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

Saturday, March 14, 2009

Trial: More Testimony On Knox Acting Weird After Meredith Was Murdered

Posted by Peter Quennell

Overview

Click above for the full ABC website report.

Perhaps ABC News is attempting to turn over a new leaf here. Long conspicuous for banging the PR-inspired drum about a frame-up of Knox by those meanie Italians, ABC now seems the one American network attempting its own reporting.

This story was written by Ann Wise, apparently in Rome on 13 and 14 March,  with Zach Nowak, an American resident of Perugia, in the courtroom.

Witnesses on these two days included investigators D’Astolto and Volturno and interpreters Colantone and Donnino.

1) Testimony about Knox hitting herself on the head

Fabio D’Astolto, an English-speaking police officer in Perugia, told the court today that he was asked to come to the police station on Nov. 2, 2007, the day Kercher’s body was found, to help question Knox.

“She seemed calm, as if nothing had happened, while everyone else was crying,” said D’Astolto. However, when D’Astolto accompanied Knox to have her fingerprints taken, he said Knox “paced up and down the hallway pretty nervously, and brought her hands to her head, hitting herself on the temples.”

D’Astolto said her behavior worried him, and he offered to get her something to drink, but Knox said she was fine.

At bottom here is a full translation of this testimony by Catnip.

2) Testimony about Knox shaking uncontrollably back at the house

Another interpreter, Ada Colantone, described Knox’s behavior two days later when she and the two Italian women who also shared the Perugia apartment were taken back to confirm that the knives found in the kitchen belonged there. Knox “started shaking,” recounted Colantone.

“She was shaking so hard that the coroner went over to her. She was visibly upset, and made to lie down on the couch.” She said Knox also began crying.

3) Testimony about Knox’s “emotional shock” at seeing Patrick’s text message

Anna Donnino, an interpreter for the Perugia police, said she was summoned to the police station to translate just after midnight. Knox was calm as police talked to her again about what she had been doing the evening of Nov. 1, the night Kercher was slain, Donnino said.

But Knox had an “emotional shock” when she was shown a text message she had sent to Patrick Lumumba, her boss at the pub where she worked occasionally. “She brought her hands to her head, and shook it,” Donnino told the court. And also: “It’s him, he did it, I can feel it,” referring to Lumumba.

The questioning stopped, and when Knox was asked if she wanted a lawyer, she said no, according to Donnino. Donnino repeatedly confirmed that Knox was never mistreated, and made her statements voluntarily.

Included in this post is a transcript of Anna Donnino translated by Catnip.

4) Testimony about Chief Inspector Oreste Volturno’s investigations

He testified that he took part in the search of Raffaele’s place; and investigated when and where the bleach found there was purchased, and investigated the 20 euro withdrawal from Meredith’s account, and tried to track down Raffaele’s school and police records; and also participated in the seizure of material from the Telenorba TV station after their broadcast had gone to air.

On the next post here is a full translation of this testimony by Catnip.

5) Finally, Knox rose in the court today to attempt some damage control:

In Italian courtrooms, defendants are allowed to make statements during their trial, and Knox stood today to refute the police depiction that they treated her well and that her statements were made voluntarily.

In a respectful but insistent tone, Knox said in clear Italian, “The witnesses are denying things about the interrogation. There were hours and hours that they don’t talk about, during which I confirmed my story and there was an aggressive insistence on the text message to Patrick,” she said.

6) Translation Of Testimony Of Assistant Fabio D’Astolto

Fabio Astolfo helped translate during interviews, helped with food and drink from the vending machines, and observed Amanda hitting herself while on the way to get her fingerprints taken.

Transcript translated is of testimony given in the hearing of 13 March 2009, pp 68-84

[68]
Depositions of the witness Fabio D’Astolto

The witness, admonished pursuant to Article 497 of the Criminal Procedure Code, reads the oath.

Particulars: Assistant Fabio D’Astolto, with the Perugia Police ““ Flying Section; born 22 July 1972 in Sydney (Australia).

President: Mr Public Prosecutor.

Public Prosecutor, Dr Mignini
QUESTION: You on the date of 2 November 2007 were in service at the Perugia Police Station, in which office in particular?
ANSWER: I was at the Flying Section of the Station.

Q: You were born in Australia?
A: Yes.

Q: Your mother tongue is English?
A: Yes, yes, I lived in Australia until 14 years of age, I studied several”¦

Q: I wanted to know this, you remember the murder of Meredith Kercher, you took part in investigation activity or anyway had been called in relation [69] to the investigations that were being carried out?
A: I had been simply called as someone knowing English the afternoon of the 2nd.

Q: Do you remember the exact time?
A: It was afternoon but the exact time, exactly I don’t remember.

Q: Were you there in the Police Station?
A: I was at home and then they had called me from the Station saying that they needed a person who obviously knew the English language, I did nothing else but take the car and go to the Station.

Q: You knew that Meredith Kercher was dead and how she died?
A: No.

Q: What did you know?
A: I knew that there was a decease, but how”¦

Q: Knew from whom?
A: Yes, then when I had arrived at the Station that I went to the office they had mentioned that there was an English girl but I absolutely didn’t know how this girl had died.

Q: So it could even have been a natural death?
A: For me it could have been a natural death, suicide, I don’t know, anything.

Q: So no one had informed you?
A: No.

Q: So you arrive at the Station and then what happens?
A: I arrive at the Station, I go into the Inspector’s office, I go in, I sit down beside the Inspector and I begin, in quotes, to translate what they were asking me and then I was referring, that is I was re-translating the words of the signorina.

Q: You’d spent”¦
A: This was my job. Miss Amanda.

[70] Q: You’d spent how many hours at the Station?
A: A lot, up until around seven in the morning, more or less.

Q: You had in practice carried out the functions of an interpreter?
A: Yes, simply translating what was asked and then the reply.

Q: By Amanda Knox?
A: Yes.

Q: Can you say what behaviour Amanda had?
A: Her behaviour was, in my opinion, enough”¦

Intervention: No, not your opinion, let’s avoid evaluations!

President: Like a photograph.
A: Yes. Her behaviour was one thing only, in the sense that it seemed to me to be something calm enough, as if absolutely nothing had happened, this was her behaviour.

Public Prosecutor ““ Dr Mignini: Were there also other girls?
A: Yes, there were other friends, I think acquaintances, anyway there were other girls inside the Station, at the Flying [Squad] and they were all obviously tried.

Q: What were they doing?
A: They were seated quietly, they were really”¦ some were crying, some were a bit distressed obviously by the event.

Q: Amanda, you had seen her also waiting to be heard or else you’d seen her only in the”¦
A: I had seen Amanda for the entire span of time that I was inside the Police Station because obviously then we were there also with the other persons, every now and then I was accompanying some girl down to get something to drink, something to eat, we have a little [71] automatic machine, a vending machine downstairs, so if they needed anything we were always obviously at their disposal.

Q: You saw her with Sollecito in the Station?
A: Yes, yes.

Q: This when, before being heard or after?
A: After.

Q: And after what was she doing?
A: There’s a small waiting room there by the Flying Squad offices where there was obviously everyone, the ones who were waiting to be heard etc etc, their behaviour they were kissing each other, they were hugging, every now and then they were laughing.

Q: Were they talking to each other?
A: Yes, they were talking also between themselves.

Q: Were they talking in a loud voice?
A: A lowered voice, I in fact had heard absolutely nothing of what they were saying. They were talking amongst themselves.

Q: But they had said something at that moment or one of the two”¦
A: Every now and then, I remember that Sollecito asked me once: “But what time are we finishing?” and I had simply told him: “a bit of patience, we’ll try and finish as quickly as we can”, to stay calm for a sec, it takes what it takes.

Q: You’ heard her first at the beginning, that is you’d translated the questions and the answers.
A: I had simply translated the questions that the Inspector had asked and then I’d referred obviously to Amanda, always asking her: “you’ve understood?” and then as Amanda was going me the reply I simply retranslated for the Inspector.

Q: She was demonstrating an ability to in part understand Italian?
[72] A: Yes, yes, she was understanding also because I more than once had asked her “Have you understood? Do I need to repeat the question?”, so.

Q: Then you had also seen her subsequently? Had there been things ascertained?
A: Yes, then I think that it was around four, now I don’t remember well, in the morning obviously, I had accompanied her down where there’s the Scientific Police to take her prints, for the mugshots basically. We had gone down, no problems, then at a certain point along the corridor, right in front of the Scientifica there’s a corridor, she was walking up and down in a quite nervous manner and every now and then she was taking her hands and she was putting them like this on her head, she was hitting herself a bit like this. I at a certain point I started to get a bit worried, if she was feeling ill, I don’t know. Then I asked: “Do you need some water? Do you want a coffee? Do you want to sit down for a bit? Don’t worry yourself, stay calm” and I remember that she had turned round as if to say”¦ in fact she’d said to me: “no, no, I don’t want anything, I don’t need anything”. I’d left it at that, I’d said: “OK, it’s no trouble at all’, if you don’t need anything”.

Q: These blows she was giving herself”¦
A: Basically she was making this gesture here.

Q: Were they strong?
President: A gesture where she was lifting both her hands simultaneously to the height of her temples?
A: Yes, of her head.

President: Repeatedly?
A: Yes.

Public Prosecutor ““ Dr Mignini: She was hitting herself on the head with her hands or just lifting her hands to her head and that’s it?
A: No, no, she was hitting herself.

[73] Q: You have said in the statement of 21 December 2007 “strong enough”, you were saying that she was hitting herself rather hard, at page 10.
A: Yes I confirm that.

Q: You then tried, you insisted?
A: Seeing this scene I became worried and asked her: “Do you need some water? Do you need a coffee? Do you need something? Do we want to go a bit to the machines and get something?”

President: This, when is it that”¦ what time are we at, what day are we at, can you make it precise?
A: It was around four in the morning of the 3rd, so at night basically, around four in the morning if I’m not mistaken. Nothing, I asked her if she needed anything, she turned round and said, “no, I don’t need anything!”, “sorry, OK”.

Public Prosecutor ““ Dr Mignini: Did you by chance hear what they were saying to each other, what she was saying?
A: No.

Q: What she was saying not only to Sollecito, but in the event to the other girls present, to the young English people for example?
A: No, I don’t remember having heard anything, also because she was whispering quietly.

Q: And after having taken her to the Scientifica she left there?
A: Yes, then I accompanied her back up.

Q: How was she after the mugshots actually?
A: She was calm enough and settled herself back down in the waiting room.

Q: So these blows to the head, she was giving them to herself before going to the Scientifica?
A: While we were downstairs, when we had gone down to the [74] Scientifica”¦

Defence ““ Bongiorno: Mr President excuse me because while I’ve been talking to Sollecito, and asking him questions, we have documents on the computer, it’s an electronic instrument”¦
Intervention: It’s linked to the Internet, Mr President!
Defence ““ Bongiorno: {incomprehensible "“ overlap of voices}
President: Everybody! Please, I point out that the order of proceeding in this hearing at this moment is”¦ given the defenders may speak with each other, there are no particular security reasons for which the accused need a different location, they can remain where they are, they can talk and also consult the documents they’re consulting. Please continue”¦
A: Then actually while we were down at the Scientifica, I repeat around four in the morning, more or less that was the time, we had gone down, at the moment in which we had entered the corridor where there was the door to the Scientifica, she started to walk up and down the corridor making this gesture of lifting her hands.

Public Prosecutor ““ Dr Mignini: Multiple times, this?
A: Multiple times, yes.

Q: But you had asked her questions? Had there been something, had you encountered someone?
A: Nobody, we hadn’t encountered anybody, I had taken her and accompanied her downstairs.

Q: And as soon as you had arrived downstairs”¦
[75] A: As soon as we had arrived downstairs we entered into the corridor where the Scientific is she had started to make this gesture and to walk obviously nervously up and down the corridor.

Q: You didn’t occupy yourself with asking any more questions?
A: No, absolutely.

Q: Then you accompanied her back and that was it?
A: I’d accompanied her back up and then I did other things.

Q: I have no further questions.

Defence ““ Ghirga:

Counsellor Ghirga, Amanda Knox defence. It was the 2nd of November when they called you, true?
A: Yes.

Q: Now 15:30 or 16:30 we’re in the Police Station. You were at home, you said?
A: Yes.

Q: Was your morning shift finished, or else were you on holidays? You were at home?
A: Yes, I was at home in any case.

Q: And they were calling you for?
A: They were calling me saying”¦

Q: You were at home, but I asked you: had you finished your shift, were you on holidays?
A: Honestly I don’t remember. I was simply at my home where a call arrived from the Station saying that they needed a person who knew English. No problem, I did nothing else but take the car and go into the Station.

Q: So you take the car and go to the Station?
A: Yes.

Q: Why are you still today saying: “for me, it could have been an accidental death?” If they were calling you that [76] first afternoon, you go to the Station”¦
A: For only a bit.

Q: You’ve used this expression.
A: Then, for a bit only”¦

Q: Mr President he cannot contest what I’m saying!
A: No, I’m not contesting anybody, if you make me respond I will explain.

President: He’s not contesting, he’s waiting to be able to respond.
A: If I’m made to respond I will explain everything.

President: The defence is asking how come they were calling you at home”¦
A: They called me at home.

President: You knew if there was”¦
A: No, absolutely, I went up to the Station, I entered the Inspector’s office, I sat myself down and I began to translate, that’s it.

Defence ““ Ghirga: I’m a step before that, you have said: “for me it could have been an accidental death”, yet you say: “once I arrived at the Station I was informed about something”, is that so? Relating to the death of the girl.
A: Now then after ten minutes or so, twenty minutes, I don’t remember perfectly now, obviously I tried to understand what might have happened, but I was aware that there had been a decease, but I was unaware for what reason.

Q: A couple of questions on the modality of exercising the interpretative activity.
A: Yes.

Q: So you get to be called because you know English, you’ve said, and it couldn’t have been anyone else but, who was translating Inspector Ficcara’s questions.
A: Yes.

[77] Q: Therefore questions in Italian translated into English for Amanda Knox, Amanda was replying and you were translating into Italian the replies given in English?
A: Yes.

Q: Is that so?
A; Yes.

Q: You were translating the questions and you were translating the answers?
A: Exactly.

Q: In the first three pages of the statement of the 2nd, which is in the case file, I don’t see one question, can you explain why?
A: By question is meant, obviously in the moment in which we were taking the summaries [the SIs] it needed a second to say: “What do you call”¦”

Q: No, no, no, excuse me for interrupting, you’re going ahead. I don’t see one question asked by Inspector Ficcara and translated by you, how come?
President: Counsel is asking, in the statement you had said”¦
Defence ““ Ghirga: Not the personal details or the address.
President: You’ve said that you were translating the questions that were being put to Amanda Knox, but Counsel is saying: “I can’t find the questions in the statement”.
A: In the moment in which I was being asked to translate what it was called, where it was obviously needed to formalise the summaries.

President: Yes, but at the moment of the exposition of the facts, who was transcribing it into the record?
A: The Inspector.

President: You were translating into Italian and into English?
A: Yes.

Defence ““ Ghirga: Then he doesn’t remember, he doesn’t know why the questions were not translated.
[78] Public Prosecutor ““ Dr Comodi: But translated or transcribed?
Defence ““ Ghirga: Listen, in the first three pages there isn’t”¦
President: Counsel it’s clear.
Defence ““ Ghirga: It was only to understand the modality and that’s it.
President: Do you know how come the questions weren’t also put into the record?
Defence ““ Ghirga: When he says: “I was translating the questions”, he’s not saying something true because the questions aren’t there.
President: Excuse me, Counsel, please! Why aren’t the questions you say you were translating also reported in the record, if you know.
A: I don’t know.

Defence ““ Ghirga: And the last three are: “RTQ ““ replies to question”, here as well do you know why?
A: I don’t know.

Q: Do you know at what time the bar at the Station opens in the morning?
A: The Station bar varies, the times vary every now and then, in the sense that if there’s a service or anything else, a special service, I don’t know, usually they also open earlier, usually around a quarter past seven, 7:20, I don’t know the opening times exactly because I hardly ever go there.

President: Who manages the bar? Internal Station personnel?
A: No, no, if I’m not wrong they’re external, they have a contract [79] if I’m not mistaken.

President: So they are called in for a particular need?
A: It happens, it’s happened often.

Defence ““ Ghirga: No, I haven’t understood then.
A: The opening hours”¦

Q: You’ve answered about the opening hours, there’s no bar inside the Station?
A: Yes, it is, of course! Sure there is!

Q: You’ve said no now.
A: It’s on the first floor.

Q: Who manages it? Someone private?
A: I think that it might be someone private.

Q: You don’t know the opening hours?
A: Exactly, no, because I hardly ever go there, I’ve been only a very few times.

Defence ““ Dalla Vedova: Just one clarification: do you remember the exact time that you arrived at the Station?
A: Frankly I don’t remember because I wasn’t standing there with a watch, usually I don’t even wear a watch.

Q: Was it in the afternoon or in the evening?
A: No, no, in the afternoon.

Q: Could we say around five or around six?
A: No, it was earlier, at five or six I was already in the Station, it was earlier, much earlier.

President: It was still daytime?
A: Yes, yes.

President: Daytime still?
A: Yes, yes.

President: It’s November, it was still daytime, afternoon.
[80] A: Yes, although I repeat I don’t remember the precise time because I don’t wear a watch, out of habit, and I wasn’t there either to look at the clock honestly, they had called me, they needed someone, I take the car and go, inasmuch as I had no particular need at home and I went.

President: He doesn’t recall. Please, Counsel.
Defence ““ Dalla Vedova: You carried out the function of interpreter also with the other non-Italian girls who were present at the Station, true?
A: Yes.

Q: Exactly what did you do? Were you translating questions also for them?
A: I have to repeat, my job was to translate”¦

Q: I’ve understood that, I asked you if you also interpreted for the other girls, for example Ms Jade Bidwell?
A: Yes.

Q: And also other girls as well?
A: Yes, I remember having also done translation for the other girls.

Q: It was always an interview with an Italian functionary who was asking questions in Italian and you were translating into English and then the English person was answering in English and you were translating into Italian or was there”¦
A: There were summary informations [SIs].

Q: Was it only an enquiry if they needed something, like you referred to earlier, because you were also concerned with offering them a coffee, some water, taking them downstairs.
A: Certainly. Now the point is this: we are human beings to start with, so if a person needs something we have to”¦ if they need a coffee, a glass of water, something else, there are [81] machines downstairs, they’re accompanied downstairs and they’re given it, that’s it. We aren’t”¦

President: Yes, but Counsel was asking, in addition to this activity, which before you had described in relation to Amanda Knox, you have also carried out the function of interpreter and in the examination of Amanda Knox and also in the examination of the other English girls.
A: Sure.

President: How many other English girls if you’re able to recall? All of them or “¦
A: No, now I don’t recall, I think it might have been three, now I don’t remember exactly.

Defence ““ Dalla Vedova: Do you remember having taken part in the statementing of the SIs of Jade Bidwell, mentioned earlier, on the 2nd at 21:30?
A: Possibly yes, although I repeat I frankly don’t remember the names. I don’t remember the names of these girls.

Q: Another clarification in relation to your activity at the Police Station, when you took Ms Knox to the Scientifica to do the prints and photos had you informed her what thing you were going to do?
A: Yes.

Q: And what did you say to her?
A: I said to her that we were going downstairs, that we had to take these prints and that’s it, like what was done with all of the others.

Q: And you also accompanied the other English girls in this activity?
A: I don’t remember, I think no.

Q: You don’t remember?
A: I don’t remember, I honestly don’t remember.

Q: But the other girls also had had the same [82] necessity to do the ID-ing with their fingerprints?
A: I think so, I say I think.

Q: But they were foreigners, was there someone helping the girls in explaining what was happening? If you were with Amanda how was it done? Was there someone else?
A: The point is also this, that some of these girls were also understanding Italian a bit, therefore definitely my colleagues had explained it to them definitely, then I must reiterate I am only one person.

Q: There was some other interpreter that evening?
A: I don’t think so.

Q: So you, from the afternoon of the 2nd until four in the morning of the 3rd, were the sole official interpreter who was working inside the Police Station for all the foreigners, for all the foreign girls?
A: Yes, I think so.

President: You were however the only one, that’s what he’s asking, that you knew about?
A: That I know of I think it was only me.

Defence ““ Dalla Vedova:

In this whole period of time you had always stayed near Amanda?
A: During the summaries and then when I took her for the prints and mugshots, then I was present while she and the other friends and with the other friends were in the Squad office, in the waiting room, so I was there next to the wall, standing there, watching.

Q: And listening to the conversations?
A: No.

Q: But if you were standing there”¦
A: Obviously when they were talking aloud I was hearing something, but it wasn’t that I was”¦

Q: Do you remember if Ms Knox’s phone rang, [83] did she receive calls?
A: This I don’t remember.

Q: Do you remember if Ms Knox had made calls?
A: I don’t remember this either frankly.

Q: Do you remember whether in translating the questions the subject of sexual activity had been put to Ms Knox? If anyone had asked her questions on this subject?
A: I don’t remember.

Q: You don’t remember this subject?
A: No.

Q: And do you instead remember the subject of the vaseline? Whether this question in relation to a presumed usage or in any case the presence of this material had been put?
A: This I absolutely don’t remember. This is news to me, I don’t remember.

Q: You remember in any case whether Amanda Knox had a phone?
A: If I’m not mistaken yes, I think yes.

Q: And the other young people had a phone?
A: I think so, some had used it, I think so.

Public Prosecutor ““ Dr Mignini: But this is cross-examination, they’re not questions”¦
President: Let’s limit it to what was the examination.
Defence ““ Dalla Vedova: Although seeing that he was changing his stance and that he had acknowledged the fact that”¦
President: In fact these questions are being put.
Defence ““ Dalla Vedova: Since it appears from the documents that almost everyone was making phone calls, it would have helped me [84] to understand how come he can claim that the young people were quiet, therefore I wanted to know if anyone had made calls for example to their parents or in any case at that moment.
President: So he remembers that they had them, from their behaviour, under this aspect.
Defence ““ Dalla Vedova: Exactly, under the aspect of their behaviour, when he had claimed that the other girls were quiet, I wanted to better understand what led him to that conclusion, that’s all. Thank you, I have finished the examination.

Public Prosecutor ““ Dr Comodi: Only one question: when the bar in the Police Station is closed, if you want to have a coffee, a tea, a brioche, a bottle of water, do you have to go outside?
A: No, actually on floor zero, on the ground floor”¦

Q: Which is the same floor where there is the bar also?
A: No, the bar is on the first floor. So on the ground floor there are three small machines, one for drinks, the other obviously for snacks etc etc, then there’s the other one for coffee, like those outside.

Q: Which work 24 hours a day?
A: Yes, yes, 24 hours a day.

Q: Is the electricity switched off?
A: No, 24-hour, they’re always on.

Q: Thank you.

President: Very well, you may go.

- - -
Note: “fotosegnalazione” ““ “the taking by police authorities of a person’s fingerprints and face-on and profile photos for identification purposes” ([Italian Neologism Observatory]) ““ has been translated here as “˜(fingerprinting and) mug shots’, according to context. Usage of the term carries no imputed meaning as to legal status.

On the next post here is a full translation of the testimony of Chief Inspector Oreste Volturno by Catnip.

Friday, March 13, 2009

Sky News Video Of Meredith’s Final Moments Outside DRAFT

Posted by Peter Quennell

We maybe need to point out that this video is from the INTERMEDIATE level pf the parking building. The camera up on top of the building, the one we showed earlier, has a much superior view.

Why is not THAT the video now being presented? Presumably, one day, all will become clear.

Trial: More Breaking News From Today’s Trial Session On Sollecito’s Questioning

Posted by Peter Quennell

Sollecito’s Questioning At Questura 5-6 November 2007

Quote from an Associated Press report from the trial:

A police officer has testified that an Italian suspect was carrying a knife when he was taken to a police station in the hours that followed the stabbing death of a British student in Italy.

Rome police investigator Daniele Moscatelli told a court in Perugia on Friday that defendant Raffaele Sollecito looked “confused and nervous” during the questioning and that he was carrying a “long” knife in his pocket. The knife is not believed to be the murder weapon.

Another police officer testified that American co-defendant Amanda Knox nervously walked up and down at the station and was hitting her head with her hands.

There is a full translation of Moscatelli’s testimony by main poster Catnip at bottom.

New Scenario Suggested By Eavesdropped Accused

Italian media are reporting that a police-station staff member has testified that, during a bugged conversation between Raffaele and Amanda on November 4 2007, Knox made reference to another person, “perhaps to a black man.”

The witness said that led the police to develop a hypotheses that there could have been someone else in the Via della Pergola house at the time.

Sollecito Claims He Was Sent Home Shoeless

Italian media are reporting that Sollecito rose in court to explain his apparent confusion at the police station. He said “I was unable to contact them (my father’s lawyer”) and so there were long pauses while he waited.

Also [updated from another report] Sollecito explained why he was not wearing any shoes [this seems new public information] after his interrogation. He said they were removed for testing and he had no shoes on “until I went back to my own house.” He said. “I walked back barefoot in the street and ... nobody gave me a pair of shoes. “

Inspection of Knox’s Outgoing Letters

Italian media are also reporting that a translator has testified that hundreds of letters, more than 600, written and received by Amanda Knox in jail from day of her arrest until last spring, have been translated as part of the investigation. Letters were sent and received by the student from Seattle and from friends and relatives. To perform the long task of translating, Aida Colantoni, an interpreter of the Ministry of the Interior, was employed by the police in Perugia.

Italian media are also reporting that the interpreter, Aida Colantoni, testified that there appeared to be nothing incriminating in the 600 letters, and that Knox would in any case have suspected all prison mail is checked out.

The interpreter said the translation would be useful to provide the prosecutors with a profile of Knox during the interrogation and inspection. Knox had been described by agents as always cold or unusual because she did not seem sorry or upset at the death of Meredith, but the interpreter found her a seemingly different person.

Translation of Daniele Moscatelli’s testimony

This was kindly provided by Catnip.

Transcript of testimony given in the hearing of 13 March 2009, pp 46-67

Depositions of the witness Daniele Moscatelli

The witness, admonished pursuant to Article 497 of the Criminal Procedure Code, reads the oath.

Particulars: Deputy-Superintendent of the State Police Daniele Moscatelli, born in Rome on 15 May 1972 and currently in service at the Central Operations Service of the State Police.

President: Mr Prosecutor.

Public Prosecutor, Dr Mignini

QUESTION: You have carried out investigations on the death of Meredith Kercher?
ANSWER: Yes.

Q: Do you remember when you had arrived in Perugia and what activity you’d carried out?
A: I’d arrived in Perugia on the 2nd of November, in the late afternoon, from Rome, together with Deputy Commissioner Adjunct Giobbi, Doctor Edgardo Giobbi , in the late afternoon. We arrive in Perugia and we proceed to Via della Pergola, where on the outside of the house we find already present on site the Public Prosecutor, the Perugia Flying Squad and the Scientific Police. I was asked, almost immediately, to the offices of the Flying Squad to carry out SIs of potential witnesses who, one by one, were asked to the offices of the Flying Squad. This had happened on the 2nd.

Q: You’d entered into the apartment at Via della Pergola?
A: No, absolutely not, I immediately was asked”¦ then other colleagues from Rome also arrived and were assigned to this type of activity.

Q: Then?
A: I personally was asked to go the Marches, to Port Saint George, if I’m not mistaken, to verify the depositions, the testimonies given by the neighbours who were below the apartment where the murder had occurred, on the 3rd.

Q: The following day you carried out normal office activity, witness statements and so on, up until the 5th, specifically the evening of the 5th, when [48] we heard Mr Sollecito’s SI.*

Q: Can you say”¦ at what time you had heard him?
A: The evening around half past ten, ten forty in the evening, 22:30-22:40, also because I remember I was called on the phone, I don’t remember by whom, and he said that he was having dinner because he was given the time to dine and then to come into the Perugia Flying Squad’s offices.

Q: At what time had you completed the statement?
A: The statement, at 3:30-3:40.

Q: Sollecito had asked you to have a lawyer available, to interrupt the statement?
A: Absolutely not.

Q: So you had closed the statement normally, without any worry, and he had not asked anything about all of this?
A: No, everything that he was asking for, water and things, was placed at his complete ease, he had everything at his disposal.

Q: Do you remember how he was behaving?
A: His behaviour was basically confused also because”¦ the statement lasted a while also because of this reason, I repeat, he was placed at complete ease thus with very long pauses, in a manner very, as was relating us, in a very calm manner. In effect he had a basically nervous behaviour.

Q: Once the statement concluded on the basis of his declarations, what did you do?
A: Look, personally finishing with the statement I was asked by my superiors, I was asked along together with the Perugia Flying Squad to look for Mr Lumumba inasmuch the position of Mr Lumumba had emerged from the declarations of Miss Knox. So then when I re-entered the office it was morning, I was [49] made aware of Mr Sollecito’s arrest and I seized a pair of shoes and a knife he had with him.

Q: What knife?
A: A knife”¦

Q: A flick-knife?
A: I don’t remember if it was a flick-knife, however it was a long enough knife, I don’t remember now the technical particulars of the knife.

Q: He was carrying it?
A: Yes, yes, he was carrying it. He had it in his pocket and in the light of exactly because of this behaviour that he was displaying, even after the interview, I remember that Deputy Inspector Monica Napoleoni had asked him if he were armed or suchlike and he hands us this knife.

Q: Did you ask him for what reason he was carrying it?
A: He was saying that he was a lover of weapons, of knives.

Q: Then what did you do? What do you remember? Did you see Amanda that morning?
A: I saw her after because I personally busied myself with activity concerning Sollecito, I saw her in the morning when she was already in a state of arrest.

Q: Do you remember how she was behaving?
A: She was very confused, very exhausted I believe, but she was worn-out above all about the fact of her declarations, although she didn’t have a relevant behaviour with respect to who knows what.

Q: I have no further questions.

President: The Civil Parties have no questions; the defence?

Defence ““ Advocate Maori

Q: Advocate Maori, Sollecito Defence. You, Superintendent, said earlier, in response to the Public Prosecutor, that [50] you had effected the seizure of the knife and the shoes.
A: Yes.

Q: For what reasons were the shoes seized? Was there something about these shoes were leading you back to the crime? Were they bloodstained, was there some other element?
A: They were absolutely not bloodstained, although the shoes were seized in that they were seen, in a position that Sollecito assumed, seated with his legs crossed, in a quite natural position, and concentric circles were noticed on the soles of his shoes which, at the investigative level, could have led somewhere. In the evidence the Scientific Police had recovered a print with these concentric circles, so they were seized for this reason.

Q: At what time were these shoes seized?
A: In the morning.

Q: Superintendent, you on the 7th November participated in the seizure of Meredith’s computer and of the clothing that was found in the washing machine?
A: Yes, of the clothing that was in the washing machine.

Q: On that occasion was a search also done or only”¦
A: No, no, I on instruction went to the bathroom, the first bathroom on the right of the house, always wearing gloves and shoe-covers, I went there and took the clothing indicated by Ms Filomena Romanelli, inside the washing machine and I brought them to the office.

Q: Can you describe the course of events, who were you with and what you did?
A: I entered into the house, I put on the gloves and the shoe-covers”¦

Q: First of all you had removed the seals?
A: I didn’t remove them personally, with me there was Deputy Commissioner Profazio and Deputy Commissioner Giobbi.

Q: So there were three of you?
A: There were four of us, if I’m not mistaken, there was also Superintendent Gentili from my office.

Q: Go on.
A: We entered, I went to the first bathroom on the right with gloves and shoe-covers on, we opened the washing machine, I picked up the clothing with my gloves, put them inside a bag and we took them to the Flying Squad offices.

Q: You said “I went and we opened”, you mean “˜we went’?
A: I and Superintendent Gentili went into the bathroom.

Q: And these clothes, where were they put?
A: In a bag, a big bag.

Q: And this bag, where was it taken from?
A: The bag?

Q: This bag, where did it come from?
A: From the Flying Squad offices.

Q: What type of bag was it?
A: A black bag, so that then the clothing amongst other things had been centrifuged and washed, so we put all precautions in place. Then I remember that in the Flying Squad offices they were subdivided according to whether Miss Romanelli recognised them as hers or as belonging to the victim or other occupants of the house.

Q: This black bag is a rubbish bag so to speak?
A: Yes, like a rubbish bag.

Q: That you had found”¦
A: No.

Q: You had gone into the murder house carrying this bag with you?
A: We’d had the bag.

Q: That you found where?
[52] A: In the Flying Squad offices.

Q: In a drawer? There was a bag ready for this type of operation or else you had found it there and had thought that”¦
A: No, we didn’t find it there, it was a bag that had never been used, like everything else that was supplied, and where the clothing centrifuged and washed in the washing machine was put.

Q: You, before that date, the 7th of November, had never entered into Via della Pergola?
A: No. no.

Q: You were present at the execution of the provisional arrest warrant naturally?
A: Yes.

Q: Was this record signed by 36 members of the Perugia Police?
A: Yes.

Q: Was everyone present?
A: Yes. How were we all present, Counsel?

Q: Everyone belonging to the Perugia Police, from the Deputy Commissioner right down to the Assistant, so there were 36 people who signed the detention record, were they all present?
A: I didn’t count them, but definitely everyone was present, not that I set myself the task of counting if there were 36 people.

Q: Also because they couldn’t all fit in the room. Thank you.

Defence ““ Advocate Bongiorno

Q: Raffaele Sollecito, when was he arrested?
A: The morning of the 6th of November, at 8, I believe, the Public Prosecutor disposed the arrest and then the following noon I believe that he was notified.

Q: From the moment in which the statement was concluded to the moment in which he was arrested, were other [53] investigative activities carried out?
A: Counsel, as regards myself I have already explained to the Court, I, once the statement was concluded, was asked to look for the other suspect.

Q: While however”¦
A: Therefore physically I was not there.

Q: Then I will ask you questions about when you were present. When you were present, did it happen that amongst you police officers you were exchanging information about what was happening in the room in which Knox was being heard and about what was happening in the room in which Sollecito was being heard?
A: Personally no.

Q: Without the “personally”, I was saying, did it happen that anyone said something, exchanging information from one room to another?
A: Well, maybe when Miss Knox made her final declarations I don’t remember if someone came out of the room, for this I’m saying personally because I’m speaking for myself.

Q: No, in fact I am asking if these two records were made in such a way that people were shut in in two rooms or whether there was an exchange of information amongst you, someone was saying: “it’s going like this with Sollecito, is it going like that with Knox”?
A: There will also have been, but no”¦

Q: If you know, tell me yes, if not no.
President: If you recall with precision.
A: With precision, no, I don’t recall.

Defence ““ Bongiorno: Do you remember if someone said: “contradictions are starting to emerge”?
A: With respect to what, sorry?

Q: These declarations that were being made.
A: No, I don’t recall, I don’t think so.

[54] Q: Not if you recall, not”¦ what do you mean?
A: I mean that I don’t recall in that I was focussed on the activity I was carrying out at the moment.

Q: The activity that you were carrying out was taking the Sollecito SI, it wasn’t extraneous to the activity if someone was saying: “there’s a contrast with what’s happening in the other room”, that’s why I’m asking you it.
A: I don’t recall.

President: You don’t recall if during this activity that you were carrying out with regard to Raffaele Sollecito someone came and said, “but they’re..”?
A: I remember towards the end, when there were the declarations of Ms Knox, someone came but didn’t tell me this thing because I continued to take the Sollecito SI.

Q: But you heard them?
A: No, I didn’t hear them because in the room we were only”¦

Defence ““ Bongiorno: I haven’t understood well here then, this person comes in, says this thing and who does he say it to?
A: No, nobody came in, if anything someone went out, Counsel. Maybe Deputy Inspector Napoleoni had gone out, I don’t remember now.

Q: In the ambit of the whole statement by Sollecito, were contested questions put to Sollecito?
A: Contested in what sense?

Q: Of incongruities, of something that didn’t add up.
A: No, but it was him who was telling us”¦

Q: Were contested questions put or not?
A: No.

Q: Was it said: “Look, this isn’t so”?
[55] A: No, “Look, this isn’t so” was never said, absolutely. It was him who was saying to us: “No, I made a mistake, I said this, I said it another way”.

Q: When he said something like that during the statement, you considered interrupting the statement?
A: No, no, never.

Q: There was no grounds to call a lawyer?
A: There was at that moment no ground to call a lawyer.

Q: When and of what did the details against Sollecito occur?
A: The details against Sollecito had been produced by the totality of the investigative activity, it’s not that they emerged only from the SI statement, it’s true that the SI statement was opened and closed according to procedure.

Q: No, in fact that it was opened and closed normally is patently clear. I was asking you because in the course of the statement you were not interrupted, seeing that you then made the arrest.
A: Because evidently at that moment at the closure of the statement no elements had emerged to be able to communicate”¦

President: He has already answered this.

Defence ““ Bongiorno: OK.

Defence ““ Advocate Dalla Vedova

Q: I wanted to ask when you had arrived at Via della Pergola, had you noticed the front door of the house?
A: On the 2nd November, you mean?

Q: Yes.
A: No, I didn’t notice, we met there outside [56] with the Public Prosecutor and with officers and colleagues from the Flying Squad, there was a brief meeting, I then was asked straight afterwards to the Flying Squad office, I didn’t remain there onsite and I didn’t notice it.

Q: Afterwards you said you went to Port Saint George?
A: Yes, to Port Saint George the day after.

Q: Can you expand a bit more on this investigation?
A: That is? On the activity at Port Saint George?

Q: Yes, what investigative activity was carried out?
A: We went to verify the alibis that had been given during the witness information given by the neighbours of the house below who were saying that they were present that evening, the night of the homicide, in Port Saint George, and these alibis were checked against other witnesses.

Q: So you had verified the alibis of the boys who were living underneath?
A: Yes.

Q: By means of investigative activity always to do with witnesses?
A: Always with witnesses, statements of SI.

Q: Checks of phone logs?
A: No, I personally had not carried out activity on logs.

Q: Do you know if activity of this sort had been carried out in regard to the boys?
A: Everyone there had their different tasks, I was doing mine considering that there were two officers, among which one from the Central Operations Service, one from the Flying Squad, other colleagues.

Q: Who was it who was coordinating the investigations at that moment?
A: The investigations were being coordinated by the officers, by Deputy Commissioner Adjunct Profazio, by Deputy Commissioner [57] Giobbi and by Deputy Commissioner Adjunct Chiacchiera, the officers logically with the Public Prosecutor.

Q: Are you aware whether examinations of the phone logs of the boys from the floor below had been carried out?
A: Counsel, you’re asking me the same question.

Q: No, the question is whether you are aware if they had been carried out.
A: No, I am not aware.

President: You have already responded, you did not carry them out.
A: No I didn’t carry them out.
President: Though Counsel was asking if to your knowledge”¦

Defence ““ Dalla Vedova: I had asked if anyone else had done them.
A: I am not aware of that, I limited myself only to the tasks that were given to me.

Q: Obviously the investigation at Port Saint George, what had you confirmed regarding the alibis of these boys?
A: That the boys were present during the night, between the 1st and the 2nd, at Port Saint George.

Q: Can you be more precise? What had been the element that had guaranteed this presence to you?
A: Witness information and investigative activity.

President: Witness information is one thing, investigative activity is the same thing or something else?
A: No, witness information in the sense that there were, once persons totally extraneous to the matter had been heard, they confirmed the presence of the boys at Port”¦

Q: So this investigation?
A: Yes, the investigative activity I had led to [58] this logically, to this type of activity.

Defence ““ Dalla Vedova: For this activity, you made a statement, it’s in the papers?
A: There are the SI statements.

Public Prosecutor ““ Dr Mignini: The statements of the boys’ declarations, how come they’re not there?
President: No, sorry, Counsel was asking about the SIs of the people who would have confirmed”¦

Public Prosecutor ““ Dr Comodi: These are also in the papers.

Defence ““ Dalla Vedova: I take notice that the Public Prosecutor says that they are in the papers. I wanted to ask instead a clarification on the evening of the 5th, you have said that at around 3:30 of the 6th the examination of Sollecito had by then been interrupted and you carried out other investigative activity.

A: No, I did not interrupt the Sollecito activity, once the statement was closed I was then sent off, at the disposition of my superiors.

Q: I was interested in the activity immediately afterwards, what did you do as investigative activity?
A: I am telling you, Counsel.

Q: I ask you to answer.
A: Yes, we had gone in search of the other personage who had emerged from the declarations.

Q: The other personage is Patrick Lumumba?
A: Yes.

Q: Exactly what activity had you performed?
A: We looked for him with colleagues from Perugia, [59] we gave support to our colleagues from Perugia.

Q: And you found him?
A: Yes, we found him.

Q: Around what time?
A: I don’t remember exactly, but there had passed”¦

President: How much time later? How long did it take you?
A: A bit of time had passed, definitely two hours, a good two and a half hours.

Defence ““ Dalla Vedova: So from half past three, about two and a half hours later you had found Patrick Lumumba?
A: At home.

Defence ““ Bongiorno: Excuse me, Mr President excuse me, I’m loathe to interrupt, but unfortunately it’s happening in court, and it’s not the first time, that prompts are coming from there in back, to the witness, honestly I don’t like this!

President: Excuse me”¦

Defence ““ Dalla Vedova: I had not noticed and I find it very grave!

President: We must however grasp the opportunity to invite, truly I was looking at the witness”¦

Defence ““ Bongiorno: Also because I ask them then if there is the possibility they will be reheard?

President: All the parties, all the individuals”¦ let’s give a general indication that can always be”¦

Defence ““ Dalla Vedova: Maybe, Mr President, for practical [60] purposes, if we could move the stand and the seat on the other side so the witness “¦

President: Excuse me, everyone is asked to avoid any comment, either by voice or by gesture, in dealings with the witness, who must remain absolutely immunized against any input that could come from outside, it is said now but remains always valid, for the whole debate. If maybe there are these perplexities, the witness and also subsequent witnesses will be invited to look only at the Court.

A: Mr President, I only respectfully look at you.
President: In fact, I am continually looking at the witness, although if the parties have noticed something that might have escaped the one now speaking.

Defence ““ Dalla Vedova: We can change the position of the witness.
President: Yes, we can change the position of the witness, if you turn yourself with your chair and the parties are likewise asked, independent of the positioning”¦

Defence ““ Bongiorno: I wasn’t meaning the Public Prosecutor.

President: No, but everyone is the same.

Civil party ““ Advocate Pacelli: Then let Counsellor Bongiorno tell who it is.

Public Prosecutor ““ Dr Comodi: (incomprehensible ““ overlap of voices)

Defence ““ Dalla Vedova: Seeing that Napoleoni has been named, it seems to me very possible that [61] it’s a visual intersection.

President: Excuse me, let’s avoid any more and let’s stay on only what is necessary. We may proceed, look at me all the time, the parties will not care if while they speak they are not being looked at, you will continue to look towards here.

Defence ““ Dalla Vedova: So Superintendent Moscatelli, I would like to return to my questions. I would like to better understand, specifically the moment after half past three, you had gone searching for Patrick Lumumba and you had found him.
A: Yes.

Q: Exactly where did you find him?
A: Inside his house.

Q: What was he doing?
A: I believe he was sleeping because he was wearing”¦

Q: Pyjamas?
A: No, I don’t remember if he was in pyjamas or not, however he was definitely in clothes that were not for early evening.

Q: Who else was there in the house with him that morning?
A: There was the wife and the little girl [sic].

Q: You had carried out investigative examinations on Patrick Lumumba before turning up at his house, on his phone or other types of examination?
A: Personally no.

Q: Do you know if anyone else had done this type of examination?
President: Counsel is asking, other examinations, then if you know whether they were carried out…
A: I believe that someone had done them.

President: What type of other examinations had been done?
A: I believe examinations on the phone number or something [62] of the sort, although, Mr President, in an investigation as complex as this it’s very divided up, so I can answer with precision only on what I did.

Q: Superintendent Moscatelli, who else was present with you in the moment in which you had turned up at Patrick Lumumba’s house?
A: There were present with me, I recall, my office colleagues, but there were present other colleagues from the Perugia Flying Squad, but don’t ask me their names because I don’t remember.

Q: What happened afterwards? You took Patrick Lumumba and what happened next? From his house, where did you go?
A: To the Flying Squad offices.

Q: And you then notified his arrest?
A: No, the arrest was notified much later, there was the Public Prosecutor on site, so all the activity was then coordinated and decided by the Public Prosecutor.

Q: We are speaking of the morning of the 6th?
A: Yes, the morning of the 6th.

Q: You were present at the arrest of Amanda Knox?
A: At the arrest”¦

Q: At the notification of the arrest?
A: At the notification of the arrest, I had signed the arrest in a room, we were all these people, so I was present at the notification because I was there in the Flying Squad office.

Q: Do you remember at what time? Vaguely, if you recall?
President: You may consult the documents, the record, seeing as you participated in it.
A: I ask if I may consult the documents.

Defence ““ Dalla Vedova: The record was at midday, it had [63] been made at midday”¦
A: Before midday.

Q: This is a question still in relation to Patrick Lumumba; did you give him reasons when you had planned to take him away from the house?
A: No, no, absolutely.

Q: What type of reaction did he have?
A: Normal.

Q: Normal for a person who has been arrested?
A: Normal for a person who has been arrested”¦ that is, normal in that he wasn’t happy.

President: He was sleeping you were saying.
A: No, he opened the door and logically it could be seen that he had been sleeping, then he was told that he had to follow us to the police station, he dressed and came with us to the police station.

Defence ““ Dalla Vedova: In conclusion, what was the piece of evidence that led you to Lumumba’s house and to look for Lumumba based on what you had, and if there were more than one, what were they?
A: Definitely the declarations of Ms Knox.

Q: And then?
A: That in sum, then I don’t know if there had been”¦

President: If you know, Counsel is asking, if you know whether there were also other elements.
A: As regards myself, I attended to the instructions received and to the fact that Miss Knox had supplied elements useful to the identification of Lumumba.

[64] Defence ““ Dalla Vedova: And this element, had it been mentioned to Lumumba immediately after when you had arrested him?
A: Me, no. I had not mentioned it to him.

Q: Do you remember if someone had mentioned it to him?
A: I don’t remember, Counsel.

Q: None of your colleagues, you don’t remember anyone of the persons present?
A: I don’t know, Counsel, I as regards”¦ I no, but I repeat I can only answer for the action I effected myself.

Q: So you don’t remember if anyone put it to him?
A: No, I don’t remember because there were various people, surely there was”¦

Q: In your experience, when an arrest is made, is formal notice given to them?

Intervention: Objection, Mr President! Let him ask questions on the facts!

President: Excuse me, please”¦ Let’s allow the question to be put.

Public Prosecutor ““ Dr Comodi: Not with mistaken assumptions!

Defence ““ Dalla Vedova: No, there are no mistaken assumptions!

President: Please, Counsel.

Defence ““ Dalla Vedova: There’s a willingness to answer in a very vague manner so I am constrained to investigate, it’s clear that everything is in the documents, but the [65] question was precise, it seems strange to me that a person is arrested without anyone telling him the reason why.

Intervention: He answered!

Defence ““ Dalla Vedova: Seeing that I asked the witness if this information had been brought to the attention of the arrestee.

President: Don’t speak all at the same time but let’s also avoid using opinions, “it seems strange to me”, edit out this “strange”, we’re asking questions plain and simple.

Defence ““ Dalla Vedova: Well, the question was if he remembered if anyone had put the reason to him for which they had gone to arrest him.
A: The answer is: I didn’t do it, someone must have done it, surely.

Defence ““ Dalla Vedova: No other questions.

President

Q: I wanted to ask you, at a certain point you in your answers had said that Raffaele Sollecito’s shoes were removed from him.
A: Yes.

Q: I ask you, the shoes he was wearing?
A: Certainly.

Q: So he remained”¦ how did he remain? Were other shoes placed at his disposal? Did he remain shoeless?
A: Immediately afterwards he was shoeless, but I believe that then shoes were given to him.

Q: Do you know that shoes were given to him at what time, for how long did he remain without?
A: If he remained without he remained without for a short while because amongst other [66] things the seizure was done in the morning, then he was accompanied for the successive acts and so if he remained shoeless he remained shoeless for a short while.

Q: Short means?
A: The time then needed to go and get a pair of shoes.

Q: You questioned Sollecito alone or was there someone else with you?
A: No, no, there were other colleagues present, my superiors and Saturday crew.

Q: It’s in the relevant record?
A: Certainly, it’s in the relevant record.

Q: OK.

Defence ““ Bongiorno: Superintendent, so you took your own shoes, some external shoes or in any case you had waited for a search at Sollecito’s house and then had given him his shoes taken from his house?
A: No, not so, I didn’t wait for any search, I went back to seizing his shoes.

Q: Pardon me, I didn’t explain myself clearly. You had removed Sollecito’s shoes, so he was there without shoes, the President had asked “did you procure other shoes, did you wait, what did you do?” and you said “I believe, I don’t know how long afterwards, however we procured other shoes for him”.
A: Yes.

Q: I ask you, these other shoes, you found them because they were in the police station, you bought them etc, or in reality he remained shoeless until the search at his house had completed?
A: This I don’t remember.

Q: Thank you.

[67] President

Q: You are aware of the seizure of the knife that was effected, that is of the two knives, in the house that Raffaele Sollecito was living in in Perugia in early November. If you know, on that occasion Raffaele Sollecito accompanied the officers who went to effect it, the officers being Dr Chiacchiera and Finzia?
A: I don’t know, Mr President.

Q: Very well, you may go.

The hearing was adjourned.

*************

SIs are “˜summary informations’, part of the logistical paperwork of a criminal investigation and regulated by the criminal procedure code. My First Dictionary of Legal Matters says: “To acquire intelligence useful to the investigation, members of the investigative taskforce [the polizia giudiziaria] are able to collect summary informations from the suspect (Article 350 CPC) or from other persons (Article 351 CPC).” “” il mio Primo Dizionario delle Materie Giuridiche, (2008) [Simone, 2008], p 546. ISBN 9788824469760. The Code provides strict regulation about how, when and where such information can be used, against whom and in which venue, and for what purposes and consequences.

Trial: The Process Resumes: The Court Agenda For Friday And Saturday

Posted by Nicki

Days 8 and 9 of the trial. Only the bare bones of what will be discussed has been made public.

First, the police who first arrived at the crime scene will testify further. Then the crime scene investigators who collected all the evidence at the crime scene will testify further. And next, the interpreter called upon by the police to assist in the interrogation of Knox will be heard.

And on Saturday morning, Sollecito’s seized notebook computer will be the subject of interest, with the investigations on it carried out by the police being described. We have already heard that it seems to have been dormant, not downloading a movie, until the early hours of the morning.

Did Sollecito start his new day by googling “bleach” and “blood” as has been conjectured? Perhaps we are about to find out. 

On the details of what to expect, the prosecutors are playing their cards typically close to their chests.  Contrary to the myths apparently first propagated in Seattle, Prosecutor Mignini is not renowned among journalists for leaking his case in advance.

In fact, he is rather famous among journalists for being a hard interview to nail down. So it’s still a wait and see mode for trial watchers in in Italy, the UK, the US, and 100-plus other countries that are fascinated by the trial. 

Our usual highlighting of developments will follow.

Tuesday, March 10, 2009

Guede’s Grounds For Appeal Sound None Too Convincing

Posted by Peter Quennell

Click above for La Nazione’s report in Italian. Nick Pisa of the Daily Mail filed a good report in English. Excerpts:

Today Guede’s lawyers Valter Biscotti and Nicodemo Gentile launched their appeal and filed a 50-page request at the court in Perugia where a decision will be made on a hearing within 45 days.

Mr Biscotti said: ‘This crime was motivated by a row over money between Meredith and Amanda Knox - and she was killed by the accused (Knox) as a result of this row.

‘There is no proof at all to say it was motivated by sex and nothing to suggest our client was involved.

‘Rudy has always admitted being at the scene but he had nothing to do with any sexual assault and murder - this crime was motivated by a row over cash and nothing else.’

Mr Biscotti added that after having read trial judge Paolo Micheli’s 106-page ‘reasons for sentencing’ he felt that had ‘good grounds for an appeal’ as no firm link of a sex attack by his client was proved.

At his fast track trial the court heard DNA from Guede was found at the scene on a bloodied pillow and on Meredith’s body.  His lawyers claim this was because the pair were ‘petting’ after having made an appointment to meet up the night she was murdered.

Guede told the court that he had ‘eaten a dodgy kebab’ and was in the bathroom listening to his iPod when Meredith was killed. He said he emerged to find her dying in a pool of blood.

Guede told the court he struggled with a man who resembled Sollecito and that he thought a woman who looked like Knox was at the door of the house waiting.

Mr Biscotti added: ‘My client tried to help poor Meredith and put towels around her wound but then ran away. The only thing he is guilty of is not staying to help and he will have to live with that for the rest of his life.’

According to a prosecution reconstruction, Guede and Sollecito held Meredith down, while Knox stabbed her in the throat. They deny the claim and stress the DNA evidence against them is contaminated and flawed.Ivory Coast drifter Rudy Guede, 21, was jailed for the murder and sexual assault of Meredith, also 21, six months ago after opting for a fast track trial.

The student was found semi-naked with her throat cut. Prosecutors and police say she was murdered after refusing to take part in a drug-fuelled sex game.

In lodging the appeal against his conviction and sentence (mandatory in Italy) his lawyers have offered no new exculpatory evidence.

Just claims that the other two did it, that an argument over Meredith’s stolen money was the motive, and that he was in the bathroom at the time.

Guede’s DNA was of course found right there at the scene of the crime, in Meredith’s room, and on Meredith’s body.

Considered in the context of the awesome detail of Judge Micheli’s report the grounds for his appeal sound almost laughable.

This is all being taken by some of the court analysts that Guede has nothing to bargain with that the prosecutors don’t already know.

And that they have great confidence in the strength of their case against Raffaele Sollecito and Amanda Knox.

Enjoy your 30 years in the slammer, Rudy Guede. You might even have saved Meredith’s life by calling for some help.

And you didn’t. It appears, in fact, that you chose not to.

Friday, March 06, 2009

Patrick Lumumba Seeks Damages For His Time In The Big House

Posted by Peter Quennell

Click above for the story.

Knox is being tried on a charge of calunnia for her false implication of Patrick (see an explanation of calunnia at bottom). Patrick was of course the owner of the Le Chic bar, now closed because of the heap of trouble that his former waitress Amanda Knox dropped on his head.

He was held in Capanne Prison for about two weeks as a suspect, after she alleged (voluntarily, in writing) that she had seen him in the house on the night of the crime. And heard Meredith’s screams as he committed the murder.

Might he perhaps not have been so ticked if she had recanted the accusation any time in the next two weeks? Maybe. Maybe not. But Knox might easily have done. Nobody was pressuring her to do otherwise.

This seems an open-and-shut case. The evidence is all there. So Knox lives and learns. We hope.

Explanation of calunnia

The charge of calunnia (art. 368) has been commonly translated as “slander” in the English/US media. This translation is incorrect, however, as calunnia is a crime with no direct equivalent in the respective legal systems.

The equivalent of “criminal slander” is diffamazione, which is an attack on someone”Ÿs reputation. Calunnia is the crime of making false criminal accusations against someone whom the accuser knows to be innocent, or to simulate/fabricate false evidence, independently of the credibility/admissibility of the accusation or evidence.

The charges of calunnia and diffamazione are subject to very different jurisprudence. Diffamazione is public and explicit, and is a more minor offence, usually resulting in a fine and only prosecuted if the victim files a complaint, while calunnia can be secret or known only to the authorities. It may consist only of the simulation of clues, and is automatically prosecuted by the judiciary.

The crimes of calunnia and diffamazione are located in different sections of the criminal code: while diffamazione is in the chapter entitled “crimes against honour” in the section of the Code protecting personal liberties, calunnia is discussed in the chapter entitled “crimes against the administration of justice”, in a section that protects public powers.

 

Brief Explanation Of Difference Between “Calunna” And “Diffamazione” EDIT

Posted by Machiavelli

[image]

The crimes of calunnia and diffamazione are located in different sections of the criminal code.

Diffamazione is in the chapter entitled “crimes against honour” in the section of the Code protecting personal liberties.

Calunnia is discussed in the chapter entitled “crimes against the administration of justice”, in a section that protects public powers.

The charge of calunnia (art. 368) has been commonly translated as “slander” in the English/US media. This translation is incorrect, however, as calunnia is a crime with no direct equivalent in the respective legal systems.

Calunnia is the crime of making false criminal accusations against someone whom the accuser knows to be innocent, or to simulate/fabricate false evidence, independently of the credibility/admissibility of the accusation or evidence.

The equivalent of “criminal slander” is diffamazione, which is an attack on someone’s reputation, usually to sway a judicial process.

The charges of calunnia and diffamazione are subject to very different jurisprudence.

Diffamazione is public and explicit, and is a more minor offence, usually resulting in a fine and only prosecuted if the victim files a complaint.

Calunnia can be secret or known only to the authorities. It may consist only of the simulation of clues, and is automatically prosecuted by the judiciary.

Tuesday, March 03, 2009

Cartwheels Or No Cartwheels? You Be The Judge

Posted by Peter Quennell

[above: examples of cartwheels, not by Amanda Knox]

The ever-careful and supremely objective Steve Shay has another scoop!

This below is Mr Shay’s report to gullible Seattleites (if there are any left) in the, ah, very well-edited West Seattle Herald:

“Amanda accompanied Raffaele to the station where he was then interrogated by Monica Napoleani, the Perugia chief of homicide. Amanda was there to support him, as he had supported her before, when she was interrogated,” said Chris Mellas. Chris Mellas is the husband of Edda Mellas, Amanda’s mother. Both live in West Seattle.

“She was actually sitting alone in a separate room waiting for her boyfriend, and Napoleani said in court Friday (Feb. 27) that when she went to get some water she walked by the room where Amanda was and saw Amanda “˜doing the splits.’ She said she thought this was “˜odd behavior,’ and that Amanda should have instead appeared to be mourning the loss of Meredith.

The tabloid press further sensationalized her statement by changing “˜the splits’ to “˜cartwheels,’ and the mainstream press ran with that. “

“Amanda does yoga to calm herself down and relieve stress, and she told her father and me that’s why she was doing the splits. Also, in those four days she was in mourning over Meredith, which followed her outrage. Six hours after the discovery (of the body) she was like, “˜Let’s find the bastard who killed her.’”

Meanwhile, back here in the real world….  This was the actual report from the BBC News:

Meredith Kercher murder suspect Amanda Knox “turned cartwheels” in the police station after the killing, a police witness told a court in Perugia, Italy.

Former flying squad chief Domenico Profazio said he had to tell Ms Knox and her boyfriend Raffaele Sollecito their behaviour was “not appropriate”.

From Seattle’s own Post-Intelligencer

They were always together, Napoleoni said, and did not want to be separated. While police questioned Sollecito, Knox waited in a side room where policewoman Lorena Zugarini, also present at Knox’s questioning, said she saw Knox doing a cartwheel and the splits. Zugarini said she told Knox it was “not the right place” for such activities.

From the UK’s Sky News:

Ms Napoleone also described Knox’s unusual behaviour at the police station where she had been taken for questioning. She said: “She had complained that she was feeling tired and at that stage I told her that she could go if she wanted.” “She said she wanted to stay, Sollecito was also at the station at the time and she said she wanted to wait for him.

“A few minutes later I walked past a room at the police station where she was waiting and I saw Amanda doing the splits and a cartwheel. It was around 11am on November 5th.

From the UK’s Daily Express:

The exchange came as Inspector Ficarra, of the city’s Flying Squad, described 21-year-old Knox’s bizarre behaviour after her arrest following the killing in 2007.

“I was in the elevator and when I got to the floor where the Flying Squad department is the door opened and I saw Amanda doing floor exercises,” he said.

“She was doing the splits, cartwheels and arching herself backwards, pressing her hands on the floor. I said to her, “˜What on earth are you doing? Is this the right way to behave?’

From the UK’s Independent:

Chief Inspector Monica Napoleoni told the court where the pair are on trial for murder how, at the police station as they waited to be first questioned, Mr Sollecito and Ms Knox “appeared completely indifferent to everything, lying down, kissing, pulling faces and writing each other notes. They were talking to each in low voices the whole time ““ it was impossible that they were behaving like this when there was a dead body in their house. It seemed strange to everybody”. Ms Knox had also “turned cartwheels and done the splits,” she said.

From the UK’s Daily Telegraph:

Ms Napoleoni recalled thinking that Miss Knox and her boyfriend seemed “indifferent to everything” when they were called to a police station in Perugia for questioning on Nov 5, 2007. It was there that the American turned cartwheels and did the splits.

And the last word, as always, from the London Times:

Ms Napoleoni said she and other officers had seen Ms Knox “doing cartwheels and the splits” while Mr Sollecito was being questioned and she was waiting her turn. Ms Napoleoni said she found this “very strange”. She said Ms Knox and Mr Sollecito “had a bizarre attitude throughout - they were laughing, kissing and pulling faces at each other.

Pehaps Chris Mellas and Steve Shay and Ken Robinson of the West Seattle Herald should discover the tubes of the internet.

Sunday, March 01, 2009

Trial: Wrap-Up On The Testimony For This Week From Officers Who Questioned Knox

Posted by Nicki

1.Monica Napoleoni

Today’s hearing resumed with the deposition of Ms Monica Napoleoni, the head of Perugia’s homicide squad, which had been halted yesterday.

Some of her statements were extremely touching and sad. For example, she reported on the text messages that were found on Meredith’s phone from her parents who, having heard on the news broadcasts that a British student had been murdered in Perugia, wanted to make sure that their daughter was fine. [A heartfelt comment on this by reader TT on the post below this one]

Ms Napoleoni also described what she saw when she entered the murder room and leaned over Meredith’s lifeless body. She reported that Meredith body had been cut about so ferociously that it was very hard for her to even look at the wounds.

Ms Napoleoni also talked about a female shoe print that was found next to the pillow near Meredith’s body, a footprint of a size compatible with Knox’s.

During cross-examination, Sollecito’s defense showed Ms Napoleoni pictures of the cottage rooms taken while the search by the Flying Squad and Scientific Police was taking place. She pointed out that shoe covers and gloves were always being worn by everybody present.

In one instance on December18th when the bra clasp was found and sequestered “whole overalls were used by everyone, since the scientific police were at work”.

Ms Monica Napoleoni confirmed the impartial handling of Knox on the night of 5-6 November which she briefly witnessed, and also confirmed that she witnessed “Knox”˜s gymnast show” and improper behaviour of the couple during the course of investigating such a tragic event.

2. Rita Ficarra

Ms Rita Ficarra, the officer in charge of the Perugia Flying Squad, reported about the night between November 5 and 6, when the two defendants were interrogated and later arrested in the wee hours of November 6th.

Knox turned up at the police station, although she hadn’t been asked to, “because Sollecito had been requested to be interviewed and she was accompanying him” Ms Ficarra said.

She was not required to stay, and could have gone home any time.

“I encountered her in the waiting room doing splits, cartwheels and bridges. She was showing off her gymnastic capabilities”. Ms Ficarra added that she reproached Amanda, and asked her to quit her inapt behaviour, as in addition to her gymnast show, Knox kept French-kissing, stroking and hugging Sollecito.

Ms Ficarra felt that was very inappropriate behaviour to be going on in a police station while waiting to be heard concerning a gruesome murder.  “Everybody else was terrified” Ms Ficarra said “except for Amanda and Raffaele, who seemed indifferent, were smirking, and kept on French kissing.”

Ms Ficarra then described Knox’s interrogation and the false accusations against Patrick Lumumba.

Ms Ficarra testified that when Knox was asked about Mr Lumumba”˜s text message to her on the night from his bar, “she started crying and wrapping her hands around her head, she started shaking it, and then she said: it was him”¦Patrick killed her”.

At this point, Ms Ficarra said “I stopped the interrogation and informed the judicial authorities”. Ms Ficarra stressed that “Amanda was never mistreated” and that “she had a chance to rest, go the bathroom, and eat”.  She insisted on writing out and signing statements both then and after being warned of her rights. She declined to have a lawyer present. 

Ms Ficarra’s deposition continued: “After Knox was notified of her arrest ““ in English - she asked for a pen and paper, saying: I’ll give you a present”. Ms Ficarra added “Knox asked me to read what she was going to write before she was taken to jail, because she wanted me to have a clear idea about what had happened”.

Ms Ficarra maintained that “Knox was never subjected to threats or violence…. she was treated firmly, but with cordiality”.

3. Knox and Sollecito

As Andrea Vogt reported, Knox and Sollecito both made impromptu declarations during today’s trial session.

Knox made a very brief statement in Italian, claiming “They did offer me drinks and food, but they started treating me as a person only after I made those declarations”. She did not elaborate any further.

Sollecito’s declaration took more time. He claimed that during his interrogation on the evening of November 5, he asked to make a phone call to his father but was denied it. He then asked for permission to call a lawyer, but he was not allowed to do so. He did not report any mistreatment or any physical or psychological abuse from the police.

4. A comment on this.

It should be noted that when Sollecito asked for a lawyer’s assistance, he had not yet even become a suspect. His status was still that of a “person knowledgeable about the facts” who is not legally entitled to insist on a lawyer being present. 

Not an actual suspect. Simply a person who could possibly yield useful information to the investigators. So why would someone who is being heard as a “helper” be so concerned about getting a lawyer? If he really had nothing to hide?

The next trial dates are March 13 and 14, 20 and 21, and 27 and 28.

Saturday, February 28, 2009

Trial: Video Report By Nick Pisa Of Testimony On Saturday Morning

Posted by Peter Quennell

Sky News no longer carry this video. We keep this post live because of relevant reader comments below. The video included shots of Knox apparently enjoying the attention. We have still images.

In this session, various officers started to describe what took place at the Central Police Station on 5-6 November 2007 leading to the arrest of Knox and Sollecito.

We carry translations done later of the testimony of all the officers. They hang together, and are in stark contradiction to Knox’s “memoriale” of midday 6 November.