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.

Thursday, September 23, 2010

Entertainment Industry Buzz That Curt Knox And Edda Mellas Might Be Connected To Distasteful Movie

Posted by Peter Quennell

[joint images of Panetierre and Knox posted yesterday by Huffington Post]

We’ve heard buzz from a couple of sources in NYC that Amanda Knox’s parents might have had a hand in this Lifetime movie of Amanda Knox which is being raced into production.

One remarked that it was “informed speculation” and that some proof could be on its way to leaking out. Reports like this below in the Chicago Sun-Times that Hayden Panettiere has already visited Amanda Knox in Capanne Prison help to fuel the speculation. It seems very unlikely that she would have gained such access, if she did, without Knox’s parents assisting.

Former “Heroes’’ star Hayden Panettiere has visited Amanda Knox in prison in Italy - part of her preparation to play Knox in a TV movie.

Also fueling the speculation is the deafening silence of Amanda Knox’s family and friends in Seattle, in the face of the various Perugia lawyers’ very strong protests about the movie (see the post below) which we presume was genuine, and not simply blowing smoke in an orchestrated sort of way.

One problem with any movie that Curt Knox and Edda Mellas do not tightly control is the reports that are already out there (including in two of the books) of extreme family friction before and after the divorce - Amanda was not much more than a toddler at the time of the divorce.

Narcissistic sociopathy and narcissistic psychopathy, which psychologists have speculated Amanda might to some degree have (tests done on her in prison during the hearings were not released. but they helped sway a judge to not grant house arrest or bail), can apparently be triggered by early childhood trauma.

Another problem for Curt Knox and Edda Mellas if they do not control the film is the reports of Amanda’s quirky behavior over the years, which continued at the University of Washington and also in Perugia. It was most especially noticeable in the three days after Meredith’s murder, as her sentencing report points out, and again when she was on the witness stand in June 2009. And she has admitted to using drugs - in fact, she used that as a part of her defence.

And another problem is the sheer depraved cruelty of the crime, chillingly described in the Micheli and Massei Reports.

Filming is now said to start next month, although the point of that is not obvious if it is not to be aired before the second appeal, as the Perugia defence lawyers have said they will insist on. On how long that second appeal might take, our poster Cesare Beccaria points out that it could drag on for years.

Appeals should be faster, but not necessarily.  In Italy the problem would be in Cassazione (3rd instance on law) where they can send the trial back to appeal for even a small procedural error. The case could go back and forth from appeal to Cassazione for years. Only Cassazione can confirm the verdict.

Media reports on the movie have all seemed to us pretty cool toward it. They have included phrases such as “all 3 convicted for murder, sexual assault, and obstructing justice”, “killer”, “convicted murderer” and so on. Only one used the inaccurate term “accused”. 

Comments posted under online reports on the movie seem to have been very strongly pro-Meredith and her family, after the compelling outcry from her mother in London, and often strongly anti Amanda Knox, who seems to command almost no online sympathy or support any more.

None of Hayden Panettiere’s fans seem too thrilled. .In fact nobody who is a friend or fan of Hayden Panettiere seems to be speaking up to say this is a great career move for her, and at least some think she is being used - being duped - to misleadingly influence public opinion and maybe the court.

Finally, here is part of the description in Wikipedia of Lifetime Television which is certainly one of the most controversial cable TV channels in the United States for its incessant focus on one or other victim - which, in the case of the present film, may very well NOT be portrayed as poor Meredith.

Because of the obvious feminine slant to the network’s programming, Lifetime is often jokingly referred to as The Estrogen Channel, or “Wifetime” and many criticize the network’s over-reliance on formulaic made for TV movies, including the “women in jeopardy” or “woman scorned” theme common on films produced by the network, archived product which aired on the major networks in the 1980s and 1990s, and outside producers airing their work on the network.

Other comedy programs have satirized Lifetime’s sometimes sentimental programming. Family Guy once parodied their slogan, making it Lifetime: Television for Idiots, and in an episode had one of the main characters make a Lifetime-like film which oversimplified those themes, along with a film starring Valerie Bertinelli, called “Men are Terrible and Will Hurt You Because This is Lifetime”.

On August 27, 2009, A&E Television Networks, the owner of A&E Network, History and others, acquired Lifetime Entertainment Services. Though the channel is owned by another subsidiary company operated as a joint venture, Lifetime and its networks remain under the co-ownership of The Walt Disney Company and Hearst Corporation, though NBC Universal became partial owner of the Lifetime channels as well since NBCU already was a part owner of A&E Television Networks.

This movie REALLY should have been about the real victim Meredith, as her mother compellingly complained. THAT is normal Lifetime territory, not doing special pleading for her convicted killer. Hayden and writer Wendy Battles, please read up about Meredith, and see if you still feel the same way.

Read this post for example about what a super-high-achiever Meredith really was, and what a huge loss to the world her death is. And read the Massei Sentencing Report (link at top here) on how very, very cruel and depraved this crime against her really was.

[Below, second from left, is said to be Lifetime scriptwriter Wendy Battles]

Tuesday, September 21, 2010

Could Movie Depicting The Real Knox And The Real Meredith Be A PR And Defense Disaster?

Posted by Peter Quennell

Already one movie is in the works. That one will be based on Barbie Nadeau’s excellent little book Angel Face: The True Story of Student Killer Amanda Knox

That British movie is likely to stay pretty close to the truth, Meredith as the real angel, and Amanda as at least in some degree the scary opposite. Barbie Nadeau seems to be in no doubt that Amanda was fairly convicted, but she also seems to think maybe there were factors going back to Amanda’s childhood (as did Paul Russell and Graham Johnson in Darkness Descending) that could have kinda set Amanda up, and could have been prevented by parents who cared.

Now we have this new made-for-TV movie (post below) by the Lifetime cable channel (with Oxygen, it has the largest ratio of women viewers) which for now at least is starring the popular actress Hayden Panettiere.

In 2003 the beautiful South African actress Charlize Theron (images above) who had previously played super-cool and super-sexy roles, played the Florida serial killer Aileen Wuomos in the movie Monster. If anything, Charlize Theron played Aileen Wuomos as more scary than she really was - and Charlize Theron won an Oscar for the portrayal.   

Kathy Bates, Russell Crowe and Nicole Kidman also did very well playing roles strongly against type, along with quite a few others. An actor’s dream, to pull this one off.

Could Lifetime and Hayden Panettiere now have in mind a movie rather like Monster? Playing Amanda Knox as she really seems to be - only more-so?

This has already struck the Knox and Sollecito defense teams as not only possible but a real danger. One that could influence her first appeal late this November, and help to sink her second appeal late in 2011.

From today’s Italian Libero News website.

Lawyers for Amanda Knox and Rafael Sollecito announce a battle with the script of a film for television on the personal life and trial of the two young adults convicted in the first degree for the murder of Meredith Kercher.

Maria Del Grosso, a lawyer who works with the criminal lawyers Amanda Luciano Ghirga and Carlo Dalla Vedova, reached by telephone by Adnkronos, called the idea “at least inappropriate…. you can not think about making a film when the case is judicially still open…. when you remove all this tension, we can work better on the appeals.”

The same opinion was expressed by Luca Maori, Sollecito Raffaele’s defender with Ms Giulia Bongiorno, who said to AGI “I am absolutely opposed to a movie when the appeal process, expected to be long, has not yet even started.”

“It is unthinkable” added Giulia Bongiorno “to make a film when there is still an open case uncrystallized in truth. If the movie comes out before the end of the process of appeals, we will ask for its seizure,” said the lawyer.

Well, Amanda Knox’s parents and their PR manager David Marriott did want to push Amanda Knox out into the hard limelight, too sanitized to ever successfully pass the giggle test in the long run.

Now they and Knox’s (and Sollecito’s) long-suffering Perugia lawyers may be facing the first of a series of swings the other way.

Gullible, Callous, Or Simply Out For The Money? A Good Reporter Should Ask Her

Posted by The Editor

In fact, please ask actress Hayden Panettiere if she even knows the name of the victim? Does she even know that there WAS a victim?

Click above for the Daily Mail’s report. Meredith’s family are understandably deeply upset, and this decision to play an apparent charming psychopath convincingly convicted of a VERY cruel crime hardly bodes well for Panettiere’s career.

The family of murdered student Meredith Kercher yesterday criticised plans to turn her death into a Hollywood film. The movie will focus on Amanda Knox, the American student jailed for 26 years for the killing.

Actress Hayden Panettiere, best known as the cheerleader in the TV series Heroes, has been cast as “˜Foxy Knoxy’ in the film, called The Amanda Knox Story, which is due for release next year.

The Kerchers’ lawyer Francesco Maresca said the family was unhappy that a Hollywood version of the 2007 murder is being made.  He said: “˜It is inopportune as the trial is still on going with two further appeals.’

Miss Kercher’s mother Arline said it was insulting for the film to be named after her daughter’s killer. She said: “˜I don’t see how they can make a film called The Amanda Knox Story when the story is really all about my daughter. It’s all very odd.’ A spokesman for the Knox family said they had no knowledge of the film, which is being aimed at a U.S. audience.

It will focus on events leading up to Miss Kercher’s death in November 2007 and the subsequent lengthy trial of Knox….

Producers of the film,which is being made for TV, said the Foxy Knoxy story was perfect movie material as it featured an “˜all-American’ girl at the centre of a murder involving sex and drugs.

The script for the Lifetime channel in the U.S. is being written by Wendy Battles, who has penned episodes of CSI New York and the crime show Law and Order.

The 21-year-old is one of the most sought-after young actresses in Hollywood.

An all-American girl? How much do they really know about her? Drug habits and all?  Readers can discuss with fans and Hayden Panettiere’s managers on her forum on the popular and influential IMDB board.

At least one gushing fan there simply can’t wait for the movie.

Monday, September 20, 2010

Explaining The Massei Report:  All Judges, Lawyers And Witnesses At Trial Jan-Dec 2009

Posted by Storm Roberts

[Above: Dr Giancarlo Massei, the president of the Court]

Our intention with this new series of posts is to show how thorough the trial was, and how compelling the Massei Report on the grounds for the Knox-Sollecito sentence is. 

At the beginning of the trial, the witness counts were considerable: approximately 90 for the prosecution, 60 for the civil plaintiffs, 90 for the defence of Raffaele Sollecito, and 65 for the defence of Amanda Knox.

However, a large number of witnesses for both Amanda Knox and for Raffaele Sollecito were removed from the witness listing. Thus the actual number of people testifying was lower than originally expected. 

Here is a comprehensive list I have compiled, made by going through the Massei Report, picking out the witnesses, and noting what they testified about. If I had the information available, I have noted where a witness was specifically called by the defence of either of the then defendants.

Officers Of The Court

• Judges:  Dr Beatrice Cristiani and Dr Giancarlo Massei, the president of the Court.
• Prosecutors: Public Ministers Dr Manuela Comodi and Dr Giuliano Mignini.
• Interpreter for Amanda Knox:  Dr Anna Baldelli Fronticelli.

[above: the two prosecutors]

The Legal Teams:

• For the family of Meredith Kercher:  Francesco Maresca and Serena Perna.
• For Diya “Patrick” Lumumba: Carlo Pacelli.
• For Aldalia Tattanelli (the owner of the house): Letizia Magnini.
• For Amanda Knox:  Luciano Ghirga and Carlo Dalla Vedova.
• For Raffaele Sollecito: Giulia Bongiorno, Daniela Rocchi and Luca Maori.

[above: Amanda Knox’s legal team]

Witnesses

The following is a list of witnesses and a brief note as to the evidence they presented. I am not detailing their arguments here, merely indicating the areas the witnesses were heard in.  For full details of the evidence and the court’s arguments please read the Massei Report in full and the summaries coming up.

• Amanda Knoxtestified while not under oath at the request of her defence and the legal team representing Diya Lumumba.  Her testimony was heard on 12th and 13th June 2009. Raffele Sollecito made a couple of interventions from his seat beside his three lawyers, but he did not get up on the stand.
• Mrs. Elisabetta Lana and her son, Alessandro Biscarini.  They discovered two mobile phones, both belonging to Meredith Kercher (one was registered to Filomena Romanelli, Meredith’s flatmate), in their garden at Via Sperandio.
• Dr. Filippo Bartolozzi - at the time Manager of the Department of Communications Police for Umbria - Dr. Bartolozzi received the mobile phones from Mrs Lana, the first at approximately 11.45 to 12.00hrs on 2nd November 2007, the second at approximately 12.15 to 12.20 hrs.  He traced the first phone to Filomena Romanelli and, at noon, despatched two officers to her address to investigate why her phone was in Mrs. Lana’s garden.
• Inspector Michele Battistelli and Assistant Fabio Marzi - the two officers despatched by Dr. Bartolozzi.  They arrived at 7 Via della Pergola at a little after 12.30 hrs - they found Amanda Knox and Raffaele Sollecito sitting outside the house.  They gave evidence about the circumstances leading up to the discovery of Meredith’s body and with regards to securing the scene whilst awaiting the Carabinieri and Scientific Police.
• Filomena Romanelli who was Meredith’s flatmate gave evidence regarding the phone she had lent to Meredith.  She also detailed when she had moved into the flat at 7 Via della Pergola and the living arrangements.  She told of her plans for the 2nd November and how a worrying phone call from Amanda Knox led to her calling her back and returning to her home earlier than planned.  A key point of Ms. Romanelli’s evidence was her disagreement with Amanda Knox over when Meredith locked her door - Ms. Romanelli stated that Meredith had only once locked her door and that was when she had returned to England for a few days.
• Paola Grande, Marco Zaroli and Luca Altieri - the other young people who were at the property when Meredith’s body was discovered.  Mr. Altieri broke down the door to Meredith’s room.
• Laura Mezzetti - the fourth flatmate in the upstairs flat at number 7 Via della Pergola.  She testified with regards to the living arrangements and also that Amanda Knox is an early riser, a “morning person”.
• Robyn Butterworth, Amy Frost, Sophie Purton and Nathalie Hayward - Meredith’s friends from England.  They testified as to when they last saw Meredith and described the behaviour of Amanda Knox and Raffaele Sollecito at the Police Station in the evening of 2nd November 2007.  They also testified that Meredith had no plans after returning home at around 21.00 hrs on 1st November other than to study and have a rest as they had been out late the previous night and believed that they had classes the next day.  Meredith’s friends did not know of Rudy Guede and had not heard Meredith mention his name.
• Giacomo Silenzi, one of the young men living in the flat underneath Meredith’s flat.  He was Meredith’s boyfriend.
• Stafano Bonassi, Marco Marzan and Riccardo Luciani the other tenants of the downstairs flat.  Along with Mr. Silenzi they testified as to the the interactions between themselves and the girls upstairs, the gatherings they held, the fact that Rudy Guede was known to Amanda Knox.  They testified as to Rudy Guede’s actions at their house.  They gave evidence of having met or known of Raffaele Sollecito and his relationship with Amanda Knox.
• Giorgio Cocciaretto a friend of the young men in the downstairs flat testified with regards to knowing Rudy Guede through playing basketball and having seen him at the 7 Via della Pergola house when both Meredith and Amanda Knox were present.
• Rudy Guede availed himself of his right not to participate in the trial of Amanda Knox and Rafaelle Sollecito.  Judge Massei details Rudy Guede’s involvement based upon the evidence available in order to complete the reconstruction of events of 2nd November as he was charged alongside Amanda Knox and Raffaele Sollecito.
• Marta Fernandez Nieto and Caroline Espinilla Martin - two young ladies living in the flat above Rudy Guede, they testified than on the night of 31st October they had been in the presence of Rudy Guede and that the only girl they saw him dance with was a “blonde girl with long smooth hair”.
• Gioia Brocci from the Questura of Perugia who testified with regards to a trail of shoe prints leading from Meredith’s room to the exit of the flat getting fainter as they went.  Ms. Brocci also testified as to the lack of signs of climbing on the wall below Filomena Romanelli’s window.  She also collected evidence from the bathroom next to Meredith’s room.
• Sergeant Francesco Pasquale testified as to the possibility of breaking into the flat though the window in Filomena Romanelli’s room.  Sergeant Pasquale was a consultant for the defence.
• Maria Antonietta Salvadori Del Prato Titone, Paolo Brocchi, Matteo Palazzoli and Cristian Tramontano testified with regards to previous incidents involving or possibly involving Rudy Guede.
• Edda Mellas , Amanda Knox’s mother.  She testified as to communications with her daughter on the 2nd November amongst other things.
• Antonella Negri a teacher at the University who taught Amanda Knox and who testified as to her diligence as a student.
• Francesco Sollecito, father of Raffaele Sollecito.  He testified as to his son’s character and about his communications with his son.  He also spoke of his son’s relationship with Amanda Knox.
• Antonio Galizia, Carabinieri station commander in Giovinazzo, the Sollecito family’s home town.  He testified that in September 2003 Raffaele Sollecito was found in possession of hashish.
• Jovana Popovic testified as to the presence of Amanda Knox at Raffaele Sollecito’s home at two points in time on the evening of 1st November 2007.
• Diya “Patrick” Lumumba was Amanda Knox’s employer at “Chic”.  He testified that he has sent her a text message excusing her from work on the evening of 1st November.
• Rita Ficcara Chief Inspector of the State Police - to whom Amanda Knox delivered a written statement composed whilst she was awaiting to be transferred to Capanne Prison.
• Antonio Curatolo - Mr. Curatolo testified as to having seen Amanda Knox and Raffaele Sollecito at the basketball court in front of the University (the Piazza Grimana) in the evening of 1st November 2007.
• Maurizio Rosignoli - who runs a kiosk in the Piazza - testified with regards to the timing of buses at the Piazza Grimana thus corroborating times in Mr. Curatolo’s evidence.
• Alessia Ceccarelli - who worked managing Mr. Rosignoli’s kiosk - gave evidence as to Mr. Curatolo’s presence in the Piazza.
• Marco Quintavalle, who runs the shop “Margherita Conad”, testified he had seen Amanda Knox at 07.45 hrs on 2nd November, she was waiting for him to open his shop, she went to the section of the store that had items such as groceries, toilet paper and cleaning products but he did not serve her at the till so could not specify what she bought if anything.  He testified that he knew Raffaele Sollecito as he was a regular customer.
• Officer Daniele Ceppitelli gave evidence with regards to the 112 calls made by Raffaele Sollecito at 12.51 and 12.54 hrs on 2nd November.  In these calls Raffaele Sollecito declared that nothing had been stolen from the flat.
• Nara Capezzali, Antonella Monacchia and Maria Ilaria Dramis gave evidence of unusual sounds and activity coming from the area around 7 Via della Pergola - namely a scream and the sound of running footsteps.

[one of Sollecito’s three lawyers with Sollecito]

Expert Witnesses

• Dr. Lalli, the Coroner, he performed the post mortem and ascertained the cause of death and a “time window” when death was likely to have occurred.  He put the time of death between 20.00 hrs on 1st November 2007 and 04.00 hrs the following day.
• Dr. Domenico Giacinto Profazio was head of the Perugia Flying Squad at the time of Meredith’s death.  He gave evidence regarding the investigative procedures and safeguards including the physical security of the property.
• Dr. Marco Chiacchiera, deputy director of the Perugia Flying Squad also gave evidence regarding the scene and investigation.
• Monica Napoleoni, Deputy Commissioner of the State Police gave evidence regarding the scene and investigation.  She also testified as to Raffaele Sollecito’s desire to remain with Amanda Knox.
• Mauri Bigini a chief inspect at the Flying Squad confirmed the evidence given by Profazio and Napoleoni.
• Armando Finzi a chief inspector at the Flying Squad gave evidence regarding the examination of Raffaele Sollecito’s flat and the collection of the knife which is now termed “the Double DNA Knife” (Exhibit 36).
• Stefano Gubbiotti and Zugarini Lorena confirmed the evidence regarding the search of Raffaele Sollecito’s flat.
• Dr. Giunta from the Scientific Police in Rome directed the detection of latent prints at the scene.
• Dr. Patrizia Stefanoni from the Scientific Police in Rome collected biological trace evidence for analysis.  She also performed the analysis of DNA evidence and testified extensively on all aspects of DNA - from the background science, through the collection and the testing methods employed to the analysis.
• Professor Mauro Marchionni, Dr. Vincenza Liviero and Professor Mauro Bacci, the three consultants appointed by the Public Ministers to analyse the forensic medical evidence testified as to various aspects of Dr. Lalli’s report including the cause of death, timing of death, the sexual assault and the wounds.  They reported on the degree of compatibility of the knife - Double DNA Knife, Exhibit 36 - with the wounds suffered.
• Professor Gianaristide Norelli, the consultant for the civil party, is a forensic police doctor. He testified with regards to the time and cause of death and the sexual assault against Meredith.  He testified as to the degree of compatibility of the Double DNA Knife with the wounds suffered.
• Professor Francesco Introna, a consultant appointed by Raffaele Sollecito’s defence testified with regards to the forensic medical evidence (cause and time of death, the sexual assault). His opinion is that the murder was committed by one person and that the Double DNA Knife was not the weapon used to inflict the large wound on the left of Meredith’s neck.  He hypothesised that Meredith was already undressing at the end of the day when she was surprised by her sole attacker who attacked from behind.
• Professor Carlo Torre, a consultant appointed by Amanda Knox’s defence testified with regards to the same areas as described above.  In his opinion the Double DNA knife was not the knife used to inflict the large wound on the left of Meredith’s neck.  He believed a stabbing from the front was the most likely dynamic, and he saw nothing that would lead him to believe there was more than one attacker.
• Professor Vinci, a consultant appointed by Raffaele Sollecito’s defence, he testified with regards to the stains on the bed sheet -which appeared to be made in blood, outlining a knife.  Professor Vinci also testified with regards to footprints found in the flat.
• Dr Patumi, a consultant appointed by the defence of Amanda Knox, testified with regards to the neck wounds suffered and also with regards to the genetic evidence as detailed by Dr. Stefanoni.
• Professor Anna Aprile, Professor Mario Cingolani and Professor Giancarlo Umani Ronchi, all independent consultants appointed by the judge (GIP) at the preliminary hearing. Professor Aprile testified specifically on the question of the sexual assault, Professors Cingolani and Umani Ronchi again considered the evidence with regards to the cause and time of death and the compatibility of the Double DNA Knife with the large wound on the left of Meredith’s neck.
• Dr. Torricelli, the consultant for Meredith Kercher’s family, testified and gave her opinion on the genetic evidence as detailed by Dr. Stefanoni.
• Dr. Sarah Gino, a consultant appointed by the defence of Amanda Knox, testified and gave her opinion on the genetic evidence as detailed by Dr. Stefanoni.
• Professor Tagliabracci, a consultant appointed by Raffaele Sollecito’s defence, testified and gave his opinion on the genetic evidence as detailed by Dr. Stefanoni.  He also gave evidence with regards to the effects of certain drugs.
• Marco Trotta, Claudio Trifici and Gregori Mirco officers of the Postal Police, gave evidence with regards to the seized computer equipment and also with regards to internet activity at the home of Raffaele Sollecito.
• Mr. Fabio Formenti, the technical consultant appointed by Raffaele Sollecito’s defence - observed the Postal Police’s analysis of the computer equipment.
• Dr Michele Gigli and Dr. Antonio D’Ambrosio, consultants appointed by Raffaele Sollecito’s defence, testified with regards to the computer and internet evidence.
• Chief Inspector Letterio Latella gave evidence with regards to mobile phones and how they pick up signals from base stations which cover certain areas, he also testified with regards to the call records of the mobile phones of the defendants, victim and others.  He detailed how a connection to the network was picked up by the base stations and how the location of the phone can be approximated through knowing which base station was used.  He was able to tell the court which connections to Meredith’s two phones were made from her own flat and which from Mrs. Lana’s garden.
• Assistant Stefano Sisani provided evidence with regards to both landline telephone services and mobile phone services.
• Bruno Pellero an engineer appointed by Raffaele Sollecito’s defence to give evidence with regards to telephonic communications.
• Dr. Lorenzo Rinaldi, Principal Technical Director of the State Police, director of the three sections which compose the Identity Division of the ERT, gave evidence regarding shoe prints and footprints (including those highlighted by the use of luminol.
• Chief Inspector Pietro Boemia, who worked alongside Dr. Rinaldi.
• Chief Inspector Claudio Ippolito a consultant who reported on shoe prints - appointed by the public minister.

[Background: the Judges and jury (lay judges) for the trial]>

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.

 

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.

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.