Political & economic headsup: US is demonstrating unsorted systems problems in spades. Do watch your investments. As Washington DC policy gets more & more off-target, big New York investors are betting very heavily that stocks will soon crash. Gross systems mismanagement 2017-20 tanked stocks several times.

Saturday, September 18, 2010

Explaining The Massei Report: Its Reasons For Existence And Its Significance In The Appeals

Posted by Storm Roberts

Inroduction

What is the “Massei Report”?  Put simply, the Massei Report is a document produced by the two professional judges, Dr. Beatrice Cristiani and Dr. Giancarlo Massei, who presided over the trial of Amanda Knox and Raffaele Sollecito at the Court of Assize in Perugia from 16th January to 5th December 2009, which explains the judgement and sentencing.

In reality this document is far more than that.  It examines the evidence laid before the court; it discusses both the prosecution and defence cases in great detail - referring back to both the documented evidence produced to the court and to witness testimony; it explains who the witnesses are, it evaluates their reliability and precisely what their evidence tells the court; it gives a detailed analysis of how the court came to it’s verdict.  This document is a careful and considered analysis of the entire trial, from opening procedural arguments through to the final sentencing.

The most important aspect of this report is that, despite the need to be cool, dispassionate, focussed on evidence and cold, hard fact, at no point do the authors loose sight of the fact that this report is about a human being: Meredith Kercher. 

The Massei Report comes at the end of the initial trial of Amanda Knox and Raffaele Sollecito for the murder of Meredith Kercher (and other charges - see below).  It is not however the end of the judicial process.  The Italian system gives two appeals to those convicted at their first trial.

The first appeal can be an appeal from the defence, the prosecution, or both, and is a review of the merit of the decision of the first trial and is heard by different judges and lay judges - it is not a full review of the evidence, it is a review of the merit of the decision of the first trial and is heard by different judges and lay judges.

The second and final appeal is to the Italian Supreme Court and is on matters of errors in procedure or in the application of the law, it is not a review of the evidence.  The appeals process is described by Commissario Montalbano here on TJMK (link to post of 17th August 2010)

The Massei Report is the basis of the appeal, to be heard later this year, by both the prosecution and the defence teams of Amanda Knox and Raffaele Sollecito.  Both defence teams have submitted their appeals and they will be heard in due course.  I note, for the sake of clarity, that, it is the job of the defence teams to question the Massei Report - simply because the defence teams have questioned the report does not, at this stage, mean that the Massei Report is incorrect.  As of today, prior to the appeal court’s judgement, the Massei Report is the definitive discussion of the case against Amanda Knox and Raffaele Sollecito and the judgement passed against them.

For those who wish to have a detailed knowledge of evidence presented in the case against Amanda Knox and Raffaele Sollecito there is no substitute for reading the Massei Report in it’s entirety - it is available, thanks to the work of a dedicated team of volunteers, both here on TJMK and on the PMF forum, in English (Please see the link in the menu on the left of your screen).  Here I am going to highlight some areas considered in the report, my hope being that, in highlighting certain evidence, it will be possible to address the areas most often called into question by those who do not have full information on this sad case.  This is not a full review of the Massei Report.

Even for those who have followed this case the Massei Report has some surprises.  For example, I knew that both the prosecution and defence teams had appointed experts in forensic medicine and science, but I had not realised that, at an earlier hearing the Perugian court had appointed it’s own forensic experts, thus there were three sets of experts heard at the trial - the prosecution’s, the defences’, and independent court appointed experts.

N.B.  In the following review the references to page numbers relate to the above mentioned translation of the Massei Report - specifically the first published version - v1.0 - dated 8th August 2010.

The charges.  [Pages 10-13]

Amanda Knox and Raffaele Sollecito were charged, alongside Rudy Guede, with the murder of Meredith Kercher at the flat Amanda Knox shared with Meredith and two Italian girls at number 7 Via della Pergola, the murder was committed for trivial reasons whilst Rudy Guede, in concourse with Amanda Knox and Raffaele Sollecito, committed the felony of sexual assault. 

Additionally Amanda Knox and Raffaele Sollecito were charged with carrying a knife without justified reason - this is what is known as the “double DNA knife” to which we will return later, with sexual assault (in complicity with Rudy Guede who is held to be the material executor), with theft of approximately €300, two credit cards and two mobile phones from Meredith Kercher, and finally with the staging of the scene to make it appear as if the flat had been broken into. 

In addition Amanda Knox was charged with the crime of calunnia - as explained below there is no direct equivalent in English or American Law - this is the crime of falsely implicating Diya “Patrick” Lumumba in the murder of Meredith Kercher.

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.

Some Details from the Report:

The Massei Report deals with the various declarations made by Amanda Knox; her statements to the police, her email to friends and family, and also her testimony to the court on 12th and 13th June 2009.  Knox’s memorandum to the police does form part of the body of evidence - it was not “thrown out”.  The memorandum she wrote on 6th November 2007 was admitted into evidence during the opening arguments and as such this is detailed in the first part of the Massei Report.  Additionally it is worth noting that Knox’s police interviews when she was being interviewed as a witness have not been “thrown out” - as per Italian Law, statements when made as a witness (i.e. prior to becoming a suspect) are only admitted as evidence against others.  When interrogated as a suspect Knox had both a lawyer and an interpreter - the interpreter, Dr Anna Donninio, actually testified at the trial.

Many claims have been made by Knox’s supporters that can be directly countered by the evidence in the Massei Report.  Let us consider just a few of these claims:

1) Amanda Knox did not know Rudy Guede.

This is clearly untrue as Knox herself, when questioned during her trial, admitted to knowing Rudy Guede and to having met him on several occasions during the month of October 2007.  They were not “best friends” but they knew each other to speak to and they had socialised in the same group (a group which included Knox’s flatmates and the boys from the flat beneath her’s). [Page 67]

2) Raffaele Sollecito and Amanda Knox have maintained the same story throughout.

Clearly this is not the case.  Just two examples highlighted in the Massei report are as follows:

a) Knox’s reactions at the scene, namely her indifference to the problem of Meredith’s locked door, run counter to her email sent to friends and family in the USA where she indicates the locked door caused her to panic [Pages 31, 32 and 91 - 95]; and,

b) During Knox’s testimony on the stand she changed details of her story from the first day to the second day.  On 1st November Sollecito and Knox ate dinner at Sollecito’s flat and, whilst washing up, a pipe under the kitchen sink leaked and caused water to pool on the kitchen floor.  Dr. Sollecito (Raffaele’s father) telephoned his son at 20.42 hrs - during this conversation Raffaele told his father about this leaking pipe, thus fixing the time of the meal at before 20.42 hrs .  On 12th June 2009 Knox timed this meal at 21.30 - 22.00 hrs, on 13th June she changed her testimony moving the timing of the meal even later, to around 23.00 hrs. [Page 78]

3) There is no evidence against Amanda Knox or Raffaele Sollecito.

Having heard all the evidence and arguments from both the prosecution and defence teams the court reached the following conclusions (NB.  These are the ‘headline’ points of the evidence, for the entire bank of evidence (including the DNA trace evidence) please read The Massei Report itself) - Page numbers refer to the detailed evidence and arguments.

a) The Double-DNA Knife (Exhibit 36) [Page 264 also Page 287]

The knife had Meredith’s DNA near to the tip of the blade; Amanda Knox’s DNA was on the handle.  This knife, the court concluded, was compatible with the large wound on the left side of Meredith’s neck.

b) The Bra-clasp (Exhibit 165) [Page 266 also Page 294]

Raffaele Sollecito’s DNA was on the bra-clasp.  The bra-clasp was not contaminated.

c) Computer evidence (including internet usage) [Page 299].

The last interaction with Raffaele Sollecito’s computer on 1st November 2007 was at 21.10 hrs and 32 seconds.  There was no further interaction with the computer nor with the internet line at Sollecito’s flat until the computer was used to play some audio files at 05.32 hrs in the morning of 2nd November 2007.  Thus the computer usage and internet connection do not support the notion of Amanda Knox and Raffaele Sollecito remaining in Sollecito’s flat all night.

d) Telephone evidence (both land line and mobile) [Page 311].

Raffaele Sollecito’s father telephoned him at 20.42 hrs on the 1st November and this gives a time for the washing up after dinner as Raffaele told his father about the leaking pipe in this call.  His father sent him a text message at 23.14 hrs 1st November which was not picked up by the phone until 06.02 on the 2nd November - the court concluded that this was due to the phone being switched off between 20.42 hrs 56 seconds on 1st November and 06.02 hrs 59 seconds on 2nd November. 

On 2nd November the following activity on Raffaele Sollecito’s phone is noted:

12.50 hrs a call to Raffaele’s sister from the area of Via della Pergola 7, followed by two calls to 112 (the Europe-wide emergency number) the first at 12.51 hrs and 12.54 hrs.  (Note: The two Postal Police officers noted their arrival at Via della Pergola 7 at approximately 12.30 hrs.)

On 1st November Amanda Knox claimed to have turned her phone off after having replied to Diya Lumumba’s text message at 20.35 hrs 48 seconds.  There was no further activity on her phone until 12.07 hrs 12 seconds on 2nd November.

This call was the first to Meredith’s English phone - it was of 16 seconds duration and connected through a cell covering Sollecito’s flat.  The court held the opinion that this call was to check that the phone, and the second phone that was disposed alongside it, had not been discovered.

There was then a flurry of activity:

12.08 hrs - Amanda called Filomena Romanelli again from Sollecito’s flat.
12.11 hrs 02 seconds - Amanda called Meredith’s Italian phone.  This call lasted 3 seconds and again was made from Sollecito’s flat.
12.11hrs 54 seconds - Amanda called Meredith’s English phone for a second time.  This call lasted 4 seconds and was made from Sollecito’s flat.
At 12.12 hrs. 12.20 hrs, 12.34hrs Filomena Romanelli called Amanda, the first two calls connected through the cell covering Sollecito’s flat the third a cell covering the flat at 7 Via della Pergola.

At 12.47 Amanda Knox telephoned her mother in America.  This is the call during which her mother, Edda Mellas, testified that she told her daughter to call the police.  Mrs. Mellas detailed this call in her testimony; her daughter testified that she did not remember making this call.  (Again, note the two Postal Police officers noted their arrival at the flat at approximately 12.30 hrs.)

A further call to her mother was made at 13.24 hrs - this call, Mrs. Mellas testified was when her daughter told her that a foot had been seen in the room, Mrs. Mellas said that there was yelling and that her daughter was upset.  In her testimony, Amanda Knox claimed this was the first call to her mother that she could remember.

e) Prints - shoe prints and footprints [Page 332].

The footprint on the blue bath mat in the bathroom shared by Meredith and Amanda is attributed to Raffaele Sollecito, and barefoot prints two compatible with Amanda Knox and one compatible with Raffaele Sollecito were highlighted using luminol.

4) Amanda Knox and Raffaele Sollecito were not under the influence of drugs on the night of 1st November 2007.

The Massei Report clearly states that both then defendants were “accustomed to the consumption of drugs and the effects” and Amanda Knox stated that she and Sollecito had consumed drugs on that evening. [Page 367]

In Conclusion

Above I have considered just a few areas of the Massei Report,  for those new to TJMK I hope that this has given an insight into the incredible detail provided by the judges and I hope it will have encouraged you to read the Report for yourselves in order that you may fully understand this sad case.

Shortly I will be looking at sections of the report dealing with the medical forensics.

 

Tuesday, September 14, 2010

Steve Moore Really, Really Believes Amanda Knox’s Alibi #5! Or Was That Alibi #7?

Posted by Peter Quennell

Added later: Video report from KGW8 Portland Oregon has been removed, as with others featuring Steve Moore; however below see key quote.

1. The KWGA Report

What Steve More is wildly building from is Amanda Knox’s highly self-serving claims made on the witness stand last June (not under oath so she was free to lie) which both she and her lawyers had previously often contradicted and even she wound back on the stand.

“Listen to what she’s saying. ‘I was very scared. I plugged my ears. I do not remember anything. I was upset, but I imagined.’ If you take all those prefaces to her sentences, what she’s saying is ‘none of this is really true to me,’” said Moore.

Moore says Knox was interrogated over 10 hours, using tactics just short of waterboarding and was bullied into telling police what they wanted to hear.

“Two new detectives would come in every hour. Three in the morning, four in the morning, five in the morning. And what they were trying to do is not get information. They were trying to break her,” said Moore.

Amanda Knox took the stand for two days in June to try to explain why she fingered Patrick Lumumba for Meredith’s murder. She was not under oath, so she could say what she wanted, and by prior agreement broad areas were kept off-limits to prosecution cross-examination.

Other than the puppylike Steve Moore, who amazingly seems to have never encountered a perp who lied on the stand, Amanda Knox appears to have failed to convince just about everyone. See our posts at the time by Fiori here and by Nicki here.

If Steve Moore still foolishly refuses to read (or even acknowledge) the very precise, very damning Massei Report, perhaps he could at minimum read Amanda Knox’s various alibis and also Raffaele Sollecito’s various alibis both nicely summarized by the Machine.

They provide the context to the claims Amanda Knox made on the stand. 

These and passages in the Massei Report (summaries and analyses of which we are about to start posting) make it obvious what led to what Steve Moore calls Amanda Knox’s “confession” in which she actually fingered Patrick Lumumba and actually claimed to be an accidental bystander (that is a confession?!).

At the first, relatively brief, session with and investigator on the night (she was then not even a witness, and no lawyers or prosecutors needed to be present) Amanda Knox was ONLY helping to build a list of suspects.

In his own interrogation Raffaele Sollecito had been confronted with evidence of mobile-phone traffic that showed that he had been lying. He then switched to his own alibi number two, which meant that for a period of time Amanda Knox had no alibi or explanation whatever. (Mignini has said he thinks she came very close to confessing.)

When she was then shown the numbers she had recently dialed on her own mobile phone, they included Patrick Lumumba’s number there.

And in the blink of an eye, Amanda Knox made him the chief suspect, kept repeating this for hours, and didn’t retract this, except to her mom, for the entire time Patrick was kept in custody.

No wonder Knox needed to make things up in her testimony on the stand in June.

Neither of Knox’s lawyers have ever supported those claims of breaking down under fierce interrogation, or of rough treatment. She had lawyers present at her only real interrogation - one she herself had asked for - by Dr Mignini on 17 December 2007.

No official complaint of pressure was ever lodged. And at the trial a number of police witnesses confirmed that Knox was actually very well treated.

And for making claims about the interrogators very similar to Steve Moore’s, both Amanda Knox AND her two parents Curt Knox and Edda Mellas were charged, and these trials will be coming up soon.

Guede’s lawyer said Steve Moore could be charged with slander if he visits Italy, the Perugia police and prosecutors have not yet said they will arrest him, and who knows? They may even be tickled to meet him.

2. The KVAL Report

In this KVAL interview Steve Moore seems totally unaware that all the DNA analysis WAS DONE IN ROME! It was collected and analyzed by THE ITALIAN COUNTERPART OF THE FBI who are rated among Europe’s best.

Good grief. He doesn’t even seem to know who he is accusing.

In this video, he kinda reminds us of an actor in one of those comedy movies who just knows that the great scam is falling through. He says he had some good laughs with Amanda’s family.

No doubt at the expense of the victim, Meredith Kercher, whose name he pretty well always forgets.

Saturday, September 11, 2010

The Ultimate Immorality And Intense Hurt Of Blaming A Victim

Posted by Emma

Recent comments on boards frequented by supporters of Amanda Knox have taken an ugly turn. In desperation some have started playing the lowest game of all - the “˜Blame the Victim’ game. Not content with championing the murderers of Meredith Kercher, they now seek to denigrate the real victim of this crime after her death. Comments made about how she “˜messed up’, about how she must have let Rudy in to the house and, unbelievably, even about her family’s accent, have shown the real class of the Friends of Amanda, clearly frustrated at the recent publication of the damning Massei report. It cannot be emphasised enough what a powerful impact the Massei Report has had on public opinion. Meticulously translated over many weeks by a group of professionals at the Perugia Murder File, the Report has shown up the lies being propagated by Amanda’s out of control supporters. A number of previous innocenti journalists have privately admitted to now believing in the guilt of Amanda and Raffaele having read the report, distribution of which via all channels is more than 7,000 and continuing. The word is spreading; the evidence is overwhelming. All that is left now for the FOA is the empty rhetoric and tired arguments which have been repeated over and over. The desperation is showing in the latest outing of the hopelessly ill-informed ex-FBI “˜expert’, Steve Moore, who seems to be following a different case altogether. In his recent ABC interview he was not even able to name the victim, preferring instead to call her “˜the girl’.

But let’s consider the morality of those who post against Meredith in support of Amanda Knox. These are people who are not beneath smearing the memory and good name of a young girl who was brutally murdered. How did Meredith “˜mess up’? How is it that she, or any victim, can be said to be “˜responsible’ for what happened to them? All the evidence suggests that Meredith merely wanted to return home for study that night, prior to her lecture the following morning. She borrowed a book that she promised to return to her friend the next day. She was tired, having been up into the small hours having fun at a Halloween Party. She wanted a quiet night in. But if she had let Rudy into the house, invited him in, shared a drink with him? How does this show her having “˜messed up’? How would she be to blame in any way for what happened to her? The answer, as any card-carrying member of the human race will testify, is that she would not.

Victims are a favourite target for some. They “˜must have’ invited the attention”¦if they hadn’t been walking home in the dark alone”¦on and on. The fact is that Meredith was wholly innocent. She made no mistakes, she lived a good life. She was kind, warm, funny, studious, with a firm sense of her own moral boundaries and many good friends who were left devastated by her death. Recent comments about how she couldn’t have screamed, and she didn’t fight are deeply offensive. During a violent assault it is common for victims to freeze entirely. Perhaps it is a biological protective mechanism, as often seen in animals who sense overwhelming danger. Maybe it is simply the logical response to a situation where one is simply unable to fight back. Being physically restrained by another human being, and realising there is absolutely nothing you can do is an emotionally overwhelming experience. The brain is “˜flooded’ with sensations of terror and horror, which it is impossible to process at speed. Victims speak of an almost near death sensation, of “˜leaving their bodies’ and escaping into their mind during an attack. The instinct for many is to submit, in the hope that the pain will be over soon, that it is their best chance of survival. Often this leads to feelings of deep shame and guilt if the victim survives the assault. Blaming themselves for their “˜weakness’ in not fighting back deepens already severe mental scars. Perpetrators also use the victim’s inability to fight back as a form of defence “˜I had no idea!’ etc. This is why the victim blame game is so harmful. In order for justice to be done, and civilised society maintained, there must be a supportive climate for victims. Otherwise crime will not be reported and violent criminals will walk free, endangering everyone.

For a man to subject a woman to a violent assault is the most cowardly of acts, as the woman has no ability to fight back. For three individuals to attack a woman is utterly repugnant, particularly when one is a woman herself. The evidence is that Meredith screamed. The evidence is that she was unable to fight because she had her arms held behind her back while she was beaten and stabbed, for the amusement of others. Terrified and confused she must have felt a deep sense of betrayal and incomprehension as this attack escalated. Make no mistake, Meredith suffered in a way that is almost too distressing to contemplate. But to truly put ourselves in the position of the victim - the real victim - then we should perhaps, in a strong moment, make ourselves go there. It is only then that we can truly accept the full horror of this crime, and that the sentence handed down to the three convicted murderers is the only correct response of a moral society.

After the reporting of a crime it is essential that no blame be apportioned to victims, already struggling to recover from the trauma of assault. Suggesting that victims of violent crime are “˜to blame’, that they “˜messed up’, can only deepen the mental anguish they are feeling. In the case of a murder victim such comments cause untold distress to their shattered relatives. It is a cruelty of the highest order. A second assault.

What sort of person would blame Meredith for what happened to her? You be the judge.

Thursday, September 09, 2010

Conspiracy Theorists Follow A Well Known Pattern - They ALL End Up Out Of Steam And Ignored

Posted by Stilicho

[above: conspiracy theorists don’t want you to believe that is an aircraft]

Conspiracy Theories And Those That Surround Meredith’s Murder:

What do the Apollo moon landings, the JFK assassination, the 9/11 attacks, and Meredith Kercher’s murder all have in common? 

They have each attracted the vigorous cult-like attention of conspiracy theorists.  Despite the cold hard fact that in each case there has been ample documentation to support what might best be called the official story. 

We know from independent and highly credible and very respected sources that the Apollo missions were successful, that a lone gunman shot and killed the US president in Dallas, that a terrorist group was responsible for hijacking of four aircraft, that the World Trade Center complex was destroyed by the subsequent fires..

And that Knox, Sollecito and Guede attacked and killed Meredith in her rented room in Perugia on the first of November in 2007.

Among the dozens of similarities between the Meredith case conspiracy theorists and others, we will focus on those made most apparent by the words and actions of those advocating for Knox and (occasionally) Sollecito.

A Commonality: Lack Of Any Coherent Alternate Narrative:

The court was obliged to create a logical narrative supported by the evidence.  That narrative, briefly, states that Knox and Sollecito encountered Guede after they found they had no obligations that evening, consumed drugs that lowered their inhibitions, and entered Meredith’s room. 

What followed was a sexual assault upon the young British woman, the active participation of each of the three accused, Meredith’s attempts to scream for help, and the silencing of the victim by covering her mouth, throttling her and finally stabbing her in the throat.  The three assailants then departed after locking Meredith’s bedroom door. 

Her mobile phones and keys were taken by Knox and Sollecito to be discarded in a remote location. Once it was apparent that the authorities had not responded to Meredith’s screams, Knox and Sollecito returned to the cottage to stage a break-in and to obscure as much evidence of their presence as was possible.

Those advocating for Knox and Sollecito have never supplied a coherent narrative to refute the official story.

Similarly, 9/11 truthers have never been able to agree on much apart from their strident belief that the official story simply must be wrong.  Various hypotheses have been advanced and withdrawn in the face of objections by scientists, engineers, and even rival truther factions. 

There is a no-planer faction that argues there were no planes hijacked and that all the video and film evidence was created in a government production studio.  There is a controlled demolition faction that argues government agents secretly wired unknown explosive devices in one of the busiest office buildings in the world while nobody noticed.  There are others who believe the leaseholder of the site ordered the demolition because of concerns about asbestos replacement.

When asked how Guede gained entry to the cottage, conspiracy theorists promote three main theories without selecting the one they all agree upon. 

They argue that Guede entered through Filomena’s window OR that Meredith let him in the house herself OR that he entered by unknown means and was there before she returned home at roughly 21:00.

Because conspiracy theorists are not constrained by the requirement for a logical narrative they will pick any of the three available and contradictory claims.

A Commonality: An Aversion To Respecting Good Science:

The Apollo moon landing hoaxes have a lot in common with the advocacy sites proclaiming the innocence of Knox and Sollecito. 

Apart from the development of the atomic bomb, there has likely been no human technological achievement so intensively documented as the Apollo programme.

Among the many claims of the conspiracists is the position that late-Sixties technology and instrumentation was insufficient or too bulky to allow the moon landings to take place.  They compare the size and power of 21st century computing hardware and software with that of 1969 and make their conclusions based on a perceived inadequacy of the previous era’s equipment.

In Meredith’s case there are several advocacy sites that criticise the scientific police on exactly the same basis. 

The techniques employed by (mainly) Dr Stefanoni, in determining the presence of Meredith’s DNA on a knife found in Sollecito’s drawer, are attacked partly because the equipment had not been used this way before. 

Just to be sure of their position, however, they add confidently that she simply could have faked the results or kept her tweezers in a beaker of Meredith’s DNA accidentally left in the laboratory.  It matters little to the unscientific mind of the conspiracy theorist that Stefanoni’s techniques were fully documented and observed by an independent party as required by law.

A Commonality: Lack Of A Credible Alternate Suspect:

Wrongful convictions happen.  There are dozens of them documented on a site operated by The Innocence Project, an American advocacy group.  Its banner proudly proclaims that 258 convictions had been overturned. 

The foundation seizes upon several important facets of wrongful convictions including DNA evidence and improper defence counselling. In almost all the 258 cases there is another common feature:  a credible alternate suspect.

JFK conspiracy theorists have never been able to establish a credible alternate suspect - and neither have Knox/Sollecito advocates. 

The latter have not yet gone so far as to accuse the Mafia, Fidel Castro, the Teamsters Union, LBJ, Nixon, the CIA and a man carrying an umbrella in Dealey Plaza.  But their attempt to establish Guede as the sole perpetrator accomplishes the same thing. 

Just in case the ‘lone wolf’ doesn’t make any sense, they are not beyond implicating even Filomena, falsely claiming that it is only her word against that of Knox that Meredith did not normally lock her bedroom door.

There was only one attempt to identify an alternate suspect and that was made by Knox herself.  She told police investigators that Patrick, her boss, was the killer. 

She is one step ahead of those proclaiming her innocence; she knew better than they that without another explanation it is she and Sollecito who remained the prime suspects.  She also knows, more than her supporters, that naming Guede instead would invite reciprocation.

Conclusions About Conspiracy Theorists

As briefly illustrated above, the length and depth of those being falsely implicated by the mostly anonymous Knox/Sollecito conspiracy theorists, untethered by the 80,000 pound gorilla in the room, the Massei Report, now knows few bounds.

This has now reached such levels of absurdity that they are increasingly being laughed at or, for the most part, ignored.  Nobody - really nobody - in either the Italian or American governments is paying them even the slightest attention. 

Meredith’s case is showing to the clear-thinking and objective world that Italy has an enviable justice system, that it is very careful and very humane, and that its scientific and forensic techniques are among the vanguard in applied criminal research.

And with no obvious way of obtaining special gains for themselves (or for that matter of hitting back against the anonymous attacks) the very fine police and investigators and prosecutors and judges and juries in Italy are doing the very best they can for Meredith.

Wednesday, September 08, 2010

The Anne Bremner Case: Seattle Media Obtain Arrest Documents And A Video

Posted by Peter Quennell

This silent CCTV footage, released today, shows Anne Bremner being encouraged by King County police in the general direction of a breathalyser test.

Last Friday we posted on the plea and the sentence, but could not post most of the arrest document including quotes from Anne Bremner as it was heavily redacted by Bremner’s lawyers.

This redacting incensed the Seattle media as (1) otherwise she seemed to get off pretty lightly - she didn’t even lose her driver’s license - and (2) she started to deny that alcohol was the main source of her problems on the night of her arrest almost immediately after being sentenced. 

Now thankfully un-redacted again, the arrest records were released today, and in a good report Levi Pulkkinen of the Seattle PI posted almost all of what was actually said. Some excerpts:

On the night of her arrest for drunken driving, prominent Seattle attorney Anne Bremner told the sheriff’s deputy who arrested her June 4 that she was the “attorney for Seattle police,” that she was “famous,” and that this “will be bad for you guys,” according to a copy of the officer’s report.

“I represent Seattle police, you can’t arrest me,” Bremner told one of the officers who assisted with the investigation. “You can’t arrest me. I represent Seattle and King County, you are making a mistake.”...

In reports released Tuesday, a King County sheriff’s detective contradicts the findings of a defense investigator used to bolster Bremner’s previous claim, since abandoned, that she was the victim of a hit-and-run crash.

The sheriff’s detective concluded that damage to the tires and undercarriage of Bremner’s BMW were “consistent with a raised curb impact.” Dents to the right side and rear of the car could, the detective continued, were likely caused by the car striking stationary objects at low speed.

According to the copy of arresting officer Deputy Brandon Moen’s report, Bremner was stopped shortly after midnight on June 4 after the officer saw her BMW driving on a flat tire at slow speeds in the 8300 block of Northeast Bothell Way in Kenmore. The deputy noted that her eyes were watery and bloodshot, she slurred when she spoke and that he could smell the “overwhelmingly strong odor of intoxicants on her breath.”

She told the officer she was coming from a dinner party but could “provide no information on how the tire got flat,” according to the report. According to statements filed with the court, the party was attended by lawyers and judges.

The deputy asked if she knew where she was and she “just stared blankly.” When he asked a second time, she replied: “I’m not going to play games,” according to the report.

When he asked how much she had had to drink, she said “not much,” and that she just had wine with dinner. She told the deputy she called 9-1-1 for help with her tires but was ignored, according to the report….

The records provided Tuesday include two 9-1-1 calls to Seattle police from Bremner about her flat tire. In the calls, she is unable to tell the dispatcher what street she is on. In one call, what sounds like her tire slapping the road can be heard.

Through GPS, the 9-1-1 calls were traced to an area near Fairview Avenue East and Lakeview Bouelvard along Lake Union. About 40 minutes later, a citizen called 9-1-1 to report seeing a car driving on a flat tire on Lake City Way Northeast at Northeast 145th Street, according to an officer’s report. Fifteen minutes later, Bremner was stopped about three miles away….

Nowhere in either recording does Bremner report a hit-and-run crash or request medical assistance. Instead, the dispatcher provided her during both calls with the number for the American Automobile Association, a roadside assistance service….

After the deputy arrested Bremner, she was handcuffed and placed into his patrol car. When she was taken to the police station, Bremner at first said she couldn’t decide whether she wanted to take the Breathalyzer test. She then said she would make the decision on “her time,” according to the deputy’s report.

“I instructed Bremner how to provide breath samples,” the deputy stated. “However, Bremner blew into the tube for only a few seconds and then stopped.”

He said he told her again that she would need to blow for about 10 to 15 seconds. She again blew into the tube, but “not even coming close to satisfying the machine’s duration requirement.”

The deputy reported she appeared to be trying to stall the process, and during another attempt at administering the test, the deputy heard a “sucking-type sound,” like she was sucking on the tube or sticking her tongue into the mouthpiece, according to his report.

“It was clear at this point that after multiple attempts to get Bremner to provide breath samples, that she was not putting forth effort and was therefore effectively refusing the test,” according to the deputy’s report.

The deputy reported that Bremner called him a Nazi and the “creepiest officer” she’d ever met. She also threatened “I will sue your ass” and “it’ll be bad for you guys,” according to the report.

Tuesday, September 07, 2010

Steve Moore Is Baffling Informed Case Observers On Both Sides Of The Atlantic

Posted by Peter Quennell

We posted a week ago querying claims first made by Steve Moore to Seattle investigative reporter Linda Byron.

Now everybody seems to be doing it.

Our own well-informed posters have been going through the various claims made to Linda Byron and reporters on the morning shows in the light of the Micheli and Massei Sentencing Reports. They have apparently not yet encountered even one Moore claim that can credibly be considered legitimate.

The lone wolf theory Steve Moore is trying retroactively to espouse was first ridiculed by our poster Kermit in his much-viewed Spiderman Powerpoints late in 2008.

And then it was methodically demolished early in 2009 by Judge Micheli, and again by Judge Massei in his own report released in Italian last March.

Our legal and law enforcement supporters in New York and Washington who have long followed Meredith’s case are also scratching their heads over Moore’s claims.

Why did he fail to master the Massei Report (which all of them have now read - and admire) before so vehemently going live?

Several also question the professional ethics and legal wisdom of accusing THE ITALIAN COUNTERPARTS TO THE FBI without hard proof of having fabricated evidence to prove his case. 

And in Italy, there have been several sarcastic rebuttals.

The latest comes from Walter Biscotti as reported by Ann Wise for ABC.

Mr Biscotti is the effective lead lawyer for Rudy Guede - who, it should be noted, ended up with a sentence of only 16 years for acting smart and somewhat penitent, while Sollecito and Knox may eventually face up to thirty.

After former FBI agent Steve Moore came forward in the United States last week, appearing on ABC’s “Good Morning America” and other U.S. shows to defend Knox’s innocence, Italian newspapers picked up on the interviews with banner headlines.

“Amanda, new accusations from the U.S.,” read the leading daily Corriere della Sera Saturday. “A former FBI agent, who carried out a private investigation, tells American TV: ‘Rudy Guede is the murderer and evidence was manipulated to make her [Knox] look guilty,’” according to the subtitle.

That was too much for Walter Biscotti, a lawyer representing Rudy Guede, the third person—along with Knox and her former boyfriend, Raffaele Sollecito—convicted of murdering Meredith Kercher in Perugia, Italy, in November 2007.

An indignant Biscotti contacted ABC News in Rome today in response to the headlines.

First of all, he said, he wanted to speak in defense of the Italian judicial system.  “I think it is only right that I speak out in favor of the Italian justice system, of which I am a part,” Biscotti said, “and of the courts of Perugia in particular….

Biscotti took offense with statements made by Moore, a 25-year FBI veteran with international experience, implying that evidence was planted during the crime scene investigation.

“He said that investigators manipulated the evidence, an affirmation that would get you arrested in a minute, if you said it in Italy,” Biscotti told ABC News.

“It is a serious accusation against the Italian legal system and, as a man of the law, I cannot accept this,” Biscotti added…

Biscotti also took issue, as he has done repeatedly in the past three years, with attempts to put the blame for the murder solely on his client, Guede, whom, he says, he is defending pro bono.

He said lawyers for Knox and Sollecito told the media after every hearing in their year-long trial “there is no point holding this trial because these two are innocent, the only guilty person is Rudy,” and he criticized a list of U.S. legal experts who have spoken out about the case in the United States.

We know of not even ONE similarly qualified person who has READ the Massei Report and is not impressed and convinced by it.

Saturday, September 04, 2010

In The Seattle Media The Anne Bremner Case Continues To Reverberate

Posted by Peter Quennell

Maybe Anne Bremner should have quit talking while ahead. This thing continues to bounce around like a billiard ball.

1) Tim Haeck of Kiro Radio set out the terms of the sentence.

The 52-year-old attorney will do jail time and get five years probation but she keeps her driver’s license because she’s agreed to use an interlock device on her ignition. She’s required to blow into the device and the car will not start if she’s intoxicated.

Longtime DUI attorney Doug Cowan says Bremner’s sentence is normal for a first time offender. “That is the mandatory minimum sentence, the judge doesn’t have any discretion but to impose at least what was imposed in Bremner’s case. That’s what is typically given whether it’s after a trial or a person pleads guilty,” says Cowan…

Cowan says Bremner’s sentence is typical. She got a $5,000 fine, with all but $1,100 suspended. She’s on five years probation. She’ll attend an alcohol education class and listen to a panel of drunk driving victims.

2) In this radio interview first linked to by commenter Cath, which seemed to demonstrate a lot less class than her court statement, Anne Bremner seems to play down her alcohol level in favor of her bipolar disorder, and suggests that “in a perfect storm” the traffic officer may have wrongly reacted to a claimed very small alcohol intake.

3) Today Friday in a Seattle Times report by Sara Jean Green the King County cop presents a picture of someone who was severely alcohol-impaired when arrested rather than someone suffering a bipolar attack.

High-profile Seattle attorney Anne Bremner was belligerent during her arrest for drunken driving in June, calling the King County sheriff’s deputy a “Nazi” and the “creepiest cop” she’d ever met, according to a heavily redacted copy of the deputy’s report Bremner released Friday.

Deputy Brandon Moen wrote that he could smell an “overwhelmingly strong odor of intoxicants” coming from Bremner’s breath. As she was being driven to the King County Jail, Bremner, 52, threatened to sue Moen and called him a liar, the report says.

She began “hitting her head” on the plastic partition between the front and back seats in the police cruiser, apparently upset the deputy “wasn’t responding to her comments,” Moen wrote….

4) And also in Sara Jean Green’s report posted today, Anne Bremner and/or her legal team seem to be strongly backing down from a promised full release of the video and documents which the Seattle Times, Seattle PI, and two Seattle TV stations had requested the county courts to release - and presumably now could sue for. 

At the time of her guilty plea, her attorney Bill Bowman said Bremner would withdraw her legal challenge that sought to keep the documents from being released, and said records would be available by Friday.

But as of 4:30 p.m. Friday, Bremner’s case docket showed nothing had been filed with the state Court of Appeals to lift the stay that was keeping the records out of the public eye, according to King County sheriff’s spokesman, Sgt. John Urquhart.

Instead, Bremner sent The Seattle Times a redacted version of the deputy’s report, partial video footage and audio files of two 911 calls she had made before her arrest. Her name and other information was blacked out throughout the report.

If the stay had been lifted, the Sheriff’s Office was prepared to release at least three reports from different officers, an officer’s handwritten notes, a report from an investigator who examined Bremner’s car, at least two e-mails, police radio transmissions, Bremner’s 911 calls, a 911 call placed by another driver who observed her vehicle, and video footage from several areas in the Kenmore police precinct, Urquhart said.

Thursday, September 02, 2010

Anne Bremner’s Drunk Driving Mea Culpa: Now One For Meredith’s Friends And Especially Her Family?

Posted by Peter Quennell

Anne Bremner rather classily pleaded guilty today to drunk driving, in this King5 video above and this Seattle PI story.

The only victim in this incident, very fortunately, was Anne Bremner’s pride and self-image. No actual person got hurt.

Very different from the strident campaign she has run on TV and via her creation, the now-hapless Friends of Amanda. That misguided effort over two-plus years which misled so many and bred so much false hope caused a lot of real hurt in England and Italy.

The much-praised Massei sentencing report has now methodically shot down every one of her claims, and it shows how competent the investigation really was and how fair Amanda Knox’s trial and verdict.

There is pretty well zero chance of the verdict being overturned on appeal. Amanda Knox’s lawyers and Knox herself now seem to realize this.

How nice then if, while Anne Bremner is in an apologizing mood, she offers a similarly classy mea culpa to the Italian authorities. And to Meredith’s many friends, who have had a very tough two-plus years.

And especially to Meredith’s poor family.

Thursday, August 26, 2010

Is The Campaign That Ranted Against Italy For So Long Now Fearing An Italian-American Backlash?

Posted by Peter Quennell

This bizarre Seattle PI blog post suggests that the Knox PR campaign may now fear a major Italian-American backlash.

Really?!

Not exactly surprising, after first stirring up so much anti-Italy hate - remember “third world country” and “keystone cops” and “kangaroo court” and “saving face” and “anti Americanism” and “tabloid journalism” and on and on?

Not to mention “evil Mignini” hoodwinking everyone in Italy all the way up to the Supreme Court with “satanic conspiracies” that work easily in a “catholic country” implying everyone there is too prudish or simply not very bright?

When did they ever say anything about Italy that was actually nice? Or restrain their forces from being over-the-top nasty, as with the venom the white knights STILL direct toward Mr Mignini?

Really GOOD PR people seek to merely shade the truth.

They don’t ever build a campaign around a really big lie, because when the really big lie comes down, it really comes crashing down and ALL is lost. A result worse than if there had been no campaign at all.

Proof?  Read the many hard, angry and incisive comments right under that blog post. And we know that Italian Americans now are showing some sure signs of having had more than enough.

Not exactly a PR man’s dream. 

Added: Important Breaking News

We all already know that the US State Department up to and including Hillary Clinton not only finds the Knox campaign ludicrous and very unhelpful -  they also regard it as xenophobic.

Now the chief of staff of an Italian-American member of the US Congress in Washington DC (not, obviously, David Wu’s chief of staff) has sent us this request.

He would like to get every possible example of the sliming of Italy and the Italian officials on Meredith’s case, including the sliming of Giuliano Mignini.

Please could our readers email or post here below any examples you may know of? We may create a new TJMK page just for them.

This may factor into political races in November, and there may be a political motion in the US Congress to stop this vile anti-Italy campaign dead.

The Anne Bremner Case: The Seattle Times Posts A Tough No-Nonsense Editorial

Posted by Peter Quennell

The post directly below this brings the case up to date.

The Seattle Times has been taking a strong principled stand in its court motions and in its reporting. Now this strong editorial indicates that the Seattle Time stand is resonating with the vast majority of Seattlites.

They presumably want to see Anne Bremner treated precisely as they would be in a like case. And their kids safe and out of harm’s way from any drunk drivers.

Respect the state’s open-records laws in DUI case of Seattle attorney

Do not allow creative arguments employed to evade the state’s public-disclosure law, in a case of suspected drunken driving, be used to compromise its intent.

Creative, aggressive lawyering intended to deny access to public records is an insult to citizens who have made open records and open government a priority in Washington.

Seattle attorney Anne Bremner, 52, is inventing arguments to stifle release of a deputy’s report describing her June arrest on suspicion of drunken driving.

However mortified she might be by the events of early June 4, personal embarrassment is not an exemption under the state Public Disclosure Act.

A King County Superior Court judge cleared the report, and selected law-enforcement videos, for release, but the decision was immediately appealed by Bremner’s lawyer to the state Court of Appeals in Seattle.

Another challenge is based on the apparently creative application of a King County District Court administrative rule procedure. Invocation of the rule comes out of the blue, especially for the King County Sheriff’s Office, which releases 17,000 case reports a year under state law and has never heard that argument used.

The Sheriff’s Office can withhold reports if release might compromise an investigation, but that is not a factor with Bremner.

Access to reports is couched in terms of release to the news media, but it fundamentally represents a conduit to the public and citizens with their own legal issues. Tamping down those rules serves no one, especially the philosophical and practical importance of transparency in government.

The court system showed an abundance of caution by shifting the judicial review to the Spokane appellate court, away from the professional and personal ties between the local bar and bench. The physical distance can be cut by teleconferencing, but an appropriate measure of detachment is maintained.

Release of the deputy’s report is routine and should be treated that way.

Rules and procedures are created for orderly, uniform application of justice, not to allow their exploitation to hide things from the public.