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 12, 2011

Fifth Appeal Hearing: The Two Appellants Arrrive In The Courtroom

Posted by Peter Quennell

Friday, March 11, 2011

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

Posted by Peter Quennell

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

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

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

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

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

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

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

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

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

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

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

Thursday, March 10, 2011

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

Posted by TomM

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tuesday, March 08, 2011

Strange Story Of Congressional Knox Supporter Apparently Becoming Over Aggressive

Posted by Peter Quennell

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

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

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

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

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

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

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

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

Unfortunate case. What a surprise.

Saturday, March 05, 2011

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

Posted by Saskia van der Elst

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

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

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

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

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

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

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

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

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

Thursday, March 03, 2011

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

Posted by Michael

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

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

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

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

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

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

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

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

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

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

Posted by Michael

Above and below: images from the two misleading scenes

1. Movie Advances HIV & Sex Partners List Hoax

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

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

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

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

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

2. The Hard Facts About Knox’s HIV Testing

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

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

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

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

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

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

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

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

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

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

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

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

4. Lifetime V Reality: There Was No Angry Confrontation

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

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

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

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

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

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

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

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

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

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

4. Relevant Misleading Scenes In The Lifetime Film

Top and below: the first partly imaginary scene




Above and below: the first partly imaginary scene




Below: the second very misleading scene




Below: the second very misleading scene

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

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

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

Monday, February 28, 2011

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

Posted by Peter Quennell

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

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

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

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

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

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

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

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

Sunday, February 27, 2011

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

Posted by Peter Quennell

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

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

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

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

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

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

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

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

Saturday, February 26, 2011

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

Posted by Peter Quennell

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

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

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

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

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

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

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

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

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

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

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

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

So here is how it is stacking up:.

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

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

Hard to see what further they have to lose.