Friday, November 27, 2009

The Summations: The Defendants And Their Families In The Courtroom Today

Posted by Peter Quennell

[click for larger image]

The Summations: Patrick Lumumba’s Lawyer Describes Defamation By Knox As Ruthless

Posted by Peter Quennell

Click here for Nick Pisa’s noon report from the courtroom. Some excerpts:

Today the lawyer acting for bar owner Patrick Lumumba, who Knox blamed for the murder, was harsh in his judgement of the American student.

Lawyer Carlo Pacelli described Knox as a ‘talented and calculated liar, who had deliberately gone out of her way to frame Patrick.’

Mr Pacelli recalled how Knox had told police she ‘covered her ears as Patrick murdered Meredith. This was all a lie, his destiny at that moment was marked.

‘It was a ruthless defamation that destroyed Patrick as a man, husband and father. By naming him she hoodwinked the officer in charge of the murder investigation.’

Mr Lumumba was held for two weeks in custody before being released without charge after witnesses came forward to say he was at his Le Chic bar the night Meredith was murdered.

Mr Pacelli added: ‘Who is the real Amanda Knox ? Is it the one we see before us her, simple water and soap, the angelic St Maria Goretti (a teenager made a saint by the Catholic Church after she was murdered by an attempted rapist)?

‘Or is she really a she devil, a diabolical person focused on sex, drugs and alcohol, living life to the extreme and borderline -is this the Amanda Knox of November 1st 2007 (night Meredith was murdered).’

As he spoke, Knox could be seen writing notes to herself on the pad before her.

‘Conclusions drawn before knowing anything,’ she wrote, before adding: ‘In prison you don’t become a better person you become worse unless you have a inner light that guides you.’

 

The Summations: The Court Agenda For Friday

Posted by Jools

This is translated from Corriere dell Umbria.

.‘Raffaele’s DNA and the PM’s Spaghetti.’

Resumes tomorrow (hearing number 46) the trial for the murder of Meredith Kercher. It is predicted that tomorrow’s speech, in this order, will be:

Letizia Magnini (representing Aldalia Tattanelli, who owns the cottage where the murder was committed).

Carlo Pacelli (who represents Patrick Lumumba in the slander case against Amanda Knox).

Francesco Maresca and Serena Perna (who represent the Kercher’s family).

Saturday it will be the turn for Raffaele Sollecito’s defense. Luca Maori will give the summation; Monday, however, it should be Giulia Bongiorno’s time.

Defenses will very much attack the DNA. On which, previously the pm Manuela Comodi summation on the last hearing gave a much locked indictment.

However it is looking as if Ms Bongiorno may not be well enough by Monday to conduct her portion of the summation for Sollecito.

Tuesday, November 24, 2009

Italians Have For A Long Time Known How Depraved And Cruel The Final Struggle Was

Posted by Our Main Posters

An Exceptionally Vicious Attack

As you can see in the prosecutors’ scenario posted below, we did not translate and post quite everything.

Meredith’s final 15-minute death-struggle is not there.

Back in January of this year the Micheli Report described in great detail Meredith’s autopsy, the wounds on her body, and the horrific state of her room.

Please click here for more

Possible Trial Delay While Giulia Bongiorno Gets Well

Posted by Peter Quennell

[This new image was just emailed to us - it seems that we are read in Rome]

Italian media are now reporting that Sollecito’s lead lawyer has appendicitis.

A decision as to what to do will be made by the court today. Under the agreed schedule for the next two weeks, Ms Bongiorno and Mr Maori were due to argue Solllecito’s side of things this Saturday and next Monday.

This is the second time the trial schedule has been affected by ill health. The previous time it was Judge Massei. He contracted a touch of pneumonia.

Monday, November 23, 2009

The Prosecutions’ Closed-Court Reconstruction Of A Brutal And Prolonged Torture Attack

Posted by Our Main Posters

Prosecution video not entered in evidence; this is from the fairly accurate Lifetime Movie

1. The Presentation In Closed Court

The time-line and reconstruction of the attack below were presented in court on Friday 21 November 2009 by the national crime-scene team.

From interviews Italian media reported an account of a premeditated and prolonged attack on Meredith. It included a very graphic computer simulation which upset many in the closed court.

This post relies on those media reports and documents later filed with the court. The simulation was deliberately not placed in evidence as there were fears that if uploaded to YouTube the expected highly negative public reaction could be too prejudicial to the accused.

2. Timeline For Night Of 1-2 Nov

The timing of all the events depicted were multiple-sourced except for the arrival of Rudy Guede, the timing of which is unknown but seems to have been late - maybe around 11:30 pm. Prior to that Knox and Sollecito are depicted as being on watch from the park above while a disabled car is removed. Meredith is inside from around 9:00 PM.

15:48: Meredith texts to her English friends that she will be slightly late for her dinner meeting with them.

16:00 - Meredith leaves the house in Via della Pergola to go to the home of her friends. A few minutes later Raffaele and Amanda leave the cottage in Via della Pergola to go Sollecito’s place.

18:00 - Amanda Knox leaves Raffaele Sollecito’s house. This is indicated by cell phone records.

18:27 - Raffaele Sollecito interacts with his laptop to watch the film “Amelie” alone at home.

20:18 - Amanda Knox in Via Ulisse Rocchi receives a text message (sms) from Patrick Lumumba telling her not to come to work that night.

20.30 - Amanda Knox goes back to Via Garibaldi to the apartment of Raffaele Sollecito.

20:38 - Amanda sends a text message (sms) in reply to Patrick Lumumba.

20:46 - Sollecito turns off his mobile phone. He is still at home in Via Garibaldi.

20:45 ““ Meredith’s meal of pizza with her English friends ends. She starts off in the direction of Via della Pergola with a girlfriend who will leave her halfway to go to her own home.

21:00 - Meredith is at home, she eats a mushroom, she lies down on her bed, and she reads some university lecture notes.

21:10 - From this point on there is no more human interaction with Raffaele Sollecito’s computer.

21:45 - Amanda and Raffaele leave his apartment and go to the Piazza Grimana. Less than 100 meters away from the house in Via della Pergola, the two talk and watch the house and decide what to do. They show a suspicious attitude which is reported in court by the witness Curatolo

23:20 - Amanda opens the door of Via della Pergola.

23.20 - Amanda, Raffaele and Rudy enter the house in Via della Pergola, where Meredith is already present in her room [On the court video there is no simulation of the meeting between Amanda and Rudy, because the reconstruction is based on testimony, the autopsy evidence and medical findings.]

23:21 - Amanda and Raffaele go into Meredith’s bedroom, while Rudy goes into the bathroom.

23:25 - A scuffle begins between Amanda, helped by Raffaele, and Meredith. The English girl is taken by the neck, then banged against a cupboard. Rudy Guede enters and joins in.

23:30 - 23:45 [see Part 3 below] Depiction in the timeline and computer simulation of a prolonged struggle with Meredith at knifepoint, largely undressed, with her several times trying to regain her feet. She was not raped, though sexual humiliation occurred.

23:50 - Amanda and Raffaele take Meredith’s mobile phones and they leave the apartment. Guede goes into the bathroom to get several towels to staunch the blood, then puts a cushion under Meredith’s head.

00.10 - Meredith’s mobile phones are thrown into a garden in Via Sperandio.

00.15 - From this moment, there are no certainties on the times for the rearrangement of the crime scene carried out by Amanda and Raffaele Sollecito. However according to the prosecution in the wee hours of the night Knox and Sollecito returned to the scene of their crime to try and clean up some footprints and to break the window glass of Filomena’s room. The aim was to simulate a robbery that ended in murder and they are charged with this too.

3. Reconstruction Of Attack

It must be emphasized that these EXCERPTS of SUMMARY notes by the crime scene team are only intended to accompany (1) extensive narrative descriptions by various members of the team,  (2) references to numerous items in evidence, (3) the simulation video, and (4) questions from the court.

It was made clear that the analysis indicates that Meredith put up a tremendous fight, over a period of approximately 15 minutes, with three strong attackers, before she finally succumbed holding one side of her neck to try to stop her lifeblood running out. She may not have died for as long as one hour.

Italian media reported that those in the closed court told them the Knox and Sollecito defenses raised no disputes or objections of any length except over having the video placed in evidence. Rudy Guede and his legal team had no standing in this court.   

RECONSTRUCTION OF ATTACK - FRIDAY 21 NOVEMBER 2009

Excerpts from pages 4 to 14 of the technical report on file with the court.

On the left door of the white wardrobe with sliding doors is found, at a height of approximately 50cm, a high concentration of blood traces.

It is reasonable to suppose that, at the moment of the assault, the victim was kneeling down, or in a similar position, in front of the same wardrobe.

The woman then dragged herself (or was dragged by the attacker or attackers) along the floor to the inside left shoulder of the same piece of furniture, and was later found dead in this same spot (this consideration is drawn from the presence of clear blood streaks).

This reconstruction is further confirmed from a technical scientific point of view, by the results of the technical report on B.P.A. (Blood Pattern Analysis) performed by the Principal Technical Director [D.T.P.] Physics, Dr. Francesco Camana, as a result of the site inspection on 18 December 2007”¦

On the left hand of the victim it is possible to observe numerous blood spots and, in particular, a larger patch on the tip of the index finger of the same hand.

The circumstances lead us to believe that the victim’s hand was near the wound when the blow was inflicted or was brought to that point a few moments later.

This consideration can lead us to think that the individual who was holding the victim still, immediately after this blow, struck in all likelihood by another person, relaxed his or her grip and the woman was able, at the same time, to put her left hand on the wound.

It is interesting to observe that there were no stains of a similar nature on the woman’s right hand.

It cannot be excluded, therefore, that the victim’s right arm remained in the grip of the attacker who, in so doing, probably held the body of the victim until the moment she fell onto the floor.

“¦ The observation, in sequence, of the light blue sweatshirt, of the white T-shirt worn by the victim, of the type of stain in the breast area of the victim and of the bra, allow us to develop other important evaluations.

Firstly we must focus our attention on the characteristics of the stain on the aforementioned sweatshirt.

In fact, this appears to be soaked with blood on the right hand side, i.e., in correspondence of one of the lesions produced in the victim of the attack.

This aspect is a confirmation of the possibility that the garment was worn [by the victim] at the moment of the crime.

Further observations lead us to believe the garment was rolled towards the neck and that the zipper was open.

Further, it must be held that the aforementioned sweatshirt was removed in a second moment from the body of the victim who still wore it. “¦

The clear splashes of blood found on the central part of the breasts allow us to argue as follows.

At the moment the blow was struck the breasts were covered only by the bra and as the sweatshirt and the white T-shirt were rolled up towards the shoulders….

The victim’s bra was found near the feet of the dead body, both straps and the closing band appear to be neatly cut.

On the bra cups and on the breasts of the victim there are numerous traces of blood.

Therefore, the bra was certainly worn by the victim before the violent action by the attacker [started and] caused its removal, allowing blood spray to cover that part of the body. “¦

An analysis of the autopsy photographs shows the presence of bruises on both elbows and on the right forearm of the body, caused by the tight grip of one of more persons who in one or more stages of the event interacted violently with the arms of the victim.

Such lesions are, in fact, due to the rupture of subcutaneous capillaries following strong pressure on the point “¦.

Seems Sollecito Is Feeling Really Sorry - For Himself (So What’s New?)

Posted by Peter Quennell

Seems his main problem is the framing of Rudy Guede as lone-wolf perpetrator went south. Just at the very worst time, the pesky fellow had to get caught.

And Raffaele doesn’t like prison. Just a lower class of persons in there. And as for those nasty media - well, for their coverage of this case, they just never seem to catch a break.

A hint here, to Raffaele: try telling one single story that actually explains all. Dozens of things now catch you out. And if you did commit Meredith’s murder, please look Meredith’s family in the eyes and show how desperately sad and sorry you are.

Our poster Tiziano remarked when sending along this translation from Umbria Journal: “He’s talking… wait for it… what a little wimp”.

SOLLECITO TO MAGAZINE GENTE: WITHOUT MY FAMILY I WOULD BE BENEATH THE EARTH

“If it had not been for my family, I would have ended up buried.” This is what Raffaele Sollecito said to Gente, on the newsstands on November 23rd.

“The meaning of this story” the young man said to the weekly, which has provided a preview of the article “is in the fact that the investigators have formed a mistaken idea right from the start. If Rudy Guede had been arrested before I was, before Amanda and before Patrick Lumumba, they would never have known either me or Amanda or Patrick Lumumba.”

From prison, Sollecito says: “I am psychologically destroyed, demoralised, tired. If I did not have my family behind me you would have found me under the ground at this time.”

He added: “The media have described Amanda as a Venus, a woman capable of immediate, perverted conquests. It’s nothing like this. It’s a matter of naivety. She is a simple girl, attractive but absolutely normal. At times she is guilty of ingenuousness. But the thing which has upset me most is when they attacked my family. It’s not fair, they are doing nothing wrong or incorrect if they defend me.”

Gente then reveals that Sollecito goes into specifics about the trial. “I never met Guede” he adds “I saw him once at the court. And nothing of the footprints or shoe prints found, imprints of alleged genetic material, belongs to me; simply because on the morning of November 2nd I had shoes which are not Nike brand and I don’t walk around the house barefoot.”

Saturday, November 21, 2009

The Summations: Barbie Nadeau On Mr Mignini Setting Out The Attack Scenario

Posted by Peter Quennell

Click above for Rome-based Barbie Nadeau’s report from the courtroom. Her excellent description includes this sad passage on Meredith.

Then he described Kercher as a woman full of life and potential, “the young woman we too often forget.” Mignini quoted Kercher’s father John on a number of occasions, especially when explaining that she was a strong woman who practiced karate and who would have fought back against an attack.

The courtroom was silent as he recalled the words of Kercher’s father: “Meredith would have fought with all her life.”

The report also includes this on possible hard drugs.

He also hinted that Knox and Sollecito might have been in a drug-fueled frenzy when they allegedly killed Kercher. He outlined the effects of cocaine and acid, and told the judges and jury how Knox and Sollecito ran with a crowd that often used these “stupificante,” or stupefying drugs.

Drugs were not proven other than that both Knox and Sollecito claimed to have smoked marijuana on the day. The two drugs mainly hypothesized up to now if there was a drug other than unmodified marijuana (cannabis) seem to have been crystal meth and skunk cannabis.

Both of them are now proving a cause of psychotic episodes which can result in fatal attacks. Genetically-engineered skunk cannabis seems to increasingly be most of the cannabis on the market.

The Summations: The Italian Press Is Now Reporting Life Sentences Are Requested

Posted by Peter Quennell

Click above for Romana Oggi’s report in Italian. A translation:

Prosecutors Manuela Comodi and Giuliano Mignini at the end of their indictment before the Court of Assizes of Perugia requested a life sentence for Amanda Knox and Raffaele Sollecito, the two former lovers accused of the murder of British student Meredith Kercher.

The prosecution also asked for a period in isolation for Amanda Knox during the day for 9 months, and a period in isolation for Raffaele Sollecito during the day for 2 months.

The two defendants remained impassive to the request.

“This was a murder accompanied by sexual violence which was done for petty reasons against a girl 22 years old who was soon due to return to London for the birthday of her mother’’ Prosecutor Mignini said at the end of the indictment.

After he concluded, Amanda Knox stood up to make a brief statement spontaneously. “Meredith was my friend, and I did not hate her. The idea that I wanted revenge on a person who was always kind to me is absurd.”

“I never had any acquaintance or relationship with Rudy Guede. The things that were said in the past two days are pure fantasy. It is not the truth and not the reality of the situation.”

Meredith’s mother was far from well at the time, which was why Meredith was carrying two mobile phones (the two removed while she lay dying, presumably so she could not call for help) to be quite sure they could reach one another.

Meredith had been planning the trip home to London for weeks and was excited about it. It would have been her first trip home to see her family since she arrived in Perugia.

In June Meredith’s father John Kercher described how he found out Meredith would never come home. 

 

The Summations: Manuela Comodi Continues The Prosecution’s Very Hard Line

Posted by Tiziano

Wow! This summation is quite remorseless.

Both prosecutors seem to have very deep feelings for Meredith, and much contempt for those who have tried so hard to deny her justice.

And they both seem very, very sure of their case - always remember that the judges and jury have seen a LOT of evidence in those 10,000-plus sealed pages and those many closed court sessions that we the public were not party to.

La Nazione reports now some more of Ms Comodi’s summing-up this morning. She was neatly tying the many elements together, and denying that anything at all is weak. . 

PM Comodi: “The DNA was not contaminated”

The Magistrate opened her summing-up declaring that the proof which has emerged from the investigations is “irrefutable and overwhelming”. Speaking this morning was PM Manuela Comodi who began her summing-up by declaring that the proof emerging from the investigations was “irrefutable and overwhelming”. 

The magistrate underlined that no right of the defence had been harmed,  “The only right offended ““ Comodi said - was that of the scientific police and the postal police to see their work recognised.”

The PM defined the possibility of contamination of the DNA removed from the scene of the murder as “nil. 

“In every biological analysis ““ she added ““ the risk of deterioration and contamination is inherent.  Patrizia Stefanoni, the biologist of the scientific police has however put in action all the due procedures to avoid these phenomena and nobody can affirm the contrary.  The consultants for the parties then took part in all the inspections and analyses.”

The Summations: First Report On Technical Summing-Up By Prosecutor Comodi

Posted by Tiziano

[Prosecutor Comodi this morning at left with defense lawyers Della Vedova and Maori]

Corriere is reporting the start of the summation by Manuela Commodi of the technical aspects of the case. A translation:

Meredith Trial, the PM speaks: “Irrefutable proof from the investigations”

It was Assistant Prosecutor Manuela Comodi to take the floor and she dealt with the scientific aspects of the investigation.

Manuela Comodi started her summing-up this morning by underlining that the rights of the defence had not been damaged….

“Irrefutable and overwhelming scientific proof” is what has emerged from the investigations. PM Manuela Comodi started her address in this way, stressing that no rights of the defence had been injured. 

“The only right which has been offended” Comodi said “was that of the scientific police and the postal police to see their work recognised.” 

Then the PM began to speak about the data relative to the telephone cells examined during the investigation. 

[Next] it will be the turn of PM Mignini to speak again to make the request for the sentencing.

The Summations: AP’s Marta Falconi Is Reporting Life-In-Prison Request Is Expected

Posted by Peter Quennell

Click above for Marta’s report as carried in today’s Guardian. Some excerpts:

Prosecutors on Saturday were expected to request life in prison for an American student and her former boyfriend accused of killing a young British woman in Italy….

In her closing remarks Saturday, prosecutor Manuela Comodi said evidence presented during the trial had shown that the defendants’ cell phones were switched off the night of the crime, making their whereabouts impossible to trace.

Comodi also recalled testimony by expert witnesses who said Sollecito’s computer had not been used during the hours Kercher was stabbed to death.

Prosecutors were expected to make the sentencing requests later Saturday. A verdict is expected in early December.

 

The Summations: Additional Detail In Today’s Wrap-Up Report By Andrea Vogt

Posted by Peter Quennell

Click above for the full report by Italy-based Andrea Vogt.

Meredith Kercher’s homicide carries the distinct signature of a woman, Italian prosecutor Giuliano Mignini argued in fiery closing arguments here Friday, and that woman is Seattle native Amanda Knox.

“It is Amanda who started the fight , which triggered an unstoppable crescendo of violence, and it is Amanda who plunged the knife into Meredith’s neck,” Mignini said. “It is Amanda who later covers the body with a blanket””a form of pietas, of respect for the victim. An unknown male would not have any need to cover the body. As a woman, and friend, she couldn’t stand to see that nude, battered body that she was responsible for.”

On Friday, Mignini argued that Knox initiated a scuffle that degenerated into a beating, sexual assault and eventual stabbing, went on to alter the crime scene to create a clumsily staged burglary and rape, then fell into a self-made trap of inconsistencies and fibs.

“The first accusers of Amanda and Raffaele were they themselves,” he said.

But despite frequent references to all three suspects, Mignini clearly painted Knox as the mastermind of the crime, an aggressive young woman who harbored hate for her goody-two shoes English roommate, and exerted powerful influence over the other two male suspects, who were infatuated with her…

The Summations: Perenially Fact-Challenged CNN Reports On Today Correctly

Posted by Peter Quennell

Click above for CNN’s report by Hada Messia.

CNN of course broadcast the notorious Larry King interview with lawyer John Q Kelly and the equally notorious legal screaming-match chaired by Jane Velez Mitchell. The YouTubes of both have been quietly disappeared. And all of its online reports on the case seem to contain bias and errors.

CNN gas been periodically updating this report of Hada Messia for some days, though it still contains wrong statements. The brief new component on today’s proceedings is in fact relatively accurate.

Accompanied by two smitten young men vying to impress her, a resentful Amanda Knox toyed with a knife and then plunged it into her roommate’s neck, killing her, an Italian prosecutor charged in closing arguments Friday.

The November 2, 2007, death of British student Meredith Kercher occurred during a twisted sex game in which Knox taunted Kercher, and the two men—boyfriend Rafael Sollecito and acquaintance Rudy Guede—sexually assaulted her, prosecutor Guilano Mignini said during his seven-hour closing.

The prosecutor said Knox hated and resented Kercher and had decided the time had come to exact revenge….  Mignini said Kercher died about 11:30 p.m. after she and Knox had quarreled—either over money or Guede’s presence at the house.

The prosecutor said the men pinned Kercher down by her arms while Knox played with the knife, prodding at her throat and saying, “Ah, you were pretending to be such a little saint. ... Now we are going to show you.”

Francesco Maresca, a lawyer for the Kercher family, said he was “very satisfied” with the prosecutor’s argument, adding that the crimes should bring a life sentence.

The Summations: Late Edition La Stampa Reported More On Prosecutor Mignini

Posted by Tiziano

Please click above for the report in Italian. A partial translation:

The PM: “Amanda nursed her hatred of Meredith for a long time”

On the evening of November 1st, 2007 the moment had arrived for Knox “to avenge herself on that simpering girl” of a Meredith Kercher with whom she had been living for a few months but whom she considered “too serious and restrained”. So the young woman from Seattle killed her, together with her ex-boyfriend Raffaele Sollecito and Rudy Guede “in an uncontrolled crescendo of violence”, which was also sexual.

This is the picture outlined by PM Giuliano Mignini in his summing-up in the trial of the student from Seattle and the young man from Puglia before the court of the Assizes of Perugia. The magistrate who has coordinated the police investigations from the outset spoke for more than seven hours.

He reconstructed in detail the the investigation conducted by the Perugia flying squad, the SCO and the scientific branch. He listed the names of the witnesses and the circumstances to which they referred. He spoke of a “media trial in which the central nodes vanished” (of the case actually conducted in court), and how the investigation received “voluminous and constant confirmation” of the indications of guilt, from the GIP up to the Court of Cassation….

According to the reconstruction of the PM, on the evening of November 1st Knox had an appointment with Guede, whom she knew and who had fallen for her, about matters linked to marijuana which both of them used. With him - the PM explained - she was to go to the house in Via della Pergola but then Sollecito joined them. Kercher was in the house.

“We do not know for certain - Mignini said - what they were intending to do at the residence, but it is possible that there was an argument, which then degenerated, between Mez and Amanda about the missing money, or perhaps the English student was annoyed by the presence of Guede. Knox, Sollecito and Guede, under the influence of drugs and perhaps alcohol, decide however to put in motion the plan to involve Mez in a heavy sexual game.

Amanda had nursed a hatred for Meredith and the moment has come to avenge herself on that “prissy girl”.” Too “serious and restrained for her tastes” - this is the reconstruction of the prosecution - and who accused her of “lack of neatness and cleanliness”.

This attack happens in the victim’s bedroom and was started by Knox and Sollecito while Guede is in the bathroom.

According to the PM the Ivorian arrived a little later and took part in “an uncontrollable and unstoppable crescendo of violence and sexual play”, in which the English girl did not want to participate, while he (Guede) was “convinced that in this way he would please Amanda because now the two fellows were in competition for the favours of the girl from Seattle”.

In the PM’s reconstruction it was Knox who pushed Meredith towards the wall of the room and who struck her in the kneck with a knife (while Sollecito was holding another one). The young man from Puglia is accused however of having held the victim still, but also of tearing off the fastening of her bra, and Guede is accused of sexually abusing the victim. The magistrate decribed them as “three unrestrained furies”.

 

Friday, November 20, 2009

The Summations: Defendant Leaves Court As Prosecutor Proposes What Meredith Was Subjected To

Posted by Peter Quennell

Click above for the full report in the Sun, once again by Nick Pisa.

Please be warned that this below is very difficult and intensely sad reading. It seems to build upon some expert testimony that was only presented behind closed doors

Murder suspect Amanda Knox broke down in tears as the case against her was summed up today.

The American student was led from the courtroom after prosecutors outlined the horrific violence British student Meredith Kercher suffered before her death.

They claimed blonde Knox, 22, known as Foxy Knoxy, “harboured hatred” for housemate Meredith - and “killed her to take revenge”.

Meredith, 21, was “too serious” for Knox, it was claimed.

When Knox returned to the courtroom in Perugia, Italy, today, she appeared shaken and her eyes puffy…

Summing up the prosecution case, Giuliano Mignini said: “Knox and Sollecito arrived at the house with Guede. Meredith was already there and the evening began to degenerate.

“Meredith and Amanda began to argue over money. Meredith was also upset that Amanda had brought another man (Guede) back to the house they shared.

“They argued about this ugly habit of hers, and the three who had arrived were also under the influence of drugs and alcohol.”

Mr Mignini added: “Meredith was far too serious a girl for Amanda, she didn’t like her or her friends because they were critical of her hygiene and habits.

“Amanda harboured hatred for Meredith and that night the time had come for her to take revenge - and that’s when Meredith’s ordeal began.”....

Mr Mignini outlined the horrific violence Meredith suffered before she died.

He said: “Amanda grabbed her by the hair and hit her head on the floor. Rudy finished what he did (sex) and Sollecito was threatening her with his knife.

“Amanda also had a knife and held it to the left side of Meredith’s throat and as the crescendo of violence grew inflicted the deepest cut.

“Meredith did not want to submit herself to the sexual violence.”

As he spoke Knox appeared to be in discomfort and took several deep breaths.

Her lawyer Luciano Ghirga held her hand reassuringly and squeezed it several times, while a female prison guard behind her stooped down and asked twice if she was ok.

Minutes later Mr Mignini’s closing speech was interrupted as Knox had to be led out to compose herself.

The court heard how Knox “dominated” her relationship with Sollecito, who in turn was “dependent on her”.

Mr Mignini claimed video footage of the couple showed computer studies graduate Sollecito “following on behind her, often kissing and cuddling her”.

The Summations: More On How The Prosecution Launched Forth - And On Possible Motive

Posted by Tiziano

[Above: The two prosecutors today - click for larger image]

The TGCOM news service quoted this statement on the theory of the motive.

“Amanda Knox harbored hatred for Meredith… and so it was time for revenge rather than flirting….” According to the prosecutor Amanda wanted revenge on “that girl who was only with her English friends, and who reproached [Amanda] for her lack of cleanliness.” Thus was set under way “the calvary of Meredith.”

And this report from Umbria Journal adds details to the description posted below from Il Mattino

PM Giuliano Mignini spoke of a “unique event” of a trial which has “involved three continents”, opening his summing-up address in the trial of Raffaele Sollecito and Amanda Knox.

“A media trial in which the elements which emerged in court largely vanished,” the magistrate affirmed. “Detectives in search of notoriety, writers, bloggers, and mystery writers alternated with one another in a sort of parallel trial. But the trial is taking place only in this court room.”

Rudy Guede has been the “convitato di pietra” [literally, silent guest] in the trial of RF and AK according to Mignini. “In a way he has always been present,” the magistrate said referring to the Ivorian, already condemned to 30 years in prison by fast-track trial for complicity in the murder of Meredith Kercher with the two young people.

“Supporters of Sollecito and Knox” Mignini stressed “don’t stop at proclaiming their innocence, but they accuse him [Guede] too. They say that they were not at the crime house, but they also say the assassin is Guede. The accused wanted to create a parallel trial without his being able to defend himself.”

The PM then claimed that the breaking of a window in the bedroom of one of the Italian housemates of Knox and Meredith Kercher carried out according to the prosecution to mislead the investigations “is the special key to the event and the mystery. If it was simulated, as is evident, the authors are Knox, and Sollecito who always followed her. And the objective was to turn away suspicion.” The magistrate defined the break-in as “the nail on which the defences of the accused are hanging.”

“A nail” he averred “which has fallen down noisily and with it the the defences.” For Mignini the theft was simulated “from the inside, by someone who wanted to turn away suspicions and maybe direct them towards Rudy.”

Amanda Knox “knowingly accused an innocent man”... The reference is to Patrick Lumumba who, however, he did not expressly name, involved in the investigations of the murder of Meredith Kercher through the statements to the police of the young American and then absolved of any wrong-doing (he has actually nominated as a civil complainant against the American who is accused of defamation against him).

“Amanda” the [prosecutor] stressed “did not lift a finger while he was languishing in prison. Neither she nor her mother who was in her confidence. And what a coincidence” Mignini continued “it was a matter of a coloured person like Rudy”

 

The Summations: Nick Pisa In Daily Mail Has A Late-Morning Report

Posted by Peter Quennell

Please click above for Nick Pisa’s full story. Two key claims made by the prosecution:

Murder suspect Amanda Knox was described as ‘dominant’ in her relationship with co-accused Raffaele Sollecito today, as prosecutors began summing up in the case against them.

Prosecutor Giuliano Mignini said Knox ‘dominated’ her relationship with Sollecito who in turn was ‘dependent on her’. He said this was evident in TV footage from the time of the murder, where Sollecito was ‘following on behind her, often kissing and cuddling her.’

Prosecutor Mignini added: ‘The key to this mystery is in the room where the supposed break-in took place’. Mignini added: ‘This break-in is the nail of Knox and Sollecito’s defence, but it was all simulated.  ‘It would have been manna from heaven for them if blood or other genetic evidence had been found on the broken glass or window frame but nothing was found.”

“This hypothetical thief then did something quite remarkable - he didn’t take anything of value. No jewellery was missing, computers were left at the scene as well as designer bangs and clothes. A “very strange break-in” was in fact how the first police officer who arrived at the house described it - they could not believe that nothing of value was taken.”

Prosecutor Mignini also pointed out how fragments of glass had been found on top of clothes scattered on the bedroom floor which was also unusual for a break-in, especially if the wardrobe had been ransacked after the window was broken.

He added that it was also virtually impossible to climb to the bedroom window of Filomena Romanelli and that it was also the most exposed as it was visible to the road and passing traffic…

The Summations: The Lead Judge And Two Defendants In The Court This Morning

Posted by Peter Quennell

[click for larger images]

[Image below: Amanda Knox is comforted by her lawyer Maria Del Grosso]

The Summations: The Prosecution Starts To Lay Out The Elements Of Their Case

Posted by Peter Quennell

[Above: Prosecutor Comodi. Below: Prosecutor Mignini.]

The prosecution will take at least two days to complete their summation of their case, drawing all of the threads together.

We have been warned by court watchers to expect at least some surprises. The first seems to be that the prosecution starts off where Amanda Knox seems to be especially vulnerable - her false charge against Patrick Lumumba.

Even if the murder verdict against Amanda Knox early in December becomes “not guilty” she might still face a conviction and sentence just for this.

This first report is from Il Mattino with translation by our poster Tiziano.  .

Amanda Knox “knowingly accused an innocent person”:  Thus said PM Giulian Mignini in his summing- up address under way before the Court of the Assizes of Perugia. 

The reference is to Patrick Lumumba , whom he did not nominate specifically, who was involved in the investigation into the murder of Meredith Kercher through the statements made to the police by the young American accused of defamation against him, and who was absolved of any wrong-doing (and has in fact now nominated as a civil complainant against her).

“Amanda” the magistrate underlines “did not lift a finger while he was languishing in prison. Neither she nor her mother who was in her confidence.  And what a coincidence” Mignini continued “it was a matter of a coloured person like Rudy Guede.” 

“It is time to draw together the threads of this long debate, an event which is unique of its kind in the panorama of Italian and world justice, which has involved three continents.” Thus spoke the PM, Giuliano Mignini, in his address in the trial for the murder of Meredith Kercher, which sees accused Amanda Knox and Raffaele Sollecito.

“A straight and sure route for the trial.  The attacks which have accompanied this trial and the continual attempts to delegitimise the police working on it, who however carried out their duties with professionalism, and also their dealings with the court, cannot be passed over in silence,” Mignini stressed. 

Attacks made by persons in Italy and overseas, lawyers not possessing any mandate, detectives looking for notoriety, writers, mystery writers, bloggers who gave themselves the right to undertake a sort of parallel trial, all bound together by lack of accuracy and superficiality.  But the trial is being held only in this court room.”

The Summations: A Summary Of The Agenda For The Next Few Days

Posted by Tiziano

[Above: A shot of the courtroom taken this morning]

A translation of the trial agenda from Giornale Online Di Perugia

LAST LINES IN THE TRIAL OF AMANDA AND RAFFAELE. ON SATURDAY SENTENCING REQUESTS.

Maurizio Troccoli November 19th, 2009 15.33

Just one day after the request for a confirmation of the penalty of 30 years against Rudy Hermann Guede, drafted by the Prosecutor General, in the Appeal Court of the Assizes, it’s over to the other first-stage trial against Raffaele Sollecito and Amanda Knox, still in the Assizes and for the same murder, accused of being the killers of Meredith.

[Today] is the day of PM Giuliano Mignini and PM Manuela Comodi’s summing-up, which will go back over the whole investigation into the murder of the English student. The hearing on Saturday has also been reserved for the magistrates when they will formulate their requests for the verdict.

The PMs will delineate the framework of the investigations carried out by the flying squad of Perugia, by the SCO [Servizio Centrale Operativo of the State Police], and by the scientific police after the crime which took place on the night between November 1st and 2nd, 2007. The witness statements and the scientific evidence against the the two young people, on trial since January 16th of this year, will be summarised for the college, chaired by Giancarlo Massei, with deputy Beatrice Cristiani, supported by six civil judges.

For the first time they will hear the request for a sentence. The PMs will have to ask the judges for the number of years they believe that the two will have to serve. Then it will be the turn of the defence lawyers to play the last cards to try and dismantle the accusatorial theorem of the PMs.

Sollecito, 25 years old from Giovinazzo, and Knox, a 22 year-old from Seattle, have been put on trial for voluntary murder of Kercher, for sexual assault against her, unjustifiable carrying of a knife, theft (about 300 euros, two credit cards and two mobile phones belonging to the victim) and simulation of a crime (for the breaking-in carried out in one of the bedrooms of the crime house in order to derail the investigations, according to the prosecution).

Only the American must answer as well to defamation against Patrick Lumumba, for having involved him with her declarations during the investigation into the murder of Meredith Kercher, in which it was recognised on the other hand that he had no involvement. Both have however proclaimed themselves completely extraneous to the charges.

Thursday, November 19, 2009

Rudy Guede Appeal: Meredith Family’s Lawyer Very Disappointed At “Lost Last Chance”

Posted by Peter Quennell

Mr Maresca sounds intensely frustrated at what might have been. 

Here was a chance to put this whole thing to rest with a single truth and an act of real contrition and compassion to Meredith’s family - and Rudy really blew it.

“He could have saved her. He could have acted to save her, then he wouldn’t be here asking forgiveness….  Requests for pardon are always welcome, however, in a civilised country. I think that a positive reaction would have at least led to an immediate intervention, if what Rudy said was true.”

Not surprisingly, the lawyers for Knox and Sollecito are critical of Rudy Guede for not letting their clients off the hook - though he really no further implicated the defendants than he did back at his own trial.

His recent mysterious and unprovoked beating-up in his prison may have had an influence on his frame of mind in court today. Amazing though, as the defense teams incessantly paint him as the lone wolf perpetrator (a theory Judge Micheli discounted at great length) which we know burns him up.

Our poster Tiziano kindly translated this final report on the day from Il Messagero. The article is an update of an earlier report.

REOPENING OF DEBATE REJECTED.

The Appeal Court of the Assizes of Perugia has rejected the request of Rudy’s defence lawyers for the partial reopening of the debate.

PG: ACCOUNT NOT CREDIBLE.

According to the Prosecutor General, what Rudy said was a “little tale which was not credible”. According to the PG a “progression of lesions” was found on Kercher’s body, and death came in a much longer time than what Guede indicated.

PG: NO GENERAL REMISSIONS.

Guede was condemned to thirty years imprisonment on October 28th, 2008 by Perugia GUP Paoli Micheli. His defence lawyers, Walter Biscotti and Nicodemo Gentile, have appealed against this sentence. In fact the Ivorian has always maintained that he had nothing to do with the murder.

The Prosecutor has not contested the sentencing report, which actually accepted the reconstruction made by the first stage prosecutors PMs Manuela Comodi and Giuliano Mignini.

Today PG Catalani in his summing-up spoke of “full involvement in all the activities to the damage of Meredith Kercher” on Guede’s part.. Moreover, he underlined that the accused should not be conceded general remissions “because he has made no contribution at all in clarifying what happened in the crime house when Meredith was killed”.

KERCHER LAWYER: HE COULD HAVE SAVED HER

“He could have saved her. He could have acted to save her, then he wouldn’t be here asking forgiveness,” replied Francesco Maresca, the lawyer for the civil claim of the family of Meredith Kercher, to Rudy Guede’s words which he asked him to pass on to the relations of the English student killed in Perugia.

“Requests for pardon are always welcome, however, in a civilised country,” he added. “I think that a positive reaction would have at least led to an immediate intervention, if what Rudy says is true,” Maresca added.

However the lawyer talked about a “lost last chance” on the part of the Ivorian to clarify what happened in Via della Pergola. He continued “His words seemed prepared to me.”

And in court, referring to the fact that Guede claimed to have run away in fear, Maresca affirmed,“We ought to think of the fear suffered by Meredith.” As far as the summing up of the PG, the lawyer defined it as “absolutely exact”.

KNOX DEFENCE: GUEDE’S WORDS IRRELEVANT FOR AMANDA

The spontaneous statement made by Guede is “absolutely irrelevant to the position of Amanda Knox.” Luciano Ghirga, one of the defence lawyers for the American said this. “I’m talking with absolute respect about the position of Rudy Guede and his defence - Ghirga underlined - but when he had the opportunity to respond in cross-examination between the parties, in a hearing in front of the world, he refused. I consider his position to be self-serving.”

Then the Lawyer claimed that in the first stage trial of Knox and Raffaele Sollecito “neither the five interrogations of Guede nor his first stage sentencing report are part of the trial, and much less so can his spontaneous statements of today be considered.”

SOLLECITO’S LAWYER: GUEDE HAS LOST A CHANCE

Rudy Guede “has lost the opportunity to tell the truth”, according to lawyer Luca Maori, one of the defence for Raffaele Sollecito, the young man accused of the crime together with his ex-girlfriend Amanda Knox (the summing-up of the PM in the first stage of their trial is on the agenda for Friday) and the same Ivory Coast man.

“Guede continues the old stereotype - Maori said further - according to which he doesn’t know the male person present in the crime house, even though he saw his face. But it is necessary for everyone, and especially for him, to finally tell the truth and to assume his responsibility before the Kercher family.”

 

Mr Maori’s words at bottom above are very curious - perhaps they are quoted out of context. He’s presumably inferring that Guede should have pointed AWAY from Raffaele Sollecito, his client, and instead toward a mysterious missing Person X.

If so, invoking the best interest of Meredith’s family here seems pretty vile - even for a hard-pressed defense lawyer. He should not be denying their true justice. 

Wednesday, November 18, 2009

Rudy Guede Appeal: Court Adjourned - Defense Closing And Court Decision December 21st

Posted by Peter Quennell

[Above: The lawyer for Meredith’s family, Mr Maresca, in the courtroom today]

This late report is by Paolo Santalucia of the Associated Press

Later Wednesday, prosecutor Pietro Catalani asked the court to confirm the sentence of 30 years in jail for Guede.

“He is not credible,” Catalani said, adding that wounds on Kercher’s body suggest it took far longer for her to die than Guede’s testimony indicated.

Proceedings were adjourned to Dec. 21, when Guede’s defense lawyers will argue their case.

The court had rejected the request of the Guede appeal team to reopen several components of the investigation, to bring in new witnesses, and to hear testimony on stress psychology and on the towel found beside Meredith.

This does not bode well for his appeal prospects.

Judge Micheli summarised a lot of evidence proving that Guede was throughout a part of the vicious assault on Meredith. He handed Guede a rape conviction as well as a murder conviction and Guede is serving his 30 years in the sex offenders’ wing of Viterbo Prison north of Rome.

Probably the best Guede could have done would have been to come clean, relate the full story, and claim that he was unaware from the other assailants of where events were headed.

But that Guede did not call an ambulance seems to have sealed Meredith’s fate forever. The prosecutor today said Guede had PLENTY of time to call an ambulance while Meredith would still have been alive.

Instead, Guede abandoned Meredith to die slowly and painfully, he went home to clean up, and he went out to a disco.  Thirty years seems pretty light for doing that.

Rudy Guede Appeal: Nick Pisa Of Sky News Reports DRAFT

Posted by Peter Quennell

[Microsoft’s Internet Explorer Version 8 is having a widely reported problem showing these online Flash videos; other browsers all seem to work fine]

Rudy Guede Appeal: Lawyer For Meredith’s Family Mr Maresca In Court Today DRAFT

Posted by Peter Quennell

[click for larger image]

Italian reports are still conflicting and there are none out yet in English.

But it appears that the court has rejected the request of the Guede appeal team to reopen several components of the investigation, to bring in new witnesses, and to hear testimony on stress psychology and on the towel found beside Meredith.

This does not bode well for his appeal prospects.

Judge Micheli summarised a lot of evidence proving that Guede was throughout a part of the vicious assault on Meredith. He handed Guede a rape conviction as well as a murder conviction and Guede is serving his 30 years in the sex offenders’ wing of Viterbo Prison north of Rome..

Probably the best Guede could have done would have been to come clean, relate the full story, and claim that he was unaware from the other assailants of where events were headed.

But that he did not call an ambulance may have sealed Meredith’s fate forever.

Added from Paolo Santalucia of the Associated Press

Later Wednesday, prosecutor Pietro Catalani asked the court to confirm the sentence of 30 years in jail for Guede.

“He is not credible,” Catalani said, adding that wounds on Kercher’s body suggest it took far longer for her to die than Guede’s testimony indicated.

Proceedings were adjourned to Dec. 21, when Guede’s defense lawyers will argue their case.

Rudy Guede Appeal: Yes Guede Testimony Does Sound Far From The Full Truth

Posted by Tiziano

[click for larger image]

1) La Stampa runs essentially the same story as Nicki translated and posted jut below, but with this addition.

In court this morning there was also the psychiatrist Alessandro Meluzzi, who together with the criminologist Vincenzo Mastronardi, provided expert testimony for the defence on the behaviour of the accused after the crime.

Guede fled and was arrested in Germany. This was behaviour of “flight and avoidance”, according to Meluzzi, linked to “traumatic stress syndrome” which struck him after the crime.

2) Corriere della Sera also has essentially the same story but with these additions.

The defence of the young man intends to ask for the partial reopening of the trial debate to hear new witnesses and to hear from others already heard by the prosecution, but who - according to the lawyers - could give a different version from the initial one.

The lawyers also are putting their hopes on the possibility of a new expert report on the towels found next to the English student’s lifeless body, which Guede claims to have used in an effort to help Meredith, staunching the wound to her neck.

The aim of the defence is to show that it was not Rudy to kill Meredith that evening, because as the young man has always claimed, he was at the house at Via della Pergola on the night between November 1st and 2nd, 2007, but when the crime happened he was in the bathroom. 

Once he came out, he clashed with Mez’ assassin for a moment.  He tried to help the girl but then, overcome with fear, he took flight. 

To specifically evaluate this thesis, the defence of the Ivorian has had an expert report done by the criminologist Vincenzo Mastronardi and the psychiatrist Alessandro Merluzzi, who were both in court. 

Speaking to journalists before the hearing began, Merluzzi explained how Rudy, after the facts, was overcome by “post traumatic stress syndrome” in which a ” gentle, weak but mild personality like Rudy’s was able to put into action the flight behaviour, which certainly did nothing for his credibility but which we believe is completely understandable and explained from the psychological point of view, clinical psychology and psycho-dynamics.” 

Merluzzi explained, “We believe that our evaluation will give the judges an element of evaluation which is new and different not only in the facts which have emerged from the supporting proceedings, but also on the reasons and motivations which incited Rudy.”

[click for larger image]

Rudy Guede Appeal: His Story In His Own Words - Not Sounding Like The Much-Wanted Full Truth

Posted by Jools

[click for larger image]

Translated from the Italian in Il Messaggero:

The process of second-degree [appeal] for Rudy Guede, already sentenced to 30 years imprisonment for the complicity in the murder of Meredith Kercher, commences.

The Court of Appeal of Perugia has decided to have the hearing in public court, admitting the request by the defendant. Guede has asked that the appeal process be conducted in open court “so that all may know the truth.” In attendance reporters were allowed but not photographers or TV cameras.

“I want to say to the Kercher family that I did not kill nor rape their daughter. I’m not the one who has taken her life” he said, addressing Guede’s lawyer Francesco Maresca, who represents Mez family as a civil party. “The single thing that my conscience must answer and for which no court will absolve me, is that of not having done everything possible to save the English student’s life.”

During the spontaneous statement, Guede reconstructed what happened the night of Meredith’s the murder. He explained that he had met the student on 31 October 2007during a party at a nightclub, and that he had made an appointment with her for the following evening.

“I gave her a little kiss on the cheek and then I said see you,” explained the Ivorian, telling the court that on the evening following that meeting, he entered together with Kercher in the house on Via della Pergola. “While we were at home, Meredith began to charge against Amanda (Knox, her roommate, was charged with the murder along with former boyfriend Raffaele Sollecito,): “My money, my money, gone, I can not stand her any more,” said Meredith. I had an approach with Mez, but not sex.

After about fifteen minutes I went to the bathroom.

Amanda and Meredith fought. I heard the voices of Meredith and Amanda discussing money missing. I only heard “we need to talk.”  I was not worried because I thought it was just an argument between two girls who lived in the same house.

While I was in the bathroom I started to listen to music from an i-pod, but in the middle of the third song I heard a loud scream. I rushed to see what had happened and in Meredith’s room I saw a male figure.

It was a flash and this person tried to hit me. I reversed and fell down in the living room. Then I heard someone running away outside the house and said “let’s get out, there is a black man in the house”. I did not have the courage to pursue them, but looking out the window I saw the silhouette of Amanda.

I went to Meredith’s room and tried to staunch the blood that came out after being mortally wounded with a knife to the throat. Meredith was dying and sought to tell me something, I held her hand.

Then I went into a state of shock. In my head there were so many why’s unanswered. I was afraid.”

[Below: Guede lawyers Mr Gentile, left, Mr Biscotti, center, and an aide, right]

Rudy Guede Appeal: Sky News Italy First Report In Italian

Posted by Peter Quennell

[Micrsoft’s Internet Explorer Version 8 is having a widely reported problem showing these online Flash videos; other browsers all seem to work fine]

Libero Is Reporting, If Guilty Verdict, Life-In-Prison Sentences A Possibility

Posted by Tiziano

Please click above for Libero’s analysis posted tonight on their website. A translation:

MEREDITH, A DECISIVE WEEK, FINAL VERDICTS EXPECTED.

It is a decisive week for the final verdicts for the murder of Meredith.

Indeed the appeal trial of Rudy Guede is listed for Wednesday, while on Friday the summing up by the prosecutors in the first stage trial of Raffaele Sollecito and Amanda Knox, for whom the verdict is expected in the first days of December, will take place. 

The final judgment is very much anticipated, because it will decide whether the three accused are in fact responsible for Meredith’s murder. Their position is very grave no matter what, as the charges underline. 

In the meantime the lawyers for Guede, Biscotti and Gentile, have explained that their client will make a voluntary statement and that they will ask for the reopening of the investigative debate to allow for the carrying out of an expert investigation on the blood-stained towels with which Guede said he padded the fatal wound to the neck suffered by Meredith Kercher.

The two criminal lawyers thus intend to demonstrate that the Ivorian did indeed attempt to help the young woman who was knifed by someone else, while he - according to the accused’s own version - was in the bathroom.

Thus, while the Ivorian claims he is innocent, the GUP condemns him: “He actively participated in the aggression in the context of an extended sexual game, which was furthermore carried out resorting to strong-arm tactics, ending up in sexual violence and murder in the face of the persistent resistance of the victim”. 

This homicide, according to the judges, also saw the involvement of Rafffaele Sollecito and Amanda Knox.

On Friday PM Manuela Comodi and PM Giuliano Mignini will delineate further the prosecution’s position, and it is not to be discounted that the decision will be life in prison.  About the beginning of December the court will resume for final sittings.

Monday, November 16, 2009

The Actual State Of Play: The Status Now And What Is Coming Up

Posted by Michael

[above: Meredith’s family gets briefed on the proceedings and prospects last June]

The excellent pro-Meredith LA7 documentary that Nicky reported on below would have moved many Italians.

But, apart from some of the claims from Seattle, it is unlikely to have given them many surprises.

Those in Italy have often been able to watch the court proceedings directly, Amanda Knox’s seemingly misconceived stint on the stand included, and the Italian newspapers and networks have done a pretty exemplary job of the reporting. Those there who follow the case will have a highly informed and very accurate understanding of what the evidence points to - that it pretty well overwhelmingly points to the notion that the right defendants have been tried and the case against them is strong.

For non-Italians, though, arriving at a good take on the case has been very much tougher. UK and US followers have had to rely on far fewer media sources, and the biased ones have often drowned out the few good. Be it due to inherent prejudice within certain national media, jingoism, financial opportunism, a simple desire to sensationalize or turn what should be hard news into entertainment, language and cultural barriers, or sheer laziness, the reporting on this case has fallen very far short of the “duty” of the media to inform.

To make matters worse, the media have been affected by third-party influences. Most notably, the ostensibly pro-Amanda-Knox campaign has tended to muddy the waters with aggressive anti-Italy, anti-prosecutor and anti-investigator propaganda, and some highly peculiar takes on the real facts. The US media in particular has gone out of its way to provide them with a willing platform, and it has too often relied on the campaign for main information on the case.

It seems a sad day for the media and for truth in general when the public is left to rely largely on the families and representatives of the accused for their information. As Commissario Montalbano points out below, the PR campaign and the slanted reporting will actually have zero influence on the court. And we hear from the inside that it is likely to have zero influence on the US government, and in particular the State Department (the foreign office). But it certainly has left in its wake a pool of angry and confused people who think Italy is up to something nefarious. 

So, what is realistically the state of play for the accused, Amanda Knox and Raffaele Sollecito? How strong is the case against them, what is the verdict in early December likely to be, and what are the prospects for appeal?

Bear in mind first that the elements of the case of the prosecution had jumped a large number of judicial hurdles on the way to trial for which there is no equivalent in the US and UK systems. Judge after judge after judge reviewed the emerging case, and Judge Micheli showed how formidable it was when he committed Knox and Sollecito to trial in October 2008

And the prosecution seems to have presented at trial a very robust case against the accused, within a very compelling overall framework, comprised of behavioral, witness, forensic, and circumstantial testimony, and self-incriminating testimony of the accused. The real strength of the case lies in the whole damning picture when all the elements are drawn together.

A defense explanation can be attempted for any one piece of evidence taken in isolation, and sometimes such pieces do seem weak. But when they are all brought together, the whole seems too much, too large a wall for any defense team to break down. A regular poster on the case summed it up with this metaphor. Imagine the case against the accused being a swimming pool. Now in that pool there are no sharks - but there are many dozens of piranha fish. They will strip you to the bone far faster and more effectively then any shark. This seems in essence what the response of the defenses now faces.

Convictions and sentences for both defendants early in December do seem to be more or less assured. 

So what does a well-informed and fair-minded native Italian who really understands the Italian legal system think of the chances of acquittal for the accused? Our frequent commenter Yummi, who writes from Italy, was asked about the prospects for a guilty verdict, and the likelihood of a prosecution appeal in the case of an acquittal. Yummi had this to say:

A trial in the Italian justice is an event in which the most important part is played by the written sentence (so called “sentence report”). The prosecution would give up the appeal only if the written motivations appear to them obviously unassailable, so to make it easy to predict a second failure. But in all other cases appeals by the prosecution are frequent, sometimes even on guilty verdicts. In this case an appeal by the prosecution would be real and almost certain in case of acquittal.

But it is extremely unlikely that AK and RS are found innocent in the first instance. Not because there is any proof 100% good, any single piece of evidence alone won’t be able to produce a guilty verdict, but even if the pieces of circumstantial evidence are not a decisive proof taken one by one, they are too many, and too systematic. There is practically no way to come out from such a web of physical indicators, the defendants are implicated.

Yummi is not alone in this view. Most tellingly, Amanda Knox and her family are said to have been warned by her Italian lawyers, Luciano Ghirga and Carlo Della Vedova,  to expect a guilty verdict. And Knox’s family are now more than ever talking about an eventual appeal in the US media. These are remarks by the mother of Amanda Knox. 

There’s been many people that have told us that’s not how it works. Just because you’re innocent, you’re not found innocent, at least…  at this first level, and that normally true justice doesn’t happen until the appeals process.

By ‘“first level” Edda Mellas means the current trial. In effect, she seems to believe that, in the Italian process, almost everyone is found guilty in the main trial, and the real business and the acquitting is done in the appeal. This happy talk about the appeal has been quite common from the Knox camp of late. This suggests that the supporters of Knox and Sollecito are expecting a guilty verdict and are now hanging all their hopes on that appeal.

Is it in fact correct that the appeals court is where the real business is done? In effect that it is almost automatic that Knox and Sollecito would be found guilty in the trial, and that then it’s almost a done deal that they will be freed on appeal?

First, it must be noted that we’ve heard similar happy talk before. Leading up to and during the early stages of the trial, the line was that Amanda will prove her innocence in the trial itself, most especially by getting up on the stand. That clearly hasn’t worked out that way, and as the trial is almost at an end, the supporters are turning their attention instead to characterizing the appeal process.

What is the reality of the appeal process? This is how our Italian watcher Yummi describes it:

Appeals are usually very similar to first degree trials in their overall figure. Basically it depends on what are the aims and strategies of parties in the appeal. If the outcome in the first degree is obvious, most likely it will be obvious in the appeal. Many appeals in Italy don’t take place just to overturn the first degree - i.e. the fact that a defendant is guilty often is not questioned - often they are made just to introduce minor corrections to the first sentence.

So what do the actual appeals statistics say? The statics on the success rates of appeals in Italy are in fact not good news for those convicted. 

• 70% of appeal cases end with the confirmation of the original verdict: 25% of these with a confirmation of the sentence at the original trial, and 45% with a reduction in the penalty.
• The other 30% of appeals cases end with 10% of them lapsing due to expiration, 8% for NDP procedural reasons and only 12% overturning the verdict.

So the reality is that only a mere 12% of all appeals result in the overturning of a guilty verdict. This seems very out of step with what Edda Mellas has been claiming. The facts of the matter in this case seem to be that (1) the returning of a guilty verdict at the end of the trial is very high, and that (2) there is a negligible chance of that guilty verdict being overturned on appeal.

The reality therefore is that things are not looking at all good for the defendants, Amanda Knox and Raffaele Sollecito.

And even worse, because there are three appeals, one each, they may really tear apart from one another now and on appeal go their different ways - as, seemingly, will Rudy Guede.

We are now coming to the end of what has been a very long sad tough process indeed, most of all for the family and friends of Meredith Kercher. I can only hope, that whatever the outcome, they are given the truth and repentance they seek. And that they finally are able to find some closure and truly lay their daughter to rest in peace.

The Kercher family on the second sad anniversary of Meredith’s death a few days ago expressed their heartfelt desire that eventually, finally, soon, they and the world can stop remembering Meredith as a victim and news item, and instead as a whole person - the truly wonderful person that she was.

It is my reading here that we will reach that point early in December of this year, in that Perugia courtroom.