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.

Tuesday, February 07, 2012

Knox Team to Appeal Conviction And 3-Year Sentence For Framing Patrick Lumumba

Posted by Peter Quennell

[Above: the Supreme Court of Cassation]


Appeals against Judge Hellman’s rulings must be lodged in Rome by 18 February.

Now Reuters is reporting a Knox-team appeal apparently announced by David Marriott. The Knox team probably had little choice but to lodge this seeming long-shot of an appeal.

Judge Hellman’s ruling left her “half pregnant” facing a hard-line and unbendable Supreme Court and it left her mom and dad more vulnerable in their own trial for calunnia for claiming in a UK interview that Knox only “confessed” in fingering Patrick because of duress.

Explanation of calunnia

The charge of calunnia (art. 368) has been commonly translated as “slander” in the English/US media. This translation is incorrect, however, as calunnia is a crime with no direct equivalent in the respective legal systems.

The equivalent of “criminal slander” is diffamazione, which is an attack on someone”Ÿs reputation. Calunnia is the crime of making false criminal accusations against someone whom the accuser knows to be innocent, or to simulate/fabricate false evidence, independently of the credibility/admissibility of the accusation or evidence.

The charges of calunnia and diffamazione are subject to very different jurisprudence. Diffamazione is public and explicit, and is a more minor offence, usually resulting in a fine and only prosecuted if the victim files a complaint, while calunnia can be secret or known only to the authorities. It may consist only of the simulation of clues, and is automatically prosecuted by the judiciary.

The crimes of calunnia and diffamazione are located in different sections of the criminal code: while diffamazione is in the chapter entitled “crimes against honour” in the section of the Code protecting personal liberties, calunnia is discussed in the chapter entitled “crimes against the administration of justice”, in a section that protects public powers.

Judge Hellman essentially contradicted Cassation’s ruling on Guede which agreed strongly that Guede and two others did it (Judge Hellman of course went for the very tenuous lone wolf approach which Judge Micheli and Judge Massei both shot down in some detail) which had many lawyers in Italy doing double-takes. 

Knox in fact fingered Patrick when she was merely a witness who had not even been invited to Perugia police headquarters for the evening and who had volunteered for the questioning.

The interrogators have all claimed she was under no duress except the duress of hearing that Sollecito in the next interrogation room had just called her a liar and destroyed the latest of her various alibis.

Then she had several weeks (as did her mom) to move to spring a devastated Patrick from an adjacent wing in Capanne prison, but of course she didn’t.

Her lawyers never lodged a complaint against the claimed duress and on the witness stand at trial in mid-2010 the prosecutors actually got her to admit that she was treated well.

Key at this stage may be that Knox cannot use her natural advantages of being young and rather dopey and of being able to speak up in court at any time, not under oath or cross-examination, which she used twice in front of Judge Hellman (with lusty sobs and tears for herself and no caring for Meredith).

Cassation works like Supreme Courts elsewhere in Europe and the United States They receive the written appeals and then months or even years later hold very brief hearings, and then almost immediately issue a ruling. It looks to us like the case almost certainly gets bounced back to Perugia - and a new judge - for re-working.

Judge Hellman may have found Patrick’s highly aggressive lawyer impossible to overrule, and he would have been wildly unpopular in Italy to leave Patrick without even his small settlement. If Patrick’s lawyer does not somehow react to this appeal it will be a surprise. He may have the opportunity for rebuttal.

This case has thrown up a lot of possibilities for shortening the Italian process in murder cases and leveling the playing field in favor of victims and families. We’ll round up and post ideas for such reforms already being pushed in Italy by reformers such as Barbara Benedettelli.

Reforms might include no right to defendant statements in court without the possibility of cross-examination, the limiting of judges’ scopes in first appeals, and no jury being required for those appeals.

But everybody sure appreciates those judges’ and juries’ written statements. A precedent the whole world could use.

Saturday, February 04, 2012

Good News For Hard-Pressed Italy On Economic Growth On Two Surprise Fronts

Posted by Peter Quennell

Demonstrations against forced austerity are happening daily in Italy, and along with all other arms of government justice is being impacted.

We hope this wont affect a just resolution of Meredith’s case - but who knows?  Two things happened last week that might help to keep justice on the rails.

At last week’s Euro summit European leaders (video above) showed they are waking up to the fact that austerity programs like Italy’‘s and Greece’s and Spain’s alone could do permanent nightmarish damage.

Italy’s youth unemployment has just passed 30 percent and Greece’s and Spain’s passed 50 percent a few weeks ago. High levels of unemployment like this could be permanently baked in if austerity is the only “solution” entered into.

The UN’s International Monetary Fund located in Washington United States has long been criticised for austerity and excessive concerns over equilibriums which often nip growth in the bud.

But at the annual economic forum in Davos Switzerland the head of the IMF of all people showed a promising new face. She actually came out and said European austerity is not enough and active growth measures are also absolutely vital.  Here is the BBC’s report.

But neither the European leaders nor the IMF head described last week what such active growth measures would look like. It’s still blind leading the blind. They are all late to the game that the Asian economies have got quite good at (at their present level) in recent years.

Next post: the art of the possible. What cutting-edge state-of-the-art growth measures actually look like.

Wednesday, January 25, 2012

The Curt Knox And Edda Mellas Diffamazione Trial Will Resume In Perugia 30 March.

Posted by Jools

First, here is an explanation of diffamazione.

The charge of calunnia (art. 368) has been commonly translated as “slander” in the English/US media. This translation is incorrect, however, as calunnia is a crime with no direct equivalent in the respective legal systems.

The equivalent of “criminal slander” is diffamazione, which is an attack on someone”Ÿs reputation. Calunnia is the crime of making false criminal accusations against someone whom the accuser knows to be innocent, or to simulate/fabricate false evidence, independently of the credibility/admissibility of the accusation or evidence.

The charges of calunnia and diffamazione are subject to very different jurisprudence. Diffamazione is public and explicit, and is a more minor offence, usually resulting in a fine and only prosecuted if the victim files a complaint, while calunnia can be secret or known only to the authorities. It may consist only of the simulation of clues, and is automatically prosecuted by the judiciary.

The crimes of calunnia and diffamazione are located in different sections of the criminal code: while diffamazione is in the chapter entitled “crimes against honour” in the section of the Code protecting personal liberties, calunnia is discussed in the chapter entitled “crimes against the administration of justice”, in a section that protects public powers.

The suit against Curt Knox and Edda Mellas will commence in earnest on 30 March.

That is two days after the scheduled start of the Sollecito family trial in Bari for alleged subversion of justice, and about six weeks after the prosecution lodges its grounds for appeal with the Supreme Court against the appeal verdict on Amanda Knox and Raffaele Sollecito. 

The defamation charges were lodged not by the Perugia prosecutors’ office but by those who considered themselves to have been defamed. Under their rules they are required to do that to safeguard the system.

Amanda Knox is quoted as saying how much she likes Italy and how she would like to be at that trial.

Amanda Knox “loves Italy and likes Perugia”.

She wants to return as a tourist but, if necessary, she’ll do so to testify in the trial against her parents”. To say as much was one of the defenders of the American [female], lawyer Carlo Dalla Vedova. Words came in the space of the proceedings for defamation against the parents of the student from Seattle, which is taking place in Perugia.

The name of Amanda Knox was included in the list of trial witnesses that the defence for Kurt Knox and Edda Mellas, lawyers Dalla Vedova and Luciano Ghirga intend to call to testify in court. “Both are accused of libel through the press in an interview which appeared in 2009 on the website of The Sunday Times” in which they spoke of alleged abuses on her daughter at the police headquarters during the questioning for the investigation into the murder of Meredith Kercher. For which crime Knox was provisionally acquitted on appeal.

In the meantime today the single judge Giuseppe Noviello has rejected an instance by the defence in relation to the territorial incompetence of the Perugian judiciary in dealing with the court proceedings.

“Amanda - said Dalla Vedova - is very interested” in the trial hearings against her parents and to which she is accused of calunnia, also against the flying squad police agents”. With her lawyers she maintains a correspondence by e-mail and every now and then they speak on the phone. “We have not seen her again ““ explains Dalla Vedova - since she was acquitted and went back to the United States. At Christmas though we exchanged greetings and yesterday she sent me an email asking for information on today’s hearing. Tonight I will tell her how it went”.

For the record the hearing in question was then postponed to March 30. On that date the witness for the prosecution will be heard. Then will be the turn for defence witnesses.

Tuesday, January 24, 2012

So What Can Seattle Offer Visitors That Arrive From Perugia? Fish Throwing!

Posted by Peter Quennell

This is a serious art form. All Seattle’s own. Seattle readers are very welcome to explain.

Images here of the terrific Pike’s Place Market in downtown Seattle (with its back incongruously to the sea - well, to the smallish bay off Puget Sound that goes by the name of Seattle harbor) because the Commune of Perugia still runs a an English-language web page promoting the tourism of Seattle.

Where is the fun at in Seattle? The real answer is everywhere, but just to name a few”¦.  The Pike Place Market is a must see, and trust that you won’t want to experience it just once.

It is nicknamed the “Soul of Seattle” for good reason.  With a never ending selection of food, including giant artichokes, specialty wines, and fresh fish caught from the sea that morning, let your taste buds lead the way.

Restaurants surround the market specializing in any type of food that you are craving, including several Italian restaurants.  You won’t go home hungry.

In between sampling every food there is to offer, you can watch the street musicians as well as visit any of the quirky shops that have everything from a store selling only books for women to a store that sells solely magic tricks.

If it is your first time visiting the market, consider signing up for the “Chef’s Tour of the Market” where some of Seattle’s top chefs lead groups through the market for a tour and follow up by taking the group back to their very own restaurant to cook lunch with the items they purchased on the tour.

To learn more about the market and the fun it has to offer, check out the website at http://www.pikeplacemarket.org/

Friday, January 13, 2012

Umbria’s Chief Prosecutor Will Proceed Against Knox And Sollecito And Also Aviello

Posted by Peter Quennell

Above: Cassation. Image replaced till we are sure we have one of Dr Galati. See comment in thread below.]


Dr Giovanni Galati is the region of Umbria’s chief prosecutor. He was appointed by the Minister of Justice last year. Previously he was a high-profile and very successful Deputy Prosecutor General at the Supreme Court of Cassation in Rome.

The chief-prosecutor post in Umbria is a sign of great official confidence in Dr Galati. His office in Perugia is one of the best staffed and most formidable of that of any of Italy’s 20 regions. The principle reason for this is that the Perugia office serves as a national surrogate for Rome prosecutors where national political cases are concerned.

His office has been investigating corruption in construction related to the Winter Olympics in 2006 and the severe earthquake in 2010. Parliamentarians in the party of former Prime Minister Berlusconi (which is also the party of Sollecito defense counsel Gulia Bongiorno and Amanda Knox acolyte Rocco Girlanda) are among those now being investigated. Several or some MPs could end up in prison and the parliamentary party severely damaged..

Mr Berluconi’s party is no longer the lead party in the governing coalition in parliament, but it was the lead during the whole of the first-level Knox and Sollecito appeal in Perugia up to the surprise verdict from Judge Hellman. Berlusconi, Bongiorno and Girlanda seem to have all had good reasons to humiliate Giovanni Gelati and his team.

Now Dr Galati gets to fight back.

Reporting items of breaking news on Meredith’s case on her excellent Twitter feed ( @andreavogt )  the Italy-based reporter Andrea Vogt has already reported that Dr Galati is preparing to proceed with a forceful Cassation appeal of the appeal verdict.

Andrea Vogt also reports that the defense super-witness and Mafia super-snitch Luciano Aviello will face a slander hearing in Perugia on 24 May. This may be a smart tit-for-tat move by Dr Galati as Judge Hellman did seem to have bent over backward in his report to ridicule all the prosecution witnesses - most of whom he never even set eyes on.

It may also be a smart taunt directed at Giulia Bongiorno. On the witness stand during the appeal, Mr Aviello claimed that Ms Bongiorno had channeled suggestions to his prison of bribes from the Sollecito family for false testimony. She angrily said she would sue him - but so far she hasn’t launched a suit. 

Dr Galati is said to respect Mr Mignini, and to consider that his sliming and the sliming of the police investigators by the Knox forces has been way, way, way over the top.

During the appeal Dr Galati appeared twice in the courtroom to show solidarity with his prosecution colleagues. He addressed the court at the start of October on what he considered severe shortcomings in the DNA report written by Stefano Conti, Carla Vecchiotti and the peripatetic grandstander Greg Hampikian.

Our main poster Tiziano translated this from La Nazione.

The new Prosecutor General of Perugia, Giovanni Galati, spoke briefly in Court in support of his colleagues. He wished to “show his complete support of all the matters raised by his colleagues, in particular as far as the expert report is concerned.”

Seated next to the deputy Prosecutor General, Giancarlo Costagliola, Galati spoke before the Court affirming that it had seemed “his duty” to inform himself on the proceedings in court.  “I hope that the Court’s decision will be the fruit of a dignified confrontation of the parties.”

Referring to the expert report of the consultants named by the Court ... he spoke of “evident gaps” and “evaluations [which had been] not requested.”

Last month there was an official function involving Dr Galati and the mayor of Perugia and the chief judge of the Umbria appeal court to initiate Italy’s first online system to allow every interested party to track the progress of court cases and appeals and to obtain all the public documents.

It was not said at the time that one reason for such an open information system is to counter the massive misinformation put out by the Knox and Sollecito forces - but smart people in Italy are not slow to connect up the dots.

Dr Galati’s grounds for the appeal to the Supreme Court (where until recently as mentioned above he was a trusted main player) will be published by February 18th. He does know that court.

Friday, January 06, 2012

Knox Movie Offer Is Sharply Withdrawn; Hardly Helpful to Knox Book Agent Robert Barnett

Posted by Peter Quennell

There have always been several huge problems in the promotion of Amanda Knox.

One problem is that Knox is not the real victim in the case and a great deal of compassion still resides for Meredith. Earning windfall blood money from the cruel death of a claimed close friend is hardly a classy way to go. 

A second problem is that we are still only at the end of the second act of a three act play in terms of the trials and appeals, and the Italian Supreme Court in the third act to come will almost certainly be no gullible pushover. And a whining or inaccurate book or movie demonising Italy and Italians (as her complaints about Capanne already have done) might not help her legal prospects one little bit. 

A third problem is that Italy’s officialdom and its population tend to maintain a hard and unblinking belief in the evidence against Sollecito and Knox, especially as the million dollar PR campaign largely flew below the radar there and they saw much of the hard case and a callous Knox live on TV. For example in Florence and Milan.

A fourth problem is that Amanda Knox and her personal life and her trials and time in Capanne are likely to be a low-viewership yawn. Our main poster Lauowolf did a great job last October of pointing this out.

Does her story have the makings of a Hollywood blockbuster?  Probably not.

For one thing, the producer types would have to know that the case is still live.  The public won’t be keeping track of that, or at best will be considering it a case of the prosecutor continuing to seek revenge.

But people looking to invest millions of dollars in movies tend to go into all the fine print. And the looming third trial in 2011 is just the kind of complication they are likely to want to avoid.  And there’s just too much inconvenient information floating around about the story.

Finally, there really isn’t that much “there” there with Amanda Knox herself.  What would her storyline be, anyway, and who does it appeal to? 

• Is it the story of the young lovers, AK and RS?  Nah, AK and RS are not going to complete the story arc for them, so no drama-romance. And you can’t substitute the Seattle boyfriend, because he’d look like a fool.
• Is it the story of Edda, getting her daughter back, a la Not Without My Daughter?  Nah, Amanda is getting a bit old for that storyline to work. The PR played out this line in Amanda’s absence, so that it is already stale, and besides, the target audience is wrong.  The Lifetime movie worked that thread, and it didn’t really do all that well.
• Is it a story of Amanda suffering, arrested, in prison, on trial?  Nah, there really isn’t much filmic going on there.  Arrested people end up sitting in rooms, and prison is boring.  Even if they wanted to spend a lot of time on AK giving the performance of her life in court, they’d have to deal somehow with the accusations and evidence. And they really, really don’t want to do any of that.
• Is it the story of Amanda herself?  Nah, the PR has reduced her to such a little painted doll that there isn’t anything to be done with her.  Seriously, weekly mass and the prison choir? Or hanging out with the middle-aged married Italian political type? Who wants to watch a movie of that?  They’ve set her up as a frail, pale victim, and it is difficult to create an entire movie focusing on someone being done to, rather than doing.

Now there is a FIFTH problem looming large.

The up-and-coming movie producer Chad Verdi (left above) has just announced that he has withdrawn a million dollar offer for a Knox movie, implying that he may have been misled. This statement is likely to chill the prospects for any other.

Rhode Island Producer Chad A. Verdi has withdrawn his official offer of One Million Dollars (U.S. $1,000,000) for Amanda Knox’s life rights. The film was to be produced by Mr. Verdi and Noah Kraft if a deal could have been reached. The offer was made through Verdi Productions and was being handled by Hollywood entertainment attorney, Anita First.

Mr. Verdi, the President and CEO of Verdi Productions (VP), stated, “After reviewing all the information we had involving the Knox case, I have decided it was not the inspirational feel good story that VP was looking for and we have withdrawn our offer.”

Very well done, Mr Verdi. That is an act of some class.

The prominent and respected Washington lawyer and book agent Robert Barnett (right above) was seemingly roped in by Knox PR chief David Marriott a month ago to work miracles for Knox in the field of book publishing.

Robert Barnett seems to have made no public statement about it as yet.  Seemingly Mr Barnett and all those other supposed eager book agents did not exactly come looking for a deal.

If you read how the Washington Post describes it, the deal was very much promoted by a frenetic Marriott.

“He has a very strong resume,” said Knox family spokesman Dave Marriott, who announced the deal Monday…

Why Barnett? His name “popped up in conversations with many people,” Marriott told us. Though he doesn’t call himself a literary agent, Barnett knows his way around seven-figure deals (he’s also repped James Patterson, Mary Higgins Clark, Rosie O’Donnell and Barbra Streisand) “” and the Knox family liked the fact that he’s a lawyer with a powerful firm behind him.

Another plus: He’s arguably a bargain, charging a hefty hourly fee instead of the standard 15 percent commission. He was hired after flying to Seattle and meeting with the Knox family.

A bargain? Hmmm. Perhaps Mr Barnett is at this very moment reading the same judges’ reports and the other in-depth materials that have turned off Mr Verdi, and wondering whether he was snowed. 

Or reviewing his hourly fee.

Friday, December 30, 2011

NYC Turns To The Only Country In The World That Can Handle Two Ultra Complex Projects

Posted by Peter Quennell

New York City turns to (of course!) Italy for two large infrastructure projects.

One project is the laying of a 660 megawatt power cable diagonally across the Hudson from midtown Manhattan to Edgewater in New Jersey just below the George Washington Bridge.

The ultra high capacity cable was manufactured in Italy and is now being laid by a specialized Italian cable laying vessel, the Giulio Verne (home port Naples), which every night is lit up on the Hudson like a Christmas tree.

The ship digs and backfills a trench for the cable as it goes. The Italian crew is fired up with expresso coffees every hour on the hour as this New York Times article describes.

The other project is the excavation, now largely complete, of three tunnels through Manhattan’s hard granite using giant Italian-made tunnel boring machines which are half a mile long and cost $10 to $20 million for each one. They are assembled below ground and only ever used once.

The tunnels are the Second Avenue subway, the East Side Access to allow Long Island trains to arrive at a new station deep below Grand Central Station, and the extension of the 7 subway from Times Square to 34th Street on the west side and possibly also to New Jersey.

Italy excels at these large and complicated projects. Some of the autostradas which sweep through the mountains along tunnels and bridges are astonishing. Two very large Italian projects due to begin soon are the re-engineering of Venice to stop it sinking, and the suspension bridge (the world’s longest) between the Italian mainland and Sicily.

Perugia has its share of dazzling projects too. The minimetro already running and soon one of the world’s longest escalators which may result in Meredith’s house coming down to allow for parking expansion.

Thursday, December 22, 2011

First Italian Criticisms Of The Hellmann Verdict Statement Now Starting To Appear

Posted by Peter Quennell

Early days yet and the main crack at Hellman’s report will not arrive for another month from the prosecution, but the Italian news service Adnknonos offered this editorial. .

The Appeal Court is ridiculous to think that Guede is the only one guilty

The reasons set forth by the Assize Court of Appeal in Perugia for the killing of Meredith read oddly. According to the criminal court Rudy Guede alone did it.

This is ridiculous. Prosecutor Manuela Comodi spoke in court of the ‘embarrassing performance of’ experts’ on the testing of the murder weapon and the victim’s bra clasp.

“Too bad that the judges of the Court of Appeal have slavishly married the thesis of these so-called ‘experts’‘’ says Massimo Montebove, the president of the National Council of Police Unions.

‘‘The work of forensic science, the testimonies, the reconstruction of the truth of the facts of the case carried out to date all show that the verdict of guilty in the first instance was well grounded. ” Mr Montebove added.

Do not forget that attempts at delegitimization will always be directed at the police and the scientific flying squad, including international pressures that many say were placed and other murky development talked about in the media.

One thing is certain: the game is not’ over. We are only sorry that Amanda Knox may not pay for her responsibilities if she is again found guilty following a new appeal trial that could be decided by the Supreme Court

Tuesday, December 20, 2011

Crticism Of The Hellmann Verdict From Meredith’s Family’s Lawyer Francesco Maresca

Posted by ziaK

Mr Maresca made remarks last week critical of the verdict to various Italian media outlets. This is a translation from the Umbria Journal.

Maresca, on Mez: “They were acquitted for lack of proof, but the sentence takes a very one-sided approach”

“Only the defences’ expert witnesses were given any credence. It’s excessive to completely throw out the first instance case”.

The “reasoning report” of the Assizes court of appeal has confirmed that this is a case of an acquittal because of lack of evidence, rather than an acquittal with “formula piena” [approximately “proof of innocence without doubt”]

However it is also a sentence which is a result of a one-sided approach”.

This is the commentary of Francesco Maresca, who together with the lawyer Serena Perna, represents the young victim’s family, on reading of the “reasoning report” on the acquittal of Amanda Knox and Raffaele Sollecito on the charge of having murdered Meredith Kercher.

“This reasoning report”, he added, “leave us with an even more bitter taste in our mouths because we consider that the judges gave credence only to the defence-team experts, even on items of evidence of a scientific nature which were never the object of consultation”.

“For them to have completely tossed out the preliminary investigations and the first-instance trial seems excessive to me”....

“There are no great surprises”, said Prosecutor Manuela Comodi, who was prosecutor in the first and second-level trials. “It seems to me”, she added, “that there is a lot of room to challenge the sentence. That duty [however] lies entirely with the Attorney General.”

Saturday, December 17, 2011

Does A Perverse Fear Factor Account For The Hellmann Jury Breaking The Way It Did?

Posted by Peter Quennell

[Above: Italian criminologist Massimo Picozzi, a physician, psychiatrist, professor, author and TV host].


We have already posted on the increasingly notorious CSI Effect.

That’s the phenomenon where these days fearful juries can react ultra-cautiously against multiple ambiguous strands of evidence and become impatient with complex science. Among other things, they don’t want egg on their faces down the road .

Some of us who have now absorbed most of the Hellmann report released yesterday are noting two distinctive themes:

• A garbling of the law and the hard facts (one hard fact Hellmann garbled is that no-one has come close to proving that was Guede’s bare foot print on the bathroom mat, or explained when and why he took his shoes off);
• A sense of a condescending fury by this jury toward the jury at the first level (Massei’s trial panel) and the prosecution’s scientific experts; this is actually not a unique occurrence in Italy where appeals require whole new juries eager to strut their stuff.

Today on the Perugia Murder File Forum the Italian lawyer Yummi in part had this to say:

The parts that I found more dishonest and unacceptable are, however, those in the matter (and their omissions) rather than the mistakes in [legal] procedures. The “probable” attribution of the footprint to Guede is an example of insult to intelligence. I haven’t read thoroughly the entire document yet, but from what I’ve read I can say this document is a sloppy and shameful fraud.

I think what really matters - the actually “true” part of the document - is the conclusion, where the court explain that the reason for the acquittal was they were afraid. They thought they were in danger of making a mistake, they explain they felt unable to eliminate possibility of mistake. Their fear stemming from not being able to see a clear overall picture of the evidence and a motive is everything. Their fear, confusion and uncertainty is the ground for their lack of any indication even of the paragraph 1 or 2 [mandatory reason for the verdict].

Interviewed today by the Italian paper Corriere the eminent Italian criminologist Massimo Picozzi (image above), who knew of the Hellmann verdict but had not yet seen the Hellmann report, predicted very much the same thing. 

Picozzi: A debate too technical for the jury

Interview of Massimo Picozzi by Leonardo di Molinelli

Corriere: What of the outcome of Perugia?

“I think it was already decided by the jury when there was a battle between consultants on a very technical issue, the contamination of some DNA.”

The criminologist Massimo Picozzi has not yet read the [Hellman] motivation of the absolution of Amanda Knox and Raffaele Sollecito, but he has a clear idea as to why the appeal outcome contradicted the first level outcome.

“The reasons can be stated in different ways but don’t bend one iota.  The judgment is due to the fact that when expert consultants have been in dispute, and not only on the content of [some experts] report but also on the skills and qualifications of those experts, the battle becomes so complex that the jury loses the plot.”

Corriere: A controversy has diverted attention from the crime on a technicality?

“Reducing everything to a technical debate has created confusion that the jury was unable to handle. Often even [court] presidents, judges and magistrates are not as competent technically as the progress of science should require.

The prosecution’s DNA advisor Professor Novelli is a forensic geneticist at the international level. When he challenged the findings of the experts and proposed to the judge a third study, the president of the jury said “No thanks, we have enough.’”

Corriere: There are other cases like this? This is just an Italian problem?

“No. The distortion was introduced by TV series like CSI creating the effect that juries require new technologies but are not always prepared to understand them.

I could tell you that in the United States and Canada they are moving more and more into “neuroimaging” which is exploring uses of the nuclear magnetic resonance of genetic structures of criminals.

At this new frontier the accused can be acquitted because it can be assumed that having an MRI of a certain type and genetic constitution does not allow for the having of free will, and therefore they are acquitted for that failure. “

Corriere: [Norway’s mass murderer Anders] Breivik might be such a case?

“Yes, and behind these things it is easy to see a Lombrosian outcome.” [ed. note: said somewhat jokingly. Cesare Lombroso was an Italian doctor who invented the “antropologia criminale” in which criminals are born rather than self-made. ]

“There are at least a couple of facilities in the U.S. that offer screening based on CT and MRI for the recruitment of top managers. “

Corriere: What is the basic thrust?

“Criminal behavior is determined by a series of neurological factors, biological, genetic. In the U.S. and Canada juries hear battle of genetic structures, amygdala, and more. “

Corriere: It becomes very difficult for jurors to live up to?

“Absolutely, and one ends up saying “But how do we crack the structures of criminal behavior if we do not even know what is normal human behavior?” The latest branch of study that is spreading is neuroethics, the fact that we can have a certain neurological structure which does not have any area for ethical responsibility. “

Corriere: It is disturbing?

“Absolutely, we arrive back at the pre-crime state like that in [the movie] Minority Report. So in the end it does not work. “

Corriere: They were right on the Knox case, the American media?

“No. But we guaranteed that development too. The real problem is the length of our trials. If the [trial and first appeal] are compressed into two years instead of four that will eliminate much of the controversy. “

Corriere: Amanda and Raffaele are innocent?

“I prefer to say that they were found not guilty by one particular jury.”