Category: 5 No pack attack hoax

Thursday, February 05, 2009

Understanding Micheli #2: Why Judge Micheli Rejected The Lone-Wolf Theory

Posted by Brian S

Here now is the full 2011 Micheli Report kindly translated by Catnip for the Wiki and TJMK.

On Lone Wolf

The Lone Wolf Theory is a big fail. And so Judge Micheli decides that Raffaele Sollecito and Amanda Knox should face trial.

First, just to recap: Judge Micheli presided over both Rudy Guede’s trial and sentencing to 30 years and the final hearing that committed the two present defendants to trial.

Ten days ago, Judge Micheli made public the 106-page report that explains the thinking behind both actions. This is a public document, and in the enviable Italian legitimizing process, the public is encouraged to get and read the report and to understand the full rationales.

Excellent analyses have already appeared in Italian in Italy, but not one English-speaking source on the facts of the case has either put the report into English or published more than the most superficial analysis.

These 4 posts are examining several very key areas of the report so that we too may choose whether to buy into the rationales. The translations into English used here were by native-Italian speakers and fellow posters Nicki and Catnip.

Right at the outset of his Sentence Report on the conviction of Rudy Guede, Judge Micheli stated that it was neither the place nor his intention to make the case against either Raffaele Sollecito or Amanda Knox. He said though that he must necessarily involve them to the extent that they were present at the discovery of Meredith’s body.

He said he must also examine evidence against them where he saw it as indicating that Rudy Guede was not a lone-wolf killer and implicated them as his possible accomplices in Meredith’s murder.

Sequence Of Events

Judge Micheli described the sequence of events laid out by the prosecution which lead to the discovery of Meredith’s body:

Phones

Early on the morning of November 2nd, Signora Lana Biscarini received a bomb threat call made to her home at 5A Via Sperandio. (This later transpired to be a hoax.)

Some time later Signora Biscarini found a mobile phone in her garden. She “had heard” that bombs could be concealed in mobile phones and so she took it to the police station arriving at 10:58am as recorded by Inspector Bartolozzi.

The postal police examined the phone and, following removal of the SIM card, discovered at 11:38am that it belonged to a Filomena Romanelli who lived at the cottage at 7 Via della Pergola. Following a call by Signora Biscarini to check with her daughter who was still at home, it was placed in the record at 11:50am that neither say they know the Filomena in question. At around noon Signora Biscarini’s daughter rings her mother at the police station to say she has found a second phone.

The second phone (Meredith’s) is collected from Via Sperandio and taken to the police station. Its receipt there is logged by ISP. Bartolozzi at 12:46pm. During its examination Meredith’s phone is also logged as connecting to the cell of Strada Borghetto di Prepo, which covers the police station, at 13:00pm. At 13:50pm both phones, which have never left the police station following their finding, are officially seized. This seizure is entered in the log at 14:00pm.

The House

Separately, as part of the bomb hoax investigation, agents of the postal police are dispatched to make enquiries at Filomena’s address in Via della Pergola.

They are recorded in the log and filmed on the car park camera as arriving at 12:35pm. They were not in possession of Filomena’s phone, which remained at the police station, nor of Meredith’s which at this time was being taken from Via Sperandio to the police station for examination as part of the bomb hoax enquiry.

Judge Micheli said that some confusion was created by the evidence of Luca Altieri (Filomena’s boyfriend) who said he saw two mobile phones on the table at the cottage. But, Micheli said, these two phones either belonged to the others who arrived, the postal police themselves or Amanda and Raffaele. They were NOT the phones of Filomena or Meredith.

On their arrival at the cottage, the agents of the postal police found Raffaele Sollecito and Amanda Knox standing outside the front door.

The two seemed surprised to see them (the postal police had come to talk to Filomena about a bomb hoax which potentially involved her phone, plus they had recently been informed of the discovery of second phone in the same garden), but then they explained they had discovered suspicious circumstances inside the cottage.

Raffaele said he had already phoned the police and they were awaiting their arrival in connection with that. Elsewhere in his report Micheli points out that Raffaele did, in fact, make a call to his sister at 12:50pm, followed by two calls to “112” reporting a possible burglary at 12:51 and 12:54pm, 15 minutes after the arrival of the postal agents.

Judge Micheli said the postal police were shown into the cottage by Raffaele and Amanda. They pointed out the traces of blood around the apartment, the state of the toilet and the disturbance to Filomena’s room. They said they didn’t think anything had been taken. They pointed out that Meredith’s door appeared to be locked, Raffaele said he had tried to open it, but Amanda said Meredith used to lock the door even when she was going to the bathroom to shower.

Shortly afterwards Luca Altieri and Marco Zaroli arrived. Luca said he had just been contacted by his girlfriend Filomena, who in turn had just been contacted by Amanda Knox about the possible break in. A few minutes later, Filomena herself arrived with Paola Grande. Micheli noted that Filomena had immediately contradicted what Amanda had told the postal police and she said that Meredith never locked her door. She also told the postal police that the phone found with a SIM card in her name was in fact Meredith’s 2nd phone, that she had given Meredith the SIM as a present. The postal police said that they didn’t have the authority to damage property and so the decision was made that Luca would break down the door.

This he did. The scene when the door flew open was instantly obvious, blood everywhere and a body on the floor, hidden under a duvet except for a foot and the top of Meredith’s head. At that point ISP Battistelli instantly took charge. He closed the door and forbade anyone to enter the room before contacting HQ.

The Forensic

Following his description of the events which lead to the discovery of Meredith’s body, Micheli then dedicates quite a few pages of his report to detailing the exact locations, positions, descriptions and measurements of all the items, blood stains, pools and spots etc.etc. found in her room when the investigators arrived. He also goes into precise details on the injuries, marks, cuts and bruises etc. which were found by Lalli when he examined Meredith’s body in situ at the cottage before she was moved. Despite their extent, it is obvious these details are only a summary of the initial police report and also a report made by Lalli on the 2nd November.

It is these details which allowed the prosecution to lay out their scenario for the events which they say must have happened in the room. It is also these details which convince Micheli that it was impossible for this crime to be carried out by a single person. In his report, he dismisses completely the scenarios presented by the defences of Amanda and Raffaele for a “lone wolf killing”. Micheli says that he is convinced that Meredith was sexually assaulted and then murdered by multiple attackers.

Judge Micheli also explains in his report how the law will decide on sexual assault or rape where the medical report (as was Lalli’s) is somewhat inconclusive. Else there would be no point in a woman reporting rape unless she had serious internal injuries. His conclusion: Meredith was raped by Rudy Guede manually.

Pack attack

So why does Judge Micheli believe that Amanda Knox and Raffaele Sollicto were possible accomplices of Rudy Guede and should be tried for the murder of Meredith Kercher?

In his report, he doesn’t look at the evidence which involves just them, nor does he analyze their various stories in his report. He doesn’t look at events involving them which occurred between the 2nd and 5th November. He does note a few items here and there, but these aren’t given as the major reasons for his decision to indict them.

He notes Raffaele’s apparent lies about the time he made the 112 phone calls. He dismisses Raffaele’s defense claim that the disposal of Meredith’s phones didn’t allow time for Raffaele to get to the cottage after watching his film, kill Meredith, and then dispose of the phones in Via Sperandio before the aborted call to Meredith’s bank. He noted that the cell which picked up the brief 10:13 call to Meredith’s bank also picked up most of Meredith’s calls home.

He asked whether it was possible for anybody to believe that each time Meredith wanted to phone home, she walked down to Via Sperandio to make the call. He notes that the police found Amanda and Raffaele’s behaviour suspicious almost straight away. He notes that Filomena said that the relationship between Amanda and Meredith had deteriorated by October. He says he doesn’t believe at all that cannabis caused any loss of Amanda’s and Raffaele’s memories.

Definitive points

Judge Micheli says he bases his decision on the following points of evidence:

[Note: The following paragraph numbers form no part of Micheli’s report. They are used in the context of this summary to identify the points of evidence contained in his report which will be examined and summarised in greater detail in follow-up posts]

1) Various DNA: Judge Micheli, after hearing both prosecution and defense arguments about Meredith’s and Amanda’s DNA on the knife and Raffaele’s DNA on Meredith’s bra clasp, accepted the prosecution argument that that both were valid evidence. He did note, however, that he fully expected that the same argument would be heard again at the full trial. In his report, Micheli dedicates several pages to explaining the opposing arguments and how he made his decision to allow the evidence. It is a detailed technical argument, and it is not proposed to examine it any closer in this post.

2) Blood spatter: Judge Micheli explains that blood evidence proves that Meredith was wearing her bra when she was killed. Nor is it just the blood on her bra which demonstrates this. It’s also where the blood isn’t on her body. He says that Meredith was wearing her bra normally when she laid in the position in which she died, and she was still wearing it for quite some time after she was dead. Her bra strap marks and the position of her shoulder are imprinted in the pool of blood in that position. Meredith’s shoulder also shows the signs that she lay in that position for quite some time.

3) Body moved: He asks the question: Who came back, cut off Meredith’s bra and moved her body some time later? It wasn’t Rudy Guede. He went home, cleaned himself up and went out on the town with his friends. Judge Micheli reasons in his report that it could only have been done by someone who knew about Meredith’s death and had an interest in arranging the scene in Meredith’s room. Seemingly who else but Amanda Knox?

[cont] Knox was apparently the only person in Perugia that night who could gain entry to the cottage. And the clasp which was cut with a knife when Meredith’s bra was removed was found on November 2nd when Meredith’s body was moved by the investigators. It was right under the pillow which was placed under Meredith when she was moved by someone from the position in which she died. On that clasp and its inch of fabric is the DNA of Raffaele Sollecito and Amanda Knox. Micheli reasons in his report that Raffaele and Amanda seemed to have returned to the cottage some time after Meredith was dead, cut off her bra, moved her body, and staged the scene in Meredith’s room.

3) Faked breakin: Judge Micheli explains his reasoning on the method of Rudy’s entry into the cottage. He says that Rudy’s entry through the window is a very unlikely scenario and the evidence also indicates otherwise. He says the height and position of the window would expose any climber to the full glare of traffic headlights from cars on Via della Pergola. He asks, why wouldn’t a thief choose to break in through a ground floor window of the empty house? He says the broken glass and marks on the shutter both demonstrate the window was broken from the inside, some of the glass even falling on top of Filomena’s clothes which had been thrown around the room to simulate a robbery.

[cont] But his major reasoning for believing Rudy’s entry was through the front door are the bloody bare footprints which show up with luminol and fit Knox’s and Sollecito’s feet. These suggest that they entered Filomena’s room and created the scene in there after Meredith was killed. Allessandra Formica witnessed Rudy run away shortly after Meredith was stabbed. Someone went back later, left those footprints and staged the scene.

[cont] This, when considered in combination with the knowledge that person demonstrated of Rudy’s biological involvement with Meredith when they also staged the sex assault scene in Meredith’s own room indicates that that person hod to be present when Meredith was assaulted and killed. He said it also demonstrated an attempt by someone who had an interest in altering the evidence in the house to leave the blame at Rudy’s door. Micheli reasoned, the only person who could have witnessed Rudy’s earlier sex assault on Meredith, could gain entry via the door and had an interest in altering the crime scene in the house appeared to be Amanda Knox. In his report, Micheli states that this logic leads him to believe that Amanda Knox was the one who let Rudy Guede into the cottage through the front door.

4) Witness: Judge Micheli examines the evidence of Antonio Curatolo. He says that although Curatolo mixes up his dates in his statement, he does have a fix on the night he saw Amanda and Raffaele in Piazza Grimana sometime around 11:00 to 11:30pm. Curatolo is certain it was the night before the Piazza filled up with policemen asking if anyone had seen Meredith. In his evidence, he says they came into the square from the direction of Via Pinturicchio and kept looking towards the cottage at Via della Pergola from a position in the square where they could see the entrance gate.

[cont] Judge Micheli reasons in his report that their arrival from Via Pinturicchio ties in with the evidence from Nara Capazzali that she heard someone run up the stairs in the direction of that street. He also reasons that they were likely watching the cottage to see if Meredith’s scream had resulted in the arrival of the police or other activity.

5) Witness: Judge Micheli examines the evidence of Hekuran Kokomani and finds him far from discredited. His says the testimony is garbled, his dates and times makes no sense but…. that Hekuran Kokomani was in the vicinity of the cottage on both 31st Oct. and 1st Nov isn’t in doubt. Furthermore, Micheli says that when he gave his statement, the details which he gave of the breakdown of the car, the tow truck and the people involved weren’t known by anyone else. He must have witnessed the breakdown in Via della Pergola. The same breakdown was also seen by Allessandra Formica shortly after Rudy Guede collided with her boyfriend.

[cont] This places Hekuran Kokomani outside the cottage right around the time of Meredith’s murder and he in turn places Raffaele Sollecito, Amanda Knox and Rudy Guede together outside the cottage at the same time. His evidence also places all three outside the cottage at some time the previous night.

Bottom Line

Judge Michelii found that all this evidence implicated Amanda Knox and Raffaele Sollecito as accomplices of Rudy Guede in the murder of Meredith Kercher.

Tuesday, February 03, 2009

Understanding Micheli #1: Why He Rejected All Rudy Guede’s Explanations As Fiction

Posted by Brian S

Here now is the full 2011 Micheli Report kindly translated by Catnip for the Wiki and TJMK.

On Guede

Judge Micheli has had two very important roles. He presided over Rudy Guede’s trial and sentencing, and he presided over the final hearing that committed Raffaele Sollecito and Amanda Knox to trial.

A week ago, just within the three-month deadline, Judge Micheli made public the 106-page report that explains the thinking behind both actions. This is a public document, and in the enviable Italian legitimizing process, the public is encouraged to get and read the report and to understand the full rationales. Excellent analyses have already appeared in Italian in Italy, but no English-speaking sources on the facts of the case have either put the report into English or published more than the most superficial analysis.

These posts will examine several very key areas of the report so that we too may choose whether to buy into the rationales. The translations into English here were by native-Italian speakers and fellow posters Nicki and Catnip. The next post will explain why Micheli ruled out the Lone Wolf Theory, and why he concluded that Knox and Sollecito appeared to be implicated in Meredith’s murder and should therefore be sent to trial.

Judge Micheli maintained that from the moment Meredith’s body was discovered until his arrest in Germany on November 19th, Rudy Guede was in a position to compile a version of his involvement in events at the cottage which would minimise his reponsibilities and point the finger of guilt elsewhere.

He was able to follow the course of the investigation in newspapers and on the internet. He would know of the arrests of Amanda, Raffaele and Patrick. He would know that the investigators had found biological evidence which would sooner or later connect him to the murder, and he would know of other discoveries and evidence which had been publicised in the media.

His story as told in Germany was compiled with all the knowledge about the crime and investigation he would have sought out. On his return to Italy in December he was interviewed by the investigating authorities and gave version 2. He was interviewed again in March which resulted in version 3, and later still made a spontaneous statement to change one or two facts including the admission that the trainer footprint in Meredith’s room could be his. Judge Micheli said:

Analyzing the narratives of the accused…he is not credible, as I will explain, because his version is (1) unreliable, and (2) continuously varying, whether on basic points or in minor details and outline.

Micheli then examined the details of Rudy’s claimed meeting with Meredith which resulted in his invitation to the cottage on the evening of November 1st.

He noted there were substantial differences between his versions of December and March, particularly with regard to the location of his meeting with Meredith on the night of Halloween and his movements in the early evening of November 1st.

He considered it likely that Rudy had made these changes as he became aware of evidence which contradicted his December version. Notably, in December Rudy claimed to have had his meeting with Meredith which resulted in her invite at a Halloween party given by Spanish students.

By March it was well known that Meredith had spent her entire Halloween in the company of friends, first in the Merlin pub before they later moved on to Domus disco. In March Rudy changed the location of his meeting with her from the Spanish party to Domus, which by chance Rudy had also attended following the party. However, neither Meredith’s friends who were continuously in her company nor those who accompanied Rudy to the Domus witnessed any meeting between the two. Judge Micheli commented:

On 26 March 2008, instead, Rudy explained to the Prosecution, drawing a picture, that the group invited to the Spaniards’ house actually moved wholus-bolus to the “Domus” club, but it was right in that nightclub that he met Kercher, and not before; offering up a tour-guide description from the chair, saying, “there’s a bar for the drinks and then there’s a room, there’s an arch and a room. I walking [sic] around there, and that’s where I met Meredith”. On the facts of the meeting and the subject of the conversation, he elaborated: “I started talking to Meredith “¦talking anyway I gave her a kiss.. after which I told her how much I liked her and asked her if the next day, in all the confusion anyway, if we were going to meet the next day and she said yes (”¦), we met in the evening around half eight, like that.

While not intending to explore the question, basically irrelevant, of whether the pair had agreed to a more or less specific time (his confirmation of the suggestion of 8.30 pm in both verbal statements however allows the inference that according to Guede they had an appointment), the patent contradiction between the two versions jumps out. One context, of a room between two bathrooms, in an apartment, is completely different to that of a drinks-bar and an arch, in a pub; one might concede, perhaps, the possibility of forgetting which place it was where they last bumped into a friend, but hardly the first time there was a kiss with a girl towards whom one was attracted.

With regard to his movements in the early evening of November 1st, Rudy’s friend Alex failed to corroborate Rudy’s December claim to have visited his flat. He said he didn’t see Rudy either before or after his meeting with Meredith at her cottage.

In March, Rudy changed his story and claimed to have risen at 6pm(following the all-nighter at Domus) before wandering around town for an hour or so. He then said he went to Meredith’s cottage but received no answer so he carried on to Piazza Grimana in the hope he might see people he knew. He thought he arrived in the Piazza at around 7:30pm. He claimed that some time later he left Piazza Grimana and called at the Kebab shop before returning to Meredith’s cottage and arriving some time between 8:30 and 9:00pm.

He said he then waited until her arrival some time just after 9:00pm. It was noted that in both his December and March versions Rudy said he had arranged to meet Meredith at 8:30pm. Micheli noted that this didn’t sit well with another arrangement Rudy had made to meet Carlos (from the Spanish party) between 9:00 and 10:00pm.

Micheli said that neither version of Rudy’s movements could be treated as true because he changed his story to fit facts as they became known and there was absolutely no corroborating witness evidence.

Rudy claimed two situations evolved following his entry with Meredith into the apparently empty cottage:

Whilst he was having a drink of fruit juice from the fridge, he claims Meredith found that 300 euros (her rent money) was missing from her bedside cabinet. Meredith was naturally upset by this discovery and straight away blamed “druggy Amanda”. Rudy said they both checked Amanda’s room to see if the money was there. However, it couldn’t be found and Rudy sought to console her.

He says that this consolation developed into an amorous encounter which proceeded to the stage where “Meredith asked him” if he had a condom. He told he didn’t and since she didn’t either they stopped their lovemaking.

Judge Micheli had a real problem with this story as told by Guede. He found it unlikely that Meredith would be interested in lovemaking so soon following the discovery that her money was missing. He found it unlikely that it was Meredith who was leading the way in this amorous encounter as Rudy was suggesting with his claim that it was “Meredith who asked him” if he had a condom.

Surely, Micheli reasoned, if Rudy was hoping to indulge in a sexual encounter with Meredith following the previous night’s flirting, he would, as any young man of his age, ensure that he arrived with a condom in anticipation of the hoped for liason. But even if he didn’t, and it was true that events had reached the stage where Meredith asked him, then surely given his negative response, Meredith would have again gone into Amanda’s room where, as she had told her friends, condoms were kept by her flat mate. Judge Micheli simply didn’t believe that if they had got to the stage of lovemaking described by Rudy, and following his negative response to her question, they just “STOPPED”. Meredith would have known she had a probable solution just metres away.

Rudy claimed he then told Meredith he had an upset stomach because of the kebab he had eaten earlier. She directed him to the bathroom through the kitchen.

Rudy put on his i-pod and headphones as he claimed was his habit when using the toilet. In his December version Rudy said the music was so loud he heard the doorbell ring but he made no reference to hearing any conversation. A perfect excuse, Judge Micheli says, for not hearing the disturbance or detail of Meredith’s murder. However, in his March version he claims he heard Amanda’s voice in conversation with Meredith. When Rudy did eventually emerge from the bathroom he says he saw a strange man with a knife and then a prone Meredith. Micheli commented:

...it is necessary to take as given that, in this case, Kercher did not find anything better to do than to suddenly cross from one moment of tenderness and passion with him to a violent argument with someone else who arrived at that place exactly at the moment in which Rudy was relieving himself in the bathroom. In any case, and above all, that which could have been a surprise to the killers, that is to say his presence in the house, was, on the other hand, certainly not put into dispute:

Meredith, unlike the attackers, knew full well that in the toilet there was a person who she herself allowed in, so for this reason, in the face of someone who had started raising their voice, then holding her by the arms and ending with brandishing a knife and throwing her to the floor, why would she not have reprimanded/reproached/admonished him immediately saying that there was someone in the house who could help her?

“¦Meredith didn’t shout out loudly for Rudy to come and help
“¦There was a progression of violence
“¦The victim sought to fight back

If it is reasonable to think that a lady living 70 metres away could hear only the last and most desperate cry of the girl ““ it’s difficult to admit that Guede’s earphones, at 4-5 metres, would stop him hearing other cries, or the preceding sounds.

Micheli was also mystified as to why Amanda (named in Rudy’s March version) would ring the doorbell. Why wouldn’t she let herself in using her own key? He supposed it was possible Meredith had left her own key in the door which prevented Amanda from using hers, but the girls all knew the lock was broken and they were careful not to leave their own key in the door. Perhaps, Meredith wanted some extra security/privacy against someone returning and had left her key in the lock on purpose. Maybe Amanda was carrying something heavy and her hands weren’t free. Or, maybe, Rudy was just trapped by his December story of the doorbell when he didn’t name anybody and an anonymous ring on the doorbell was plausible.

The judge then took issue with Rudy’s description of events following the stabbing of Meredith. Rudy claimed that when he emerged from the bathroom he discovered a man with a knife standing over Meredith. In the resultant scuffle he suffered cut wounds to his hand. armed himself with chair to protect himself. before the attacker fled when he fell over because his trousers came down around his ankles. Micheli said that those who saw Rudy later that night didn’t notice any wounds to Rudy’s hands although some cuts were photographed by the police when he was later arrested in Germany.

Micheli found Rudy’s claim that the attacker ran from from the house shouting “black man found, black man guilty” unbelievable in the situation. In the panic of the moment it may be conceivable that the attacker could shout “Black man…, run” following the surprise discovery of his presence in the house, but in the situation Rudy describes, blame or expressions of who the culprit thought “the police would find guilty” made no sense. It would be the last thing on an unknown attackers mind as he sought to make good his escape.

Micheli considers the “black man found, black man guilty” statement an invention made up by Rudy to imply a possible discrimination by the authorities and complicate the investigation. Micheli also saw this as an excuse by Rudy to explain away his failure to phone for help (the implication being that a white man could have made the call). It was known by her friends and acquaintances that Meredith was never without her own phone switched on. She kept it so, because her mother was ill and she always wanted to be available for contact should her mother require help when she was on her own

Judge Micheli regarded Rudy’s claimed efforts to help Meredith impossible to believe, given the evidence of Nara Capezzali. Rudy claimed to have made trips back and forth to the bathroom to obtain towels in an attempt to staunch the flow of bood from Meredith’s neck. He claimed to have leaned over her as she attempted to speak and written the letters “AF” on the wall because he couldn’t understand her attempted words. His described activities all took time and Rudy’s flight from the house would have come minutes after the time he alleged the knife-man ran from the cottage.

Nara Capezzali maintained that after she heard Meredith’s scream it was only some seconds (well under a minute) before she heard multiple footsteps running away. Although she looked out of her window and continued to listen for some time because she was so disturbed by the scream, she neither heard nor saw any other person run from the house. That Rudy had run wasn’t in doubt because of his collision on the steps above with the boyfriend of Alessandra Formica. Micheli therefore considered it proven that “all” of Meredith’s attackers, including Rudy, fled at the same time.

Earlier in his report Micheli considered character evidence on Rudy given by witnesses for both prosecution and defense. Although he had been seen with a knife on two occasions, and was considered a bit of a liar who sometimes got drunk, the judge didn’t consider that Rudy had previously shown a propensity for violence, nor behaviour towards girls which differed markedly from that displayed by many other young men of his age.

However, because of the wealth of forensic evidence [on which more later] and his admitted presence in the cottage, combined with his total disbelief in Rudy’s statements, Micheli found Rudy guilty of participation in the murder of Meredth Kercher.

He sentenced him to 30 years in prison and ordered him to pay compensation of E2,000,000 each to Meredith’s parents John and Arline Kercher, E1,500,000 each to Meredith’s brothers John and Lyle Kercher plus E30,000 costs in legal fees/costs + VAT. Also E1,500,000 plus E18,000 in legal fees/costs + VAT to Meredith’s sister, Stephanie Kercher.

Thursday, October 30, 2008

Ground Increasingly Disappearing From Under Knox-Sollecito Defense

Posted by Peter Quennell

Judge Paolo Micheli has now been interviewed by Messaggero Umbria, a newspaper published in Perugia.

The judge really seems to have arrived at a very clear conception of how the cruel, senseless deed took place.  Observe in particular these findings below.

All of them are devastating to the talking-points of Friends Of Amanda recently parroted in dozens of news outlets.

Three attackers were present

I took the opposite approach to that of the defence teams. The lawyers claimed that there was no proof of conspiracy between the three because they didn’t know each other and Kokomani’s testimony wasn’t reliable. They also said that it would have been impossible for them to have organised the crime since they had previous commitments which then fell through. My starting point was the three’s presence in the room where the crime was committed.

DNA on the bra clasp was RS’s

I don’t believe [the bra clasp] was contaminated. The dna either came from outside or it was in the room. It’s not possible that Raffaele Sollecito’s dna was in that room. He had no reason to go there.

No contamination of the knife DNA

It’s true that Amanda’s dna was also on another knife found at Sollecito’s home but there can’t have been contamination. I checked both the objects seized from the cottage in via della Pergola and Sollecito’s apartment in corso Garibaldi. Only once, on Nov6 last year, were objects taken from both locations on the same day and the officers who entered the two buildings were not the same.

Guede was not unknown to other two

The fact that there were no calls [with Rudy] is easy to explain; since Oct27, Rudy hasn’t had a mobile phone. It was taken off him by the police. One of the couple knew Rudy. Meeting people in Perugia is easy, it could have been a chance meeting too.

There was definitely sexual assault

There are some doubts about the dynamics and the position of the victim’s body when she was stabbed. These are however not sufficent to repudiate the hypothesis of sexual assault…. Sexual assault is also an “˜invasion’ of the body as was described in the autopsy. It is certain that the rapist pulled the victim’s top up. Some blood had also run down onto the trousers. It’s therefore plausible to think that whoever violated the victim put their hand down her trousers.

Why there was no rape

Why didnt they complete a rape?] Because she screamed. Also with a knife at her throat and being held down it’s likely that she shouted out. There is a witness, Nara Capezzali, who said she woke up and was shocked by this scream.

Meredith was restrained while taunted

On the victim’s right-hand there was one small cut, a few milimetres long, in between two fingers. On the left-hand, there were four clearly visible cuts. Also the tip of the finger had blood on it. This indicates that the victim’s right-hand was being held as she tried to defend herself with the left. After the fatal stab, she put her hands on the wound.

That last remark really drives home the true horror of Meredith’s incredibly cruel last few minutes. Someone was ferociously slashing away at Meredith like a maniac with a knife. And then did nothing at all to save her.

Walked out on her while she was still alive, clutching her neck to stop the life-blood flowing out of her.

After months of murky semi-silence from police and prosecutors, now the sentencing dossier quoted below and this interview seem like a fire-hose of information.

Is the judge signaling to the defense that a long-form trial will not work to their advantage? That they should simply cave now? Plead guilty, and hope?

And if they don’t, how on earth can they fight THIS sad, sick, depraved stuff?

Judge Micheli’s First Statement - The 10,000 Pages Start To Talk EDIT

Posted by Peter Quennell

Here now is the full 2011 Micheli Report kindly translated by Catnip for the Wiki and TJMK.

Judge Micheli’s dossier.

This below is from London’s Daily Telegraph. Click above for the full story.

In a dossier on the high-profile case, Judge Paolo Micheli said the 21 year-old’s murder was more likely spontaneous rather than pre-planned.

The judge, however, appears to agree with prosecution claims that the Leeds University student was murdered by more than one person.

He said that footprints in the flat showed there was more than one attacker in Miss Kercher’s flat on the night she was killed.

The revelations came after the Italian judge rejected one of her accused killer’s applications for bail…

Judge Micheli said he feared the two suspects could flee the country or commit another murder.

[Meredith’s] semi-naked body was found in the whitewashed cottage she shared with Miss Knox and two other students on November 2 last year.

She had been stabbed in the neck three times, and sustained more than 40 other injuries.

The judge attached weight to a kitchen knife found in Mr Sollecito’s flat which allegedly carried traces of Miss Knox’s DNA on the handle and Miss Kercher’s DNA on the blade.

He also said there were inconsistencies in Mr Sollecito’s accounts of where he was that night.

Prosecutor Giuliano Mignini told the court last week that Miss Kercher was killed when all three suspects tried to force her to participate in “a perverse group sex game”.

Judge Paolo Micheli has a terrific reputation as a judge, He did not of course devote only last Tuesday to reviewing the case.  That has been a full-time job for him for several months now. In particular, he will have read the 10,000 pages of evidence the police and prosecutor have submitted. Almost certainly again and again.

The partial evidence already out here is pretty telling to those who have worked so hard to put it all together.  And the 30-year sentence Judge Micheli handed down to Rudy Guede on Tuesday suggests just how overwhelming the full body of evidence must be. How it must really hang together.

And how it must evoke the intense agony of the final moments of Meredith Kercher, as she was seemingly tortured to death amid laughter and taunts. What is actually in those 10,000 pages will soon be common knowledge, by way of both the Knox/Sollecito trial in December and the Guede appeal thereafter.

Tick tick tick..

Tuesday, September 09, 2008

Startling U-Turn: Knox & Sollecito Agree To Truce, Will Now Dump All Blame On Guede

Posted by Our Main Posters

This is from a surprising report from the Guardian’s Tom Kington in Rome:

Claims have been made of a pact between Knox and her Italian former boyfriend Raffaele Sollecito, 24. It is alleged their lawyers have agreed to work together to blame the murder on Rudy Guede, 21, a part-time gardener from the Ivory Coast and the third accused.

Now, Guede’s lawyers are threatening to call for a separate trial for him alone - well away from the legal teams of the other two whom they fear could prejudice his case.

It is a pact, says Guede’s lawyer Walter Biscotti, that can be traced back to July when Sollecito sent Knox a bouquet of yellow flowers on her 21st birthday which both celebrated in prison.

‘There is a clear desire to make Rudy the guilty party, and it’s clear they will try anything,’ Biscotti said.

All three accused deny murder. Knox, or Foxy Knoxy, as she was known at her Seattle high school, shared a flat with Meredith, from Coulsdon, south London, who was studying in the city as part of her degree at Leeds University.

Knox has attracted headlines through a leaked prison diary in which she detailed her sexual escapades and a Facebook page on which she wrote about rape and fantasy. She has also speculated Sollecito, her then boyfriend, could have been responsible.

Knox’s lawyers maintain that bloodstains in the flat and DNA on a knife found at Sollecito’s flat cannot put her at the murder scene.

Sollecito’s lawyers will also question whether his DNA, found on the back of Meredith’s bloodied bra, is conclusive proof of his involvement. He and Knox claim that they were at his flat when the murder took place.

Guede, who fled to Germany after the murder, is the only suspect who has admitted to being in Kercher’s bedroom on the night she died. He states that they were planning to have sex - though he denies rape and murder. He has stated he was using the bathroom when she was killed, claiming Knox and Sollecito had rushed past him as he emerged.

Sensing a campaign against his client, Biscotti may press for the hearings to be separated in the hope Guede will be cleared quickly. It could involve a fast-track trial behind closed doors and a verdict as early as mid-October.

This could mean that Guede is convicted before a decision is made on whether Knox and Sollecito even stand trial.

‘There was a tacit agreement to just work on the defence of your own client,’ said Biscotti of the other legal teams. ‘But it looks like this is finished.’

He points to a recent briefing by one of Sollecito’s lawyers, Giulia Buongiorno, an MP and high-profile lawyer who has previously defended former Italian Prime Minister Giulio Andreotti against Mafia charges, who told journalists that there had been just one killer.

The Kerchers’ lawyer, Francesco Maresca, said: ‘We are holding out for a trial of the other two, even if Rudy is found guilty.’

Thursday, November 22, 2007

Key Reporting: La Repubblica 22 November 2007

Posted by Peter Quennell

Rudy, the DNA test confirms
“There was a sexual relationship”

Rudy, the DNA test confirms
“There was a sexual relationship”

Rudy Hermann Guede
PERUGIA - The DNA test confirms: Rudy Guede had a sexual relationship with Meredith Kercher the night the girl was killed. These are the first results of the examinations conducted on the young man from the Ivory Coast arrested in Germany. The DNA, taken from the toothbrush seized in Perugia in the boy’s apartment, has been identified in the laboratories of the Scientific Police. That arrived in the evening, is the answer of the comparison between the DNA of the boy and that partial DNA that had already been detected during the autopsy of Meredith and on the scene of the crime. Precisely that partial DNA, which was already known to be of a man, which did not correspond either to Raffaele Sollecito or to Patrick Lumumba, which had been collected with specific tests on the victim’s body. And that testified to a sexual relationship that, as learned, had been incomplete and violent. The same DNA was on the toilet paper in the bathroom. It would seem therefore confirmed that, that evening, Guede forced the young woman to a relationship, before his death. The imprint of his bloody hand on the pillow had already confirmed the presence of the young Ivorian in the murder room.

Meanwhile, from Koblenz, where he is detained , Guede tells his truth: “He was an Italian boy”. “I went to the English girl’s house and we went together,” she tells the German judge. “As soon as I entered, I got a stomach ache and when I was in the bathroom, I heard a shout: there was a young Italian in the house, one I do not know who attacked the girl, stabbed her and ran away. I tried to save her, I picked her up, tried to reanimate her, but then, panicked, I ran away “.

He declares himself innocent, Rudy Guede. The accusation seems to be addressed to Raffaele Sollecito, although a Polish student has confirmed to the police that “Amanda remained in Raffaele’s house at least until 20.40 on the first of November”, more or less the hour of the crime. The investigating judge, however, presses: Rudy “can strike again”.

The judge of Perugia, Claudia Matteini, does not believe in the innocence of the young Ivorian. In the precautionary custody order, in which he orders the arrest of the young man, we read: “From the cruelty of the crime, from the agony in which the victim was left and to the personality of the suspect taken from the quick escape after the crime - wrote the magistrate to justify the provision signed a few days after the murder - there is a real danger that the suspect commits crimes of the same species as that for which it proceeds “.

To collect the testimony of Rudy, the Perugia judges will have to wait a couple more weeks. After the Wednesday hearing, which formally ascertained his identity, Guede will have to appear before the magistrate in Koblenz who will examine Italy’s request for delivery. He will be extradited to Italy not before December 10th.

Meanwhile, the words used by the investigating judge of Perugia remain: Rudy “felt a strong attraction for Amanda”; he used to go to the house that the American student shared with the same age then killed and, the magistrate unveiled, that night Rudy also slept drunk in the apartment in Via Pergola. But it is not written in the ordinance which link binds the attraction that the young black man had for the victim’s friend, and the possibility that he would come back to kill.

It seems clear that the investigators think that the crime is circumscribed between Amanda and Raffaele and Rudy, with roles all to be attributed. That Amanda is the pivot on which revolves the reconstruction of what happened, it seems obvious: his genetic code was discovered on the handle of a kitchen knife by Raffaele, along with the DNA of Meredith. But she keeps repeating that she is not a murderer. In his memorial , tries a desperate defense, then confesses: “I am exhausted and perhaps I confuse the dream with reality”.

Raffaele remains a controversial figure. He swears that that night, in Meredith’s apartment, he did not set foot as he was at his computer , but the results of the checks on his pc would have shown that no one was at the keyboard. Out of the prison there is only one of the four suspects, Lumumba. Arrested in the aftermath of the crime, with Raffaele and Amanda, he was released from prison after two weeks of detention. It remains investigated but, as the investigating judge wrote, “the clues are missing” to keep him in the cell.

( November 22, 2007

Posted by Peter Quennell on 11/22/07 at 12:47 AM • Permalink for this post • Archived in Various hypotheses,  Various scenarios,  Evidence & Witnesses,  Various timelines,  The pack attack,  Trials 2008 & 2009,  Micheli trial etc,  Appeals 2009-2015,  Guede appeals,  Hoaxes against Italy,  5 No pack attack hoax,  Hoaxes re Guede,  33 Sole attacker hoax,  Hoaxers from 2007,  Amanda Knox #1,  Raff Sollecito #1 • Comments here (0)

Saturday, November 03, 2007

Kate Mansey Interviews Sollecito Several Days Before His Arrest

Posted by Peter Quennell

Published in the Sunday Mirror 4/11/2007

MURDERED IN ITALY. MEREDITH, 21
Friend tells how he broke down door
Kate Mansey In Perugia, Italy 4/11/2007

A friend of murdered British student Meredith Kercher told last night how he discovered her body in her blood-spattered bedroom.

Raffaele Sollecito, 23, relived the horror of finding the body of the pretty brunette who died when her killer broke into her home and cut her throat as she lay in her bed.

“It is something I never hope to see again,” he said. “There was blood everywhere and I couldn’t take it all in.

“My girlfriend was her flatmate and she was crying and screaming, ‘How could anyone do this?’”

Meredith, 21, who had been studying in Perugia, Italy since August, was murdered the day after a Halloween fancy dress party at the city’s British-themed Merlin Pub on Wednesday.

On Thursday she posted happy snaps of herself in fancy dress on the internet and in the evening had returned home alone after watching a film at a friend’s house.

But her flatmates - two Italian girls and one American - had all stayed out for the night, so the gruesome discovery wasn’t made until the next day.

Raffaele had spent the night at his own house on the other side of the city with his girlfriend, Meredith’s American flatmate Amanda Knox, 22.

He said: “It was a normal night. Meredith had gone out with one of her English friends and Amanda and I went to party with one of my friends.

“The next day, around lunchtime, Amanda went back to their apartment to have a shower.”

As Amanda, from Washington DC, stepped into house [sic B] she could tell there was something terribly wrong.

Raffaele said: “When she arrived the front door was wide open. She thought it was weird, but thought maybe someone was in the house and had left it ajar.

“But when she went into the bathroom she saw spots of blood all over the bath and sink. That’s when she started getting really afraid and ran back to my place because she didn’t want to go into the house alone. So I agreed to go back with her. When we walked in together, I knew straight away it was wrong. It was really eerily silent and the bathroom was speckled with blood like someone had flicked it around, just little spots.

“We went into the bedroom of Philomena (another flatmate who was away) and it had been ransacked, like someone had been looking for something. But when we tried Meredith’s room, the door was locked. She never normally locked her bedroom door and that really made us frightened.”

Their panic grew as they desperately banged on her door.

Raffaele said: “I tried to knock it down. I thought maybe she was ill… I made a dent, but I wasn’t strong enough on my own so I called the police.”

When police arrived they knocked the door down straightaway and Raffaele followed them into the room.

“I couldn’t believe what I was seeing,” he said. “It was hard to tell it was Meredith at first but Amanda started crying and screaming. I dragged her away because I didn’t want her to see it, it was so horrible.

“It seems her killer came through the window because it was smashed and there was glass all over the place. It was so sinister because other parts of the house were just as normal.”

Raffaele, a computer science student, said Meredith had recently started seeing an Italian neighbour called Giacamo [sic B] who lived in the apartment beneath the girls.

He said: “Meredith was always smiling and happy. She was really popular and it’s horrible that someone would want to hurt her.”

Posted by Peter Quennell on 11/03/07 at 07:47 PM • Permalink for this post • Archived in Evidence & Witnesses,  Various timelines,  Real crimescene,  Faked breakin,  Hoaxes against Italy,  5 No pack attack hoax,  Hoaxes Knox & team,  15 Single alibi hoax,  Hoaxes Sollecito etc,  27 Single alibi hoax,  28 Not at house hoax • Comments here (0)

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