Sunday, April 10, 2011

Will Savive On Amanda Knox On The Witness Stand On The Morning of June 12 2009

Posted by Peter Quennell

Unlike Sollecito, who has exercised his right to silence, Amanda Knox had volunteered to take the stand. As we have seen, the Italian justice system has several differences from that of the United States Justice system. One of those differences is that in an Italian trial witnesses must swear to tell the truth. However, defendants do not.

Defendants can also interrupt the questioning at anytime or even choose not to answer certain questions, in theory of course, though in practice it would be a bad move (incriminating) if a defendant chose not to answer. One of Knox’s lawyers, Luciano Ghirga, told reporters a week earlier that Knox would be answering all of the prosecution’s questions.

Knox’s defense team, however, would offer-up objection after objection on even the simplest questions, and this came on the day that was scheduled just for defense questioning (aside from Patrick Lumumba’s lawyer). Every time Knox was caught in a contradiction, a fight would break-out between defense and prosecution. Knox’s vague answers along with her lawyer’s objections distracted lawyers and made it very hard for them to extract anything substantial out of her.

It was apparent early on that this was going to be a long drawn-out examination with nothing substantial provided toward her defense. Not only was Knox vague, but she seemed annoyed and not necessarily eager to tell her story; even using sarcasm on a few occasions and snapping at prosecutors. In the end, her testimony hurt her more than it helped her, because it did not help clear up her whereabouts at the time of the murder, and it lent to the notion that she was lying….

The schedule for the day was going to be questioning from her own defense team, along with questioning from Patrick Lumumba’s lawyer, Carlo Pacelli. Knox entered the courtroom with her hair tied back with a light-blue scrunchy, a white short sleeve collared top, pale trousers, and what appeared to be a large cold sore on her upper lip. She looked tired and pale as she took her seat, and looked around nervously as reporters jockeyed for position at the back of the courtroom.

The beginning of the session was held up a bit as Judge Massei discussed with lawyers whether to allow cameras in the courtroom. The final decision was to exclude cameras, allowing cameras to roll during only the first 20 minutes of Knox’s testimony. Questioning began with Carlo Pacelli, who would get the first crack at Knox as part of Lumumba’s civil lawsuit. Seated immediately to Knox’s left was a heavy-set, brunette interpreter. Knox understood most questions that were thrown at her and the interpreter mostly translated to the court what Knox was saying as opposed to what Knox was being asked by Italian litigators.

Mr. Pacelli started by asking Knox if she knew Rudy Guede. Knox admitted meeting Guede before the murder, claiming that she met him while she was mingling with the boys that lived in the apartment underneath her. Knox said that they were in the center, near the church, when the boys introduced her to Guede. On that occasion, Knox says that she spent most of her time with Meredith, as they all (including Guede) went back to the cottage and had a party on the first floor. This party apparently took place in mid-October of 2007, a little more than a month before the murder. Knox also admitted seeing Guede at Le Chic (Lumumba’s restaurant) at least once.

Knox said that at the party she and others smoked a “spinello” (“marijuana joint”). Pacelli then focused on Knox’s relationship with Lumumba. Knox testified that Lumumba never mistreated her, always treated her with respect, their relationship was good, and she was not scared of him. Mr. Pacelli then brought Knox back to the night of the murder, asking her if she knew what time it was when Lumumba sent her the first text message on 1 November 2007. Knox said “around 8:15-8:30p.m.”

When asked, “When you answered Patrick’s message, where were you?”

Knox replied, “In the apartment of Raffaele, I think, yes.” Pacelli indicated that Knox answered the message 25 minutes later from another location. “It seems from cell pings that you were out of the house when you answered, in the center. Where were you?” asked Pacelli. This question was met by a stream of objections and a heated discussion between defense and prosecution. When the dust cleared Knox stated that she was at Sollecito’s apartment when she responded to the message.

Knox had deleted all received text messages on her cell phone at some point after receiving the last message from Lumumba. Knox claimed that this was because she had limited space on her cell. When asked why she did not delete the text messages that she sent, she answered very sarcastically, “I’m not a technical genius, so I only know how to delete the ones that I receive when I get them.” Knox told the court that she didn’t have an appointment to meet Lumumba at the basketball court on the night of the murder.

When asked why she wrote in her statement to police that she met him at the court that night, Knox responded, “It was a complicated situation. I can explain it if you want me to go into it.” Knox then proceeded to explain her version of what occurred and why she wrote what she did in the spontaneous letter to police after her arrest. She proceeded to explain what she claimed was a long grueling interrogation where police began asking the same questions over and over.

Then, in a long, drawn-out, drab tone that only an American could understand (due to the prosodic “” rhythmic, intonational aspect of human speech “” nature of the tone), Knox said that they kept asking her questions such as “w-h-o k-i-l-l-e-d M-e-r-e-d-i-t-h,” that sounded as if she was down-playing the question, because she had heard it so many times. Knox began to show several glimpses into the bizarre behavior that was previously testified to by others.

Although it may sound trivial, the response was strange; and coupled with the multiple accounts her of odd behavior, it only added to the quandary. During this monologue, Knox stated that police called her a “stupid liar,” several times when she asserted that she had been at Sollecito’s flat all night. Knox then quoted her interpreter during the interrogation, claiming that she had said that Knox was “traumatized and couldn’t remember the truth.”

Knox then continued with her confusing explanation of what happened during her interrogation/arrest:

So what ended up happening was that they told me to try to remember what I apparently, according to them, had forgotten. Under the amount of pressure of everyone yelling at me, and having them tell me that they were going to put me in prison for protecting somebody, that I wasn’t protecting, that I couldn’t remember, I tried to imagine that in some way they must have had, it was very difficult, because when I was there, at a certain point, I just, I couldn’t understand why they were so sure that I was the one who knew everything.

And so, in my confusion, I started to imagine that maybe I was traumatized, like what they said. They continued to say that I had met somebody, and they continued to put so much emphasis on this message that I had received from Patrick, and so I almost was convinced that I had met him. But I was confused.

The next few questions were met with objections by Knox’s lawyer, Carlo Dalla Vedova, and banter between he, the judge, and Pacelli. More objections came when Pacelli asked Knox why she claimed to hear Meredith scream, with now several different lawyers arguing and trying to plead to the judge their reasons why the question should or should not be answered. The argument centered on what was and was not admissible according to the Supreme Court decision at the beginning of trial. Judge Massei then declared that they would take a short recess and he would consult with the lawyers in private on the matter.

When they returned, Judge Massei overruled the objections and stated that the question is permitted because it comes from Knox’s spontaneous statement, which was ruled as admissible during the first week of trial. Knox then switched to speaking Italian upon Judge Massei’s approval. Finally, Knox was able to answer the question, which she replied, “No,” I did not hear Meredith scream.

The following sequence occurred next:

Carlo Pacelli: In the interrogation of November 6, 2007, at 5:45, you declared that before she died, you heard Meredith scream. How could you know that Meredith screamed before she was killed? Who told you?

Knox: So when I was with the police, they asked if I heard Meredith’s scream. I said no. They said “But if you were there, how could you not hear her scream? If you were there?” I said “Look, I don’t know, maybe I had my ears covered.” So they said “Fine, we’ll write that down. Fine.”

Carlo Pacelli: [louder] But I can tell you that on November 6, the police did not know that Meredith screamed before she died, so why would they suggest it to you?

Knox: I imagine that maybe they were imagining how it might have been.

Knox asserted that police were not telling her what to say but suggesting paths of thought. “I kept following their suggestions,” Knox stated. “They asked me if I was in her room when she was killed. I said no. They said but where were you? I said I don’t know. They said, maybe you were in the kitchen. I said, fine.”

Knox testified that she went to the police station with Sollecito the night that they were arrested because she was scared and didn’t want to be alone. She verified that she was not called-into the station that night. Knox also confirmed that the spontaneous statement that she made was her idea, and not the result of pressure from police. Knox said that she asked for a piece of paper and a pen, and that she wrote it to explain her confusion to the police.

Knox then said several times that while at the police station after her arrest she “really wasn’t sure” what had happened on the night of Kercher’s murder. Knox told the court that she gave the written statement to the police freely, voluntarily, and that police did not suggest the content nor pressure her into writing the statement.

The following sequence occurred next:

Carlo Pacelli: Listen, in this memorandum, you say that you confirm the declarations you made the night before about what might have happened at your house with Patrick. Why did you freely and spontaneously confirm these declarations?

Knox: Because I was no longer sure what was my imagination and what was real. So I wanted to say that I was confused, and that I couldn’t know. But at the same time, I knew I had signed those declarations. So I wanted to say that I knew I had made those declarations, but I was confused and not sure.

Carlo Pacelli: But in fact, you were sure that Patrick was innocent?

Knox: No, I wasn’t sure.

Carlo Pacelli: Why?

Knox: Because I was confused! I imagined that it might have happened. I was confused.

Then the questioning turned to when Knox realized that Patrick Lumumba was innocent. Several fights and objections broke out over this line of questioning. The defense seemed to know that Pacelli was onto something and they were trying at all ends to block him or throw him off. Pacelli explained that in Knox’s 7 November 2007, memorandum, Knox wrote, “I didn’t lie when I said the murderer might be Patrick.”

However, Pacelli said that during a phone call with her mother on November 10th (three days later) Knox stated that she felt horrible because she (Knox) got him [Lumumba] put in prison and she knew he was innocent. Knox, then speaking like a politician, led Pacelli -and even the judge - around in circles; not giving a straight answer to the question: when did you inform police that Patrick Lumumba was not the killer?

Pacelli was trying to show that Knox had written that Lumumba was the killer on the 7th, told her mother that Lumumba was innocent on the 10th, but never informed the police at anytime after the 10th that Lumumba was innocent. He was subsequently released three weeks after his arrest, and at no time during the three weeks did Knox inform police that she falsely accused Lumumba. Knox’s final reply on the matter was, “I had explained the situation to my lawyers, and I had told them what I knew, which was that I didn’t know who the murderer was.”

So, Knox never really did answer the question why she never informed anyone - besides her mother on November 10th - that Patrick Lumumba was not the murderer. This was important because Pacelli already knew what Knox’s mother had told investigators about the call and what the basis of her testimony would be. Pacelli knew that her mother’s testimony was coming up the following week, and he wanted to get Amanda’s version on the record knowing that her mother would clarify and contradict - or at least not help - her (Amanda’s) story. Knox also revealed that she never actually said she was sorry to Patrick for her false accusations that put him behind bars for three weeks.

With that, Carlo Pacelli ended his questioning. Judge Massei then announced a break in the action and that the court would reconvene at 1:30p.m.

_______________

From The Study Abroad Murder by Will Savive


[Below: Falsely accused Patrick Lumumba and his lawyer Carlo Pacelli]

 

Friday, April 08, 2011

A Witness Icognito: Could Outnumbered Knox And Sollecito Defenses Be Forced To Resort To This?

Posted by Peter Quennell

Luciano Aviello is the so-called Camorrah Supersnitch from Naples. He has not been photographed in two decades.

When he testifies in court, he does so from behind a curtain, so that back in his cell he can sleep easier. Perhaps make that: can stay alive.

The beautiful scene below is of Alba, north of Genoa and south of Turin in northwest Italy, where Luciano Aviello may or may not be in the prison there. Nobody seems to know for sure.

We first described what is know of Luciano Aviello back here in June of last year, along with some excellent satire.

Aviello explosively emerged as a possible key defense witness - the US and UK media made a really huge deal out of this - when he claimed that his missing brother was the real murderer, along with two others.

And that Aviello knew where some evidence was hidden (not yet actually unearthed).

As with the hapless Mario Alessi, on whom we posted earlier this week, Luciano Aviello was interviewed not only by the defenses, but also by Prosecutor Mignini and Ms Comodi.

The Italian police also investigated his claims - and they did a surprise search of his prison cell. Nothing is known of what the police and prosecution found out, which makes Aviello something of a one-man minefield.

Even in the middle of last year, Luciano Aviello did not sound too credible.

Here now is an excellent new profile of Aviello and the credibility of snitches like him. It is by Mike La Sorte,  a professor emeritus at the State University of New York. Mr La Sorte includes this:

On November 1, 2007, in the Italian city of Perugia, Meredith Kercher was murdered. A trial was held and Amanda Knox was found guilty of the crime and imprisoned. At the time of the murder Luciano Aviello was out of prison and living in Perugia with his brother, Antonio. Returning to prison for extortion, Luciano from his cell in the Spring of 2010 came forward to announce that the true slayer of the victim was Antonio.

“Yes,” he declared, “it was my brother who killed Meredith during the commission of a break-in. I can produce the weapon of the crime and the keys to the house.” This generated international attention and got Avellino into the newspapers. His confession gave the defense the excuse to reopen the case to review the evidence. [Actually the mandatory appeal was already pending.]

Camorra expert Gigi di Fiore said of him: “Aviello is a strange person. He has had several contacts with the Anti-Mafia Commission and was judged to be less than truthful, a confused youth in search of publicity. He would want to exchange information for protection but had little to offer. His story is an emblematic event of no merit.”

Why could Luciano Aviello’s testimony on his claimed murderous brother (who presumably does know what he looks like) really, really matter to the besieged Knox and Sollecito defenses if it is believed? 

These are the reasons:

1) The Supreme Court of Cassation has already accepted that overwhelming evidence proves THREE people - Guede and two others - all attacked Meredith.

2) There are literally hundreds of evidence points pointing to Rudy Guede and Amanda Knox and Raffaele Sollecito - in fact MORE point to Knox and Sollecito.

3) Despite the absurd claims of the dispirited conspiracy panel at Seattle University Monday night, not one evidence point - NOT ONE -  points to anyone else.

The defense lawyers actually get along well with Mr Mignini, and they know that the justice professionals have really done an okay job. They have never once claimed that any evidence was fabricated, or that investigators made things up, or beat or starved Amanda Knox, or performed any other criminal act. They seriously need to finger other perps.

So. Look forward to welcoming the colorful if invisible Mr Aviello. We sure do look forward to seeing you.  Or not, as the case may be.

Thursday, April 07, 2011

Sollecito Family Trial: On The Component About Their Alleged Attempt At Political Interference

Posted by Jools

Almost nothing is showing up in the English language media on the court case Raffaele Solecito’s family are facing for allegedly trying to throw the murder investigation.

In the Italian media (as so often in this case) the reporting on this is franker, fuller, and on the whole way more honest. I previously posted articles that focussed mainly on the Telenorba TV video component of the trial.

This now is a translation of a June 2008 writeup of official wiretaps on a police association website of the political-influence component of the trial. The police association would be interested because it was some of their members allegedly being impugned. 

Perugia Flying Squad: other interceptions published.

The role of Carabinieri lieutenant, Vanessa Sollecito, becomes stronger from the latest interceptions published by the daily newspaper LIBERO”¦

THE TELEPHONE CALLS OF THE SOLLECITOS’ TO POLITICIANS FOR RAF

The relatives are accused of manipulating the investigation. The sister a lieutenant: “I break a finger and I move to the civilian personnel this is how I’ll get him out”

Murder in Perugia. This is the sister of Raffale Sollecito, the student from Giovinazzo charged with the murder of the young English girl Meredith Kercher, who in a telephone call to her father Francesco tells him that she is prepared to break a finger just to transition into a civilian role in the carabinieri and succeed like this to pursue an “illicit” scheme to get her little brother out of prison and help him to get out of this sh**”¦ country.

Vanessa Sollecito is 31 years old and she is a lieutenant of the Carabinieri armed forces in the Lazio Region. She too, like her father and the rest of the relatives (uncle/aunt, a brother in law, cousins, dad’s second wife), try to gain favors from well known “excellent” people in order to exonerate Raffy and to remove the “real culprits”. These (“real culprits”) would be the police officers that have placed him under investigation and the magistrates who don’t want to know about freeing him.

The Sollecito “clan” (this is how who’s investigating the murder of Via Della Pergola defines Raffaele’s family) is written in the logbook register on the occasion of a second line of police investigation on the murder of November 2 last. The alleged offences are: defamation, invasion of privacy, and publication of arbitrary acts of a criminal case.

The time is 18:20 hours March 3 last [2008] when Vanessa phones her father (a well-known cardiologist [sic] in Puglia) and announces: “I’ve met a man, he is from the penitentiary police who works at the Ministry of Justice. He says that a union leader has explained to him that there is one way for transitioning into the carabinieri civilian staff role, although it is not very legal. And that is for me to break a finger, if things were to go down badly for Raffy, in order to lose the (fit to serve) eligibility” and move to the authority in control of civil service roles.

Francesco Sollecito gets very angry. Not about his daughter breaking a finger, but because he knows that his phone is being intercepted, and screaming he says: “You mustn’t speak on this phone, it is intercepted.” And Vanessa says: “Yours might be intercepted, but not mine!”

Two weeks later, it’s the morning of March 17 - at 10:59, Vanessa tries to phone the “˜Idv’ party - Senator Domenico Formisano - in order to go to meet him. And conveys to her father “He is our friend. He asked me a favor for a young man who must stay in Rome. He’ll be in his office Wednesday at 12:30, I hope to please him so afterwards I make use of the favor owed and will help Raffaele. He is the number two to Di Pietro.”

It’s [a date in] May at 10:23 and aunt Sara Achille (wife of Francesco Sollecito’s brother, Giuseppe) says: “Listen Francesco, Senator Domenico Nania told me to call him to arrange for a meeting in Rome. You know, it’s always better to have a nice… And Sara wanted to involve in the affair even the honorable Renato Schifani.”

Three days before, at four in the afternoon, Vanessa also spoke to her father in a “sarcastic” tone: “That lot are still going to take the foot prints”¦ Colonel De Fulvio, who is the one from RiS, says that they are still at this point”¦ and he’s offered himself to meet up with lawyer Bongiorno in terms of friendship, to see the scientific police material”¦”

[Her father Francesco] Sollecito interrupts her: “About these things you must not speak on this telephone, THIS ONE IS BEING MONITORED! Call me later.”

Uncle Giuseppe Sollecito, on July 30, utters offensive phrases toward the magistrates in Perugia because they haven’t gone in-depth into investigating the trail of the junkie found covered in blood near the victim’s house the day of the murder… “and this is just on purpose to keep Raffaele in prison”. His brother Francesco responds: “I’ll skin them alive those… and they’ll hear from me as well.”

Raffaele’s stepmother Mara Papagni, puts her complete trust in lawyer Giulia Bongiorno: That one “Ms Thirtyballs” will fix everyone”¦ She knows how to behave on certain occasions.

The strategy of Sollecito’s relatives appears to be clear in other wiretappings: they want to put pressure on the judges of the Supreme Court of Cassation so that they’ll agree to accept the appeal presented by the defenders of the young man, they prefer that some investigators whom they regard as inconvenient be removed from the investigation.

In their targets above all are Commissioner Monica Napoleoni, head of the [Perugia] Homicide Section, and Giacinto Profazio, head of the Flying Squad. In their phone calls, the Sollecitos call them bastards, pigs, sons of whores. And they all agree: “We must find someone to intervene at any rate. As written in the logbooks: Its necessary to stop police from doing other vileness.”

The “clan” accuses them of falsifying evidence to frame Raffy. And for this reason they contact journalists and television networks to supply documents and images for broadcasting (such as those depicting the tortured body of poor Mez after the murder and aired by a local television in Puglia).

They wanted to demonstrate that the scientific police played dirty to frame Raffaele.  Now the Sollecitos’ and their respective wives are under investigation.

The Seattle University Panel: Some Of The Ways In Which Steve Moore Got His Analysis Wrong

Posted by James Raper

I have watched the clip of Steve Moore’s address at the University of Seattle seminar.

1.  Scenario of the crime

Steve Moore starts with the assertion that it is obvious what happened. Guede broke in via Filomena’s window and went to the loo.

Meredith comes home and is attacked, raped and murdered by him. Naturally he did not show a photo of Filomena’s window from outside the cottage. I wonder why?

Meredith came home at 9.30pm. She died some time after 11pm. Steve Moore does not elaborate as to what Guede was doing all the time in between. He sat on the loo for a long time and/or the sexual attack went on for a long time?  Both unlikely hypotheses.

2.  Concerning bleach

Then Steve Moore turns to what he states is “The Lie over the Bleach Cleaner”.

Whether or not the police/prosecution ever said that they thought bleach cleaner had been used is not clear to me.  Whether or not they had, it was not something that they continued to insist on. No one smelt bleach at the cottage on the 2nd November.

In any event Steve Moore has his own argument (which, to be fair, I did follow) to demonstrate from the pictures of the luminol traces that there could have been no bleach used as a cleaning agent.

“No bleach, no clean up!” The fact that one can wipe away relatively recent blood/bodily fluids without bleach escaped him. 

Having established that there was no bleach used he explains the luminol glow as being due to ..yes.. bleach!

3.  The luminol footprints

Drawing on his claimed considerable FBI experience (yet to be validated by anybody) he asserts that luminol reacts to bleach as strongly as blood.

Experienced forensic experts say that they can often tell the difference because the strength of a reaction all depends on the concentration in bleach ““ bleach which was not used in a clean up and which no one detected by sense of smell.

He then goes on to say that bleach is commonly used as a household cleaner. Yes, the main constituent of bleach is chlorine or chloride, commonly used, diluted with other ingredients, in some household cleaning fluids, though of course bleach can be bought as bleach.

Steve Moore says that Amanda Knox took a shower on the morning of the 2nd November, standing in the shower basin in diluted bleach (very diluted after a shower, one would think) and then traced that around, accounting for the luminol glow.

You do not have to be terribly clever to see that if that was the case then the luminol glow would not be all that bright due to the dilution. One can see from the photos that the glow was in fact very bright.

One also has to wonder why straight from the shower she stepped in Meredith’s invisible blood (in fact she says she scooted from the bathroom to her room on the bathmat) without the diluted bleach degrading Meredith’s DNA.

4.  Concerning TMB tests

Steve Moore asserts that Stefanoni lied about TMB tests. TMB is tetramethylbenzadine and it is used to establish whether a detected trace is blood or not.

The reactive process is the same as with luminol which has to be used to detect a trace in the first place. It is to do with the peroxadase-like activity of heme. The results look different however, TMB produces a change of colour whilst luminol produces a glow in the dark.

Steve Moore was initially appalled to think that Stefanoni did not use the TMB test on the luminol revealed traces, but then it was discovered that she had and the results were negative as to blood.

Conclusion : she lied about the TMB tests. Why?  According to Steve Moore because she knew the luminol test did not reveal blood. And was trying to conceal this fact.

I would be surprised if Steve Moore has read the trial records.  What does Massei say?  All I can find are the following:

Stefanoni did say that she could not be positive that what the luminol revealed was blood. Here I think that she was speaking very carefully as a scientist and leaving others to their conclusions. 

I do not see that she was specifically asked about TMB tests re luminol so I cannot comment on that.

However Massei quotes Amanda Knox’s expert, Dr Gino, in the following terms :

With respect to the luminol positive traces found in Romanelli’s room, in Knox’s room and in the corridor, she (Gino) states that by analysing the SLA cards “we learn, in contradiction to what was presented in the technical report deposited by the Scientific police, and also to what was said in court, that not only was the luminol test performed on these traces, but also the generic process for the presence of blood, using tetramethylbenzadine .. and this test “¦ gave a negative result.

On being asked as to why generic tests like luminol and TMB might produce different results:

She added that in her own experience, analyses performed with TMB on traces revealed by luminol give about even results : 50% negative, 50% positive.

I would have thought that Gino’s statement is statistically meaningless unless we assume that we are talking about blood traces revealed by luminol. 

So, in other words, the fact that the TMB tests were negative does not establish that the luminol-revealed trace was not blood.

From which I assume, since luminol and TMB have the same reactive process, that the prior luminol test takes precedence, be it that of course the trace might be vegetable or fruit juice, or bleach!- none of which, of course, are capable of producing a human DNA read out, whereas blood does.

Also I would have thought that if the reactive process is the same for both then the reactive process engendered by the luminol may not leave much for a subsequent TMB test ““ but then that’s just speculation.

I am no scientist, but then neither is Steve Moore really qualified to talk of the actual scientific process despite being in the FBI for 25 years ( he says). I think that the closest he gets to science is how to use an aerosol can.

5. Other claims

The following topics were also then discussed by Steve Moore : Bathroom photos, staged break in, murder weapon versus knife mark, and contamination. More of the same.

Wednesday, April 06, 2011

Harsh Language For Possible Defense Witness Mario Alessi From The Supreme Court Of Cassation

Posted by Peter Quennell

Mario Alessi is the jailhouse snitch who claims that Rudy Guede told him that Guede and two others murdered Meredith.

That if believed would leave Knox and Sollecito in the clear. But if the Knox and Sollecito defenses put him on the witness stand, it might destroy their appeal like a hand grenade.

Why? Well, the prosecution interviewed both Alessi and Guede in prison and they further investigated Alessi’s claims - and have never made those results public. Alessi’s own lawyer does not believe him and she has publicly urged him not to get on the stand to repeat his claims.

She presumably fears he might get slapped with perjury charges and end up spending even more years behind bars - he is already serving a life sentence at Parma Prison which normally means 30-plus years.

The Supreme Court has just issued a ruling on the appeal of Alessi’s wife wife Antonella Conserva. It says that as she was not present at Mario Alessi’s horrific killing of Baby Tommy when the baby would not stop crying, her 30 year sentence is not properly supported in law.

Her case is referred back to the Appeals Court in Bologne where the first-level appeal must be repeated. Meanwhile Alessi looks even more disreputable.

The other possible witness with an alternative theory is Luciano Aviello. But he has a well-established record of lying. 

More and more it is looking now like Amanda Knox and Raffaele Sollecito may be forced to take the witness stand in last-ditch efforts against their appeals totally failing and their getting awarded even tougher sentences.

Little else is going their way these day - the DNA review and and Mr Curatolo’s testimony are expected to still remain creditable, and even if they don’t they are only two drops in a large evidence bucket.

If either do take the stand (and if they don’t, much will be made of that, even though Italian law says it shouldn’t) Kermit’s cross-examination questions are waiting.

Tuesday, April 05, 2011

The Precise And Accurate Italian Wikipedia Article On Meredith’s Case, Now Translated Into English

Posted by Tom M and Skeptical Bystander

A recent post on TJMK by Gwaendar refers to Wikipedia and the current effort by the Fictitious Friends of Amanda to make her the focus of an article that has so far been devoted to the Murder of Meredith Kercher.

The Eclectic Chapbook blog often comments on the case. It has called this effort “tragically misguided and possibly somewhat demented,” describing it as an instance of “the Enchanted Glen Phenomenon, which is a psychological space wherein normal laws do not apply and all rules are magically suspended. “

We have now examined and translated the Italian Wikipedia article which was written in a space where the normal laws certainly are applied and no rules have been suspended. 

The main reporting and the voluminous records of the trial and the appeal are of course all in Italian, and Italians on the whole have a far better grasp of events and the legal context than do most observers in the US and the UK. Because there is so much source material, and so little misleading reporting, it would seem that If any Wikipedia in any language in the world is going to describe the case correctly, it will be the Italian one.

This translation below of most of the Italian Wikipedia article is not word-for-word, but it is intended to convey the substance of the Italian article as it would have been if originally written in English. 

The index, the sections on books and movie, and the citations were omitted.

The murder of Meredith Kercher, an English student in Italy enrolled in the Erasmus program at the University of Perugia, occurred during the night of November 1, 2007.  Meredith was found lifeless, with her throat cut, in her bedroom in the house she shared with other students in Perugia.  The cause of death was hemorrhage due to bleeding from a wound to the neck caused by a sharp object used as a weapon.

Two men and a woman were convicted as a result, of murder, sexual violence and theft.

Biography

Meredith Susanna Cara Kercher was born December 28, 1985 in Southwark, London, lived in Coulsdon, and was a student at the University of Leeds, where she was pursuing a degree in European Studies. She enrolled in the Erasmus program, and had arrived in Italy in September 2007 to complete her degree in European Studies.

Details and circumstances of the murder

Kercher was murdered at night between 1 and 2 November 2007, in the apartment she shared with three other young women, two Italian and an American, who were away that night. Based on the first examination of the autopsy, the pathologist who handled the case ruled that the death occurred between 22:00 and midnight on that day.

The following morning an elderly woman living near Via della Pergola where Meredith’s body was found, alarmed by the discovery of two abandoned mobile phones, called the police. From information obtained from one of two mobile phones the Postal Police of Perugia sent agents to the house of Meredith Kercher.  On their arrival the police found Amanda Knox (Seattle, USA, July 9, 1987), Meredith Kercher’s flatmate, and her Italian friend, Raffaele Sollecito (Giovinazzo, March 26, 1984), with whom she had recently started a relationship, outside the house.

The two young people said they were awaiting the arrival of the police; when asked why, they said they had found a window broken, the door open, and suspected a theft. Later, these claims were questioned by investigators, given that the Police Post arrived at the house on Via della Pergola at 12:35 and telephone calls to the Police were not made not until 12:51 and 12:54.  Entering, the Police found the bedroom of Meredith Kercher locked and decided to break down the door. Upon entering, they found a number of bloodstains, the room in disarray, and a foot sticking out from under the duvet which had covered the bed.

The Convicted:

The three convicted at the first stage are:

• Raffaele Sollecito, who was born in Giovinazzo (BA), a university student of 23 years at the time of the murder;
• Amanda Knox, a student originally from Seattle, U.S., 20, who had a relationship with Sollecito at the time of the crime;
• Rudy Hermann Guede, born December 26, 1986 in the Ivory Coast, was arrested in Germany on November 20 and extradited to Italy on December 6, 2007.  At his lawyers’ request, Guede received from the court at a preliminary hearing an order granting expedited trial.

Knox and Guede were detained in Capanne prison, a 20-minute drive from Perugia. Sollecito, after also being held in Capanne, was transferred in early 2008 to the Vocabolo Sabbione prison in Terni.

The case also, initially, erroneously involved Patrick Lumumba, owner of the restaurant where Amanda Knox worked; her statement placed him at the crime scene on the night of the crime. The charges were later proved unfounded and demonstrated the unreliability of Knox as a witness. Implicating the Congolese man was also an incorrect translation of a text message sent to him in English by Knox (‘see you later’, which rather than a generic “Ci vidiamo,” was translated literally as “we will see each other later”[“ci vidiamo dopo”].

Thus, police thought that the two had an appointment for the evening of the crime). Patrick Lumumba was ultimately released and all charges against him were dropped.  Following the unjust detention lasting 14 days, Lumumba was awarded € 8000 as compensation, but this was deemed inadequate by his lawyer, who threatened to sue.

The Sentences

Knox, Sollecito and Guede were sentenced respectively to 26, 25 and 16 years in prison. Rudi Hermann Guede opted for an abbreviated trial and his conviction for complicity in murder and sexual violence was made final by the Court of Cassation, First Criminal Division, on December 16, 2010. For the other two participants, the case is on appeal. The decisions reconstruct in detail the manner and circumstances of the murder, a motive defined “violent, sexual, erotic.”

The conviction in the first trial of Sollecito and Knox, issued by the Court of Assizes of Perugia, is based on numerous expert opinions, objective evidence and testimony.

According to the reconstruction regarding Knox and Sollecito, on the evening of November 1, 2007, they met in piazza Grimana, where they had occasionally met Guede, an acquaintance of Knox, who decided to join them for the evening. They decided to go to Knox’s house, to which her roommate Meredith Kercher, after an evening with her English friends, had just returned. Kercher’s bedroom door was presumably ajar, and upon entering the house the three defendants immediately noticed her presence.

Going directly to another part of the house, Knox and Sollecito made love.  Guede, shortly after, went to the bathroom, where he left organic residues in the water of the toilet, as found in the investigation. According to the reconstruction, Guede left the bathroom, probably excited by the sounds of Sollecito and Knox making love, noted again the door ajar at Kercher’s room, and decided to approach. Then he entered Kercher’s room; but after her refusal, he became violent, attempting to rape her.

Kercher’s cries led Knox and Sollecito to go to her room, where they joined Guede’s criminal action, finding it an “exciting situation.” While the Guede violated Kercher, Knox and Sollecito tried to immobilize her: to do this Sollecito and Knox wielded knives to threaten the victim. The analysis shows that the knife wounds by Sollecito were probably quite small, while Knox wielded a kitchen knife, later found, and on which were found genetic traces of her mixed with those of Kercher.

The situation then deteriorated, partly because of the screams and resistance of Kercher: Knox then, with the kitchen knife, struck the victim in the neck, causing fatal injuries. The three defendants, shortly after the murder, fled with Kercher’s phones, fearing that if someone called her and got no response, they would be suspicious and the crime would be discovered: the cell phone was ultimately found in an embankment a few hundred meters from Kercher’s house.

Then they headed in different directions: Guede to a nightclub, Knox and Sollecito to the latter’s flat. The next morning Knox and Sollecito tried to clean up the crime scene and clean up their tracks; then they broke a window in the house to stage a mock burglary, hoping to throw the investigation off course.

Guede’s Supposed Confession

In March 2010 rumors spread of an alleged confession by Rudy Guede. The facts are as follows: it seems that Guede had revealed his complicity, with a friend, in killing Kercher, to Mario Alessi, an inmate housed in the same prison, a character already known to police and media for the murder of little Tommaso Onofri, Guede had invited Kercher to go to a party, she refused, and subsequently the friend of Guede tried to rape her. According to Alessi, Guede tried to come to Kercher’s aid, and Guede’s friend rebuked him, saying that he should just strike the final blow to end the girl’s misery, which is what Guede did.

Then Guede and his friend met again by chance in a nightclub, and Guede’s friend gave him money to flee to Germany, where he was at the time of the extradition and return to Italy for arrest. This reconstruction, which would completely exonerate Knox and Sollecito, was found by investigators to be totally unfounded.

Monday, April 04, 2011

Today An Obsessional Group Rant About “No Evidence” By A Stacked Panel At Seattle University?!

Posted by Peter Quennell

Seattle University is a small Jesuit college just this side of Seattle’s downtown.

Today at 4:00 pm in the Pigott Auditorium, in what seems to us a seriously dopey and un-academic exercise, some of the most obsessed of the conspiracy theorists will assemble to peddle their illusions.

Two of the panelists, Paul Ciolino and Steve Moore, have been exhaustively debunked on TJMK in the past, and sooner or later we will probably turn our attention to debunking the other two: Mark Waterbury, and Candace Dempsey.

Our posts on the hotheaded faux detective Paul Ciolino are here, here, and here, and our posts on the hotheaded faux FBI murder investigator Steve Moore are here, here, here, and here.

The other two panelists, Mark Waterbury and Candace Dempsey, have authored slow-selling books which studiously ignore 95 percent of the evidence and mis-state the other 5 percent. Tom Wright of the Friends of Amanda Knox group will be presiding.

Would you like to attend, well-equipped with some questions? Ask these questions and these questions and these questions. Around 400 in all. Any reports would be appreciated.

Below: Seattle University President Father Steve Sundborg. Does he know what his film department is getting up to?

Tuesday, March 29, 2011

Evolution Of The Wikipedia Article On The Murder Of Meredith Kercher

Posted by Gwaendar

It’s been mentioned by several Seattle media outlets - but none nationally - that the Wikipedia founder Jimmy Wales (above) was considering somehow intervening to tilt the article on Meredith after “Bruce Fisher” started an online petition.

This post looks at how articles evolve under various checks and balances and the prospects for Jimmy Wales if he can indeed have any effect on the editing process - set up so that even he essentially can’t. 

1) The principles of Wikipedia

Wikipedia, the online Encyclopedia that anyone can edit, is and has always been a fascinating case study on the strengths and weaknesses of Crowd Sourcing.

Its arcane and often byzantine rules that have evolved over a decade are often difficult to follow, and have produced an environment with a steep learning curve, one that renders submission of new articles very difficult for novices - a situation often commented upon in the media.

For all their complexity, Wikipedia’s core rules provide a framework sustaining over 3 million articles today just for its English edition. It has its flaws, but in the grand scheme of things it works out quite well for the majority of articles.

Wikipedia’s English language website is right now the eighth most visited in the world and there are various versions in other languages.

2) How Wikipedia articles are built

Any article must stand on two core concepts, neutrality and verifiability.

• Neutrality implies that the topic is described in as objective manner as possible, covering the relevant aspects while giving each the due weight they deserve.
• Verifiability is the embodiment of an implicit compact between Wikipedia and its readers, the assurance that we aren’t just making things up. This is illustrated by the statement “Wikipedia is about Verifiability, not Truth”.  To that effect, any claims in an article must be verifiable through external reliable sources - If nobody made a claim before it appeared on Wikipedia, it will eventually be removed as “Original Research”.

For a source to be considered reliable, it must be either peer-reviewed or reported by a media outlet with a solid track record for fact checking and accuracy. In the final section of this piece, we will look at the shortcomings of that policy.

The three core content policies, “Neutral Point of View”, “Verifiability through Reliable Sources” and “No Original Research” are summed up in another guideline, the often misunderstood and maligned concept of Notability.

In Wikipedia-speak, Notability isn’t an indication of fame or importance, but refers to the notion that an article’s subject has been noted by others - that is, commented upon by multiple third party reliable sources in a non-trivial manner so that it is possible to verify that a Neutral Point of View is being maintained and no Original Research finds its way into the article.

Last but not least, articles involving living people are subject to particular considerations, called “BLP”  (Biographies of Living Persons), here to ensure Wikipedia is particularly careful to avoid libel. The smearing of the prosecutor, or the portrayal of Guede as a lone wolf when the judicial truth established by the Italian courts makes him one among three participants are both violations of the BLP policy.

3) Consensus: How conflicts are ironed out

As appears evident, those policies are put to the test everytime an article addresses a contentious issue.

Quite often, the available reliable sources present multiple sides of a same story. The requirement of Neutrality is often confused with the notion of balance (the simple representation of all sides of an issue). The challenge arises when it becomes necessary to determine what weight to give to a specific point of view.

For example, the population’s sentiment regarding nuclear power generators today can be presented in two different manners by a news organization interviewing people in the street: presenting three persons extremely worried about nuclear power, and three persons expressing confidence in the technology.

It is a balanced presentation, but if 90%  of the population is actually worried, the presentation doesn’t give the appropriate weighting to the issue, whereas interviewing 5 worried people and one unworried would have been closer to the reality.

In order to determine what an article should contain and to what extent, volunteers will often discuss matters and reach a consensus on an article’s talk (or discussion) page.

The English Wikipedia is home to a multitude of regular and occasional contributors hailing from every single country and culture of the globe. For this extraordinary melting pot to work out, participants in any discussions are expected to, first, assume that other participants are acting in good faith, second, treat each other with respect, and third, to accept that a compromise will have to be found that may not match their personal convictions.

The blogosphere and comment forms of newspaper reporting on the Murder of Meredith Kercher are packed full with contributors who believe that bullying and intimidation, outlasting and outshouting the opposition will win over other people.

Needless to say, this attitude is frowned upon in Wikipedia, and it is the reason why several contributors sympathetic to the Knox cause have been blocked from editing over the past two years.

In determining consensus, Wikipedia operates in a manner combining civil law and adversarial prosecution: arguments are heard based on established policies and guidelines, and prior decisions on similar situations are not taken into consideration.

The final call is usually made by an uninvolved editor who will review all arguments and try to determine what the strongest arguments representing the existing policies. This is also transient, as it is accepted that consensus can change and prior decisions can be revisited later on.

4) A little history of the Murder of Meredith Kercher article

Originally created as an article on Amanda Knox in late 2007, it was swiftly renamed to its present title and started to grow. And as the controversy around the case grew, more and more editors turned up trying to ensure that it presented “the Truth” as they understood it.

The FOA core arguments are familiar to readers of TJMK, of course: Amanda Knox was railroaded by the kangaroo courts of a third world country, a victim of rampant anti-americanism, by a corrupt and insane prosecutor and a brutal police force who convicted her out of thin air.

During early 2010 in particular, the regular Wikipedians trying to maintain a neutral coverage were subjected to heaps of abuse from some particularly aggressive Knox supporters.

After numerous reports on the administrative noticeboards, uninvolved admins stepped in, tried to get these users to conform to the acceptable norms of discourse, and eventually blocked them after they demonstrated their inability to do so.

At that stage, the FOA crowd started organizing their activity: a certain PhanuelB showed up and started arguing, supported by a string of new users who had never edited on anything else before.

This lasted for another three months, until PhanuelB got himself banned for the same atrocious behaviour, along with several of his supporters, while the others vanished without a trace at the same point. They all came back once, when a discussion was started around some content PhanuelB had intended to turn into an article before he got banned.

Through all this, the article has undergone several stages. In Spring 2010, it was a long laundry list of prosecution arguments countered by defense arguments - balanced certainly, but essentially useless. In early Summer, the article underwent a rewrite that almost halved its size and tried to prune much of those arguments.

At regular intervals, the article had to be protected due to excessive edit-wars, and is currently still “semi- protected”, that is, locked off to new accounts and anonymous contributors.

From the point of view of a Wikipedian without direct stakes in the case (I am an editor) the article was certainly perfectible,  but did a reasonable job at presenting the main facts of the case, the judicial situation at present, and the nature of the controversies surrounding the case.

5) The FOA appeal to Jimmy Wales

Wikipedia co-founder Jimmy “Jimbo” Wales has abandoned most of his leadership functions over the course of the years, but still carries the prestige attached to his name.

The Open Letter published by “Bruce Fisher” was swallowed line, hook and sinker, and Wales entered the Murder of Meredith Kercher article rather like an elephant in a china shop,  essentially accusing established editors who had laboured for years to try and maintain the article of having conspired to suppress and censor other points of view.

His point is aided, obviously, by the scores of media coverage generated by the Knox PR campaign, in publications and reports matching the letter of a “Reliable Sources”. See, there is a loophole in the policy in the sense that anything appearing on, say, CNN, is considered Reliable because CNN is a network with a reputation for fact-checking and accuracy.

As CNN’s own disclaimers state, though, opinions offered by people appearing on their talk shows are explicitly not endorsed by CNN. But the loophole in policy doesn’t address this nuance, and this is mostly where Wales is trying to give much more prominence to the Knox story.

Fortunately, Jimbo is also increasingly seen as out of touch with the rest of the Wikipedia community, and in practice enjoys no particular privileges. Concerns have been raised on his manner of refusing to hear to the other side of the story.

The article’s talk page is unlikely to quiet down for a while.

But while the FOA perspective is given additional weight at present, the aspect that Wales hasn’t acknowledged is that the article, at the time of this writing, has not just minimized certain aspects of the arguments presented by the Knox PR campaign, but conversely toned down much of the debunking of those same claims.

At this stage, neutrality can be preserved or even improved by providing additional sources.

The sentencing reports for instance are what is qualified as a primary source and can only serve to verify the letter of the courts’  decision. More valuable are media reports or scholarly works (in any language, by the way) that analyze and comment on Massei and its critics.

It is important however to remember that polite discourse is required. If a contributor is subjected to personal attacks, it is better to request politely but firmly that the attack be struck or redacted and move on. Treading lightly and arguing on content with conviction rather than condescension will help guarantee that any contributor can at least be heard.

***********

Gwaendar has been a wikipedia editor for several years.

 

Monday, March 28, 2011

The Sollecito Family Criminal Trial And Civil Trial For Leaking Evidence Will Both Start On 29 April

Posted by Peter Quennell

The Sollecito family face charges for releasing an evidence video to the Bari TV station Telenorba showing Meredith’s body unclothed.

Also for attempting to influence some politicians to get some cops investigating the case moved on. Several Telenorba TV Bari staff-members will also also face charges. The trial was postponed five weeks ago as the judge was still on another case.

It is now reported in Italy by the news service Adnkronos that at today’s brief hearing a Kercher family civil suit against the Sollecitos for this disrespecting of Meredith will run in parallel.

The Sollecito defense team want to dispute the Perugia court’s jursidiction as the alleged crimes took place in Bari and Rome. That seems unlikely to fly as the evidence leaked was taken from Perugia.

The next court date for the Sollecito family will be Friday 29 April.

Sixth Appeal Hearing: Andrea Vogt On The Testimony Of The Witness In The Square

Posted by Peter Quennell

[Above and below: north side of Piazza Grimana showing the benches where Mr Curatolo normally sits]

Click here for Andrea Vogt’s report for the Seattle PI from the appeals court.

One of the case’s most colorful and controversial characters, Curatolo, 53, has spent many a day sitting in the small public Piazza Grimana square near the university where college students come to play basketball, buy hashish and hang out….

When questioned by prosecutors, he said he remembered seeing Knox and Sollecito having “an animated discussion” in the square, which overlooks the villa where Kercher’s body would be found the next day. It was not raining that night, he said, when asked about the weather. The following day the Carabinieri came around to ask him if he had seen anything, he recalled, and he had watched as forensic crime scene investigators worked around the house.

“Are you sure that the day after you saw those two discussing in an animated way you were questioned by the Carabinieri and saw the police at Via della Pergola in their white suits?” asked Mignini.

“Very sure,” Curatolo said. “As sure as I am that I am sitting here.”

But minutes later, in questioning by Sollecito’s lawyer Giulia Bongiorno, Curatolo also said he had seen young people in masks and getting on buses to go to the discos. The distinction is important because Halloween was Oct. 31 and there were likely students in costumes, getting on shuttles to go to the discos on the outskirts of town.

Kercher, however, was killed on the evening of Nov. 1, 2007, which is All Saints Day, a somber holiday in Italy, when it is less likely there were any festivities.

“I think it is clear that he does not have a lucid memory,” said a member of Knox’s legal team, Maria del Grosso, after the hearing. “And I think it was demonstrated today that he is not a credible witness.”

However, prosecutors and the lawyer for the Kercher family, Francesco Maresca, maintained the testimony was in line with previous statements.

“He repeated exactly what he said during the first trial. We still believe he is reliable.”

Good neutral report, as you’d expect, from Andrea Vogt who is the American reporter most consistently in the courtroom. All the other reports in English seemed to include a lot of fluff from the defenses.

We’ll have an analysis post on this hearing and the DNA testing in Rome later today or tomorrow.

**********

Below: Mr Curatolo’s preferred benches are at the far left there. If Sollecito did watch the gate of the house on the night he’d need to be to the far right there. The gate can easily be seen from there.

Friday, March 25, 2011

Giordano Supreme Court Report On Final Appeal By Rudy Guede

Posted by Our Main Posters

[St Peters in foreground; Supreme Court large white building in background]


Please click on the image above for this meticulous translation from Italian to English.

The PMF translation team on three continents consisted of Jools, Thoughtful, Clander, TomM, Catnip, Yummi and the 411.

This post spelled out how very ominous for the Knox and Sollecito defenses this report really is.

We will have a post soon examining the fine details of this very tough report.

The Civil Case Of Knox v Lifetime - Umbria 24 TV Video Of Arrivals Today At The Courthouse

Posted by Peter Quennell

Amanda Knox is the supplicant here but you’d be hard-pressed to know it.

Unfortunately there’s no video or images of the team for Lifetime the alleged wrongdoers in this case, who seem to be keeping well out of sight.

There are reports in English here and here and here. Ann Wise of ABC notes that YouTube has removed the video of the movie’s trailer.

Thursday, March 24, 2011

The Civil Case Of Knox v Lifetime Will Be Considered By The Perugia Courts On July 4

Posted by Peter Quennell

On July 4? Big day in America. Seems today’s judge has a sense of humor.

The closed hearing in civil court in Perugia was brief, and there are just a couple of media images of Knox looking rather dispirited.  The Italian media have not yet identified who are Lifetime’s legal representation or whether they were in court.

Knox’s lawyer Carlo Dalla Vedova said his client wants the Lifetime TV movie withdrawn. He claimed that the movie had already been viewed 687,000 times on Lifetime’s website from all over the world, and that there is a version with Italian subtitles.

He said the movie could do irreparable harm to the prospects of his client. Amanda Knox in her statement said: “I am shocked at this invasion of my life and the speculations made about myself… I was very disturbed at the images in the trailer I saw on TV.”

The Knox and Sollecito suits were all actually filed before the movie itself had ever aired. No specific scenes were complained about today in court, and as the movie for the most part adheres to Massei, with some artistic license, it will be interesting to find out precisely which scenes are the bad ones.

The movie appeared to give Knox at least one big break in public eyes by making the provisional finding of an HIV test seem highly malicious though the facts don’t support this.

Sollecito appears in the movie much more briefly than Knox, and his most dramatic scene is where he throws one of Knox’s various alibis under the bus. Otherwise he comes across like a pussy.

His legal team has also said they were filing suit against Lifetime both in Perugia and in New York. No sign yet of those filings.

Wednesday, March 23, 2011

Amanda Knox To Be In Court In Perugia Tomorrow In Hearing About Stopping The Lifetime TV Film

Posted by Peter Quennell

[Above: Lifetime TV has an office suite in this giant hitech building which Google is presently purchasing]

Past posts on this mixed bag of a TV movie can be found here.

Late February Amanda Knox’s lawyers filed suit in Perugia to stop the airing of the movie (so far aired maybe half a dozen times in the US) and Raffaele’s Sollecito’s lawyers filed suit in Perugia and (or so they say - we can find no court record) also in New York.

The Perugia judge at the first hearing took a pretty relaxed view of the urgency of the matter and so it is only now that legal teams for Lifetime and Amanda Knox will face one another in court. The suit claims that the movie “violates the reputation” of Amanda Knox.

Very substantial payment for damages has been requested. If the New York suit also proceeds (unlikely as US law is not exactly favorable) the total asked appears to amount, converted from Euros, to over two hundred million dollars to compensate for sullied reputations.

Today’s Italian media reports in ANSA and AGI dont say very much more than that, except that Amanda Knox would like to be present in court.

As this is not Sollecito’s team’s suit, this is about the first time that one appellant will appear in court without the other. No word at all yet on the constitution of Lifetime’s legal team.

Tuesday, March 22, 2011

Limited Review Of The DNA Tests Agreed To By Judge Hellmann Are Now Underway In Rome

Posted by The Machine

[Amended by the Machine after his posted comment.]

Stefano Conti and Carla Vecchiotti of La Sapienza University in Rome (above) have begun the review of the DNA on the large double-DNA knife and the bra clasp under the eyes of expert witnesses.

Dr. Patrizia Stefanoni and Professor Giuseppe Novelli will be testifying on behalf of the prosecution. 

Professor Novelli has an impressive CV. He is a highly regarded professor of biomedicine at Tor Vergata in Rome and director of the Centre of Excellence for Genomic Risk Assessment in Multifactorial and Complex Diseases.  Professor Novelli is regarded as the “father of police forensics” in Italy.

If there had been any doubts about the validity of the DNA evidence against Amanda Knox and Raffaele Sollecito, he wouldn’t have agreed to testify for the prosecution.

A number of independent experts have already confirmed the validity of the DNA evidence at various court hearings.

There was an independent review of the forensic evidence in 2008. Dr. Renato Biondo, the head of the DNA unit of the scientific police, reviewed Dr. Stefanoni’s investigation and the forensic findings. He testified at Rudy Guede’s fast track trial in October 2008 and confirmed that all the forensic findings were accurate and reliable.

He also praised the work of Dr. Stefanoni and her team. “We are confirming the reliability of the information collected from the scene of the crime and at the same time, the professionalism and excellence of our work.”

Alberto Intini, the head of the Italian police forensic science unit, testified for the prosecution at the trial last year. He maintained that the crime scene had not been contaminated. He pointed out that unless contamination has been proved, it does not exist.

He also stated that the results of the tests showed that the investigation had been carried out correctly because there was not even one trace of any of the forensic technicians.

The Kercher family hired their own DNA expert, Professor Francesca Torricelli, and asked her to examine the DNA evidence.

Professor Torricelli is the Director of a genetic facility at Careggi University Hospital and has been working in genetics since 1976. She testified at Knox’s and Sollecito’s trial last year and she also confirmed Dr. Stefanoni’s findings.

She told the court that the significant amount of Sollecito’s DNA on Meredith’s bra clasp meant that it was unlikely that it was left by contamination. She also agreed with Dr. Stefanoni that Meredith’s DNA was on the blade of the double DNA knife.

Distinguished DNA expert and former Caribinieri General Luciano Garofano analysed the DNA and forensic evidence for the early 2010 book “Darkness Descending”.

He has more than 32 years of forensics experience and is a member of the American Academy of Forensic Sciences. He is considered by many as Italy’s top forensics expert. In his section of the book, he explains at length why he too thinks that Knox and Sollecito are guilty of Meredith’s murder.

Although General Garofano agrees with Dr. Renato Biondo and Alberto Intini that the scientific police did a good job, he thinks the police should have separated the plastic handle from the knife and checked for blood there because it often gathers in the grooves and recesses under the blade.

Stefano Conti has asked Judge Hellman for permission to take apart the handle of the knife.

The conclusions of the DNA retesting must be filed with Judge Hellman’s court no later than May 9 and they will be discussed at the appeal hearing on May 21.

Retesting of the DNA was always a high-stakes gamble for the defense teams and could prove to be game-over for Knox’s and Sollecito’s appeal in a single stroke.

On the other hand, the prosecution has little to worry about either way, as the balance of the evidence is so massive.

Friday, March 18, 2011

John Follain Foreign Correspondent UK Sunday Times Chats Online About Case And Italian Politics

Posted by Peter Quennell

Transcript of a live online Sunday Times discussion with foreign correspondent John Follain on Monday 7 March 2011.

Sunday Times Foreign Editor:

Welcome to John Follain, foreign correspondent for The Sunday Times who has covered Italy since 1998. He has written a book about the murder of Meredith Kercher which is out in August. So let’s begin, John is waiting for your questions

John Follain:

Hello, all set and looking forward to your questions - about the Kercher case, Berlusconi or anything you see fit to throw at me

[Comment From James Ellington]

Hi John, How do you think Amanda Knox managed to gain celebrity status given the gruesome nature of the crime she has been convicted of?

John Follain:

Hi James,

Should we blame the media or the readers? Seriously, I think one big reason why this case has interested people is that they identify themselves with the parents of Meredith Kercher, or of Amanda Knox.

As for Amanda Knox being a celebrity, I’d say the twists and turns of the investigation and the trial have a lot to do with it - as well as her looks and the fact that it has to be a rarity to have an American exchange student with such a background being convicted (the appeal trial is now on, of coruse) of such a crime.

[Comment From Freddy: ]

What do you make of the film? It doesn’t seem to have gone down too well with anyone involved

John Follain:

Hi Freddy,

Having covered so many of the events, it was very moving to see some of them on screen - the actors do look very much like the real protagonists. But I did find it peppered with inaccuracies and callous in its depiction of events just before Meredith’s death - including a completely unbelievable scene showing Rudy Guede embracing Meredith.

[Comment From Rebecca Ward]

So let’s cut to the chase, do you think Amanda Knox to be guilty or has she been wrongly convicted? And what do you base your opinion on?

John Follain:

Hi Rebecca,

Ah, thought that one would come up. Under Italian law, Knox’s conviction doesn’t become definitive until she has exhausted her chances of appeal - meaning the current appeal trial and a possible Supreme Court trial.

Having said that, I do think she played a role in the murder, along with her boyfriend Raffaele Sollecito and Rudy Guede. That’s an opinion based on the evidence against her including the staged burglary, the DNA samples involving all three, and her behaviour at the police station

[Comment From Suzanna, Gloucs]

I have read that Guede was able to elect to go down the “˜fast track’ route for trial. What is that? Sounds like a McDonalds version of the law?

John Follain:

Hi Suzanna,

Not McDonalds but the Italian equivalent of plea-bargaining in a way. The fast track route involves a defendant agreeing to a faster trial, with fewer witnesses and no jury among other conditions, in exchange for a lower sentence if convicted.

But there’s no doubt many in Perugia and elsewhere have been shocked by his final prison sentence of 16 years, which will be greatly reduced for good behaviour among other factors.

[Comment From JJ ]

Can Knox be thought of as credible when saying she had been assaulted and asked questions under duress when being interviewed in light of the Facebook comments and images of swords and rituals?

John Follain:

Hi JJ,

I think it’s hard to accept that she accused an innocent man - Patrick Lumumba, the owner of the bar where she worked - simply because the police supposedly “pressured” her into doing so.

When she appeared in court and was questioned at length by the prosecutor over this, she didn’t come up with a convincing explanation. Plus there’s the fact that the day after the police interrogation, she repeated the scenario of Lumumba killing Meredith at the cottage.

[Comment From Charles and Jane]

I’ve seen interviews with Knox’s parents ““ difficult not to make assumptions here ““ but they seem rather unhinged (especially the mother). I realise it is not the everyday situation you find yourself in re your children but I think they do AK rather more harm than good?

John Follain:

Hi Charles and Jane,

To be honest, no, I don’t think they’re unhinged. I spent more than three hours interviewing them and AK’s sister Deanna in Seattle, and they came across as determined to bring Ak back from Perugia.

As for them doing AK more harm than good, the massive PR campaign they launched didn’t go down well with at least one of her Perugia lawyers, and it has backfired with the courts in the sense that judges in Perugia think the attacks - especially against prosecutor Giuliano Mignini are unjustified.

[Comment From james forrest]

What was the greatest challenge you faced in writing your book and did you meet any of the people connected with the case during the course of your research? Would you be interested to interview Knox if you had the chance? What question would you most like to ask her if you had the chance?

John Follain:

Hi James,

I set out to re-construct events from the moment Meredith and AK arrived in Perugia, through the murder and the subsequent investigation, right up to the current appeal trial - as much as possible describing not only what the main characters did but also what they thought at the time.

So the challenge was obtaining numerous, repeat interviews - one was six hours long - with as many of the characters including the prosecutors, detectives, lawyers, experts, relatives and friends among many others.

Yes of course, which journalist who has followed the case wouldn’t like to interview AK? But she is banned from giving interviews as long as her conviction, or acquittal, hasn’t become definitive. I don’t have a top question for her, what I would like is to ask her to go through events in as detailed a way as possible.

[Comment From Peter Polites]

What do you expect to be the outcome of the Amanda Knox appeal which has been delayed so forensics can carry out a review of the evidence used to convict her? When do you think we will hear the result? And do you think there is the possibility that the forensic evidence was contaminated?

John Follain:

Hi Peter,

Given that more than 20 judges have so far ruled that AK is guilty, I think the appeal court will head the same way - although it could reducer both the sentences for both her and Sollecito.

But no thinks the outcome is certain - the key hearing will be in late May when the court-appointed experts report back on their review of the DNA evidence found on the kitchen knife believed to be the murder weapon, and on Meredith’s bra clasp in her bedroom.

Yes contamination is in theory always possible but I see nothing to indicate that happened here.

[Comment From Ivor Gibson]

There have been heaps of books published about the case of Amanda Knox ““ what does yours do that the others don’t?

John Follain:

Hi Ivor,

I hope that my book offers the fullest-possible account of the case - I hope the reader will feel he or she are with Meredith and her friends in her last weeks in Perugia, behind the shoulder of the prosecutor or the detective as they make their discoveries, with AK and her mother as they talk in prison, and present in the courtroom at the key moments of the trial.

[Comment From Sammy]

what is the reaction of the average Italian to the bunga bunga scandal? disgust or secret envy?

John Follain:

Hi Sammy,

If you believe Berlusconi, 51% are for him, and 49% are against him. The truth is the average Italian does think the scandal is pretty awful but that doesn’t stop a big minority - a majority if you include his coalition partners - thinking Berlusconi is the best man for the job right now.

Basically the Left has yet to persuade anyone apart from diehard followers that it does have a programme for government and can rule the country efficiently.

[Comment From Elise Crothers]

I read that Berlusconi thinks he can prove in court that Karima El Mahroug was not underage when he allegedly paid her for sex ““ what do you think will be the outcome of his trial in Milan next month?

John Follain:

Hi Elise,

The prosecutors are confident that Berlusconi’s claim that she wasn’t underage will be thrown out by the court - her date of birth is on her Moroccan passport and as her father points out, they wouldn’t have spent such a long time trying to get her into community centres for minors if she was an adult.

The outcome is a very tough one to predict, but one near-certainty is that Berlusconi won’t try to stop the trial going ahead. He wants to fight his corner in court by attending all the hearings.

If he is convicted, he would most likely get a suspended sentence because he is over 70 and because he has a clean record.

And if he is convicted, he has said he will stay on as prime minister.

[Comment From jude]

what does Bunga Bunga mean? I think I know but do I?

John Follain:

Hi Jude,

I think I know too, but only on the basis of what Ruby told prosecutors before the whole scandal became public.

And that’s second-hand, in that she said that Berlusconi told her that it was something copied from Gadaffi’s harem - ie. an orgy.

But then again, Berlusconi’s people have claimed it’s no such thing but just a joke about two ministers on an island who come to an obscene end with natives (don’t ask).

And the newcaster Emilio Fede, who is accused of aiding and abetting prostitution for bringing showgirls to Berlusconi’s home, said it was the name of the sofa

[Comment From Mary]

How can you stay on as Prime Minister if you are convicted?

John Follain:

Hi Mary,

A prison sentence of three years or more would automatically include Berlusconi being barred from holding public office for a year or more. But that wouldn’t become definitive until the case was ruled on by the Supreme Court, which could be in a couple of years or more.

[Comment From Simon Kennedy, Edinburgh]

Last year Berlusconi fawned over Gadaffi, treating him like royalty on his visit to Italy and has also described him as “my great friend”. Now they seem to have changed direction due to the threat to their energy supplies. Should Italy take a stand against Gadaffi and what would this mean for the Italian economy?

John Follain:

Hi Simon,

Despite Berlusconi’s previous “friendship”, and embarrassing scenes including Gadaffi being allowed to lecture young women - all from a PR agency - bussed in to attend his lecture on “Islam”, Italy says it will stick to whatever the EU and the UN decide on sanctions.

But it’s been noticeable that Libya’s interests in Italy - there’s even a stake in the Juventus soccer club - have gone untouched officially because they’re not held by Gadaffi himself or his clan.

The trouble for Italy is that taking too strong a stand against Gadaffi could threaten vital energy supplies.

And the Italians are quick to point out that they were not alone in giving Gadaffi red-carpet treatment.

[Comment From Gemima9]

how will Italy cope with the thousands of North African migrants arriving in the country after the unrest in the middle east?

John Follain:

Hi Gemima,

The government hopes it won’t be alone in coping and that other EU countries will step in, because it simply doesn’t have the facilites to cope with the possible arrivals - some estimates are around 250,000 to Italy alone.

The emergency plans drawn up by the government including using converted barracks to house them but this would all be temporary. And the UN High Commissioner for Refugees has regularly criticised the way Italy has been dealing with previous cases, saying it doesn’t give them a proper chance to claim and obtain refugee status.

Sunday Times Foreign Editor

Well, that’s all we have time for folks. Thank you for all the questions. Thanks to John for giving us his time. Do tune in next week at the same time for another heavy-weight topic. Have a good week. Bye.

John Follain:

Thanks to you all for your interest, and hope we get another chance to talk soon.

According to a BBC report Bunga Bunga is the nickname of Greman actress Sabina Began who organizes Mr Berlusconi’s controversial parties. Therefore “bunga bunga parties”.

Not everybody is buying that explanation it seems. Other versions keep surfacing.

Thursday, March 17, 2011

Today’s Celebration In Italy Of Its Unification Into One Nation 150 Years Ago

Posted by Peter Quennell

Wednesday, March 16, 2011

Remarks Mocking Japan Win Disapproval In The American Media

Posted by Peter Quennell

Most Americans are eager global travelers (or would be if they could afford it) and large numbers live through choice in foreign countries.

But there are some for who certain foreign countries seem to give problems. Italy has been given a vey hard time over Meredith’s case, both by some journalists we previously thought reputable and by some anonymous commenters online.

Typically they depict an Italy that none of us here recognise, and as we periodically try to show through our videos, images and reports there is a reason why in the eyes of most of the rest of the world it is rightly seen as a gentle, cultured, beautiful country.

Japan is another country toward which a few media stars and a few online commenters have felt safe in presuming there’s an open season for unkind remarks. But not, it seems, any more.

Dozens of media sites are today reporting negatively on such remarks.  Best not to repost the unpleasant remarks right here. But click on the image above for some examples, and the reactions they are now engendering. 

The reader comments below that report are good. The decent broad middle steps in.

Sunday, March 13, 2011

Fifth Appeal Hearing: Testimony On Club Closings And Buses Leaves Credibility Of Eyewitness Intact

Posted by Peter Quennell

The shot above from the front of the School for Foreigners is of Piazza Grimana.

Click for a larger image. You can see the square with the benches at extreme left and right, and at rear the basketball court where Rudy Guede played. At the back there at the far right are the stone stairs down which Knox and Sollecito may have entered the park.

The many traversing buses mostly stop right in front here and they would block most of that view.

It is hard for us to see the defense witness testimony from six witnesses - one nightclub owner apparently refused to show - that several clubs were closed and several buses not running as any big deal.

In this post below we mentioned that Judge Micheli at Rudy Guede’s trial in October 2008 had accepted the testimony of Mr Curatolo because he said it was the night before the police descended on Meredith’s house and the square.

Judge Masse’s court also used this as a pointer to Mr Curatolo’s credibility and the Supreme Court of Cassation in denying Guede’s ten appeal grounds also endorsed the testimony as good. 

Here now is a repeat of our report on Mr Curatolo’s day in court by our man in the court at the time, StewartHome2000,  almost precisely two years ago (29 March 2009).

He is a fixture in Perugia. He is a vagrant that spends most of his time hanging around Corso Garibaldi (the street where Sollecito lived) and Piazza Grimana (the piazza in front of the School for Foreigners within eyeshot of the gate of Meredith’s house on Via della Pergola).

The crowd murmured as he was helped in by court assistants, uncleaned and dressed in an old jacket and winter knit hat. His skin was dark against his long un-groomed white hair, beard and mustache. But once he opened his mouth, you knew that this guy was no slouch. He spoke clearly, concisely and directly, and was very certain of what he saw.

His testimony never swayed and was consistent even under cross examination. In short, his appearance was one thing, his articulate convincing testimony was another.

He stated that he has been a regular hobo (for lack of a better term) around that part of Perugia for about 8-9 years. He testified that he was in Piazza Grimani around 9:30-10:00pm when he saw across the piazza two people, a man and a woman. He described them as a couple from the way they were sitting next to one another.

He was asked to describe them and he turned and looked at Amanda, just a few feet away, and said calmly, “it was her”, and then looked at Sollecito and said “and him.” He stated that having been in that area he had seen them before separately, but this was the first time he saw them together. But he was certain it was them.

He said also that, although he did not watch them all the time, he did see them again “poco prima di mezzanotte” or “just before midnight” at the same place. He originally said that they were there from 9:30 through midnight, but clarified that they were there at 9:30-10:00pm and may have left around 11-11:30 and then returned to be there just before midnight.

After midnight, he left the piazza to go to the park and sleep.

The next day, he arrived at his faithful piazza around 12:00pm, and eventually, around 1:30 or so, he saw the carabinieri pass by, and the police and crime scene staff, and stated that he watched them at the scene, including the CSI people dressed in the full-white suits.

Under cross-examination, Sollecito’s lawyer Ms Buongiorno may have thought she had an easy target. But in fact he held up extremely well. She asked, “how could you possibly know it was 9:30?” and he responded “Because the sign next to the piazza has a digital clock. I look at it often to check the time”.

He stated that “when I sat on the bench to read I looked at my watch and it was just before 9:30pm”¦.and I saw them shortly afterwards.” He said he knows what he saw, and he saw those two! No more questions.

Buses and nightclubs were not even mentioned in this comprehensive report. They were not even brought up by the defenses to rebut Mr Curatolo’s timeline two years ago.

The defenses again seem to be clutching at straws.

Saturday, March 12, 2011

Fifth Appeal Hearing: The Two Appellants Arrrive In The Courtroom

Posted by Peter Quennell