bells going off when he comes out with his many fictions.
It was very remiss of Monique Ming Laven and Ann Curry not to challenge Moore over any of his false claims, such as the double DNA knife being incompatible with the large wound on Meredith’s neck. George Stephanopolous did at least make some small attempt to push back.
Steve Moore is not only oblivious to many facts about the case.
He seems totally oblivious to the real hurt that his cowardly, dishonest, self-serving campaign from across the Atlantic is inflicting on Meredith’s family and her friends.
Steve Moore Really, Really Believes Amanda Knox’s Alibi #5! Or Was That Alibi #7?
Posted by Peter Quennell
Added later: Video report from KGW8 Portland Oregon has been removed, as with others featuring Steve Moore; however below see key quote.
1. The KWGA Report
What Steve More is wildly building from is Amanda Knox’s highly self-serving claims made on the witness stand last June (not under oath so she was free to lie) which both she and her lawyers had previously often contradicted and even she wound back on the stand.
“Listen to what she’s saying. ‘I was very scared. I plugged my ears. I do not remember anything. I was upset, but I imagined.’ If you take all those prefaces to her sentences, what she’s saying is ‘none of this is really true to me,’” said Moore.
Moore says Knox was interrogated over 10 hours, using tactics just short of waterboarding and was bullied into telling police what they wanted to hear.
“Two new detectives would come in every hour. Three in the morning, four in the morning, five in the morning. And what they were trying to do is not get information. They were trying to break her,” said Moore.
Amanda Knox took the stand for two days in June to try to explain why she fingered Patrick Lumumba for Meredith’s murder. She was not under oath, so she could say what she wanted, and by prior agreement broad areas were kept off-limits to prosecution cross-examination.
Other than the puppylike Steve Moore, who amazingly seems to have never encountered a perp who lied on the stand, Amanda Knox appears to have failed to convince just about everyone. See our posts at the time by Fiori here and by Nicki here.
If Steve Moore still foolishly refuses to read (or even acknowledge) the very precise, very damning Massei Report, perhaps he could at minimum read Amanda Knox’s various alibis and also Raffaele Sollecito’s various alibis both nicely summarized by the Machine.
They provide the context to the claims Amanda Knox made on the stand.
These and passages in the Massei Report (summaries and analyses of which we are about to start posting) make it obvious what led to what Steve Moore calls Amanda Knox’s “confession” in which she actually fingered Patrick Lumumba and actually claimed to be an accidental bystander (that is a confession?!).
At the first, relatively brief, session with and investigator on the night (she was then not even a witness, and no lawyers or prosecutors needed to be present) Amanda Knox was ONLY helping to build a list of suspects.
In his own interrogation Raffaele Sollecito had been confronted with evidence of mobile-phone traffic that showed that he had been lying. He then switched to his own alibi number two, which meant that for a period of time Amanda Knox had no alibi or explanation whatever. (Mignini has said he thinks she came very close to confessing.)
When she was then shown the numbers she had recently dialed on her own mobile phone, they included Patrick Lumumba’s number there.
And in the blink of an eye, Amanda Knox made him the chief suspect, kept repeating this for hours, and didn’t retract this, except to her mom, for the entire time Patrick was kept in custody.
No wonder Knox needed to make things up in her testimony on the stand in June.
Neither of Knox’s lawyers have ever supported those claims of breaking down under fierce interrogation, or of rough treatment. She had lawyers present at her only real interrogation - one she herself had asked for - by Dr Mignini on 17 December 2007.
No official complaint of pressure was ever lodged. And at the trial a number of police witnesses confirmed that Knox was actually very well treated.
And for making claims about the interrogators very similar to Steve Moore’s, both Amanda Knox AND her two parents Curt Knox and Edda Mellas were charged, and these trials will be coming up soon.
Guede’s lawyer said Steve Moore could be charged with slander if he visits Italy, the Perugia police and prosecutors have not yet said they will arrest him, and who knows? They may even be tickled to meet him.
2. The KVAL Report
In this KVAL interview Steve Moore seems totally unaware that all the DNA analysis WAS DONE IN ROME! It was collected and analyzed by THE ITALIAN COUNTERPART OF THE FBI who are rated among Europe’s best.
Good grief. He doesn’t even seem to know who he is accusing.
In this video, he kinda reminds us of an actor in one of those comedy movies who just knows that the great scam is falling through. He says he had some good laughs with Amanda’s family.
No doubt at the expense of the victim, Meredith Kercher, whose name he pretty well always forgets.
Wow! Perugia Shock’s “Frank Sfarzo” Claims Copyright Infringement In This Video
Posted by Peter Quennell
One week ago our poster Machine posted an excellent video by the talented video creator ViaDellaPergola on the strength of the evidence represented by the knife.
In a move perhaps unique in this whole case, where both right and wrong information has flowed freely (some of it perhaps too freely), “Frank Sfarzo” of Perugia Sock (real name Sforza) has now claimed a copyright infringement. Click on the arrow above for the confirmation.
The YouTube management have removed the video unusually quickly - another first, in our experience, as such claims are usually argued back and forth in a process.
“Frank Sfarzo” has repeatedly been thrown on the defensive in the past, both for seeking commercial gain from Meredith’s case, and for allowing many seemingly highly libelous comments by anonymous posters.
More to come as we check out the video, and see what the problem actually was.
By the way, in most legal systems copyright can only be claimed by real people with real names. We wonder what name YouTube knows the elusive “Frank” by - and why he has to use a false name.