Headsup: To those many lawyers amazed that Knox did not get on the witness stand to head off a certain re-conviction: the best guess among Italian lawyers is that Knox's own lawyers feared ANOTHER calunnia charge if she repeated the crackpot and highly disprovable claims that she was tortured. The tough calunnia law is primarily a pushback measure against mafia meddling which is widely suspected in this case.

Monday, March 28, 2011

Sixth Appeal Hearing: Andrea Vogt On The Testimony Of The Witness In The Square

Posted by Peter Quennell

[Above and below: north side of Piazza Grimana showing the benches where Mr Curatolo normally sits]

Click here for Andrea Vogt’s report for the Seattle PI from the appeals court.

One of the case’s most colorful and controversial characters, Curatolo, 53, has spent many a day sitting in the small public Piazza Grimana square near the university where college students come to play basketball, buy hashish and hang out….

When questioned by prosecutors, he said he remembered seeing Knox and Sollecito having “an animated discussion” in the square, which overlooks the villa where Kercher’s body would be found the next day. It was not raining that night, he said, when asked about the weather. The following day the Carabinieri came around to ask him if he had seen anything, he recalled, and he had watched as forensic crime scene investigators worked around the house.

“Are you sure that the day after you saw those two discussing in an animated way you were questioned by the Carabinieri and saw the police at Via della Pergola in their white suits?” asked Mignini.

“Very sure,” Curatolo said. “As sure as I am that I am sitting here.”

But minutes later, in questioning by Sollecito’s lawyer Giulia Bongiorno, Curatolo also said he had seen young people in masks and getting on buses to go to the discos. The distinction is important because Halloween was Oct. 31 and there were likely students in costumes, getting on shuttles to go to the discos on the outskirts of town.

Kercher, however, was killed on the evening of Nov. 1, 2007, which is All Saints Day, a somber holiday in Italy, when it is less likely there were any festivities.

“I think it is clear that he does not have a lucid memory,” said a member of Knox’s legal team, Maria del Grosso, after the hearing. “And I think it was demonstrated today that he is not a credible witness.”

However, prosecutors and the lawyer for the Kercher family, Francesco Maresca, maintained the testimony was in line with previous statements.

“He repeated exactly what he said during the first trial. We still believe he is reliable.”

Good neutral report, as you’d expect, from Andrea Vogt who is the American reporter most consistently in the courtroom. All the other reports in English seemed to include a lot of fluff from the defenses.

We’ll have an analysis post on this hearing and the DNA testing in Rome later today or tomorrow.

**********

Below: Mr Curatolo’s preferred benches are at the far left there. If Sollecito did watch the gate of the house on the night he’d need to be to the far right there. The gate can easily be seen from there.

Friday, March 25, 2011

Giordano Supreme Court Report On Final Appeal By Rudy Guede

Posted by Our Main Posters

[St Peters in foreground; Supreme Court large white building in background]


Please click on the image above for this meticulous translation from Italian to English.

The PMF translation team on three continents consisted of Jools, Thoughtful, Clander, TomM, Catnip, Yummi and the 411.

This post spelled out how very ominous for the Knox and Sollecito defenses this report really is.

We will have a post soon examining the fine details of this very tough report.

The Civil Case Of Knox v Lifetime - Umbria 24 TV Video Of Arrivals Today At The Courthouse

Posted by Peter Quennell

Amanda Knox is the supplicant here but you’d be hard-pressed to know it.

Unfortunately there’s no video or images of the team for Lifetime the alleged wrongdoers in this case, who seem to be keeping well out of sight.

There are reports in English here and here and here. Ann Wise of ABC notes that YouTube has removed the video of the movie’s trailer.

Thursday, March 24, 2011

The Civil Case Of Knox v Lifetime Will Be Considered By The Perugia Courts On July 4

Posted by Peter Quennell

On July 4? Big day in America. Seems today’s judge has a sense of humor.

The closed hearing in civil court in Perugia was brief, and there are just a couple of media images of Knox looking rather dispirited.  The Italian media have not yet identified who are Lifetime’s legal representation or whether they were in court.

Knox’s lawyer Carlo Dalla Vedova said his client wants the Lifetime TV movie withdrawn. He claimed that the movie had already been viewed 687,000 times on Lifetime’s website from all over the world, and that there is a version with Italian subtitles.

He said the movie could do irreparable harm to the prospects of his client. Amanda Knox in her statement said: “I am shocked at this invasion of my life and the speculations made about myself… I was very disturbed at the images in the trailer I saw on TV.”

The Knox and Sollecito suits were all actually filed before the movie itself had ever aired. No specific scenes were complained about today in court, and as the movie for the most part adheres to Massei, with some artistic license, it will be interesting to find out precisely which scenes are the bad ones.

The movie appeared to give Knox at least one big break in public eyes by making the provisional finding of an HIV test seem highly malicious though the facts don’t support this.

Sollecito appears in the movie much more briefly than Knox, and his most dramatic scene is where he throws one of Knox’s various alibis under the bus. Otherwise he comes across like a pussy.

His legal team has also said they were filing suit against Lifetime both in Perugia and in New York. No sign yet of those filings.

Wednesday, March 23, 2011

Amanda Knox To Be In Court In Perugia Tomorrow In Hearing About Stopping The Lifetime TV Film

Posted by Peter Quennell

[Above: Lifetime TV has an office suite in this giant hitech building which Google is presently purchasing]

Past posts on this mixed bag of a TV movie can be found here.

Late February Amanda Knox’s lawyers filed suit in Perugia to stop the airing of the movie (so far aired maybe half a dozen times in the US) and Raffaele’s Sollecito’s lawyers filed suit in Perugia and (or so they say - we can find no court record) also in New York.

The Perugia judge at the first hearing took a pretty relaxed view of the urgency of the matter and so it is only now that legal teams for Lifetime and Amanda Knox will face one another in court. The suit claims that the movie “violates the reputation” of Amanda Knox.

Very substantial payment for damages has been requested. If the New York suit also proceeds (unlikely as US law is not exactly favorable) the total asked appears to amount, converted from Euros, to over two hundred million dollars to compensate for sullied reputations.

Today’s Italian media reports in ANSA and AGI dont say very much more than that, except that Amanda Knox would like to be present in court.

As this is not Sollecito’s team’s suit, this is about the first time that one appellant will appear in court without the other. No word at all yet on the constitution of Lifetime’s legal team.

Tuesday, March 22, 2011

Limited Review Of The DNA Tests Agreed To By Judge Hellmann Are Now Underway In Rome

Posted by The Machine

[Amended by the Machine after his posted comment.]

Stefano Conti and Carla Vecchiotti of La Sapienza University in Rome (above) have begun the review of the DNA on the large double-DNA knife and the bra clasp under the eyes of expert witnesses.

Dr. Patrizia Stefanoni and Professor Giuseppe Novelli will be testifying on behalf of the prosecution. 

Professor Novelli has an impressive CV. He is a highly regarded professor of biomedicine at Tor Vergata in Rome and director of the Centre of Excellence for Genomic Risk Assessment in Multifactorial and Complex Diseases.  Professor Novelli is regarded as the “father of police forensics” in Italy.

If there had been any doubts about the validity of the DNA evidence against Amanda Knox and Raffaele Sollecito, he wouldn’t have agreed to testify for the prosecution.

A number of independent experts have already confirmed the validity of the DNA evidence at various court hearings.

There was an independent review of the forensic evidence in 2008. Dr. Renato Biondo, the head of the DNA unit of the scientific police, reviewed Dr. Stefanoni’s investigation and the forensic findings. He testified at Rudy Guede’s fast track trial in October 2008 and confirmed that all the forensic findings were accurate and reliable.

He also praised the work of Dr. Stefanoni and her team. “We are confirming the reliability of the information collected from the scene of the crime and at the same time, the professionalism and excellence of our work.”

Alberto Intini, the head of the Italian police forensic science unit, testified for the prosecution at the trial last year. He maintained that the crime scene had not been contaminated. He pointed out that unless contamination has been proved, it does not exist.

He also stated that the results of the tests showed that the investigation had been carried out correctly because there was not even one trace of any of the forensic technicians.

The Kercher family hired their own DNA expert, Professor Francesca Torricelli, and asked her to examine the DNA evidence.

Professor Torricelli is the Director of a genetic facility at Careggi University Hospital and has been working in genetics since 1976. She testified at Knox’s and Sollecito’s trial last year and she also confirmed Dr. Stefanoni’s findings.

She told the court that the significant amount of Sollecito’s DNA on Meredith’s bra clasp meant that it was unlikely that it was left by contamination. She also agreed with Dr. Stefanoni that Meredith’s DNA was on the blade of the double DNA knife.

Distinguished DNA expert and former Caribinieri General Luciano Garofano analysed the DNA and forensic evidence for the early 2010 book “Darkness Descending”.

He has more than 32 years of forensics experience and is a member of the American Academy of Forensic Sciences. He is considered by many as Italy’s top forensics expert. In his section of the book, he explains at length why he too thinks that Knox and Sollecito are guilty of Meredith’s murder.

Although General Garofano agrees with Dr. Renato Biondo and Alberto Intini that the scientific police did a good job, he thinks the police should have separated the plastic handle from the knife and checked for blood there because it often gathers in the grooves and recesses under the blade.

Stefano Conti has asked Judge Hellman for permission to take apart the handle of the knife.

The conclusions of the DNA retesting must be filed with Judge Hellman’s court no later than May 9 and they will be discussed at the appeal hearing on May 21.

Retesting of the DNA was always a high-stakes gamble for the defense teams and could prove to be game-over for Knox’s and Sollecito’s appeal in a single stroke.

On the other hand, the prosecution has little to worry about either way, as the balance of the evidence is so massive.

Friday, March 18, 2011

John Follain Foreign Correspondent UK Sunday Times Chats Online About Case And Italian Politics

Posted by Peter Quennell

Transcript of a live online Sunday Times discussion with foreign correspondent John Follain on Monday 7 March 2011.

Sunday Times Foreign Editor:

Welcome to John Follain, foreign correspondent for The Sunday Times who has covered Italy since 1998. He has written a book about the murder of Meredith Kercher which is out in August. So let’s begin, John is waiting for your questions

John Follain:

Hello, all set and looking forward to your questions - about the Kercher case, Berlusconi or anything you see fit to throw at me

[Comment From James Ellington]

Hi John, How do you think Amanda Knox managed to gain celebrity status given the gruesome nature of the crime she has been convicted of?

John Follain:

Hi James,

Should we blame the media or the readers? Seriously, I think one big reason why this case has interested people is that they identify themselves with the parents of Meredith Kercher, or of Amanda Knox.

As for Amanda Knox being a celebrity, I’d say the twists and turns of the investigation and the trial have a lot to do with it - as well as her looks and the fact that it has to be a rarity to have an American exchange student with such a background being convicted (the appeal trial is now on, of coruse) of such a crime.

[Comment From Freddy: ]

What do you make of the film? It doesn’t seem to have gone down too well with anyone involved

John Follain:

Hi Freddy,

Having covered so many of the events, it was very moving to see some of them on screen - the actors do look very much like the real protagonists. But I did find it peppered with inaccuracies and callous in its depiction of events just before Meredith’s death - including a completely unbelievable scene showing Rudy Guede embracing Meredith.

[Comment From Rebecca Ward]

So let’s cut to the chase, do you think Amanda Knox to be guilty or has she been wrongly convicted? And what do you base your opinion on?

John Follain:

Hi Rebecca,

Ah, thought that one would come up. Under Italian law, Knox’s conviction doesn’t become definitive until she has exhausted her chances of appeal - meaning the current appeal trial and a possible Supreme Court trial.

Having said that, I do think she played a role in the murder, along with her boyfriend Raffaele Sollecito and Rudy Guede. That’s an opinion based on the evidence against her including the staged burglary, the DNA samples involving all three, and her behaviour at the police station

[Comment From Suzanna, Gloucs]

I have read that Guede was able to elect to go down the “˜fast track’ route for trial. What is that? Sounds like a McDonalds version of the law?

John Follain:

Hi Suzanna,

Not McDonalds but the Italian equivalent of plea-bargaining in a way. The fast track route involves a defendant agreeing to a faster trial, with fewer witnesses and no jury among other conditions, in exchange for a lower sentence if convicted.

But there’s no doubt many in Perugia and elsewhere have been shocked by his final prison sentence of 16 years, which will be greatly reduced for good behaviour among other factors.

[Comment From JJ ]

Can Knox be thought of as credible when saying she had been assaulted and asked questions under duress when being interviewed in light of the Facebook comments and images of swords and rituals?

John Follain:

Hi JJ,

I think it’s hard to accept that she accused an innocent man - Patrick Lumumba, the owner of the bar where she worked - simply because the police supposedly “pressured” her into doing so.

When she appeared in court and was questioned at length by the prosecutor over this, she didn’t come up with a convincing explanation. Plus there’s the fact that the day after the police interrogation, she repeated the scenario of Lumumba killing Meredith at the cottage.

[Comment From Charles and Jane]

I’ve seen interviews with Knox’s parents ““ difficult not to make assumptions here ““ but they seem rather unhinged (especially the mother). I realise it is not the everyday situation you find yourself in re your children but I think they do AK rather more harm than good?

John Follain:

Hi Charles and Jane,

To be honest, no, I don’t think they’re unhinged. I spent more than three hours interviewing them and AK’s sister Deanna in Seattle, and they came across as determined to bring Ak back from Perugia.

As for them doing AK more harm than good, the massive PR campaign they launched didn’t go down well with at least one of her Perugia lawyers, and it has backfired with the courts in the sense that judges in Perugia think the attacks - especially against prosecutor Giuliano Mignini are unjustified.

[Comment From james forrest]

What was the greatest challenge you faced in writing your book and did you meet any of the people connected with the case during the course of your research? Would you be interested to interview Knox if you had the chance? What question would you most like to ask her if you had the chance?

John Follain:

Hi James,

I set out to re-construct events from the moment Meredith and AK arrived in Perugia, through the murder and the subsequent investigation, right up to the current appeal trial - as much as possible describing not only what the main characters did but also what they thought at the time.

So the challenge was obtaining numerous, repeat interviews - one was six hours long - with as many of the characters including the prosecutors, detectives, lawyers, experts, relatives and friends among many others.

Yes of course, which journalist who has followed the case wouldn’t like to interview AK? But she is banned from giving interviews as long as her conviction, or acquittal, hasn’t become definitive. I don’t have a top question for her, what I would like is to ask her to go through events in as detailed a way as possible.

[Comment From Peter Polites]

What do you expect to be the outcome of the Amanda Knox appeal which has been delayed so forensics can carry out a review of the evidence used to convict her? When do you think we will hear the result? And do you think there is the possibility that the forensic evidence was contaminated?

John Follain:

Hi Peter,

Given that more than 20 judges have so far ruled that AK is guilty, I think the appeal court will head the same way - although it could reducer both the sentences for both her and Sollecito.

But no thinks the outcome is certain - the key hearing will be in late May when the court-appointed experts report back on their review of the DNA evidence found on the kitchen knife believed to be the murder weapon, and on Meredith’s bra clasp in her bedroom.

Yes contamination is in theory always possible but I see nothing to indicate that happened here.

[Comment From Ivor Gibson]

There have been heaps of books published about the case of Amanda Knox ““ what does yours do that the others don’t?

John Follain:

Hi Ivor,

I hope that my book offers the fullest-possible account of the case - I hope the reader will feel he or she are with Meredith and her friends in her last weeks in Perugia, behind the shoulder of the prosecutor or the detective as they make their discoveries, with AK and her mother as they talk in prison, and present in the courtroom at the key moments of the trial.

[Comment From Sammy]

what is the reaction of the average Italian to the bunga bunga scandal? disgust or secret envy?

John Follain:

Hi Sammy,

If you believe Berlusconi, 51% are for him, and 49% are against him. The truth is the average Italian does think the scandal is pretty awful but that doesn’t stop a big minority - a majority if you include his coalition partners - thinking Berlusconi is the best man for the job right now.

Basically the Left has yet to persuade anyone apart from diehard followers that it does have a programme for government and can rule the country efficiently.

[Comment From Elise Crothers]

I read that Berlusconi thinks he can prove in court that Karima El Mahroug was not underage when he allegedly paid her for sex ““ what do you think will be the outcome of his trial in Milan next month?

John Follain:

Hi Elise,

The prosecutors are confident that Berlusconi’s claim that she wasn’t underage will be thrown out by the court - her date of birth is on her Moroccan passport and as her father points out, they wouldn’t have spent such a long time trying to get her into community centres for minors if she was an adult.

The outcome is a very tough one to predict, but one near-certainty is that Berlusconi won’t try to stop the trial going ahead. He wants to fight his corner in court by attending all the hearings.

If he is convicted, he would most likely get a suspended sentence because he is over 70 and because he has a clean record.

And if he is convicted, he has said he will stay on as prime minister.

[Comment From jude]

what does Bunga Bunga mean? I think I know but do I?

John Follain:

Hi Jude,

I think I know too, but only on the basis of what Ruby told prosecutors before the whole scandal became public.

And that’s second-hand, in that she said that Berlusconi told her that it was something copied from Gadaffi’s harem - ie. an orgy.

But then again, Berlusconi’s people have claimed it’s no such thing but just a joke about two ministers on an island who come to an obscene end with natives (don’t ask).

And the newcaster Emilio Fede, who is accused of aiding and abetting prostitution for bringing showgirls to Berlusconi’s home, said it was the name of the sofa

[Comment From Mary]

How can you stay on as Prime Minister if you are convicted?

John Follain:

Hi Mary,

A prison sentence of three years or more would automatically include Berlusconi being barred from holding public office for a year or more. But that wouldn’t become definitive until the case was ruled on by the Supreme Court, which could be in a couple of years or more.

[Comment From Simon Kennedy, Edinburgh]

Last year Berlusconi fawned over Gadaffi, treating him like royalty on his visit to Italy and has also described him as “my great friend”. Now they seem to have changed direction due to the threat to their energy supplies. Should Italy take a stand against Gadaffi and what would this mean for the Italian economy?

John Follain:

Hi Simon,

Despite Berlusconi’s previous “friendship”, and embarrassing scenes including Gadaffi being allowed to lecture young women - all from a PR agency - bussed in to attend his lecture on “Islam”, Italy says it will stick to whatever the EU and the UN decide on sanctions.

But it’s been noticeable that Libya’s interests in Italy - there’s even a stake in the Juventus soccer club - have gone untouched officially because they’re not held by Gadaffi himself or his clan.

The trouble for Italy is that taking too strong a stand against Gadaffi could threaten vital energy supplies.

And the Italians are quick to point out that they were not alone in giving Gadaffi red-carpet treatment.

[Comment From Gemima9]

how will Italy cope with the thousands of North African migrants arriving in the country after the unrest in the middle east?

John Follain:

Hi Gemima,

The government hopes it won’t be alone in coping and that other EU countries will step in, because it simply doesn’t have the facilites to cope with the possible arrivals - some estimates are around 250,000 to Italy alone.

The emergency plans drawn up by the government including using converted barracks to house them but this would all be temporary. And the UN High Commissioner for Refugees has regularly criticised the way Italy has been dealing with previous cases, saying it doesn’t give them a proper chance to claim and obtain refugee status.

Sunday Times Foreign Editor

Well, that’s all we have time for folks. Thank you for all the questions. Thanks to John for giving us his time. Do tune in next week at the same time for another heavy-weight topic. Have a good week. Bye.

John Follain:

Thanks to you all for your interest, and hope we get another chance to talk soon.

According to a BBC report Bunga Bunga is the nickname of Greman actress Sabina Began who organizes Mr Berlusconi’s controversial parties. Therefore “bunga bunga parties”.

Not everybody is buying that explanation it seems. Other versions keep surfacing.

Thursday, March 17, 2011

Today’s Celebration In Italy Of Its Unification Into One Nation 150 Years Ago

Posted by Peter Quennell

Wednesday, March 16, 2011

Remarks Mocking Japan Win Disapproval In The American Media

Posted by Peter Quennell

Most Americans are eager global travelers (or would be if they could afford it) and large numbers live through choice in foreign countries.

But there are some for who certain foreign countries seem to give problems. Italy has been given a vey hard time over Meredith’s case, both by some journalists we previously thought reputable and by some anonymous commenters online.

Typically they depict an Italy that none of us here recognise, and as we periodically try to show through our videos, images and reports there is a reason why in the eyes of most of the rest of the world it is rightly seen as a gentle, cultured, beautiful country.

Japan is another country toward which a few media stars and a few online commenters have felt safe in presuming there’s an open season for unkind remarks. But not, it seems, any more.

Dozens of media sites are today reporting negatively on such remarks.  Best not to repost the unpleasant remarks right here. But click on the image above for some examples, and the reactions they are now engendering. 

The reader comments below that report are good. The decent broad middle steps in.

Sunday, March 13, 2011

Fifth Appeal Hearing: Testimony On Club Closings And Buses Leaves Credibility Of Eyewitness Intact

Posted by Peter Quennell

The shot above from the front of the School for Foreigners is of Piazza Grimana.

Click for a larger image. You can see the square with the benches at extreme left and right, and at rear the basketball court where Rudy Guede played. At the back there at the far right are the stone stairs down which Knox and Sollecito may have entered the park.

The many traversing buses mostly stop right in front here and they would block most of that view.

It is hard for us to see the defense witness testimony from six witnesses - one nightclub owner apparently refused to show - that several clubs were closed and several buses not running as any big deal.

In this post below we mentioned that Judge Micheli at Rudy Guede’s trial in October 2008 had accepted the testimony of Mr Curatolo because he said it was the night before the police descended on Meredith’s house and the square.

Judge Masse’s court also used this as a pointer to Mr Curatolo’s credibility and the Supreme Court of Cassation in denying Guede’s ten appeal grounds also endorsed the testimony as good. 

Here now is a repeat of our report on Mr Curatolo’s day in court by our man in the court at the time, StewartHome2000,  almost precisely two years ago (29 March 2009).

He is a fixture in Perugia. He is a vagrant that spends most of his time hanging around Corso Garibaldi (the street where Sollecito lived) and Piazza Grimana (the piazza in front of the School for Foreigners within eyeshot of the gate of Meredith’s house on Via della Pergola).

The crowd murmured as he was helped in by court assistants, uncleaned and dressed in an old jacket and winter knit hat. His skin was dark against his long un-groomed white hair, beard and mustache. But once he opened his mouth, you knew that this guy was no slouch. He spoke clearly, concisely and directly, and was very certain of what he saw.

His testimony never swayed and was consistent even under cross examination. In short, his appearance was one thing, his articulate convincing testimony was another.

He stated that he has been a regular hobo (for lack of a better term) around that part of Perugia for about 8-9 years. He testified that he was in Piazza Grimani around 9:30-10:00pm when he saw across the piazza two people, a man and a woman. He described them as a couple from the way they were sitting next to one another.

He was asked to describe them and he turned and looked at Amanda, just a few feet away, and said calmly, “it was her”, and then looked at Sollecito and said “and him.” He stated that having been in that area he had seen them before separately, but this was the first time he saw them together. But he was certain it was them.

He said also that, although he did not watch them all the time, he did see them again “poco prima di mezzanotte” or “just before midnight” at the same place. He originally said that they were there from 9:30 through midnight, but clarified that they were there at 9:30-10:00pm and may have left around 11-11:30 and then returned to be there just before midnight.

After midnight, he left the piazza to go to the park and sleep.

The next day, he arrived at his faithful piazza around 12:00pm, and eventually, around 1:30 or so, he saw the carabinieri pass by, and the police and crime scene staff, and stated that he watched them at the scene, including the CSI people dressed in the full-white suits.

Under cross-examination, Sollecito’s lawyer Ms Buongiorno may have thought she had an easy target. But in fact he held up extremely well. She asked, “how could you possibly know it was 9:30?” and he responded “Because the sign next to the piazza has a digital clock. I look at it often to check the time”.

He stated that “when I sat on the bench to read I looked at my watch and it was just before 9:30pm”¦.and I saw them shortly afterwards.” He said he knows what he saw, and he saw those two! No more questions.

Buses and nightclubs were not even mentioned in this comprehensive report. They were not even brought up by the defenses to rebut Mr Curatolo’s timeline two years ago.

The defenses again seem to be clutching at straws.