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Knox’s lawyer Carlo Dalla Vedova said his client wants the Lifetime TV movie withdrawn.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.

Posted by Peter Quennell on 03/18/11 at 04:31 PM • Permalink for this post • Archived in News media & moviesExcellent reportingMedia developmentsComments here (17)

Thursday, March 17, 2011

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

Posted by Peter Quennell












Posted by Peter Quennell on 03/17/11 at 08:49 PM • Permalink for this post • Archived in The wider contextsItalian contextComments here (10)

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.

Posted by Peter Quennell on 03/13/11 at 05:27 AM • Permalink for this post • Archived in Evidence & WitnessesOther witnessesAppeals 2009-2015Hellmann 2011+Comments here (5)

Saturday, March 12, 2011

Fifth Appeal Hearing: The Two Appellants Arrrive In The Courtroom

Posted by Peter Quennell



Posted by Peter Quennell on 03/12/11 at 12:51 PM • Permalink for this post • Archived in Appeals 2009-2015Hellmann 2011+Comments here (13)

Friday, March 11, 2011

Fifth Appeal Hearing: What Will Be On The Agenda Tomorrow In Court

Posted by Peter Quennell


Scheduled for tomorrow are seven witnesses for Sollecito’s defense, which is trying to prove that the eyewitness in the park, Mr Curatolo, got his dates wrong.

One of the ways in which Mr Curatolo identified the night on which he says he watched Knox and Sollecito sitting and talking in the park and periodically peering in the direction of the gate of Meredith’s house was by the presence of some buses.

They may have been the buses which climb up the very narrow Via Ulise Rocchi from the square to some clubs further up. However many, many other buses also pass through that square.

The defense hopes to land its first blow on the prosecution’s case by showing that on the night those nightclub buses weren’t there - that the clubs were closed that night for the holiday, and so the nightclub buses were nowhere to be seen.

Is this crucial? We think not. Mr Curatolo is useful in establishing a possible timeline for the night, but not for much more than that. The prosecution have never given the slightest hint that they believe anything like their whole case hangs on him.

And in Rudy Guede’s brief trial in October 2008 Judge Micheli accepted Mr Curatolo’s testimony as valid because he said he saw Knox and Sollecito on the night before all the police descended on Meredith’s house and the square.

Judge Micheli examines the evidence of Antonio Curatolo. He says that although Curatolo mixes up his dates in his statement, he does have a fix on the night he saw Amanda and Raffaele in Piazza Grimana sometime around 11:00 to 11:30pm. Curatolo is certain it was the night before the Piazza filled up with policemen asking if anyone had seen Meredith.

In his evidence, he says they came into the square from the direction of Via Pinturicchio and kept looking towards the cottage at Via della Pergola from a position in the square where they could see the entrance gate.

Judge Micheli reasons in his report that their arrival from Via Pinturicchio ties in with the evidence from Nara Capazzali that she heard someone run up the stairs in the direction of that street. He also reasons that they were likely watching the cottage to see if Meredith’s scream had resulted in the arrival of the police or other activity.

Acceptance of his testimony is already endorsed by two appeals courts, including the Supreme Court of Cassation, and all the decisions and all the evidence from all three courts now get ported into the Knox-Solleito appeal.

You can see photos of the square here and the view down to the gate of Meredith’s house here.

Posted by Peter Quennell on 03/11/11 at 06:42 PM • Permalink for this post • Archived in Evidence & WitnessesOther witnessesAppeals 2009-2015Hellmann 2011+Comments here (7)

Thursday, March 10, 2011

Giuliano Mignini’s Trumped-Up Conviction For Guessing Right In The MOF Case

Posted by TomM





We previously posted on the case here and here and here.

Giuliano Mignini became involved in the Monster of Florence case only years after many people had already come to believe a satanic sect in Florence might be behind the MOF murders. But he pursued it with a vengeance when a body that in 1985 mysteriously washed up on the shore of a lake in his jurisdiction showed signs of murder.

And when the crime fiction writer Doug Preston injected himself into the case under a pseudonym and appeared to be planting evidence, Mignini gave him a very brief shaking up and Preston timidly removed himself from the case and from Italy - to turn to inventing a whole lot of fiction about it from safely across the Atlantic. 

Here now is the fine Italian journalist Adriano Lorenzoni, describing The Strange Conviction of PM Giuliano Mignini by the prosecutor whose frustrated conversation was captured (the recording seemed to prove there was indeed a satanic sect in Florence) in objective terms that prove sympathetic to Mr Mignini.

Translation here is with the kind help of my fellow poster Clander.

The Perugian investigation of the instigators of the crimes of the Monster of Florence has, in effect, been stopped.

In January of 2010 the Public Prosecutor of Perugia, Giuliano Mignini, and the former head of the flying squad of Florence, Michele Giuttari, were sentenced by the Court of Florence on the charge of abuse of office in an investigation into some Perugians connected to the “instigators” of the crimes of the Monster of Florence. According to the prosecution’s theory, Mignini and Giuttari illegally wiretapped and investigated journalists and law enforcement officials to influence their activities.

These are abnormal proceedings, since the Public Prosecutor Mignini had been properly authorized by the Investigating Magistrate of Perugia to use wiretaps for his investigation, actions that he had the duty to carry out. Abnormal proceedings also because leading the investigation against Mignini and Giuttari was the same Public Prosecutor’s Office [Procura] that Mignini [PM di Perugia], had investigated the head of, Ubaldo Nanucci. Not by chance did Dr Mignini object to the jurisdiction of that Office [Procura] to carry out the investigation and raise objections of the legitimacy of the judgment. The Court of Appeal of Florence will hear the appeal next November 22 [2011].

This all springs from a recording made by Michele Giuttari of one of his conversations with a Deputy Prosecutor of Florence, Paolo Canessa, in which Canessa states that his boss was not a free man and admits to having been hindered by the then Prosecutor General, Ubaldo Nannucci, regarding the requests of Dr Giuttari into the investigation of the crimes of the Monster of Florence.

Giuttari [then] sent the recording to Mignini, who turned it over to the Prosecutor’s Office of Genoa which had been authorized to investigate the magistrates of Florence. Prosecutor Nannucci was then investigated [verrà  inquisito] for having slowed down, or rather obstructed, the investigation of the Monster of Florence. Genoa promptly dismissed [archivierà ] it.

Giuttari continued to complain to Mignini about the conduct of the police commissioner of Florence, De Donno who, as ordered by the Ministry of Internal Affairs, should have set up a new wire tapping room for the GIDES (serial crimes investigative unit) where Giuttari and his men were working [si erano sistemati]. De Donno never set up the new room [cosa che non fa]. Mignini charged him and sent the file to Florence.

A question comes to mind: where is the abuse of office in all of this?

It is also puzzling why there was such an apparent lack of interest in the investigations conducted by Michele Giuttari, even when they are not being obstructed. “The instigators must not be investigated because there are only conjectures, a fruitless waste of time,” Giuttari is told.

Astonishing. As long as the [lowlife] “snack buddies” are being investigated [for the MOF , all is well. It’s fine to investigate Pacciani, Lotti and Vanni; but when the investigation tries to produce greater results [si alza il tiro], problems start to arise. Michele Giuttari was even relieved of his post and transferred.

Prosecutor Mignini’s office is searched and documents from an ongoing investigation into the death of the Perugian doctor Fransesco Narducci are seized, documents which Mignini had without success objected were secret.

Another question comes to mind: why so much fear (in Florence and in Perugia) about the investigation of the death of Francesco Narducci?

According to the Perugian Public Prosecutor [Mignini], Francesco Narducci was connected in some way to the Monster of Florence case.  Giancarlo Lotti, one of the [lowlife] snack buddies, asserted that some doctor was given the amputated parts of a female body, in exchange for money.

Crimes, therefore, on commission [i.e. murder or mayhem for hire] by a doctor. A real doctor, not the mere pharmacist, Francesco Calamandrei, of San Casciano val di Pesa. Among other things, during the investigation it emerged that Calamandrei and Narducci knew one another. Narducci then died in unclear circumstances on October 13, 1985. Drowned in the waters of Lake Trasimeno. One month after the last murder committed by the Monster of Florence.

Suicide was claimed at that time. A truth considerably less than believable. So much so that while the Preliminary Investigations Judge [GIP], Marina De Robertis, dismissed the case for lack of enough evidence [con formula dubitativa] the hypothetical murder case against certain suspects (the journalist Mario Spezi, the pharmacist from San Casciano, Calamandrei, and others) and declared it time-barred, still, evidence exists of other crimes committed at the time: the concealment and abduction of a corpse and the falsification of numerous public records.

Moreover, since last April, we have been waiting to learn the reasoning with which, for different reasons, including claimed lack of evidence, the Preliminary Hearing Judge, Paolo Micheli, acquitted twenty people (including Narducci’s father and brother) of charges of forgery, criminal conspiracy, dereliction of duty, and concealment of a corpse.

Against this decision of the Preliminary Hearing Judge, Public Prosecutor Mignini will most likely file an appeal as soon as the sentencing reports are lodged which should have been lodged last July 20 [2010].

Mignini and Giutarri were acquitted of the charges of abuse of office (and Mignini also of aiding and abetting Giuttari) because it was not proven that any crimes were committed [i fatti non sussistono] (and the Florence Prosecutor’s Office did not appeal).

[The abuse of office charges] related to their so-called parallel investigations to those of the Genoa Prosecutor’s Office, which was investigating the former head of the flying squad of Florence for false acts [falso] due to the recording of the conversation with the deputy [Prosecutor] Canessa (of which we have spoken above) which, according to the indictment, had been tampered with. This investigation then led to the search of the office of the Public Prosecutor of Perugia [Mignini’s office] and the seizure of numerous investigation documents.

Needless to add that the proceedings against Giuttari and the two police officers concluded with a judgment of non-suit for absolute lack of foundation of fact, as proclaimed by the Genoan Preliminary Hearing Judge Roberto Fenizia. The “aberrant” conviction of Giuliano Mignini does not have immediate disciplinary consequences of any kind. The disciplinary proceeding is in fact suspended until the resolution of the criminal case on which it depends.

And Public Prosecutor Mignini is able to continue to carry out his functions, in trials of great importance and of international interest, such as that relating to the death of the English student, Meredith Kercher.


Tuesday, March 08, 2011

Strange Story Of Congressional Knox Supporter Apparently Becoming Over Aggressive

Posted by Peter Quennell



[Above: Portland, largest city in Oregon, David Wu’s constituency; Mount Hood at back there]

A few months ago Oregon Congressman David Wu wrote a mean and inaccurate letter on Knox’s behalf

Now his own Congressional staffers are having to restrain him from becoming too over-the-top on other matters.

Their concern had been spiking for weeks in tandem with the Oregon Democrat’s increasingly unpredictable performance on the campaign trail and in private. He was loud and sometimes angry, some of them told The Oregonian. He said kooky things to staff and—more worrisome with a tough election fast approaching—around potential voters and donors.

Earlier and gentler efforts had failed, so the tight-knit group of high-level staff took other steps, including quiet inquiries about the availability of beds in hospitals in Portland and Washington, D.C., multiple sources familiar with the effort told The Oregonian.

Several staff members confronted Wu for the final time on Oct. 30. Wu’s psychiatrist was brought into that meeting as well, joining the group at the Portland campaign headquarters by speaker phone. The meeting was held after four consecutive days of troubling behavior that led the staff to agree that Wu needed a higher level of medical care, according to people intimately familiar with the events of that period.

“This is way beyond acceptable levels and the charade needs to end NOW,” wrote Lisa Grove, a senior and long-serving campaign pollster, in an e-mail to colleagues that day. “No enabling by any potential enablers, he needs help and you need to be protected. Nothing else matters right now. Nothing else.”

Wu, however, remained defiant, sources said. He left the meeting and said he was going to a movie.

Unfortunate case. What a surprise.

Posted by Peter Quennell on 03/08/11 at 05:24 PM • Permalink for this post • Archived in The wider contextsN America contextMore hoaxersComments here (8)

Saturday, March 05, 2011

Thoughts On Meredith’s Tragic Case And Its Significance In The Bigger Scheme Of Things

Posted by Saskia van der Elst


As one of the regular commentators on this forum once pointed out, the question we all are trying to answer regarding the pointless murder of the talented and beautiful Meredith Kercher in Perugia is: What is it, that keeps on drawing us to this case?

We all have our own reasons. According to me, a murder case seldom has so much in common with an old school murder mystery, or “whodunnit”. A victim that you instantly sympathize with, several suspects, each with their own particular background, ethnic origin and possible motives, a tragic event taking place on the day of the Death, a charismatic prosecutor, who himself is the center of some controversy, and all of this set in the stunningly beautiful medieval hilltop town of Perugia, with its two universities, its relatively small population and its many temporary residents, studying and partying in the small town center.

All are ingredients for a captivating story: a small universe, that can easily be explained to an outsider and once you heard the beginning of the story, you crave more. More information, more depth, more color. For those that have a normal, healthy brain, there comes a point in any murder mystery where you are convinced of the guilt of one or more of the characters in the story and as you near the end of the story, there might be an unexpected twist, but you can rest assured that you will find out who did it.

Of course, in real life stories don’t follow formulas, most of the time they don’t have a definitive ending and in the case of the murder of Meredith, the book is not closed. The three perpetrators of the crime have been convicted to a total of 67 years in jail between the three of them, but all three maintain their innocence. We all know that three cannot keep a secret, so it is a matter of time until one of them reveals more about the exact events that took place on the 2nd of November in 2007.

Each of the three perpetrators will go through a process of maturing in prison. Once they feel they have paid a significant price for their crime, they may realize the graveness of they crime and realize that they made bad decisions in their past. Not until that moment, they can find redemption and may feel the need to let the world know that they have changed as a person. All three perpetrators were immature in their own way when they committed their crime, so it might take a while for them to mature enough to be able to face reality.

Rudy might be the first one to reach that point, since he is more or less an orphan, with no controlling relatives, friends and others with vested interests in the lies that have masked the truth. Nobody will lose face if he decides to confess his participation in the crime. The same thing, but to a lesser degree,  is true for Raffaele. Since he never even cared about clarifying all inconsistencies in his stories, he implicitly has already admitted his involvement. He too, doesn’t affect many people if he opens up and gets clean. The only close relatives he has are his father and sister and they have not publicly expressed a strong believe in his innocence.

Amanda is in a much more difficult position, because of the amount of people that was mobilized to defend her. By now she has been the income generator for quite some people and although nobody envies her parents, they have a clear mission, that keeps them occupied and that gives their lives meaning. The moment Amanda would confess her involvement, the parents would be forced to exchange the “free my innocent daughter” banner for one that reads “I raised a murderess that is serving two and a half decades in a foreign prison”.

On top of the above, the process of coming clean might be a slow one, because all three suffer from uncertainty about how the other two are doing. That uncertainty might cause postponing the advance, until they are forced to speak up, because one of the others did so first.

The result for those that are following the case is that we know we don’t have all information yet and for us to fill in all the blanks and be able to understand what exactly has happened to Meredith we need that information. Until we have it, we cannot accept the story as is as it leaves us unsatisfied. Of course we are talking about a true story here and not about a work of fiction, but for the rational part of our minds that doesn’t make a difference.


Friday, March 04, 2011

Why The Mafia Tool “Bruce Fisher” Appears To Be Becoming Terminally Unglued

Posted by Peter Quennell


Being essentially a cowardly and wrongly qualified person, the web poster who call himself “Bruce Fisher” tries hard to conceal his real name.

We are told he is a semi-employed blue-collar IT worker desperate to make a career out of exploiting Meredith’s sad death. Now the readership of his highly fictional “Injustice In Perugia” blog has dropped right through the floor. Intelligent readers are avoiding it in droves.

At around 3.2 millionth place in the world, it can safely be classed as a total disaster.

At its very highest readership - which was a long time ago - “Injustice In Perugia” never broke into the top one million - despite Fisher’s avid spamming of its site address on almost every media thread on the case.

TJMK in very sharp contrast has never dropped OUT of the top one million websites in the world in the past three years. It has three times broken into the top 100,000 and several times our site hosters have had to throttle back site visits when the BBC and other mega-sites linked.

An amazing record for a website that has been essentially promoted by our kind readers’ word of mouth and google searches and unsolicited media links.

As of this month (see image at bottom) TJMK is at 774,000 in the world. It is slightly ahead of our sister site the PMF forum and TJMK has more readers in the world right now than all of the conspiracy theory sites COMBINED.

Fisher is said to bring no relevant expertise to the case. He has no relevant qualifications, he does not speak Italian, and to our knowledge he has not even been to Italy. His site is replete with faux summaries and faux images and it seems nothing there can really be trusted.

In fact Fisher’s website and his new Kindle book on the case are regarded as so lightweight and riddled with error that we have never managed to encourage any of our lawyers to dwell there long enough to come up with a critical post.

Lately his trademark vicious personal attacks, which started with his repeated sliming takes on Prosecutor Mignini, now seem to have have lost all constraint as to their language and their targets.

Fisher has just come come up with an ugly and widely criticised post on his site which viciously attacks in very personal terms a regular reporter on the case and some others including some of us here.

His is an appalling claim about a very fine journalist who is widely praised among her colleagues for extreme objectivity, and who has been employed again and again in Italian-language and English-language TV reports on the case. 

In that same article, Fisher takes some off-target cracks at myself, which my lawyers are now taking a look at. A “gotcha” image of me is included. This image of me is less than three years old and you are welcome to read who I am there.

Fisher seems to have already painted a serious calunnia target on his back with his repeated accusations of criminal conduct against Prosecutor Migni and other justice officials in Rome and Perugia. Now he seems to want to pin a big libel target on his back as well.

Fisher really should drop to the fact that Knox’s own lawyers and relatives have wanted the conspiracy theorists’ rabid language scaled back.

Not least because they are good friends with Mignini and they cannot prove ANY criminal intent or major mistakes by the prosecutors or investigators - which, in fact, they have never ever claimed.

The conspiracy theorists’  window of opportunity has closed. They have already lost all but a very few followers. Even Amanda Knox herself doesn’t seem to want to know them.

Time now that they abandon their various tanking websites and books, and bow out of the scene rather more gracefully.


Posted by Peter Quennell on 03/04/11 at 06:17 PM • Permalink for this post • Archived in • Comments here (38)

Thursday, March 03, 2011

The DEFENSE Not Italian Officials Leaked About Knox HIV Test In Capanne DRAFT

Posted by Michael





The several wrong facts in the Lifetime movie,  especially of timeline, perhaps balanced one another out, and seemed to leave many viewers sensing the possibility of guilt.

However, there was one very serious wrong claim in the movie and in the following documentary which implied criminal action on the part of the Capanne Prison medical staff and prosecutors and may have aroused a lot of false sympathy for Amanda Knox.

The film depicted Amanda knox being told by the doctor at Capanne that in a routine test she tested positive for HIV and to write down a list of her previous partners. Later, a confrontation was shown between an angry Amanda and the doctor (which never happened) when he told her she was all clear.

In reality, the doctor told Amanda at the start that the test was probably a false positive and that she shouldn’t worry and that another test would be run. The doctor never instructed Amanda to write out a list of her previous partners. And the prosecutors never leaked that list.

In Amanda Knox’s own words, you can read above how it went down: She chose herself to create the sex partners list.

The myth in the movie of how the sex partners list was created and spread around was then later compounded by the ‘Knox friendly’ Lifetime documentary. That also claimed Amanda Knox was told to write down her list of partners by the doctor and then her diary was leaked by prosecutors to the public.

We know this to be false. We know that it was instead Amanda Knox’s own lawyers that leaked the diary with the sex partners list (to journalists like Barbie Nadeau) and the family effort that leaked it to people like Frank Sfarszo (who duly published Amanda’s diary page on previous sexual partners), and Candace Dempsey, and even tried to leak it to us!

Amanda’ Knoxs family know the truth of this, but have not yet come out and corrected a seriously wrong pervasive impression. And Lifetime repeated the lie of the sex partners list, leading millions to believe the ILE deliberately terrified, tricked and humiliated Amanda Knox.

But they didn’t. Amanda Knox herself showed it was not so.


Lifetime’s Misleading Portrayal Of Knox HIV Leak: One Of Many Dishonest Knox-Team Leaks

Posted by Michael



Above and below: images from the two misleading scenes

1. Movie Advances HIV & Sex Partners List Hoax

The Lifetime movie nicely depicted Meredith and Dr Mignini, and was not tough on Knox, though it seemed to leave many viewers sensing the possibility of guilt.

However, there were several seriously wrong scenes in the Lifetime movie, and also in the associated Lifetime documentary. Two scenes advanced the HIV-test and sex-partners-list hoax.

    1. In a first long and emotional scene, the film depicted Amanda Knox being told by the doctor at Capanne that in a routine test she tested positive for HIV. It implied the test was a form of pressure. It showed Knox being told she should write down a list of her previous partners.

    2. In a second long and emotional scene, the film depicted a confrontation between an angry Amanda and the doctor when he told her she was all clear. And thereafter depicted that it was the the prosecution that leaked the sex partners list.

These implied criminal actions on the part of both the Capanne Prison medical staff and the prosecutors, and aroused a lot of false sympathy for Knox.

2. The Hard Facts About Knox’s HIV Testing

1. Lifetime V Reality: Knox Had Herpes When She Was Tested

Lifetime simply depicted Amanda Knox being told by the doctor at Capanne that she tested positive for HIV. It implied the test was unusual.

In fact, on her admittance to Capanne Prison, Knox was simply routinely tested for HIV and some other possible conditions, as all prisoners are, for their own good.

Knox had herpes at the time, visible on her lip in many photographs, and herpes can result in a false positive result for HIV.

2. Lifetime V Reality: Proof Knox Warned Positive Test Maybe False

Lifetime did not depict Knox being warned about false positives. But Knox’s diary reads:

Last night before I went to bed I was taken down to see yet another doctor who I haven’t yet met before. He had my results from a test they took which says I’m positive for HIV.

First of all the guy told me not to worry, it could be a mistake, they’re going to take a second test next week….

3. Lifetime V Reality: Knox Herself Creates Sex Partners List

Lifetime claimed Amanda Knox was told to write down her list of partners by the doctor.

But in Amanda Knox’s own words, you can read how it went down: She chose herself to create the sex partners list. The doctor never instructed Amanda to write out that list. Her diary reads:

Thirdly, I don’t know where I could have got HIV from. Here is the list of people I’ve had sex with in Italy [strike Italy] general:...

4. Lifetime V Reality: There Was No Angry Confrontation

Lifetime depicts a yelling, pointing Knox, who has to be restrained.

The doctor merely conveyed the news of a negative results and Knox cheerfully went off. He had no ill intent, she did not get angry, and no accusations were made.

3. The Hard Facts About Who Leaked The Results & List

Lifetime implied that Knox’s diary with the list of partners was leaked by the prosecutors to the public.

We know this to be false. We know that it was instead Amanda Knox’s own lawyers that leaked the diary with the sex partners list (to journalists like Barbie Nadeau). And that the family effort leaked it to people like Frank Sforza (who duly published Amanda’s diary page on the previous sexual partners), and Candace Dempsey, and even tried to leak it to us!

Amanda’s lawyers leak like sieves, always have, and they’ve rarely, if ever, asked Amanda permission to do so. It isn’t actually required, since she’s already given them permission to act on her behalf. In a way, it’s a bit like electing a politician. Once you’ve elected them, they don’t have to come back to you (the electorate) for permission every time they want to pass a bill, create a new policy or enter into negotiations.

When we had our own reporter (Stewart Home) attending the trial, the defence happily showed him anything in the case file he asked to see. In fact, many times they offered without his having to even ask.

In addition, Amanda’s family have been doing quite a lot of ‘leaking’ themselves. Frank Sforza and Candace Dempsey got most of their data from them, as did Charlie Wilkes, Mark Waterbury and Bruce Fischer. And this leaking by the family started long before the trial.

It needs to also be pointed out, Sollecito’s family and lawyers have also been doing their share of leaking.

However, the Knox family and their followers have been only too happy to publicly blame all this leaking on Italian law enforcement (ILE) and cite this as another injustice against their daughter. The US media have been only too happy to carry these accusations, without question. This is how the ILE have been framed and it stinks.

4. Relevant Misleading Scenes In The Lifetime Film

Top and below: the first partly imaginary scene




Above and below: the first partly imaginary scene




Below: the second very misleading scene




Below: the second very misleading scene



5. Bottom Line: One Of Many Knox-Team Hoaxes

Amanda’ Knoxs family know the truth of this, but have not yet come out and corrected a seriously wrong pervasive impression.

And Lifetime repeated the lie of the sex partners list, leading millions to believe the ILE deliberately terrified, tricked and humiliated Amanda Knox.


Monday, February 28, 2011

Andrea Vogt: Supreme Court Report Highlights Amanda Knox Mention To Mom She Was There

Posted by Peter Quennell



[Above: Amanda Knox and her mother in courtroom when Edda Mellas testified 19 July 2009]

Andrea Vogt in the Seattle PI translates from the Cassation Report described in our two previous posts.

A sentencing report just released by the highest Italian appeals court sheds new light on why so many Italian judges have maintained Amanda Knox was involved in her roommate’s murder.

The document, among others, cites a conversation Knox had with her parents while under surveillance during a prison visit in which she said “I was there,” apparently referring to the night of the murder.

Amanda Kox’s remark was recorded at Capanne Prison and was long public knowledge, but that the Supreme Court listed it among other evidence of involvement in this report is significant.  The report summarises what is the evidence against all three, especially that against Rudy Guede.

The court…said that based on the 43 wounds to Kercher’s body (and the time it would take to inflict them) that it was… probable that Guede and two others forcibly held Kercher down, threatened, taunted and eventually fatally stabbed her.

The Court’s quoted language is extremely hard and gives a sense that the judges were appalled. The Court’s report has been out in Italy for over four days now - but the Seattle PI’s is the first extensive US or UK media summary.

The US and UK media have a pretty consistent habit of ignoring these inconvenient reports.


Sunday, February 27, 2011

Five Sleepers For The Knox And Sollecito Defenses That Could Make Matters Even Worse

Posted by Peter Quennell



[Above: Knox defense lawyer Carlo Dalla Vedova and Sollecito defense lawyer Luca Maori]


The situation actually seems tougher for the defenses than even the very stark facts in the post below suggest. Here are some sleepers.

1) All the DNA tests could go against them, Amanda Knox’s DNA might be confirmed on Meredith’s bra or bra clasp as several DNA witnesses believed it was, and if the opening of the knife handle is permitted, Meredith’s DNA might be discovered in there.

2) The defenses hope to destroy the timeline of Curatolo the eyewitness in the park by proving there were no nightclub buses operating that night. But Judge Micheli said that in accepting him as credible his statement that he saw the two in the park the night before all the police activity at the house was enough, and did not even mention any buses. The Hellman court might agree.

3) Prosecutors interviewed and investigated both Alessi and Aviello but never revealed what they found out. If the defenses call them as witnesses, as they desperately need to in light of the Supreme Court of Cassation position below that Guede and two others were involved, they could be destroyed in cross examination and end up facing perjury charges and longer prison terms as a result.

4) The Hellman court might discount the Massei scenario that Guede just happened to be there for a reason not explained, and just started to molest Meredith with two others nearby, who then just oddly chose to join in on his side with some handy knives. The prosecution and Judge Micheli both believed the hazing of Meredith was probably a Knox-driven initiative. The prosecution could make this a main argument in the requested waiving of the mitigating circumstances the Massei court allowed.

5) Sollecito and/or Knox could insist on mounting the witness stand despite counsel advice and in trying to explain the alibis and cellphone and computer happenings and a few other things might collapse under cross-examination - their first unrestrained cross-examination in this process.

Raffaele Sollecito’s superstar lawyer Giulia Bongiorno, now on maternity leave, may not be heard from again. And Sollecito still seems to be maintaining some separation and not giving Knox any help with her fifth alibi.

Posted by Peter Quennell on 02/27/11 at 06:11 PM • Permalink for this post • Archived in Other witnesses30 Alessi hoax31 Aviello hoaxComments here (9)

Saturday, February 26, 2011

Very Hard Language Of Supreme Court In Rejecting Guede Appeal, Confirming Three Did It

Posted by Peter Quennell


The report of the Supreme Court of Cassation released on Thursday was foreshadowed in content in our post of 17 December:

Rudy Guede’s appeal is rejected on all ten grounds. His appeal grounds were ugly and dishonest and he has no further appeal. He will serve his 16 years, with maybe some time off, for being a savage willing party to the cruel stupid murder of Meredith.

Rudy Guede will go down in infamy for his sex crime against a defenseless victim, for being a party to a taunting torturing knife attack, for claiming Meredith invited him in for consensual sex, and for not calling for help for Meredith and maybe saving her life while it was still possible.

Cassation continues the fine Italian court tradition in this case of taking a firm and unblinking position, and for being utterly oblivious to the vile over-the-top campaign of Curt Knox, Edda Mellas and David Marriott which may now haunt Amanda Knox all of her life.

What really caught the Italian media’s attention and made this the second most widely reported development in the case after the Amanda Knox-Raffaele Sollecito verdict was the icy hard language, the pure contempt for the depraved pack attack, the total rejection of all Guede’s stories, including his oft-repeated and totally unbelievable claim that Meredith invited him in and wanted love-making, and the court’s conclusion once again that the evidence methodically described in the Micheli Report overwhelmingly proves that THREE perpetrators took part in the crime.

The Court of Cassation in this report made clear that Knox and Sollecito are not already formally nominated as the other two perpetrators and it does wait the referral of the outcome of the present appeal in Perugia. But unless the defense witnesses Alessi and Aviello can indeed convince Judge Hellman’s appeal court that Guede attacked Meredith with friends or that some other people entirely carried out the attack, there seems no way out for them. 

The court also indicated that it considered the motive of the attack on Meredith to be frivolous, which is precisely what the prosecution claims in the current Perugia appeal as grounds for rejecting Massei’s mitigating circumstances, and for increasing Knox’s and Sollecito’s prison sentences to life terms. 

This post of a month ago further explains Knox’s and Sollecito’s almost insurmountable problems.

The written report from Cassation on that December 2010 decision on Guede’s final appeal (due soon), plus Judge Micheli’s Sentencing Report for Rudy Guede of January 2009, plus all that associated evidence, now gets automatically ported by law straight into Knox’s and Sollecito’s appeal.

Judge Micheli took a hard line toward Rudy Guede, and he sentenced him to 30 years. He also remanded Knox and Sollecito to trial, and his report explains the basis for that remand.

Judge Micheli’s remorseless and tightly argued report (see summaries below) very comprehensively backed up his decisions. (Later reductions in sentence were automatic and they flowed from the terms of Guede’s short-form trial, and some controversial mitigating circumstances advanced by Massei for Knox and Sollecito.)

The prosecution’s appeal against the Knox and Sollecito sentences argues that the acceptance of mitigating circumstances by the Massei court should be thrown out, and that Knox and Sollecito should be subjected to a longer sentence. Remember that even in the case of Alessi’s wife, who was not even present when he beat the kidnapped baby to death, she received a sentence of 30 years.

So here is how it is stacking up:.

For the prosecution, four courts including the Supreme Court of Cassation have ruled that three people participated in the crime against Meredith, plus all of the evidence from both the Guede and Knox Sollecito trials now comes in, plus the prosecution is appealing for tougher sentences, which seems well justified based on precedents.

And for the defenses? Will they now feel they have no choice but to put Knox or Sollecito or Alessi or Aviello or for that matter Rudy Guede on the stand as a last-ditch manoeuvre?

Hard to see what further they have to lose.


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