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.

Monday, August 20, 2012

Dissecting The Hellmann Report #4: The Contortions To Dismiss Witness Quintavalle

Posted by Cardiol MD

[Above: Images of Mr Quintavalle’s Conad store; he serves at far left, his cashier serves at far right]

Scroll down here for previous posts in this series.

Mr Quintavalle owns the Conad franchise at the lower end of Via Garibaldli, about halfway between Meredith’s place and Sollecito’s. Judge Massei in his trial sentencing report had stated this about Mr Quintavalle on page 83:

This Court deems that the testimony of Quintavalle is reliable. It was discovered that Inspector Volturno did not ask Quintavalle if, on the morning of November 2, he saw Amanda Knox in his shop.

He was asked ““ so Quintavalle recalled - about purchases made by Raffaele Sollecito. Mr. Quintavalle did not say anything about having seen Amanda Knox on the morning of November 2, 2007 in his shop because he was not questioned about this and because, as indicated by Quintavalle himself, he considered this fact to be insignificant.

This post exemplifies how the Hellmann-Zanetti web of deception uses a flood of reasons-to-doubt in its attempt to discredit Massei’s conclusion that Quintavalle was a reliable witness. Remarkably, the judges did not even recall Mr Mr Quintavalle, and mostly they work from the brief summary of his testimony in Massei’s report and little else.

Quintavalle’s testimony is key to the guilty verdicts against Knox and Sollecito, and contrary to Hellmann-Zanetti’s improper purpose; therefore they proceeded to systematically “disprove” Massei’s conclusion, stating this on page 39:

Indeed, Quintavalle asserts that she left without having purchased anything.

Verbatim from the hearing of March 21, 2009:

The Hellmann report here proceeds to selectively quote the hearing-transcript in a manner contrary to the usual and customary English-language meaning of “verbatim”. It may be that Hellmann-Zanetti meant to indicate that only the words they did quote were verbatim, and that their ellipses indicated innocent omissions. However the effect of their omissions is not innocent.

“¦If they had asked me”¦also because, I repeat, I, when the young lady came into my store, I did not see her leave with anything, because when she passed by and passed by again, when she left and I saw her, out of the corner of my eye I saw her leaving, I did not see that she had a shopping bag or anything in her hands.

PRESIDING JUDGE [PRESIDENTE]: You are speaking of the morning of November 2?

ANSWER: The morning of November 2. I don’t know if she bought anything, I don’t know. My cashier doesn’t remember if she bought anything, I am not able to say whether she bought something or not”¦”

If one wanted to maintain that perhaps Quintavalle is wrong, because she actually did purchase something, it would be correct to observe that if he could be wrong on this point, and also about the clothing she was wearing, then he could also be wrong about the identification of the young woman [giovane] as Amanda Knox.

Finally, the testimony of the witness Quintavalle does not seem reliable, and, in any case, represents an extremely weak piece of circumstantial evidence.”

Examples of Hellmann-/Zanetti’s flood of Reasons-to-Doubt [That AK/RS are Guilty] :

From Hellmann-Zanetti pages 39-43:

“Quintavalle

Another piece of evidence [uno degli elementi] on which the Court of first instance based its conviction of guilt is represented by the testimony of the witness Quintavalle, owner of a grocery store in Corso Garibaldi, not far from Sollecito’s house but also just a few minutes from via della Pergola: he in fact asserted that he saw, early in the morning of November 2, a young woman enter[sic] his store after having waited for it to open, whom he later recognized as Amanda Knox.

According to the prosecution (and to the Court of first instance), this circumstance proves that, contrary to the alibi she gave, she did not sleep at Sollecito’s house until late in the morning, but went very early to Quintavalle’s store, as she urgently needed to acquire a cleaning product suitable to clean the house in via della Pergola of her own traces and those of Raffaele Sollecito, before the police could intervene and take samples, since it was inevitable that sooner or later the alarm would be given because of what had happened.

In reality, even under the assumption that the circumstance is true, this would be a weak piece of circumstantial evidence, incapable in itself of proving guilt even presumptively; but in any case this Court holds that the testimony of the witness is not very reliable, in particular in what concerns the identification of the early”morning client with Amanda Knox.”

(1) Reason-to-Doubt #1: “”¦INCAPABLE IN ITSELF of PROVING guilt even presumptively”¦.”

The reader is being steered away from a level of doubt that is beyond-reasonable, and towards the territory of reasonable-doubt-that -AK/RS-are-Guilty.

“INCAPABLE IN ITSELF” improperly isolates the issue from all the other considerations which should simultaneously-be-taken-into-account.

“PROVING” improperly implies an inappropriate standard of “˜certainty’.

“¦.this Court holds that the testimony of the witness is NOT VERY RELIABLE, in particular in what concerns the identification of the early”morning client with Amanda Knox.

Logically “not very reliable” does not exclude “reliable” but Hellmann-Zanetti presumably don’t intend to concede that Quintavalle is reliable; this betrays Hellmann-Zanetti’s extreme bias and determination to exclude Quintavalle’s damning identification of [their client?] Knox.

Later on page 38:

In fact, he presented himself to the police only a year later, following intense urging by a young apprentice journalist”¦..”

This is a misleading reference to Antioca Fois; see Massei page 84:

He later spoke about having seen Amanda Knox because a young man who used to live above his shop, who he knew, Antioco Fois, had just graduated and had become a freelance reporter for the newspaper Giornale dell’Umbria. When he passed him, he would sometimes ask: “But do you know anything? Did you see something? Did you hear something?”

So one day Quintavalle told Fois that he had seen Amanda Knox on the morning of November 2; later he decided to go to the Public Prosecutor’s Office because Antioco Fois convinced him that this fact might be important.

So the “intense urging” was more like friendly exchanges with Quintavalle’s neighbour, a former lodger.

(2) Reason-to-Doubt #2: “In fact, he presented himself to the police only a year later”¦.”

Readers are invited to mistrust Quintavalle because he belatedly told this to the police for an untrustworthy reason, steering them further away from a level of doubt [with regard to Knox/Sollecito guilt] that is beyond-reasonable, and further into territory that is reasonable-doubt of their guilt.

Later still on page 38:

Now, what actually happened more than a year before Quintavalle presented himself to the police is absolutely not irrelevant, for the purpose of evaluating the reliability of the witness, especially from the point of view of the genuineness of his memories and the exactness of the identification.

(3) Reason-to-Doubt #3: “absolutely not irrelevant, for the purpose of evaluating the reliability of the witness”

This double-negative statement further invites Readers to regard Quintavalle as unreliable because his memories are false, and his identification of Knox is too inexact. Steering Readers yet further into a level of doubt of Knox’s guilt that is reasonable-doubt.

Yet further down on page 38:

“¦..this was a witness who ““ taking into account what he himself explained ““ took a year to convince himself of the precision of his perception, and the exactness of the identification of Amanda Knox with the girl that he saw, although he was able to appreciate the relevance of his testimony already in the days immediately following the murder.

(4) Reason-to-Doubt #4: “..took a year to convince himself…”

From Hellmann-Zanetti page 36:

“¦..took a year to convince himself of the precision of his perception, and the exactness of the identification of Amanda Knox with the girl that he saw, although he was able to appreciate the relevance of his testimony already in the days immediately following the murder.

Repetition of reader-invitation to regard Quintavalle as unreliable, because his perceptions are not precise enough for Hellmann-Zanetti, and his identification of Knox was too inexact even though he knew at that time that his testimony was crucially relevant.

The reader is being steered even further away from belief that Knox and Sollecito are guilty towards the territory of reasonable-doubt-that -AK/RS-are-Guilty.

Are we there yet? Is there reasonable-doubt-that-AK/RS-are-guilty NOW?!

(5) Reason-to-Doubt #5: “Quintavalle cannot maintain that…”

Near the bottom of Hellmann-Zanetti page 38:

...from the testimony of Inspector Volturno at the hearing of March 13, 2009, it turned out that Quintavalle and his employees and other shopkeepers in the area were shown photographs of Raffaele Sollecito and Amanda Knox, and were asked in particular to mention any possible purchases of cleaning products on the part of the couple, as this was a precise focal point of the investigation. Thus, Quintavalle cannot maintain that he did not mention what he saw on the morning of November 2 to Inspector [53] Volturno because he did not think it was a relevant circumstance.

Readers are yet further invited to mistrust Quintavalle, because his failure to “mention” everything he had seen, and his idea of “a relevant circumstance” were unacceptable to Hellmann-Zanetti.

That’s already five reasons to doubt on the first Quintavalle page alone.

Thursday, August 16, 2012

An Overview From Italy Of The Galati-Costagliola Appeal To The Supreme Court Of Cassation

Posted by Machiavelli

1. About Dr Galati

Dr Giovanni Galati is the Procurator General of Perugia, and one of the two magistrates at the highest function currently working in the Region of Umbria.

Until early 2011 he worked in Rome as a Procurator General at the Supreme Court of Cassation in Rome. His life and career had nothing to do with Perugia. A native of Calabria, he spent the last and most important part of his career in Rome, and moved to Perugia only quite recently.

Working as a deputy chief prosecutor at the Supreme Court of Cassation, he developed an expertise as a “cassationist” magistrate. That means specialized in legitimacy issues, and in this role he handled several high profile cases. Among them was the recent one of Salvatore Cuffaro, the former governor of Sicily, now in jail.

Cuffaro was convicted for having favored the mafia and was sentenced to seven years. The governor was found guilty by the appeal court, but Galati impugned the sentencing by the Supreme Court on one specific aspect: while he agreed Cuffaro was guilty, he considered there was only evidence of common crime, while the lower courts failed to provide the legal requirements for proof of the aggravating circumstance of the mafia-related kind of crime.

In Galati’s opinion, Cuffaro was still corrupt and a criminal, and the difference may seem like a minor detail. His conclusion was not to overturn the verdict, but only to reduce the aggravating circumstance and shorten the prison term. Galati made the point and won, the Supreme Court cut one and a half year off Cuffaro’s prison term.

One thing to note is that the majority of Galati’s recourses are appeals in favor of the defendant. The Prosecution General, the office that brings cases to the Supreme Court, deals with procedure and legitimacy issues. Its aim is to ensure consistency and quality of work of the criminal courts.

It does not deal directly with the merit of evidence, but in fact, since the assessment of the evidence is a matter of internal logical consistency and consistency with trial actions, as well as respecting of procedure and of Supreme Court jurisprudence, the scrutiny of the lower court’s process obviously indirectly involves an assessment of the quality of evidence, and on the quality of the lower court’s reasoning on all factual points.

Giancarlo Costagliola was of course the lead prosecutor for the Hellmann-Zanetti appeal.

2. About the appeal

The Galati-Costigliola appeal is a 112-page document, with citations in an appendix to each chapter remanding to trial documents (technically the cited documents have to be considered included in the submission). The Supreme Court of Cassation however will have the entitlement of going through the whole trial documentation.

The Galati-Costagliola Appeal to the Supreme Court immediately looks different in quality and content from the previous court documents that we have seen up to now on the case. As we read it in Italian, it looks well written (except for a few grammar mistakes in the Latin parts) and stylistically homogeneous.

It dedicates extensive parts to the philosophy of law, and it includes several quotes of Supreme Court jurisprudence in the introductory and conclusive chapters.

It is an unusual appeal. Contrary to most appeals submitted by Galati as Procurator General, this one does not raise objections simply on parts of the sentencing, conclusions, or points of reasoning. Instead it attacks the verdict in its entirety. It attacks indeed all logical points and conclusions, including the part about calunnia, for which Knox was found guilty. And it goes even beyond.

Besides disputing the single points on the merit, it contains an explicit and more general attack on the whole appeal court’s approach to the case, against the general quality of their reasoning and their handling of trial and procedure, as well as against even their behavior even before the beginning of the trial discussion. There is an introductory part, and one conclusion part, which are dedicated to this kind of general criticism toward the entirety of the judges’ work.

At the beginning the document presents the summary of the ten reasons for appeal which, in Galati-Costagliola’s opinion, fatally affect the legitimacy of the judgment.

The ten questions of merit are the following:

1. The illegitimacy of Hellmann’s admission of new expert witnesses (Vecchiotti and Conti). The appointing of new experts violates the code. Galati-Costagliola clearly explains why, using both Supreme Court jurisprudence and Criminal Procedure Code. It addresses and shows the multiple instances of lack of reasoning in Hellmann’s explanations on the point, the “contradictory nature of reasoning” and its “manifest illogicality” in light of the law.

2. The failure to acquire elements of evidence. Galati-Costagliola focuses specifically on the rejection of witness testimonies, above all 1) the refusal to again hear the witness Aviello, and 2) the refusal of new tests on the knife. These decisions were taken in violation of Articles 190, 238 paragraph 5 and 495 paragraph 2 of the Criminal Procedure Code, and in violation of Article 606 (c) and (d) of the Criminal Procedure Code. There is manifest illogicality of the judgment on the point.

3. The establishing of the unreliability of the witness Quintavalle. The method declared to assess reliability of the witness violates the jurisprudence of the Supreme Court on the topic, and the insufficient reasoning violates Article 606(b) and (e) of the Criminal Procedure Code.

4. The establishing of the unreliability of the witness Curatolo. The reasons expressed are illogical, prejudicial, and violate the Criminal Procedure Code.

5. The claimed timing of the death of Meredith Kercher demonstrates a manifest illogicality in the reasoning, contains an unfounded assessment, and is manifestly in contrast with other court documentation of the case. The internal and external inconsistencies of Hellmann’s statements on the topic constitute a violation of the Criminal Procedure Code.

6. The genetic investigations: coverage of this topic in Hellmann’s sentencing report demonstrates deficiency in the reasoning, and inconsistency and illogicality [Article 606(e) Criminal Procedure Code]

7. The analysis of the prints and traces (stains) demonstrates deficiency in the reasoning, and a contradictory nature and illogicality in the reasoning [Article 606(e) Criminal Procedure Code]

8. The presence of Knox and Sollecito at Via della Pergola on the night of the murder: misrepresentation of the evidence presented is demonstrated and illogicality of the reasoning [Article 606 paragraph 1(e) Criminal Procedure Code]. Violation of procedural rules and illogicality of the reasoning [Article 606 paragraph 1(b) and (e) Criminal Procedure Code] are demonstrated.

9. The staging of the break-in (simulation of a crime): demonstration of deficiency in the reasoning and manifest illogicality of the same [Article 606(e) Criminal Procedure Code]

10. The exclusion of aggravation in the calunnia offence: the contradictory nature or manifest illogicality of the reasoning is demonstrated, also defects resulting from internal and external inconsistence with the court documents of the case: starting with the declarations by Patrick Diya Lumumba, and those by the accused, Amanda Knox, and the contents of the conversation between the latter and her mother on 10 November 2007 [Article 606(e) last part, Criminal Procedure Code].

However, the ten reasons listed above are not all of Galati-Costagliola’s arguments. Their explanations cover the core (80%) of the Hellmann-Zanetti sentencing document. But even before entering into these reasons on the merit, Galati-Costagliola make a preliminary point, a “premise” to the whole document.

The “premise” takes twenty pages and this alone is telling about the gravity of the criticism Dr Galati is going to make throughout the whole appeal document. The premise warns the readers (the judges of the Supreme Court) that in fact there is a problem of quality pervading the whole of Hellmann’s and Zanetti’s work which affects deeply their reasoning and conclusions on multiple occasion and in multiple concurring ways.

He makes clear that his criticism of Hellmann is methodological, and he points to the trial as a whole from the roots, far beyond the single topic of errors exposed in the appeal.

The “premise” of preliminary points, a short essay in itself, has its own summary of six points, each one to explain a typology of recurrent error committed by Hellmann and Zanetti. In the premise Galati explains four of the types of error, while the last two are discussed in the further chapters together with some of the points on the merit.

These are the six types of error:

1. One error “of method” affecting the logical process is the “petitio principii”, which Galati-Costagliola addresses as a recurrent, structural and pervasive method of reasoning used by Hellmann-Zanetti.

It is “begging the question”, a kind of empty circular reasoning. This is demonstrated in several chapters and points. For Hellmann-Zanetti’s reasoning, Galati-Costagliola reserve the names “paradoxical”, “disconcerting”, “useless”, “circular”, and worse in this same tone.

2. The failure to apply the inferential-inductive method to assess circumstantial evidence. This is a key point based on jurisprudence and is in fact a devastating general argument against Hellmann-Zanetti:

The appeal to Cassation’s jurisprudence on the circumstantial case originates from the fact that the Assize Appeal Court did not deploy a unified appreciation of the circumstantial evidence and did not examine the various circumstantial items in a global and unified way.

With its judgment it has, instead, fragmented the circumstantial evidence; it has weighed each item in isolation with an erroneous logico-judicial method of proceeding, with the aim of criticizing the individual qualitative status of each of them ..

Dr Galati accuses the appeal court of focusing on the quality of some pieces of circumstantial evidence, instead of their correlation to each other as the Supreme Court always requires. .

The appeal judges, in actual fact, deny that the probative reasoning and the decisive and cognitive proceeding of the court is to be found in the circumstantial evidence paradigm of the hypothetico-probabilistic kind, in which the maxims of experience, statistical probability and logical probability have a significant weight.

The court must reach a decision by means of the “inductive-inferential” method: it proceeds, by inference, from individual and certain items of data, through a series of progressive causalities, to further and fuller information, so arriving at a unification of them in the context of [13] the reconstructed hypothesis of the fact.

This means that the data, informed and justified by the conclusions, are not contained in their entirety in the premises of the reasoning, as would have happened if the reasoning were of the deductive type “¦ (..) A single element, therefore, concerning a segment of the facts, has a meaning that is not necessarily unambiguous.

Dr Galati cites and explains further:

The Perugia Court of Appeal has opted, instead, precisely for the parceled-out evaluation of individual probative elements, as if each [14] one of them must have an absolutely unambiguous meaning, and as if the reasoning to be followed were of the deductive type.

This error emerges from the text of the judgment itself, but the gravity of the error committed by the Court in its decision derives from the fact that even the individual elements had been acquired by the cognitive-decisioning process in a totally partial manner, isolating the sole aspect that allowed the recognizing of doubts and uncertainties in the element itself..

So Galati-Costagliola concludes ““ and this by now is obvious ““ that the Hellmann-Zanetti court followed a “deductive only” paradigm on pieces in isolation, instead of the “inferential-inductive” paradigm prescribed by Supreme Court requirements (1995).

Moreover, Hellmann-Zanetti applied a deductive paradigm of assessment only to some cherry picked aspects of the single isolated pieces of evidence, overlooking other qualities of the single piece (an example ““ my own ““ is the possible “contamination” of the bra clasp found on the floor in the murder room.) Ordering an assessment of the quality of any element as if it was a proof in isolation from the rest of the evidence is itself unlawful.

But Hellmann”“Zanetti also picked out of the evidence one aspect alone, for example it points to the theoretical possibility of contamination by touching from gloves, but does not consider the negative check results from the possible contamination sources. The interpretation of X-DNA from the bra-clasp by Vecchiotti in the conclusion is worded as if to ignore the results on the Y-haplotype, and so on.

So even single aspects/qualities of isolated items are further isolated from other aspects by Hellmann-Zanetti, and are assessed without looking for a relationship to the context. This is a core violation of the basics of jurisprudence in cases based on circumstantial evidence.

3. Refusal to acquire documentation as evidence: the definitive Guede verdict. Hellmann-Zanetti refused to acquire the documentation and to consider it a piece of evidence, without any backing from procedure jurisprudence and without providing any justification.

By doing this the Hellmann court was again violating the legal boundaries. The Galati-Costagliola appeal considers this as one more type of violation, the refusal to attribute any kind of probative value to the definitive verdict on Guede, thus violating Article 238 of the Criminal Procedure Core, and bringing up a manifestly illegitimate justification. The violation is quite egregious under the code.

4. Failure to assess and to weight key elements, among which is Knox’s written “memoir”. This is a severe violation of article 237 of the Criminal Procedure Code.

The usability of Knox’s “memoir” as well as its probative value were already established by the Supreme Court itself, and it was admitted into the process. Hellmann-Zanetti fail to provide the slightest logical explanation for changing the established assessment and disregarding that evidence.

5. The failure to acquire possibly important pieces of evidence. Galati-Costagliola are focused mainly on two points: 1) the knife, and the refusal of having it further tested for DNA; 2) the refusal to hear Aviello after his retraction of his claims.

We know that, while the testimony of Aviello might be just not credible because of his proven unreliability, and while some may argue that thus his testimony was not “decisive”, the testing of DNA found on the knife would be a piece of evidence for sure.

But the Procurator General points out that the refusal to hear Aviello is part of a severe violation, because the Hellmann motivazioni accepts his retraction statement, considering it thus reliable, but throws out some parts of it and refuses to hear him as a witness.

So the Galati-Costagliola appeal statement includes quotes of some shocking lines from Aviello’s interrogation, to show the heavy nature of it that cannot be thrown out without assessment

A twisting of words - like “cutting-edge” which becomes “experimental” in Hellmann’s reasoning - is the illogical justification for Hellmann-Zanetti forbidding a further DNA test. The motivation is obviously bogus, and Galati backs the point with quotes from Novelli’s tehnical explanation.

6. Galati-Costagliola address a pervasive violation, claiming it recurs multiple times in the document: a violation of a kind called “misrepresentation of the evidence”.

This is when the judge omits aspects of the pieces of evidence that would contradict their conclusion, expressing an obvious cognitive bias. The appeal describes this violation in different chapters (5,6,8) as occurring in the process of assessing different pieces of evidence, including witness reports, wiretappings, and other items.

3. My own assessment of the Galati appeal

As you can guess from the summary above, the appeal is rather strong, and explains many heavy implications in Italian jurisprudence so that it would be difficult for the Supreme Court to reject it.

Difficult not only because the kind of objections raised by Galati-Costagliola are devastating to Hellmann’s legitimacy (in fact it’s even more, they tend to form a picture of manipulation of the trial); and not only because Hellmann’s verdict appears to be devastating to jurisprudence generally, so much so that it would become impossible to rule on guilt in many other cases; and not only because a verdict that puts together the conviction for calunnia (a felony crime with malice) and the acquittal for murder, has a contradiction on a macro-level.

But also diificult because the same office of Cassation has already issued another definitive verdict, on the Rudy Guede case. They acknowledged that Guede did not act alone, and the Supreme Court themselves even obtained independently some elements of evidence of this, which had not been considered by the previous judges.

Accepting Hellmann-Zanetti and rejecting Galati would equate to cancel Guede’s verdict. It would require a re-write of the entire process from scratch.

Galati-Costagliola shed light on many points in good order, so I tend to be optimistic and confident in the strength of the appeal.

However I also believe there could have been something more, to make it even more strong. There are a few points ““ in my opinion - still missing, which I would have added. Four points that I miss are the following:

1. There is no mention about the analysis ““ or the lack thereof - of Knox’s lies, aka the inconsistencies in her story, her “mop-shower” alibi version, what she told prior to her false accusation. There was a partial analysis of this area of evidence in Massei, who only mentioned her lying about her behavior before Meredith’s closed door.

But a lot more could have been brought out, so many contradictions and so sharp, to demonstrate that her recollection was entirely fictional. The entire topic disappeared in Hellmann’s logic and Galati-Costagliola does not hit on the point. I think this obliteration of key evidence should have been a battlefield for the appeal, I think it could have been linked to the error of misrepresentation of the evidence.

2. Galati-Costagliola misses one point of criticism on the bathmat footprint assessment. It does make a point objecting to the manifest illogicality of Hellmann’s reasoning on the footprint analysis. But there is one point more where it could hit, one external inconsistency that could have been highlighted:

Hellmann-Zanetti’s illogical reasoning on the footprint is based on a false assumption. Not only it has no basis in the acts of evidence but it is proven false. It is that Hellmann excludes Sollecito on the basis that the print was “inked” by stepping on a flat surface (proven false), and attributes it to Guede, on the opposite assumption that it was produced by immersion. I note that Galati does not address directly this introduction of false premises.

3. The appeal deals only partly with the Vecchiotti-Conti report controversy. It points to Hellmann’s contradiction on “contamination” of the knife and their failure to indicate any path for any contamination in general. But it does not say much about the bra clasp (it implies however that Sollecito’s DNA was found).

Vecchiotti’s report is unacceptable when it comes to the DNA chart: it acknowledges that Sollecito’s DNA was on the clasp after all when it comes to the Y-haplotype, but in the autosome-chromosome analysis attempts to create confusion by applying principles that are incompatible with Supreme Court guidelines on evidence analysis. Also Vecchiotti desecends into inconsistency and shows her real cards when she attempts to figure out contamination paths for how Sollecito’s DNA had arrived on the clasp.

However, I think the SCC might have all the material on this point in the attachment documents from Galati.

4. One missing point important to me is that Galati-Costagliola does not point out the prejudicial and racist stance declared at the beginning and at the core of Hellmann’s reasoning.

Other parts are maybe more outrageous and more directly offensive to other people and other intelligences, but the racist Hellmann’s reason to me is the most disgusting.

It is a shame that a judge of the Republic is allowed to write things like this. Hellmann-Zanetti write that it is itself “unlikely” ““ it would require a very special proof ““ that Guede and Knox/Sollecito could have just met and done something together because they are “different”, while Sollecito and Knox are “good fellows”

Hellmann-Zanetti could have legitimately used the argument that it was likely for Guede to have committed a crime alone because he had a police record. They could have used this argument, but they did not use it. Their wording was totally different. I think we can guess what the reason is why they didn’t use this argument. It would have been extremely weak.

There is a logical connection between a theoretical break in and the theft in the law firm; this logical connection is equal to (in fact much weaker than) the logical connection between a staged break in and a roommate. But there is no logical connection between crimes like a theft of a laptop in an apartment and assaulting, torturing and killing a woman: thousands, in fact hundreds of thousands, of common thieves, in Italy, do not rape and do not kill anyone.

You cannot use the criminal record of Rudy Guede as a basis for claiming it is “likely” that he could commit a crime of this kind alone. That’s why Hellmann-Zanetti didn’t use it.

Instead, they used prejudice, the racist card: instead of trying to explain why it was likely that Rudy could have done it alone, they decided to claim that it was unlikely that they would find themselves together, because they are “good fellows” (and “different”).

As you can understand, this has nothing to do with Rudy’s criminal record.

By the way, Hellmann-Zanetti know that Knox had been knowing Guede long before she became friends with Sollecito, they already knew that Knox and Guede have been seen together on more than one occasion in more than one place, and even that Guede in fact attended the cottage and was friends with other people in the cottage. In fact they knew Guede and Knox used to attend the same places, house, roads and pubs.

They also knew that both Sollecito and Guede attended Piazza Grimana and the drug circle (which is the square in front of the school where Amanda had her language classes), that they lived 150 meters from each other, walked every day the same road; and ate at the same bars.

It was also known that not only Guede alone, but both Knox and Sollecito had questionable aspects in their personalities, so that these 20-years olds were not exactly expressing a profound stability in their lives.

They knew details like: leaving university, abandoning a job after one day, public disturbance fines, drunk parties, pouring beer glasses on the heads of unknowns, flirting with clients, relational problems with roommates and other girls, bringing several men at home causing arguments with roommates, collecting violent porn, heavy drug abuse over the years, knife collecting, a possible suicide mother, a lonely childhood and introverted character under the attention of a college director, memory voids.

Nobody is perfect. These details do not mean someone is guilty of anything. But what exactly is, in Hellmann-Zanetti’s mind, the “difference” of these personalities that makes these two be so obviously “good fellows”, as opposed to Guede, to the point that it is “extremely unlikely” that they can be found together, despite the fact that they attend the same places every day?

Who can tell me what is the possible reason of this difference?

Maybe there could be a relation with the fact that in Italian “good fellows” ““ “bravi ragazzi” means, in the subtext ” my family” as opposed to the other who is an outsider.

To my eyes this reasoning of Hellmann-Zanetti turns them into individuals who deserves no respect, they gain with this the most justified contempt, they should be treated like pigs: they practically wrote “they can’t be around together with Guede because they are our friends” while “he is out”.

Two bastards dirtying my country by wearing the robes of judges. I find this disgusting. It is unfortunate that Galati-Costagliola overlook this point.

4. The Galati appeal: my final thoughts

It is not possible to understand in depth the 10 points of merit from my short summary, which in fact is just a list. By reading them, I think they show their inner logical strength. I found only one weakness, that is in one of the sub-sections of point 5, where Galati-Costagliola discuss about Guede’s skype call.

I feel it’s remarkable that I couldn’t find any other questionable point (I am rather severe).

Reason 8 appears made of several points each with a different topic. They didn’t seem especially important to me as pieces of evidence, however they exist and are part of Galati-Costagliola criticism of Hellmann’s reasoning.

Reason 9 is effective but I would have used much more extensively the elements of evidence available and place them in line before the judge’s faces. Galati-Costagliola prefer to direct their objection to the inconsistence of Hellmann-Zanetti.

The part where Galati sounds more outraged is Reason 10, about the Calunnia. In this part in fact Hellmann sounds most “FoA” and offensive. In fact I think I have never read before a Cassation recourse so scathing as the Galati-Costagliola document seems to be on the Hellmann’s report.

Reading through the whole Galati document in Italian, you come upon expressions addressing the lower court’s work (repeatedly) with terms like “grave error” and “grave behavior”, you find also “disconcerting shallowness”, or the accusation of “ignoring the law”.

In the C&V report section Galati-Costagliola have some sarcastic lines such as: “how is it now they suddenly have become experts?”. In other parts you read the word “prejudice” or “obvious bias”, some of the parts of the Hellmann-Zanetti report are called “offensive” and “gratuitous”, and you also encounter the term “insinuation”.

Galati-Costagliola devolve significant attention to their method error in logic called “petitio principii”. Now, in the traditional scholarly logic, there is a list of thirteen kind of typical “logical errors” divided in three groups: the errors of the kind “fallacia in voce” (due to misusing words in their meaning concepts) , “fallacia in re” (about getting facts wrong in the direct logical use of them) and “fallacia in deductione” (error in inference process): there are four types of “fallacia in re” and five types of “fallacia in deductione”.

The “petitio principii” (implicit circular reasoning) is one of the five types of “fallacia in deductione”. Galati-Costagliola focus on this and on another case of “fallacia in re” called “corax”, but in fact in Hellmann-Zanetti there are also severe cases of logical errors of other kinds of “fallacia in deductione” and of the kinds of “fallacia in re”. Which may not matter too much.

This was my final thought. I hope this can help readers to gain a rough idea of what the Galati-Costagliola Appeal to the Supreme Court looks like, its structure, its kind of arguments, and assess its qualities.

If the Supreme Court of Cassation accepts the appeal, I would consider the battle for justice in this case as won. I know that the Kerchers may need to see the end of the whole process. But to me, the fact of having the Galati-Costagliola appeal means itself half victory achieved.

This document, as you know, was issued by the highest magistrate in Umbria and what will remain in history is the forcible assertion that Knox and Sollecito are murderers beyond any doubt as expressed by Dr Galati in this document and elsewhere, as well as his outrage for the disgusting Hellmann-Zanetti trash-verdict.

This stance will never go away.

Posted by Machiavelli on 08/16/12 at 03:03 PM • Permalink for this post • Archived in Defendants in court, Amanda Knox, Raff Sollecito, Appeals 2009-2015, Cassation 2013, Florence 2014+, Hoaxes against Italy, 3 No evidence hoax • Comments here (17)

Tuesday, August 14, 2012

Giuseppe Castellini Speaks Up For A “Kind Homeless Man Of Many Aspects”

Posted by Jools

Giuseppe Castellini (above) is the editor of the Journal of Umbria in Perugia. Throughout the case he and his various reporters have done amazing, fearless work.

Today he writes movingly about the sad passing in prison of the honest and brave free spirit Antonio Curatolo, who had been charged during the appeal on a minor eight-year-old charge, apparently at someone’s insistence.

Our lives crossed on the path of the tragic murder of Meredith Kercher. And, somehow, we were no longer separated. Even though, rather than crossing paths, in time they’ve run parallel courses. Up to Friday, when death took him away, at the age of 56. And in his passing we (I speak in the plural because the same sentiment is felt by Francesca Bene, Luca Fiorucci and Antioco Fois, the colleagues who have been following the Meredith case and who met him), we feel deeply saddened.

Antonio Curatolo was no saint. But he had his candour, his naturalness, his humanity and his inner rectitude. Sometimes, I felt he was perhaps dissociated. The homeless romantic and anarchic that reads a lot and has a self-taught culture, living on the edge of society by choice, but who “struggles along” not always in a limpid way. A stray cat, clever and naïve at the same time. Tough and kind, profoundly honest, and at the same time illicit.

I remember when we were informed that a homeless man told someone (who then informed us) that he had seen on the night of the murder Amanda and Sollecito in the Piazza Grimana in Perugia, when as usual he was reading while sitting on a bench in the piazza. The story is well known: Amanda and Sollecito are at the edge of the basketball court, and Raffaele sometimes gets up and leans over the guard rail.

An important testimony, because they had said they were asleep at that time. I remember the contact, the meeting, making him repeat continuously until he was exhausted, what he had seen. Trying to make him contradict himself, to see if what he was saying was true.

A good relationship was born in those days. We spoke about other things apart from the Meredith case, things in general. We got to know each other, we talked about our lives, so many things. And, eventually, it was not very difficult to convince him to tell the investigators what he had told us.

Even though we had to insist (with him, but also with the other witnesses that we found) on surpassing that anti-State Italian mentality in which everyone goes about his business, and that if you rather trust the State you’ll end up in trouble. He testified, and since his testimony was very important (he was defined by the media, with a bit of exaggeration, the “super-witness”), he was “grilled” very thoroughly.

But he essentially repeated the same story. So much so that the defence teams of Amanda and Raffaele, in the end they stirred in the direction of Curatolo maybe having seen the two youngsters, but not on the night of the murder. His version fully convinced the GUP Judge Micheli (who pointed out that no one could dare question his story because of the mere fact that Antonio had chosen an unusual way of life) and also convinced the judges of the First Instance trial.

Not those judges of the appeal, though, according to whom all the witnesses - especially if found by journalists ““ were either mythomaniacs, or were prompted to exaggerate by the suppose desire at all costs for a journalistic scoop by reporters (showing, if I may say so myself, a strong cultural retardation of the judges and a very provincial point of view - far from the reality ““ toward the print press and, more generally, media).

Antonio, as mentioned, was not a saint. His relationship with drugs not only bears witness to his admission that he was a heroin addict, but also the legal troubles related to possession of drugs with intent to sell. An accumulation of small penalties that brought him under house arrest and in prison. Although he proclaimed his innocence. The last time I saw him, some months ago, was when I met him in the street and I accompanied him to the small flat he had rented in Corso Cavour. To complete the house arrest penalty, he told me.

But seeing him enter into that small apartment, after seeing him in the cardboard houses that he was building here and there, gave me the sad impression of a little bird entering a birdcage.

In short, I loved him, despite some aspects of his life. When I saw him we smiled. And they were smiles of men sincere with each other. I had affection for him. His sins, I’m sure, have been forgiven.

May the earth of the grave rest lightly on you, Antonio.

Posted by Jools on 08/14/12 at 06:27 PM • Permalink for this post • Archived in Evidence & Witnesses, Other witnesses, News media & movies, Excellent reporting, The wider contexts, Perugia context • Comments here (11)

Thursday, August 02, 2012

Dissecting The Hellmann Report #3: How Zanetti & Hellmann Bizarrely Try Discredit Witness Curatolo

Posted by Cardiol MD

[Stone steps Meredith and all three accused maybe used on the night; left and at bottom, where witness sat]

Under the first post in this series dissecting The Hellmann Report, one of our percipient commenters suggested this:

The next portion in the series should likely be about the witnesses, I hope, and there we can marvel at Hellmann’s discourses on the functioning of the human memory.

Was our commenter ever right!

On page 32 of the PMF English language version of “Sentence of the Court Of Assizes Of Appeal Of Perugia (Presided Over By Dr. Claudio Pratillo Hellmann)” this is written:

The presence of Amanda Knox and Raffaele Sollecito in Piazza Grimana between 9:30 PM and 11:30 PM on November 1 was, in fact, reported solely by the witness Curatolo, whose reliability this Court very much doubts for the following considerations.

In the first place, the deterioration of his mental faculties, from his way of life and his habits. revealed by his answers before this Court in the course of his testimony (hearing of March 26, 2011) resulting from his way of life and his habits

Realisation of what Hellmann/Zanetti were “constructively” doing there stunned me. They are exposing both a lack of logic and prejudice against a witness.

A necessary logical preamble to my realisation goes as follows:

Although I can identify no specific reference by Dr Galati to the specific issue re Curatolo I wish to address, this one should have been included:

Between their substitution of “certainty” for “reasonable-doubt” and their would-be eternal-postponement of finality Hellmann/Zanetti could shoot their legal system out of the courts.

Hellmann/Zanetti’s treatments of Curatolo’s testimony, alone, is a disaster. They should be thrown-out.

Hellmann/Zanetti’s subtext seems to be that Curatolo is merely an ignorant, illiterate, bad smelling, unkempt, dirty, ugly-old-tramp, daring to testify as to what he observed, to the detriment of two knowledgeable, educated, sweet-smelling, tidy, clean, attractive, young, innocent children.

Isn’t it far more certain, Hellmann/Zanetti seem to think, that the testimony of Curatolo is false testimony, and that the false testimony of these charming young children is not really false testimony because the Devil Prosecutors made-them-say-it.

If I analysed that whole section it would be very long.

If you are not yet familiar with them, you should read in conjunction with this series the posts by one of my lawyer colleagues on TJMK. James Raper, explaining the strength of the prosecution case and how hard it is to challenge legitimately.

See here and here. Also here by another of my lawyer colleagues, SomeAlibi.

[Below: witness said he and perps sat on benches at left; Meredith’s house far left, steps far right]

Posted by Cardiol MD on 08/02/12 at 05:34 PM • Permalink for this post • Archived in The officially involved, The judiciary, Appeals 2009-2015, Hellmann critiques • Comments here (45)

Tuesday, July 31, 2012

In Terms Of Medals Won Per Population Per Capita Italy Is Right Now Coming First At Olympics

Posted by Peter Quennell

The two frontrunner countries - the US and China - have overall each won about twice Italy’s current tally of medals.

Japan also has won several more. However, Japan’s population is more than twice the size of Italy’s, the US’s population is more than 5 times, and China’s population is more than 15 times.

Some 27 countries have so far won medals, out of 204 countries competing.

Right now Italy is ahead of France, South Korea, Russia, North Korea, Australia, Britain (host country), Romania, Brazil, Hungary, Ukraine, Kazakhstan, Germany, and the Netherlands.

Rankings do change almost daily, but Italian athletes are off to a pretty nice start.

Posted by Peter Quennell on 07/31/12 at 03:49 PM • Permalink for this post • Archived in The wider contexts, Italian context • Comments here (13)

Friday, July 27, 2012

Heads-Up To The Amanda Knox Forces: A Case Showing How Closely The US and Italian FBIs Co-operate

Posted by Peter Quennell

Meet Doctor Mark Weinberger.

That report about his arrest in Italy was broadcast in 2009. We last posted on him here.

Weinberger was apparently a wildly successful doctor who ran a sinus clinic in Indiana and lived a wildly affluent lifestyle a few milers north outside Chicago. In 2004 he disappeared off his large yacht which was then anchored at a Greek marina, and for six years his (very impressive) wife Michelle presumed he was dead.

In the meantime she had found out that he had actually been running a huge fraud, scamming health insurance and the US government via false billing and unnecessary surgery (often botched) for many millions. And that far from being left comfortably off, she was financially wiped out.

In 2006 in absentia she divorced Weinberger and started over.

In 2009 Weinberger was captured in the Alps by the Italian equivalent of the FBI and returned to the United States as soon as his extradition was requested. In perhaps 99 percent of all US-Italian extradition cases, the fugitives are handed over by both governments very promptly. This sure wasn’t any exception.

Weinberger began to lose the first of numerous civil suits a year ago, and on wednesday he pleaded guilty to 22 criminal charges in federal court.

His prison term is set at ten years.

One moral of the tale apparently still not learned by Steve Moore and Bruce Fischer and their hapless ship of fools, so desperate for approbation, is this: much or most of the time it is the fine Italian equivalent of the FBI that they are misrepresenting and defaming.

In the past two weeks alone, we have seen new ramblings by Saul Kassin and Nigel Scott (engineered by Bruce Fischer) that to any informed lawyer are quite crazy. Kassin and Scott clearly didnt have the slightest idea WHO they were defaming or accusing of crimes.

Or how much more determined thier defaming makes the Italian FBI and other law enforcement agencies and the courts to give Amanda Knox (or Curt Knox or Edda Mellas) no special breaks.

The daffy Steve Moore first introduced this confusion way back here. And of course Bruce Fischer, Curt Knox’s hotheaded chief hatchet man, sustains it up to this day.

Eighteen months ago, Chris Mellas (whose business in Seattle is doing well) sensibly recommended from Perugia that the Knox campaign should finally acquire some cool heads and some REAL experts, and toss the trouble-making grand-standers they had acquired over the side.

Perhaps predictably, Curt Knox (whose business in Seattle is doing badly) reacted red-faced and steaming, and shot this seemingly quite smart idea down. So the abrasive, misleading, very amateur campaign goes on.

***

Added. We are now told that Frank Sforza and David Anderson are in Seattle, and Sollecito will be there soon, to actually jack up the level of defaming in the RS and AK “we were the victims” books being written.

Wow. THAT is Curt Knox’s end-game?l He ran that one past Chris Mellas? It seems universally believed in officialdom in Rome and Perugia that Curt Knox KNEW all along that Amanda did it. Apparently with good evidence.

What will he do if they charge him?

Posted by Peter Quennell on 07/27/12 at 08:13 PM • Permalink for this post • Archived in Defendants in court, Amanda Knox, The officially involved, Police and CSI, Appeals 2009-2015, The legal followups, US etc related, Hoaxers from 2007, Knox-Marriott PR, Francesco Sforza, More hoaxers • Comments here (21)

Wednesday, July 25, 2012

European Rock Singer Timo Rusanen’s Great Rock Tribute To Meredith

Posted by Peter Quennell

Postscript: View of Timo’s vidoe exceded 100,000 by 2017.

Posted by Peter Quennell on 07/25/12 at 06:10 PM • Permalink for this post • Archived in • Comments here (0)

Tuesday, July 24, 2012

Dissecting The Hellmann Report #2: How Judges Zanetti And Hellman Tilted The Legal Playing Field

Posted by Cardiol MD

The Calunnia section of the Hellmann Report is about 4 pages in a 94 page document and it covers the Knox framing of Lumumba.

The Calunnia section was used in the first post of my series (“Dissecting The Hellmann Report #1: Highlighting Representative Examples Of Its Many Bizarre Quirks” ) to demonstrate the weaknesses typical of the whole report

Following publication of that post, it was kindly brought to our attention that the contributions of Assistant Judge Zanetti were so extensive - the report is said to be argued and written throughout in his style, and far from Judge Hellmann’s - that it should be called The Hellmann/Zanetti Report.

Post #1 exemplified, among other defects, some Orwellian DoubleThink from Hellmann/Zanetti:

Early in Calunnia, on Report page 22, Hellmann/Zanetti attribute Knox’s inconsistent, and incriminating, often illogical, falsehoods and behaviours, to Knox’s confusion caused by prosecutorial oppression, from which, by unspoken implication, guilt cannot be inferred, Hellmann/Zanetti informs its readers.

However, on page 23, still in Calunnia, Hellmann/Zanetti admonishes the reader not to infer any implication of guilt from the Knox falsehood that was the very subject of Calunnia, because the falsehood “is in fact not at all logical”.

The two relevant passages, using very convoluted language, “constructively” argue:

Firstly, that if Knox uttered any falsehoods (including illogical falsehoods) it was because of prosecutorial oppression, is not evidence of guilt, and,

Secondly, that if Knox uttered any illogical falsehoods, with or without prosecutorial oppression, it was because Amanda would not say anything illogical if it was easier to tell the truth than to tell something illogical, and is also not evidence of guilt.

Among the specific defects in the Hellmann/Zanetti Report, exemplified in its Calunnia section were the Report’s ploy of flooding the discussion of each evidentiary element with real and imagined reasons-to-doubt the significance of each element.

Report #1 also mentioned the issue of whether Meredith did scream just before she died, and if so when Meredith screamed.

Hellmann/Zanetti’s endemic use of the word “certain” revealed a biased perspective, as if “certain” (as in “beyond doubt”), is Hellmann/Zanetti’s equivalent to “beyond a reasonable doubt”.

This post in my series, “Dissecting The Hellmann Report #2”, focuses on the whole Report’s constructive substitution of “certain” for “beyond a reasonable doubt”:

First we take into account a semantic quirk: In the English language the word “certain” is used in multiple senses. In the Italian language, its Italian-equivalent the word “certo” is used in a much narrower sense.

Generally, when absence-of-doubt is intended, a verb-sense is used e.g. “It is certain”. In contrast when a figure-of-speech-sense is intended an adjectival or other modifier-sense is used e.g. ”“¦a certain smile”¦”.

The Hellmann/Zanetti English translation-draft uses both of these senses.

It uses the figure-of-speech sense 12 times, but where the absence-of-doubt sense is constructively intended, it uses forms like “certainly” (41 times), “certain” (36 times), and “certainty” (11 times), for a total of 88 times.

Other ways of expressing certainty are also used.

Judge Zanetti is the one who made “opening statements” variously reported to have been “”¦nothing is certain except the death of Meredith Kercher.”, or “”¦ the only fact that is objectively certain, indisputable and that has not been discussed is the death of Meredith Kercher”.

Neither version of Judge Zanetti’s “opening statements” appears in the Hellmann/Zanetti English translation-draft, although the draft does include references informing the reader that the report contains an error (see footnotes 2 & 3 in the draft, on pp 18 & 19)

The Chief Prosecutor, Dr Galati, both in his Appellate Brief for the Supreme Court and in his oral statement at his press conference, excoriated Judge Zanetti for his start-of-trial remarks:

The second-level [first appeal] judges appear to have shown “a sort of prejudice” with the “infelicitous preamble of the judge [the author], who is supposed to be impartial”, when he declared that “nothing is certain except the death of Meredith Kercher”, which to the others [Mr Galati and Mr Costagliola] is nothing more than “a resounding preview/forecast of the judgement” and a “disconcerting” affirmation.”

Here are some examples, emphases are mine :

Page 12 ““ “It is clear that if, for the sake of argument, the DNA found on the clasp is actually Raffaele Sollecito’s, this [piece of] evidence, while yet remaining such, is of particular significance: and the same can be said for the DNA found on the handle and on the blade of the knife seized at Raffaele Sollecito’s house, provided it is certain that this is actually one of the weapons used by the aggressors.”

Hellmann/Zanetti’s 1st explicit use of the idea of certainty, in the printed document, using a qualified “provided it is certain”.

Pages 16-17:

...About the footprints, they observe that those recovered from the inside of the residence reveal the presence of Amanda Knox and Raffaele Sollecito at the scene of the crime. These are prints that in the scientific view cannot be classed as usable for positive comparisons but, however, are useful for negative comparisons, in the sense that, based on these prints one cannot reach a certain identification [23] but one can, however, arrive at a certain exclusion on the basis of the compatibility, or not, of these prints with a specific subject.

The Scientific Police (Inspector Rinaldi and Chief Inspector Boemia) were able, thus, to exclude that the footprints could be attributed, in contrast to the shoe prints, to Rudy Guede, while they were judged compatible with the characteristics of Amanda Knox (imprints recovered from her room and from the corridor) and of Raffaele Sollecito (imprints recovered from the small mat in the bathroom and in the corridor).

Hellmann/Zanetti here argue that the idea of ”˜certainty’ is asymmetric (my paraphrase), it may not justify certain inclusion, because of its mere compatibility, but it may justify certain exclusion because of its incompatibility.

This is valid and historically well-accepted; Massei had already said so.

Pages 20-21:

And so, the re”examination of the outcomes from the first instance trial, and the subsequent acquisitions [of evidence] during oral argument in the current appeal, do not confirm the hypothesis that more than one person was necessarily involved in the crime.

This hypothesis, as appears from a reading of the December 22, 2009 judgement, was shaped by substantially accepting all the arguments presented by the Prosecution and in particular holding the following items to be certain:

““ that the DNA, recovered by the Scientific Police from the bra”clasp in the murder room, be attributed to Raffaele Sollecito and that this DNA had been left behind precisely during the occasion of the murder; [28]

““ that the DNA, recovered by the Scientific Police from the blade of the knife seized in Raffaele Sollecito’s house, be attributed to Meredith Kercher and that it had been left behind during the occasion of the murder;

““ that the wounds present of the body of Meredith Kercher, by their number and their directions, as also by their various characteristics (length of wound, width, etc.), could not have been occasioned by a sole aggressor but by multiple aggressors;

““ that the absence of defensive wounds on Meredith Kercher’s hands and arms confirm the necessary participation of more than one person in the aggression; ““ that the ingress into the interior of the via della Pergola apartment had been allowed by the only person who, in that moment ““ apart from Meredith Kercher ““ had the means of doing so, that is to say, by Amanda Knox, the Court of Assizes of Appeal having held that the ingress through the window, by means of breaking of the glass, was no more than a mise”en”scène to falsely lead the investigations towards unknown authors of an attempted theft.”

Hellmann/Zanetti here lay a reasonably neutral factual-foundation, before launching their attack.

Page 30. re [42] Defense-witness-statements of Alessi, Aviello, Castelluccio, De Cesare, Trincan:

“¦.If these testimonies cannot be considered as evidence in favour of the present accused, this does not mean, however, that they can be considered ““ as argued by the prosecution ““ as circumstantial [evidence] against them. That these witnesses decided to report such circumstances, hypothetically in favour to the accused, either spontaneously or solicited by others is of no importance; it is certain that there is no evidence to maintain that it was the present accused, (who did what?) arrested a very few days after the event and, therefore, held in prison for years, to plot such a plan, so that the unreliability of [43] these witnesses cannot be considered as confirmation that the defendants provided a false alibi.

Hellmann/Zanetti here slip-in an unnecessary, incomplete, assertion to protect the false alibi. It was already obvious that those witnesses were brought-on in defensive desperation to distract, and didnt seem important to the issue of the false alibi, one way or the other.

[Added: Cardiol edit of 7 Aug. 2012: Until the translation by PMF of the first half of Galati’s Appeal reached me on 6 August after writing this, most of us did not realise that Hellmann/Zanetti had improperly omitted, selectively & deliberately, Aviello’s statements which in fact are crucially important, not only to the issue of the false alibi, but also to the issue of AK/RS’s very guilt. Therefore I retract the “didnt seem important” above. Hellmann/Zanetti’s “slip-in” seems deliberately incomplete, to protect their own criminal misconduct.]

Page 49:

3. Taking into account that none of the recommendations of the international scientific community relative to the treatment of Low Copy Number (LCN) samples were followed, we do not accept the conclusions regarding the certain attribution of the profile found on trace B (blade of knife) to the victim Meredith Susanna Cara Kercher, since the genetic profile, as obtained, appears unreliable insofar as it is not supported by scientifically validated analysis;

Hellmann/Zanetti here buy into the questionable DNA testimony (“not supported by scientifically validated analysis”) of Stefano Conti and Carla Vecchiotti, whose consultancy is called “˜illegal’ in the Supreme Court appeal of Chief Prosecutor Dr Galati.

More to follow in the next posts in my series.

Also here by another of my lawyer colleagues, SomeAlibi.

Posted by Cardiol MD on 07/24/12 at 05:35 PM • Permalink for this post • Archived in The officially involved, The prosecutors, Supreme Court, Appeals 2009-2015, Hellmann critiques • Comments here (37)

Saturday, July 21, 2012

Ominous Development For Sollecito And Knox: A DNA Conviction Based On A Tiny Sample Of DNA

Posted by The Machine

[Burgess, image below, murdered Yolande Waddington and, above, Jeanette Wigmore and Jacqueline Williams]

There is a HUGE dagger hanging over Sollecito and Knox. A UK case resolved this week indicates why.

New tests on the DNA sample on the large knife found in Sollecito’s house which the independent DNA experts refused to do, and the judges failed to re-order despite a strong prosecution request, could result in Knox and Sollecito being ultimately convicted and secure Knox’s extradition to serve out her term.

Lawyers consider it a dead certainty that the Supreme Court will order those tests - that is if they dont throw out the entire Hellman/Zanetti judgment for illegal scope, or throw out the DNA report for illegally having been ordered in the first place.

(1) Summary of the UK case

David Burgess this week was convicted in Reading of murdering Yolande Waddington, 17, some 46 years after the crime was committed, thanks to all the advances in DNA technology. Back then, he was already convicted of killing Jeanette Wigmore and Jacqueline Williams.

Burgess is the latest person in Britain to have been finally found guilty of murder years after his crime was committed. Nat Fraser, Gary Dobson and David Norris had been convicted of murder this year after evading justice for a number of years.

In September 2010, Thames Valley Police reviewed the case and with advances in DNA techniques finally gathered the evidence which resulted in Burgess being convicted of Yolande Waddington’s murder.

Forensic experts obtained a partial DNA profile from the blood samples using a new technique called MiniFiler. It differs from previous methods as it can obtain information from smaller pieces of DNA. This is ideal for older cases where samples have degraded over time.

According to the manufacturer’s website

[The MiniFiler kit] increases your ability to obtain DNA results from compromised samples that previously would have yielded limited or no genetic data. This means cold cases can come off the shelf for re-analysis and new, challenging samples have a better chance of delivering interpretable results.

When David Burgess attacked Yolande, he left blood on a number of Yolande’s items, including her hair band and comb. Tests showed the chances of the DNA found on the comb and hair band not being Burgess’s were not more than one in a billion.

[Below: David Burgess then and now who had taunted the police a year ago to “prove it”]

(2) Here are the implications for RS and AK

It puts the 46-day delay (caused by the defenses) in retrieving the bra clasp into perspective.

It’s not the first case of somebody being convicted of murder decades after the crime took place on the strength of DNA evidence. Ronald Castree was convicted of murdering Lesley Molseed 32 years later.

It also highlights the arrogant negligence of the DNA consultants Stefano Conti and Carla Vecchiotti who had refused to carry out ordered test on the knife for flimsy reasons (“the technology is experimental” when it wasn’t) that no US or UK court would have accepted. They had been specifically instructed to do the tests if possible by Judge Hellmann.

At trial in 2009 it was accepted that Amanda Knox’s DNA was found on the handle of the knife sequestered from Sollecito’s kitchen. There still is no argument about that.

And a number of independent forensic experts - Dr. Patrizia Stefanoni, Dr. Renato Biondo, Professor Francesca Torricelli and former Caribinieri General Luciano Garofano - had all confirmed that Meredith’s DNA was found on the blade.

Even Greg Hampikian, a forensic expert who argues Knox is innocent, concedes that Meredith’s DNA was definitely found on the blade.

Stefano Conti and Carla Vecchiotti didn’t know that Dr Stefanoni analysed the traces on the knife a long six days after last handling Meredith’s DNA. Contamination couldn’t possibly have occurred in the laboratory after so long a gap.

At the appeal, Professor Guiseppe Novelli testified that there are a number of laboratories that now have the latest accepted technology to carry out a new test on the remaining DNA on the knife.

The fact that Judge Hellmann denied the prosecution the opportunity to present evidence to the contrary was a violation of the procedure code. Italian law states the following:

If new evidence about a point is admitted, evidence a contrario proposed by the opposing party must always be admitted too.

Dr Giovanni Galati has now argued in his appeal to the Supreme Court that Judge Hellmann should have allowed a new test to be performed because the technology is NOT experimental but cutting edge. Summary here:

The second [point concerns] the decision to not allow a new forensic investigation requested by the prosecution at the end of the ruling discussion. In the appeal to Cassation it is written that the Appeal Court’s rejection reveals “contradictoriness/contrariness and demonstrates manifest illogicality in the grounds for the judgement/reasoning report”.

As remarked at the top, if the entire judgment or the DNA report are not thrown out for illegal scope, Judge Hellman’s refusal to allow the prosecution’s request to allow a new test on the knife will be the main reason why his verdict will be revoked.

Under Italian law RS and AK still stand accused until the Supreme Court signs off. Anyone who is concerned with the truth and justice and what Meredith stood for and the good name of Italy will want to know whether the remaining DNA on the knife is Meredith’s.

If Meredith’s DNA is identified on the knife it should make conviction and extradition a slam dunk..

[Below: ViaDellaPergola’s video first posted 18 months ago and still relevant]

Posted by The Machine on 07/21/12 at 03:51 PM • Permalink for this post • Archived in Evidence & Witnesses, DNA and luminol, Appeals 2009-2015, Hellmann 2011+, Cassation 2013, Hoaxers from 2007, Hoaxers from 2011, Greg Hampikian • Comments here (35)

Friday, July 20, 2012

Dissecting The Hellmann Report #1: Highlighting Representative Examples Of Its Many Bizarre Quirks

Posted by Cardiol MD

[Above: Judge Hellman. At bottom: Judge Zanetti, who may have written the sentencing report]

Milan and Rome are the main venues for Italy’s important business trials. Those in Perugia are small and relatively obscure.

In contrast Perugia handles very important criminal investigations for the central government when there are conflicts of interest in Rome. So Perugia was handed the very sensitive and politically explosive investigations into Rome politicians siphoning funds from the 2006 winter Olympics construction and the 2010 earthquake damage reconstruction.

This explains why Dr Galati the chief prosecutor for Umbria was transferred from the Supreme Court in January 2011 where he had been a deputy chief prosecutor and why he has a high profile throughout Italy. And why Judge Hellman, a business judge, is almost unknown outside Perugia who at times seems a little cranky with his lot in life. His co-judge Massimo Zanetti, also little known, handles civil trials.

Read in Italian, Dr Galati’s Supreme Court appeal against the Hellman/Zanetti appeal verdict which is some pages longer than the Hellman & Zanetti report, is absolutely scathing. (The team will have the PMF translation ready soon.) Dr Galati seems almost offended to be facing what he seems to see as a childish and legally inferior piece of work.

Dr Galati takes Hellman & Zanetti apart at three levels, as the Perugia media summarised at his press conference five months ago.

First, that the scope is illegally wide for an appeal judgement. Second, that the DNA report by Stefano Conti and Carla Vecchiotti (which concluded with innuendo rather than firm findings) was unnecessary at the appeal level and should never have been commissioned. And third that Hellman & Zanetti are out of order in their subjective interpretations of trial evidence their appeal court mostly didnt look at, and trial witnesses their appeal court never saw.

As a lawyer in the common-law systems of the US and UK I have read plenty of equivalent arguments by judges which logically and legally and objectively almost always hit a very high plane.

On the Hellman & Zanetti report I have to agree with Dr Galati. This seems a dismally inferior piece of work.

To me this document reads like the work-product of a naïve freshman law student in appellate procedure class submitted with no reasoned presentation of facts and evidence as a defendant’s brief, instead of as the official report of a Regional Court Of Assizes Of Appeal submitted in the name of the Italian People with a sober presentation of Facts and Evidence and a reasoned Explanation of Conclusions.

In my view and surely Dr Galati’s it deserves no more than an F.

The Hellman/Zanetti report is emotional and hyperbolic, but it is neither persuasive nor professional. Its faults are so densely packed that any TJMK series fully analyzing them would need more space than posting of the full Hellmann/Zanetti Report.

The calunnia section alone (2,447 words long) to do with Knox’s framing of Lumumba has more than 50 dubious statements. It is also short enough to demonstrate here the weaknesses typical of the whole report, despite this section’s secondary bottom-line significance.

The very first line of this section (beginning on page 21 of the PMF translation) typifies the tone of the whole Report.

The “spontaneous” declarations rendered by Amanda Knox on November 6, and the “¦”¦.

Note Hellmann & Zanetti’s contemptuous use of quotation marks here.

On the same page Hellmann & Zanetti begin a paragraph thus: “According to the hypothesis of the prosecution”¦”, but then don’t go at all to state the real hypothesis of the prosecution.

Instead, Hellmann & Zanetti glide smoothly into preposterous “˜straw-man’ sophistry in which he attributes to the prosecution his own speculative and prejudiced conclusions, instead of the hypothesis the prosecution did submit:

Amanda Knox, at that point exhausted from the long interrogation, and above all demoralized by having learned from the people interrogating her that Raffaele Sollecito had, so to speak, abandoned her to her destiny, denying the alibi [30](Motivazione page number) that he had offered her up to then (having spent the whole night together at Sollecito s house), supposedly resorted to a final defence effort, representing more or less what actually happened in the house at via della Pergola, but substituting Patrick Lumumba for Rudy Guede in the role of protagonist: one black for another, to quote the Prosecutor.

This Court does not share the hypothesis of the prosecution.

Actually this (Hellmann & Zanetti) court misrepresents the hypothesis of the prosecution as argued above.

“...exhausted from the long interrogation, and above all demoralized” These do not need further comment. They are Hellmann & Zanetti’s own biased edits, disguised as prosecutors’ hypotheses.

“...having spent the whole night together at Sollecito’s house…” Here Hellmann & Zanetti seem to blithely assume the truth of Knox’s disputed alibi, but is probably merely repeating what her alibi was not “blithely” assuming it to be the truth. If so he should have used the proper quotation marks.

So do Hellmann & Zanetti sympathise with Knox’s demoralization at the denial of her false alibi? How do they explain the apparent conflict between “˜more or less what actually happened’ and “˜spent the whole night together at Sollecito’s house’? See later.

“”¦representing more or less what actually happened in the house at via della Pergola”¦” Here, Hellmann & Zanetti begrudgingly seem to acknowledge that Knox was present in the house at via della Pergola, but later will disavow any guilt on Knox’s part, except for her calunnia offence.

Continuing on the first page of his report’s calunnia section, Hellmann & Zanetti state:

The obsessive length of the interrogations which took place day and night and were conducted by several people questioning a young and foreign girl, who at that time did not understand or speak the Italian language well at all, ignorant of her own rights and deprived of the advice of a lawyer, to which she would have been entitled since she was”¦”¦

“...obsessive length…” This seems too obviously inappropriate to need further comment. The interrogations themselves were actually quite short.

“...took place day and night… ” This is factual, but hyperbolic; included for both dramatic implication and dramatic inference.

“...young…” Youth is a mitigating factor in Italian law, so Hellmann & Zanetti’s reference to Knox as “˜young’ is not an irrelevancy, but they do allude to the youth of the persons involved over three times more frequently than Judge Massei did.

“...foreign…” This is also relevant because Knox was not fluent in Italian, although an interpreter was provided.

“”¦ignorant of her own rights”¦” This is true in almost all criminal cases, but there are no signs here that Knox’s rights were trampled on.

“”¦deprived of the advice of a lawyer, to which she would have been entitled”¦” She was only a witness at this point so a lawyer was not required under the Italian code.

My understanding is that Knox was in fact informed that she had the right to the advice of a lawyer, was offered such advice, but declined it. So “deprived” again smacks of the Hellmanian or Zanettian hyperbole-for-dramatic-effect.

There are many other dubious statements in Hellman & Zanetti’s calunnia section. Here are a couple of typical ones:

”¦.Amanda Knox, who had no reason at the beginning to be scared, entered into a state of stress and oppression as a consequence of the interrogation and the way it took place.

The dispute, yet to be resolved with a reasoned explanation by the Hellmann & Zanetti Court, was whether Knox and Sollecito were guilty or not guilty.

Here, Hellmann & Zanetti have already assumed Knox’s plea of Not Guilty to have been proven, though they have offered no reasoned explanation for such assumption.

Guilty or Not Guilty, Knox actually did have every reason to be scared, merely because normal Discovery-Procedures can be scary; other members of the group of Discovery witnesses were scared too. (I use “Discovery” in the sense of legal disclosure, including but not restricted-to the discovery-of-Meredith’s-body.)

If Guilty, Knox had additional real reason to be scared.

It is in fact not at all logical to assume that Amanda Knox, if she had actually been an accomplice [concorrente] in the crime, could hope that giving Patrick Lumumba’s name”¦”¦could have somehow benefited her position”¦.

Hellmann & Zanetti’s sophistry consistently requires the reader, elsewhere, to attribute Knox’s inconsistent, and incriminating, often illogical, falsehoods and behaviours, to Knox’s confusion caused by prosecutorial oppression. Some of those falsehoods were used by Knox very obviously in the hope of benefit to Knox.

But now, Hellmann & Zanetti inconsistently require the reader to believe that it is not at all logical to assume that Knox could hope to benefit from one of her falsehoods.

But of course Knox could hope to benefit from one of her falsehoods.

Elsewhere in its Calunnia section (page 22 of the translation) Hellmann & Zanetti had already argued, that

“¦.the fact that the caresses, simple signs of tenderness between two lovers, could have been a way of comforting each other”¦..

Here, Hellmann & Zanetti are deceptively implying that lovers comforting each other, having (only) an innocent construction, excludes the existence of a factor additional to love, namely that of a guilty-pair afraid of exposure as a guilty-pair.

The potentially most incriminating issues in this case are whether Meredith did scream just before she died, and if so when Meredith screamed.

The Amanda Knox and Raffaele Sollecito “innocentisti” members know this, but they avoid focus on it in order to minimize attention to those issues, as crucial as they are.

A key focus-avoidance ploy is to confuse the issue by isolating each element of evidence from every other element and flood discussion of each element with real and imagined reasons-to-doubt the significance of each element.

By doing so, perception of the location of Reasonable Doubt, in the mind of the designated Finder(s)-of-Fact, may be displaced so far away that they conclude that Guilt cannot be reached, and that the Defendant(s) are Not Guilty beyond a doubt that is a Reasonable Doubt.

This defense ploy is being employed more and more in criminal trials, and is much employed in Meredith’s case, or as it has become, Amanda Knox’s case. The Supreme Court of course will totally ignore such legal nonsense.

The first-ever documented references to Meredith screaming just before she died came from the mouth (and hand in the case of her notes) of Amanda Knox herself.

Hellmann & Zanetti do not, at first, seem to doubt that a scream was heard by witness Capezzali that night.

However, they introduce the issue of scream under the Heading Time of death, which they characterize as “extremely weak for its ambiguity, since it cannot even be placed with certainty”, as if lack of “certainty” is way-below reasonable doubt (as in “required to reach a guilty-verdict beyond-a-reasonable-doubt”), obfuscatingly merging them into each other.

Hellmann & Zanetti then cast doubt on whether any witness(es) heard any-scream-at-all that particular night and/or time, because he supposed (innocent) screams were to be heard there on many nights and at many times.

Hellmann & Zanetti stated that their Court had “no real reason to doubt” that a scream occurred at night in the general vicinity of Meredith’s house NOR to suspect that witnesses who testified that they had heard a scream had not heard a scream.

What Hellmann & Zanetti claim that they do doubt is that the scream witnesses testified to having heard occurred at a sufficiently specified definite time, or that the scream they said they heard had actually occurred on the night of Nov. 1-2, 2007, and that even if such a scream did occur it is not “certain” that the scream was Meredith’s scream.

Hellmann & Zanetti’s use of “certain” reveals a biased perspective. It is as if “not certain” is now Hellmann & Zanetti’s equivalent to “not beyond a reasonable doubt.

A well-known saying goes “If it looks like a duck, walks like a duck, and quacks like a duck ““ it’s a duck.”

Applying the evidentiary-item-isolation-ploy to that saying, multiple doubts are introduced as to each item, with the intended result of promoting enough doubt to exclude it, too often successfully.

This could be called the Ugly Duckling Effect, after H.C. Andersen’s Fairy Story ““ here Hellmann & Zanetti seem to want us to conclude that Amanda Knox is a swan, and is not really an ugly duckling.

[Below: Judge Zanetti at left probably wrote the report that Judge Hellman may not have liked]

Posted by Cardiol MD on 07/20/12 at 08:05 AM • Permalink for this post • Archived in The officially involved, The prosecutors, Supreme Court, Appeals 2009-2015, Hellmann critiques • Comments here (28)

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