Headsup: Several more analyses of Dr Mignini's book in Italian still to come, but much more when it is published in English later this year.
Category: The officially involved

Friday, January 19, 2018

Interrogation Hoax #21: Illustrating How Batshit Crazy The Knox Interrogation Hoax Has Become

Posted by Our Main Posters

Knox again making things up, despite vast evidence and her defense team to contrary

1. From Impeccable Police Process…

Click here for the overview of our huge Interrogation Hoax expose.

We are coming full circle now, with new translations showing what happened at the very start, from the day Meredith’s body was found, to the day of RS’s and AK’s arrests.

In those days Knox and Sollecito provided information about possible perpetrators in four relatively brief sessions with investigators in the central police station, and they signed the written records on every page.

It is pretty obvious from those signed depositions why no court believed Knox was forced to frame an innocent man.

Even Knox’s own defense team did not believe the hoax (yes she actually had one, though hoaxers leave this awkward fact aside). Though it took us some time to translate it all, some of that stark evidence against Knox has been available in English for years.

And yet it could be quicker to list here who among the Knox apologists HASN’T put this hoax on steroids than who has.

2. To Interrogation Hoax On Steroids

This is from a hyped keynote presentation to a New York conference of senior government justice officials from all over the world.  It mentioned no original sources as proof and was not peer-reviewed. No attempt has ever been made to set the record right. The 37 untrue statements are rebutted in Part 3 below.

Meredith Kercher was found raped [untrue] and murdered in Perugia, Italy. Almost immediately [untrue] police suspected 20-year-old Amanda Knox [untrue], an American student and one of Kercher’s roommates””the only one who stayed in Perugia after the murder [untrue]. Knox had no history of crime [untrue] or violence and no motive [untrue].

But something about her demeanor [untrue] such as an apparent lack of affect [untrue], an outburst of sobbing [untrue], or her girlish and immature behavior [untrue] led police to believe [untrue] she was involved and lying, when she claimed she was with Raffaele Sollecito, her new Italian boyfriend, that night [untrue]. 

Armed with a prejudgment of Knox’s guilt [untrue] several police officials interrogated [untrue] the girl on and off for four days [untrue]. Her final interrogation started on November 5 at 10 p.m. [untrue] and lasted until November 6 at 6 a.m [untrue] during which time she was alone, without an attorney, tag-teamed by a dozen police [untrue] and did not break for food [untrue] or sleep [untrue].

In many ways, Knox was a vulnerable suspect””young, far from home, without family, and forced to speak in a language [untrue] in which she was not fluent. Knox says she was repeatedly threatened [untrue] and called a liar [untrue]. She was told [untrue], falsely [untrue], that Sollecito, her boyfriend, disavowed her alibi and that physical evidence placed her at the scene [untrue].

Despite a law that mandates the recording of interrogations, police and prosecutors maintain that these sessions were not recorded [untrue]. 

Police had failed to provide Knox with an attorney [untrue] or record the interrogations [untrue] so all the confessions [untrue] attributed to her were ruled inadmissible in court [untrue].

Still, the damage was done [untrue]. The confession [untrue] set into motion a hypothesis-confirming investigation [untrue], prosecution, and conviction”¦.

It is now clear that the proverbial mountain of discredited [untrue] evidence used to convict Amanda Knox and Raffaele Sollecito was nothing but a house of cards [untrue] built upon a false confession [untrue].

3. And Pesky Hard Facts

Neither Knox’s own lawyers nor any court ever believed Knox’s fluctuating versions of what happened on 5-6 November 2007 to make her frame Patrick for murder and maintain that for 2 weeks.

Only a guilty person would let such claims stand. All courts saw that and so Knox is a convicted felon for life. She served three years for the malicious accusation, and she still owes the victim $100,000.

Below, how to destroy the hoax in 12 points.  See further our extremely detailed 20-part series on Knox’s interrogation hoax (via the link in our right column) with numerous translations as proof.

1. Police provably kept open minds, and did not immediately suspect Knox though her odd behaviors were hard to miss, or treat her differently than others with possible useful facts.

2. She was not the only one with possible useful facts told to stay in Perugia for several days; others were told they might be needed again; no others complained.

3. There is no documented investigator prejudgement of guilt, even at her fourth and final quite short session on 5 Nov when the subject was provably once again listing more visitors to the house.

4. She was never tag-teamed by a dozen police, and she signed every page of all four session reports which named the mere several officers who were there.

5. There was no 50 or more hours of sessions. No session lasted from 10:00 pm to 6:00 am. All four of her sessions over 4 days combined may not have exceeded that length of time.

6. The fourth and final session on 5-6 Nov was unplanned, and when she turned up late on 5 Nov and was told to go get some sleep, she insisted she wanted to remain.

7. All four sessions were recorded and she signed. She was never threatened or called a liar; her conniption when shown a text message on 5-6 Nov happened spontaneously and very fast.

8. On 5-6 Nov 2007 Sollecito also u-turned - and blamed Knox! No tag-team there. Knox never confessed; she made a false charge of murder against someone else, allowed to stand for several weeks.

9. She did not simply claim she was with Sollecito that night; under no pressure she repeated several times in writing that she went out and all courts allowed that. Sollecito said she did too.

10. After she broke she was told several times she should not talk further without an attorney. No questions were asked of her after that but she pressed on.

11. She had a translator at all four sessions, though she herself chose to speak in Italian now and then. She made and handed over notes in Italian.

12. At trial she confirmed she was provided with refreshments and helped to get some sleep. She was never refused bathroom breaks and confirmed she was not hit.

4. In Conclusion

This hoax is a money-tree for Knox. A blood-money tree. Act the real victim, shake the tree, and tens of thousands fall out. Knox is to blame, but far from the only one. Most of the hoaxers are trying to shake their own money-trees too. Knox’s speaker agency and her PR and lawyers and publishers all want a big payday. Huge sums are at stake.

Can the hoax survive?  Probably not for long. It needed a 100% rebuttal which finally we have achieved now. And it needs Knox’s confidence and her credibility. Even one disbelieving voice from the audience could show the world that the empress has no clothes.


Thursday, December 14, 2017

Interrogation Hoax #19: ALL Knox Q&A Sessions 2-6 November 2007 WERE Recorded #1

Posted by Our Main Posters



Working entrance of Perugia’s main police station

1. What Does The Hoax Allege?

In its ever-differing core version (see Part 3) this widely-promulgated hoax alleges among other things:

(1) that the total hours Knox was questioned from 2 to 6 November was upward of 50;

(2) that Knox was the main suspect for the murder of Meredith from the get-go;

(3) that the “interrogation” was conducted by tag-teams of investigators working in shifts;

(4) that Knox was under duress and forbidden bathroom breaks, sleep and refreshments.

(5) that Knox was refused a lawyer and all questioning sessions were illegally not recorded.

(6) That the outcome was “a confession”.

2. Who Are The Main Propagators?

Often seeming intent on outdoing one another in their manufactured outrage and lurid descriptions, the frontrunners are Doug Preston, Steve Moore, Michael Heavey, Paul Ciolino, Saul Kassin, John Douglas, and Bruce Fischer.

Also Steve Moore, Steve Moore, and Steve Moore. Seemingly for him an obsession.

Thousands of other accounts take their word as gospel. Curt Knox and Edda Mellas have repeated it, blaming Amanda when challenged (really).

Amanda Knox attempts to fire up this hoax again repeatedly.

But testimonies of numerous investigators at trial that she sat through without objection confirmed one another, strong proof that nothing on the list above is true.

Knox tried to make some of this fly at the 17 December 2007 questioning that she herself requested by Dr Mignini.

She tried again on the stand at trial in July 2009. But she had to concede that none of it was like that list above and that she was treated fairly on 5-6 Nov.

No judge in 2007, 2008, 2009, 2011, 2013, and 2015 ever accepted that a “confession” was forced out of her. Knox’s own lawyers did not believe it.

Totally isolated on this in court, and often her own worst enemy, Knox was sentenced to three years for voluntarily and maliciously fingering Patrick.

Knox will remain a felon for life (there can be no reversal) for this demonizing of Patrick.

She is trying very hard to hide that fact.

For example she hid it last year from Netflix. Now she is hiding it from Vice Media who dont realize that Knox is the mother of all demonizers. Not yet.

3. Complete Absence Of Verification

So far, the hoax is a huge fail. See Part 2.

But the malicious or confused usual suspects continue to parrot the hoax like a mantra. For Fischer’s hapless bunch of apologists on Ground Report it’s a mainstay.

In this series we have already posted proof of records of all Q&A made and signed by Knox herself for 5 and 6 November. They dont go toward proving anything on the list.

Here below is the record made and signed by Knox three days earlier for 2 November. A sort of prequel but an important one. It began at the house and then took maybe two hours at the questura. We will be posting the records for 3 and 4 November soon. None of them go toward proving anything at all on the list.

Here Knox was in discussion (in fact said to be eagerly in discussion) with just three officers on their regular shifts. This record is timed at 3:30 pm. There was a hour or so for discussion and an hour or so for typing and signing. Then Knox sat outside with others until they were all fingerprinted and sent home.

This below was the longest of all her questionings.  Her sessions on 3 and 4 November merely consisted of two visits with Dr Mignini to the house, nothing more. Her nighttime sessions on 5 and 6 November we have posted on; they were quite short too. We know of no hard proof that puts their aggregate time beyond ten hours at maximum. We think less actually.

We will post the reports for 3 and 4 November soon, and you may be surprised at their briefness and thrusts - especially as Knox’s book suggests rank paranoia and chronic fatigue at the burdensomness of it all setting in.

Remember Knox was free to walk out of the police station at any time. Remember twice she turned up unrequested and she just hung around, watching and listening. (Her team actually counts in all those hours to get to their 50-plus.)

Before the wee hours of 6 November she did not even have the status of a witness. Just a person with information of possible value.

Told that she needed a lawyer on 5 and 6 November by both Rita Ficarra and Dr Mignini, she brushed them off, and kept talking and talking.

She was very keen to see things put in writing, and she demanded statements like this one to sign. The Sollecito statement follows.

4. Signed Record Of Knox Statement 2 November

[Preliminary Translation Not Yet Checked Out For Wiki]

Questura di Perugia /Perugia Police Station
Squadra Mobile /Flying Squad

Re: Transcript of summary information from persons informed of the facts (of the case) conveyed by:
KNOX, Amanda Marie, born in Washington (USA) on July 9th, 1987, domiciled in Perugia, Via della Pergola n. 7; identified by means of Passport n. 422687114 issued by the US Government on June 13th, 2007, tel. 3484673590.

On the day of November 2nd, 2007 at 3.30 pm, in Perugia at the offices of the Squadra Mobile of the Questura of Perugia. Before the undersigned Officers of the Judicial Authority Inspectors Luca C. Scatigno and Rita Ficarra, Assistant Fabio D’Astolto, respectively on duty at the aforementioned office and the local U.P.G.S.P., there is present the person indicated above who sufficiently understands and speaks Italian, who regarding to the death of Meredith Susanna Cara KERCHER, and who declares the following:

“I have been in Italy since the end of September for reasons of study, even if occasionally, on Tuesdays and Thursdays, I work in a pub called “Le Chic”, and since then I have lived at Via della Pergola number 7 together with other girls, specifically: Laura, 27 years of age, who is the one through whom I found the apartment in question, Filomena, 28 years of age, whose surnames I don’t know, but I know that they work in a law firm, though not together.

Then also living there is Meredith, an English student attending on the Erasmus exchange programme. Each one of us, peripatetically, occupies a room in the aforementioned apartment, on the 2nd floor. The common parts shared by all the girls are the two bathrooms and kitchen. Access to the apartment is through a door reached by an exterior stair. This entrance door, to be well closed, needs to be locked by means of keys, because otherwise as it is broken the door can be opened with a simple push.

Yesterday afternoon I definitely saw Meredith at lunch time, around 1 pm roughly. On that occasion I ate at my house together with my Italian boyfriend, Raffaele, whereas Meredith did not eat with us. Around 3 pm or perhaps 4 pm, after chatting a bit together with us, Meredith said goodbye and left, without however saying either the place she was going to or with whom, while we remained to play the guitar. I am not sure if yesterday Laura was at the house, because I didn’t see her, but I cannot exclude that she may have been in her room. Filomena, on the other hand, I saw yesterday morning before lunch time. She was preparing herself to go to a graduation party that afternoon.

Around 5 pm I left my house together with Raffaele to go to his house where we stayed the whole evening and the night.

This morning, around 10-11am, I returned to my house alone to have a shower and change my clothes, and in this circumstance I noticed that the entrance door of the apartment was wide open whereas the doors to the rooms inside the house were all closed, at least the ones to Filomena’s and Meredith’s rooms, although I didn’t check if they were locked, whereas the one to Laura’s room was ajar and my door was open as usual. These things seemed really strange to me because, like I already said, it is customary for all of us to always close the entrance door with a key since that is the only possible way to close it. So I started to call [the names of] the girls aloud, but without getting an answer. At that moment I thought that maybe one of the girls had gone out to throw the trash into the bins, or to go to see our neighbors, the boys, who occupy the apartment below ours and with whom we hang out.

I remember having closed the front door of the apartment, but I didn’t lock it with the keys, and I went to the bathroom located near to my room, the one that only me and Meredith usually use, to have a shower, when I noticed drops of blood on the floor and a bigger blood stain on the bath math and other blood stains on the sink as if someone had smeared it with a bloody hand. This thing seemed a bit strange to me because we girls are all fairly clean and tidy, and we clean the bathroom [immediately] after we have used it. At first I thought that the blood on the sink could be mine because I did some ear piercings about a week ago, so I immediately checked in the mirror and touched my ear. Then I touched the blood on the sink but seeing that it was not removed immediately, that is, it was not recent, I thought it could be some girl’s menstrual blood and because it disgusted me, I did not attempt to clean it.

Immediately after this I went to the other bathroom, where I usually dry my hair, and after having dried it, I noticed that there were feces in the toilet, that is, someone had used it to relieve themselves, but they had not flushed afterwards. This thing also seemed strange to me for the reasons that I have already stated, and so I avoided flushing it myself

Later I took the mop, which was located inside a closet, and I left my house to go to my boyfriend’s house to clean his room [kitchen] because we had soiled it the previous night. I remember that when I left, around 11.30 am, but I’m not sure about the precise time as I didn’t look very carefully at the clock, I closed the door of the apartment with a turn of the key.

After arriving at the house of my boyfriend, who lives alone in an apartment near my house and to be more precise in Corso Garibaldi number 110, we stayed there for about an hour, for the time it took to clean the kitchen and have some breakfast, after which we returned to my house together. I want to point out that I immediately told my boyfriend about the strange things that I had detected in my house, and he urged me to call one of the girls.

And I did indeed first call Filomena to ask her if she knew anything about the blood I had found in the bathroom, and she replied that she knew nothing about it as she had slept at her boyfriend’s, Marco’s, house the previous night, and the following morning, that is, this morning, she had gone directly to work without going home first. After Filomena, I phoned Meredith three times and to be more precise, the first time I called her, I called her English cell phone number 00447841131571, which is the first phone number Meredith gave to me, and which I saved first to my phone card; the phone rang several times, and at one point I heard the line disturbances and interruption of rings. So I tried to contact her on the phone with the number 3484673711, and also this time the phone rang but no-one answered. I tried calling her for the third time with the first cell phone number again, but also this time without getting an answer.

I didn’t call Laura because Filomena had told me in the previous phone call that she had gone to Rome, but I don’t remember if Filomena told me when she had left.

So I haven’t seen Laura since the afternoon of October 31st this year.

At this point, I returned to my house with my boyfriend, worried about Meredith, because she was the only one whose whereabouts I didn’t know of.

When I got to my house, around 1 pm, I opened the front door, which I found locked, and entered the apartment. I began to open the doors of the rooms occupied by the other girls. First, I opened Filomena’s bedroom door, that is the first room nearest to the entrance, and together with Raffaele we found that the window, with two shutters, was open and the window glass was broken. I don’t remember if both glasses were broken or only the other one. Broken glass was scattered on the floor, inside the room, near the window. Scared, I thought it could be that a thief had entered the house, and then I quickly glanced around to check that everything was in order, and that nothing had been removed. So I headed to Laura’s room and also there I opened the door and checked that everything was in order. I want to point out that I didn’t go inside the rooms, that I just had a quick look, from the door.

Immediately after that I went into my room, and even there I didn’t notice anything / nothing was different, after which I headed to Meredith’s room, but I couldn’t open the door because it was locked. 

At that point I looked out from the bathroom terrace, leaning forward to try and see the window of Meredith’s room, but I couldn’t see anything, after which I returned to the door to look through the keyhole and I could only see Meredith’s handbag on the bed. I retraced my steps to take another look at all the rooms without, however, entering any of them and without noticing anything unusual. Immediately after that I entered the first bathroom near the entrance to the apartment where I very quickly looked around without paying close attention to whether the feces were still inside the toilet.

At that point while Raffaele remained in the apartment, I went down to the downstairs students’ apartment, and above all to talk with Giacomo hoping he would have news of Meredith’s whereabouts, but no-one answered the door. After I had returned to the apartment, Raffaele decided to call his sister for advice on what to do, and immediately after that call he called, I don’t know if it was the state police (Polizia) or Carabinieri, to come to the house, and in the meantime, I contacted Filomena at her cell phone number 3471073006 to inform her we had found the window panes in her room broken, and that Meredith’s room was locked. She replied that she would join me at once.

Raffaele, who was worried about Meredith’s safety, tried to break the door to her room by kicking it without success, and immediately afterwards we saw the plainclothes police arrive. After they showed us their identification cards, they inquired about our particulars and our cell telephone numbers. Then they asked us what had happened. We told them about the window we had found with the shattered glasses, about the blood stains found in the bathroom, and about Meredith’s room that was strangely locked. The policemen asked us questions about the people who occupied the house and about the telephone calls made, and in the meantime a friend of Filomena whom I know as Marco, and two other friends of hers I didn’t know, arrived. At that point Filomena began to talk to the policemen, and while I stood aside in the kitchen, the others together with the policemen headed for Meredith’s room and broke down the door. I can’t specify who really proceeded to break down the door. At that point I heard Filomena screaming and saying “a foot, a foot” while the police officers ordered us all to go outside the apartment.

At that moment I learned from my boyfriend that inside Meredith’s room, in the wardrobe there was a girl’s body covered with a sheet, and the only thing you could see was a foot. None of those present mentioned the name of Meredith, and as I left the house immediately after that without having seen the body, I can’t state whether it’s her.

Additionally: There are four Italian students living in the apartment on the lower floor of my house, and we often gather together to play the guitar; together with them we also went out a few times to go for a dinner, and once we went to a disco. Meredith and I went out more times together with all the four boys than the other two (Laura and Filomena). These guys are respectively called Giacomo, Marco, Stefano and the fourth, with whom I personally speak very little, I seem to remember is called Riccardo. I know that one of the four guys, to be precise, Giacomo, is Meredith’s boyfriend. In fact, Meredith sometimes slept at Giacomo’s house and sometimes Giacomo came to our house to sleep with Meredith. I want to point out that the two didn’t very often go out together as Meredith went out with her English friends while Giacomo, from what Meredith told me, preferred to spend more time at home.

Additionally: Regarding the house keys, I can say that they are available to each of us, but I don’t know that other outsiders would be in possession of any copies of them, including Raffaele, my boyfriend. I’m sure Filomena gave no key to Marco, her boyfriend, since every time he arrives at our house he always knocks at the door very loudly. Laura doesn’t have a boyfriend, whereas regarding Meredith, I can say that knowing her I don’t think she had given keys to Giacomo even if I can’t definitely rule it out.

Additionally: Meredith and Giacomo had only been seeing each other for a few weeks, and as for their relationship, Meredith herself told me that it was going well, she never talked about any quarrels with Giacomo, whom I moreover find a very quiet guy. As I’ve already said, she went out very often with her English friends, and they used to attend the disco pub “Merlins”. Once I went there too, and another time we went to another disco pub. Both times there were just us girls.

Additionally: Meredith and I did not celebrate Halloween together, in that I, that evening, was at the “Le Chic” pub, but not for work, but I know she went to “Merlins” with her English friends and without Giacomo, as she told me herself just yesterday. She told me that she had a lot of fun. She did not tell me about any new acquaintances made that evening. From what I know she always went out with the same friends, including me, or with Giacomo and his friends. She usually did not go out alone in the evening.

Additionally: I can describe Meredith as a girl of 21 years or age, of English nationality, about 1.70cm (5’7’‘) tall, thin build, olive complexion, black hair smooth and long, brown eyes. I don’t think she had any particular marks such as tattoos or other marks on her body. The last time I saw her, she was wearing white jeans and a short, light, pale-colored jacket.

Written, read, confirmed, signed

The declarer The verbalizers

Amanda Knox (signed) (Signed, three signatures)


5. Signed Record Of Sollecito Statement 2 November

QUESTURA DI PERUGIA
Anti-crime Police Division
Flying Squad
Section 5 Anti-drug treatment
SUBJECT: Minute of summary testimonial information provided by:
SOLLECITO Raffaele, born in Bari on 26.03.1984 residing in Giovinazzo (BA) in via Solferino nr. 4, domiciled in Perugia in C.so Garibaldi nr. 110, identified by means of C.I. nr. AJ1946390 Issued by the Municipality of Giovinazzo (BA) on 22.07.2004 Tel.340 / 3574303.

The year 2007, of the month of November, the day 02 at 15.45, in the offices of the
Flying Squad of the Perugia Police Headquarters.

Before us, undersigned Officers and Agents of P.G. Sost. Commissioner ROSCIOLI Roberto and Ass. ROSSI Romano, belonging to the Office. In the indicated inscription, the person indicated is the subject who heard about the finding of a dead English girl inside a flat located in Perugia in via della Pergola no. 7 who declares the following:

I state that I am a university student, enrolled in the first year of the Mathematics-Physics-Natural Sciences Department, at the Computer Science course at the University of Perugia. I am enrolled at the aforementioned university since 2003, also for about a year between 2005 and 2006 I attended the same course in Germany, through the Erasmus project. From October 2006 I returned to Perugia and for the study periods I live alone in a studio located in Perugia in Corso Garibaldi No. 10.

About a week and a half ago, I met my current girl of American nationality, KNOX Amanda, who is also a student, enrolled at the local University of Foreigners. My girlfriend lives together with three other students in an apartment located in Perugia in via della Pergola No. 7. Visting there, I have met the other three roommates, Filomena of Italian nationality, Laura also Italian with residence in Viterbo, and Meredith of English nationality with residence in London.

Since Amanda and I met, she usually spends the night at my house, same as it happened yesterday night and the previous one.

Yesterday morning, my girlfriend and I woke up around 10.30; I stayed to sleep while Amanda went to her home with the agreement that we would be seing each other in the early afternoon of the same day. Around 2:00 pm I went to Amanda’s house to have lunch with her and once I got there, I also found Meredith in the house who had already eaten. After eating lunch, I stayed at home talking to both my girlfriend and Meredith, who in the meantime was preparing to leave.

At about 4:00 pm, Meredith left without saying where she was going, while we stayed home until about 5.30 pm. After that hour, Amanda and I took a little trip to the town center and then went to my house where we stayed until this morning.

This morning around 10.00, we woke up and as on other occasions, Amanda returned home to take a shower and change, with the intention of returning later to my house.

At about 11:30 am, Amanda returned to my house and while we were having breakfast, she told me worriedly that in the house where she lives she had found the door open, and in the bathroom used by her and Meredith Amanda had noticed traces of blood both on the sink and in the mat below. Furthermore, Meredith’s room was locked.

Concerned about the situation, because it was not clear why the front door had remained open, Amanda went downstairs and knocked on the door of some Italian students who live under her to ask for help, but with negative outcome because nobody answered. I want to clarify that among the guys of the apartment above, there is a Giacomo, a person unknown to me, who Amanda says would hang out with Meredith. Not receiving resposess, Amanda, before returning to my house, locked the door and after arriving at my home told me the story

She asked me to take her home to find out what had happened. Once on the spot, Amanda opened the door, which has a defect in the lock, both from the outside and from the inside, which opens only with the keys because the handle does not work. Without the keys, it can not close even you pull it outward.

Once inside, we walked around the house and immediately Amanda noticed that in the other bathroom, the one used by the two Italian girls, when she left the house, there were faeces in the toilet while when we entered the toilet it was clean. In addition, the room in use by Filomena had the door wide open, was untidy and had the window completely open with the glass of the left pane broken in the lower part. Seeing this, Amanda told me that she had not previously seen this as the door to the aforementioned room was blocking the view of what was inside.

At this point, I went into the bathroom in use both by Amanda and Meredith. Here I too noticed the traces of blood on both the sink and the mat. Assuming something had happened, I was asking Amanda to call her roommate friends, but after several attempts she could only get in touch with Filomena, who told her that she was at her boyfriend’s house and that she would be returning immediately.

At this point Amanda called Meredith several times, and knocked on the door, but without any reply. Given the situation, I looked out of the various windows of the house in order to see where the window of Meredith’s room was, but being situated at the end of the apartment it was difficult to access from the outside, I decided to try to open the door by kicking it and pushing it at the height of the lock, but without succeeding because I only caused cracks in the wall and in the door.

Not succeeding in the intent, I tried to look through the keyhole which was missing the key and from there I could only see a brown woman’s bag that was on the bed, and on the left side probably an open cupboard door.

At this point I asked for advice from my sister, who serves as a Lieutenant of the Carabinieri in Rome, who advised me to call 112 directly. The local 112 when asked by me said that he would send a radio car. While waiting for the Carabinieri, I saw plainclothes police arrive who identified themselves officers of the Polizia Postale, who were looking for Filomena and Meredith because they had found the two cell phones of the latter.

To them, both Amanda and I told the story described above, and because of this the agents, given the situation, broke through the door of the room of Meredith thus ascertaining the tragic event. Seeing their faces I stayed on the sidelines and I did not look at what was inside. Present at the time of the breakthrough of the door, in addition to us and the police, there was also Filomena and her boyfriend who had arrived in the meantime and had reported not knowing where Meredith was.

Later a patrol squad of the Carabinieri also arrived. Being more precise, Amanda, when she told me that she went to ask for help from the boys who live below her apartment, found the doors closed but the gate in front of those doors was open.

I have nothing else to add.
Done, read, confirmed and signed.
Raffaele Sollecito


Saturday, December 09, 2017

Exoneration Hoax: Murder Apologists Should READ The Supreme Court’s Final Words

Posted by The Machine



Emory Law Dean Schapiro; Martha Grace Duncan; Harvard Law Dean Manning

1. Overview Of This Post

This flows from our first post ten days ago.

Martha Grace Duncan credits many dozens for their research help. Really? For precisely what? 

This is more about the research that Martha Grace Duncan and the huge group she thanks (see Part 4 below) should have done.  We will see here how she makes false claims that even a mere hour or two of checking if the courts actually said what she claimed would have stopped those claims dead in their tracks.

Did neither Duncan nor any of those hapless dozens now associated with her fraud think to do that? Below, with quotes, I will show how it is done.

2. Misrepresentation Of Supreme Court

It is blatantly apparent from reading Martha Grace Duncan’s academic paper bizarrely titled “WHAT NOT TO DO WHEN YOUR ROOMMATE IS MURDERED IN ITALY: AMANDA KNOX, HER “STRANGE” BEHAVIOR, AND THE ITALIAN LEGAL SYSTEM”  that she hasn’t actually read Judge Marasca’s final Supreme Court report.

She is ignorant of what that court actually said, and so she thoroughly misrepresents it.

Remember: (1) An acquittal under paragraph 1 of article 530 is a definitive acquittal or exoneration, the much stronger outcome. (2) An acquitted under paragraph 2 of article 530 is an insufficient evidence acquittal or dropping of charges for now. 

Also remember: Knox received TWO convictions: (1) for murder and (2) for calunnia. Duncan falsely claims in her academic paper that Amanda Knox has been “fully exonorated by Italy’s highest court” implying both. Knox was not exonerated for either conviction in fact.

If Martha Grace Duncan had read the final Supreme Court report, she would have known that Amanda Knox and Raffaele Sollecito were merely acquitted for murder for now under paragraph 2.

(That is appealable, as is overuling of the Nencini court and dabbling in the evidence, as both are against the code.)

Martha Grace Duncan further highlights her ignorance with regard to the contents of Marasca’s Supreme Court report by falsely claiming that the Supreme Court dropped all charges against Amanda Knox and Raffaele Sollecito.

“March 29, 2015: The Supreme Court of Cassation overturns the murder convictions of Amanda and Raffaele and drops all charges against them.”

The Supreme Court actually reconfirmed Amanda Knox’s conviction for calunnia. She served three years in prison for repeatedly accusing Diya Lumumba of murder despite the fact she knew he was innocent.

“It is restated the inflicted sentence against the appellant Amanda Marie Knox, for the crime of slander at three years of prison.”

Judge Marasca pointed out in his report that Amanda Knox’s conviction for calunnia cannot be overturned.

“On the other hand, in the slanderous declaration against Lumumba, which earned her a conviction, the status of which is now protected as a final judgement”.

There is a common misconception amongst Amanda Knox’s supporters that the European Court of Human Rights (ECHR) might overturn Knox’s conviction for calunnia.

However, she is believed not even to have asked for that. And the ECHR cannot quash or reverse verdicts anyway, it can only recommend. In other words, Amanda Knox will remain a convicted criminal, a felon, for the rest of her life. That cannot be wound back.

Appeal Judge Nencini pointed out in his report that Amanda Knox didn’t retract her false and malicious allegation against Diya Lumumba the whole time he was in prison, and the motive for her allegation was to deflect attention away from herself and Sollecito and avoid retaliatory action from Rudy Guede.

“Amanda Marie Knox maintained her false and malicious story for many days, consigning Patrick Lumumba to a prolonged detention. She did not do this casually or naively. In fact, if the young woman’s version of events is to be relied upon, that is to say, if the allegations were a hastily prepared way to remove herself from the psychological and physical pressure used against her that night by the police and the prosecuting magistrate, then over the course of the following days there would have been a change of heart. This would inevitably have led her to tell the truth, that Patrick Lumumba was completely unconnected to the murder. But this did not happen.

“And so it is reasonable to take the view that, once she had taken the decision to divert the attention of the investigators from herself and Raffaele Sollecito, Amanda Marie Knox became fully aware that she could not go back and admit calunnia. A show of remorse would have exposed her to further and more intense questioning from the prosecuting magistrate. Once again, she would bring upon herself the aura of suspicion that she was involved in the murder.

Indeed, if Amanda Marie Knox had admitted in the days following to having accused an innocent man, she would inevitably have exposed herself to more and more pressing questions from the investigators. She had no intention of answering these, because she had no intention of implicating Rudy Hermann Guede in the murder.

“By accusing Patrick Lumumba, who she knew was completely uninvolved, because he had not taken part in the events on the night Meredith was attacked and killed, she would not be exposed to any retaliatory action by him. He had nothing to report against her. In contrast, Rudy Hermann Guede was not to be implicated in the events of that night because he, unlike Patrick Lumumba, was in Via della Pergola, and had participated [100] in the murder. So, he would be likely to retaliate by reporting facts implicating the present defendant in the murder of Meredith Kercher.

“In essence, the Court considers that the only reasonable motive for calunnia against Patrick Lumumba was to deflect suspicion of murder away from herself and from Raffaele Sollecito by blaming someone who she knew was not involved, and was therefore unable to make any accusations in retaliation. Once the accusatory statements were made, there was no going back. Too many explanations would have had to be given to those investigating the calunnia; explanations that the young woman had no interest in giving.”

The Marasca/Bruno court took no issue with that. Judge Marasca also believed Amanda Knox wanted to avoid retaliatory action from Rudy Guede and stated it was a circumstantial element against her.

“However, the said calunnia is another circumstantial element against the appellant, insofar as it can be considered a strategy in order to cover up for Mr. Guede, whom she had an interest to protect because of fear of retaliatory accusations against her.”

Apart from these two significant factual errors concerning the Supreme Court’s rulings in her academic paper, it’s clear that Martha Grace Duncan is labouring under the misapprehension that Amanda Knox was “fully exonerated” by the Supreme Court because there is some exculpatory evidence that provides definititve proof that Amanda Knox is innocent. However, she never explains what this exculpatory evidence is.

If Martha Grace Duncan had taken the time to read Marasca’s report, she would have known that the Supreme Court didn’t fully exonerate Amanda Knox at all. On the contrary, it actually implicated her in Meredith’s murder.

It ascertained the following: (1) there were multiple attackers (2) it’s a proven fact that Amanda Knox was at the cottage when Meredith Kercher was killed (3) she washed Meredith’s blood off in the small bathroom (4) she lied to the police (5) she falsely accused Diya Lumumba of murder to cover for Rudy Guede in order to avoid retaliatory action and (6) the break-in at the cottage was staged.

I’ll substantiate each and every one of the claims above with quotations from Judge Marasca’s report to show Martha Grace Duncan how it is done and to give her the full picture of what’s in the report rather than the partial one that has been given to her presumably by Amanda Knox and her supporters.

1. There Were Multiple Attackers On The Night

“The [court’s] assessment of it, in accord with other trial findings which are valuable to confirm its reliability is equally correct. We refer to multiple elements linked to the overall reconstructions of events, which rule out Guede could have acted alone.

Firstly, testifying in this direction are the two main wounds observed on the victim’s neck, on each side, with a diversified path and features, attributable most likely (even if the data is contested by the defense) to two different cutting weapons. And also, the lack of signs of resistance by the young woman, since no traces of the assailant were found under her nails, and there is no evidence of any desperate attempt to oppose the aggressor, the bruises on her upper limbs and those on mandibular area and lips (likely the result of forcible hand action of constraint meant to keep the victim’s mouth shut) found during the cadaver examination, and above all, the appalling modalities of the murder which were not pointed out in the appealed ruling.

“And in fact, the same ruling (p323 and 325) reports of abundant blood found on the right of the wardrobe located in Kercher’s room, about 50cm above the floor. Such occurrence, given the location and direction of the drops, could probably lead to the conclusion the young woman had her throat literally “slashed” likely while she was kneeling , while her head was being forcibly held tilted towards the floor, at a close distance from the wardrobe, when she was hit by multiple stab wounds at her neck, one of which - the one inflicted on the left side of the neck - caused her death, due to asphyxia following the massive bleeding, which also filled the breathing ways preventing breathing activity, a situation aggravated by the rupture of the hyoid bone - this also linkable to blade action - with consequent dyspnoea” (p.48).

“Such a mechanical action is hardly attributable to the conduct of one person alone.” (p.49)

2. Amanda Knox was there when Meredith was killed

“Given this, we now note, with respect to Amanda Knox, that her presence inside the house, the location of the murder, is a proven fact in the trial, in accord with her own admissions, also contained in the memoriale with her own signature, in the part where she tells that, as she was in the kitchen, while the young English woman had retired in the room of same Ms Kercher, together with another person for a sexual intercourse, she heard a harrowing scream, so piercing and unbearable that she let herself down squatting on the floor, covering her ears tight with her hands in order not to hear more of it. About this, the judgement of reliability expressed by the lower [a quo] judge [Nencini] with reference to this part of the suspect’s narrative, [and] about the plausible implication from the fact herself was the first person mentioning for the first time [46] a possible sexual motive for the murder, at the time when the detective still did not have the the cadaver examination, nor the autopsy result, nor the witnesses’ information, which collected only subsequently, about the victim’s terrible scream and about the time when it was heard (Nara Capezalli, Antonella Monocchia and others), is certainly to be subscribed to. We make reference in particular to those declarations that the current appellant [Knox] on 11.6.2007 (p.96) inside the State Police headquarters. On the other hand, in the slanderous declaration against Lumumba, which earned her a conviction, the status of which is now protected as a final judgement [giudicato] [they] had a premise in the narrative, that is the presence of the young American woman, inside the house in via della Pergola, a circumstance which nobody at that time - except obviously the other people present in the house - could have known (quote p.96). 

“According to the slanderous statements of Ms. Knox, she had returned home in the company of Lumumba, whom she had met by chance in Piazza Grimana, and when Ms. Kercher arrived in the house, Knox’s companion, directed sexual attentions toward the English woman, then he went together with her to he room from which the harrowing scream came. So, it was Lumumba who killed Meredith and she could affirm this since she was on the scene of the crime herself, albeit in another room. (p.97)

3. Amanda Knox washed Meredith’s blood off in bathroom

“Another element against her [Amanda Knox] is the mixed traces, her and the victim’s one, in the ‘small bathroom’, an eloquent proof that anyway she had come into contact with the blood of the latter, which she tried to wash away from herself (it was, it seems, diluted blood, while the biological traces belonging to her would be the consequence of epithelial rubbing).

“The fact is very suspicious, but it’s not decisive, besides the known considerations about the sure nature and attribution of the traces in question.”

4. Cassation confirms Amanda Knox lied to the police

“Elements of strong suspicion are also in the inconsistencies and lies which the suspect woman [Amanda Knox] committed over the statements she released on various occasions, especially in the places where her narrative was contradicted by the telephone records which show different incoming SMS messages”.

5. Knox accused Lumumba of murder to avoid Guede’s retaliation

“However, the said calunnia is another circumstantial element against the appellant, insofar as it can be considered a strategy in order to cover up for Mr. Guede, whom she had an interest to protect because of fear of retaliatory accusations against her.”

6. The break-in at the cottage was staged

“And moreover, the staging of a theft in Romanelli’s room, which she is accused of , is also a relevant point within an incriminating picture, considering the elements of strong suspicion (location of glass shards - apparently resulting from the breaking of a glass window pane caused by the throwing of a rock from the outside - on top of the clothes and furniture) a staging, which can be linked to someone who as an author of the murder and flatmate [titolare] with a formal {“qualified”] connection to the dwelling - had an interest to steer suspicion away from himself/herself, while a third murderer in contrast would be motivated by a very different urge after the killing, that is to leave the dwelling as quickly as possible.”


3. Duncan’s Misrepresentation Of Supreme Court

Writing an academic paper on the Amanda Knox case without having read Judge Marasca’s Supreme Court report is akin to writing an academic paper on the assassination of JFK without having read the Warren Report and relying on Oliver Stone’s film and some books written by conspiracy nuts.

The fact Martha Grace Duncan hasn’t even read Marasca’s Supreme Court report, but has instead relied primarily on Amanda Knox and her PR and partisan supporters for her information is embarrassing, to say the least.

Amanda Knox admitted lying to the police in her Waiting to Be Heard. She was convicted of lying by all courts, including the Italian Supreme Court. Since when did the word of a convicted liar trump the official court reports?

Martha Grace Duncan is a professor of law, although you couldn’t tell that from reading her academic paper. Her mistakes e.g. getting basic facts wrong and not bothering to read Marasca’s Supreme Court report or any other official court reports for that matter are unforgivable.

An early version of this Article received the Judith Siegel Pearson Award for Nonfiction in 2014. I am grateful to the judges. Previous versions of this Article were presented at the Dipartimento di Giurisprudenza, Università  degli Studi di Torino; the European University Institute, Fiesole, Italy; the Emory Law Faculty, the Emory Psychoanalytic Studies Program, and the Emory Workshop on Geographies of Violence. My thanks go to the participants. My thanks also go to Robert Ahdieh, Giulia Alagna, Cathy Allan, Flavia Brizio-Skov, Michele Caianiello, Elisabetta Grande, Joe Mackall, Stefano Maffei, Alice Margaria, Claudia Marzella, Gaetano Marzella, Colleen Murphy, David Partlett, Lucia Re, Bob Root, Elena Urso, and Liza Vertinsky. Deep appreciation goes to my research assistants: Stefania Alessi, Mary Brady, Andrew Bushek, Peter Critikos, Sarah Kelsey, Tess Liegois, Zishuang Liu, Mike McClain, Jon Morris, Kaylie Niemasik, Sarah Pittman, Faraz Qaisrani, Deborah Salvato, Shannon Shontz-Phillips, Anthony Tamburro, and Michelle Tanen.


Thursday, May 26, 2016

Carlo Dalla Vedova: Is ECHR Advised You Condoned Malicious Defamation By Knox Of Chief Prosecutor?

Posted by Our Main Posters





Carlo Dalla Vedova,

You are trying to make the ECHR believe that while Knox may have lied to the police it was only under immense illegal pressure.

Really?!  In effect your case is that Knox only lies and defames under extreme pressure?

Knox and her agent and her publishers all claim you okayed the Knox book Waiting To Be Heard before publication. If you had advised otherwise the book would never have been published.

Under our own analysis that book includes perhaps 600 lies and 100 defamations by Knox, written when she was under no pressure at all and seemingly simply intent on damaging people.

You provided the go-ahead for the book to be published in the 2013 hardcover and again, unrevised but with an addition, in the 2015 softcover. And those 600 and 100 are only the lies and defamations in the book. Knox is on record for numerous others.

Here is one of the most dangerous and destructive lies by Amanda Knox in that book.

As you know Dr Mignini was not even at the central police station when Amanda Knox was sitting with Rita Ficarra quite voluntarily building a list which you wrongly describe to the ECHR as an interrogation.

Days and days of trial testimony by all who actually were there on the night - which you and Knox both sat through - proved that Dr Mignini only saw Knox much later, to read her her rights and then be subjected to her beating his ear about Patrick.  Knox finished the written statement she insisted upon at 5:45 am.

Knox here is claiming in her book written under zero pressure that Dr Mignini conducted a highly illegal interrogation - in effect he committed crimes which could destroy his career and perhaps even put him in prison -when in fact he was at home in bed at the time.

This is the spurious Knox claim about Dr Mignini in English. An Italian translation is at the bottom.

[This is a partial description of Knox’s voluntary discussion with Rita Ficarra concluding 12:45 am. Dr Mignini was at home in bed at the time.]
Eventually they told me the pubblico ministero would be coming in.
I didn’t know this translated as prosecutor, or that this was the magistrate that Rita Ficarra had been referring to a few days earlier when she said they’d have to wait to see what he said, to see if I could go to Germany.
I thought the “public minister” was the mayor or someone in a similarly high “public” position in the town and that somehow he would help me.
They said, “You need to talk to the pubblico ministero about what you remember.”
I told them, “I don’t feel like this is remembering. I’m really confused right now.” I even told them, “I don’t remember this. I can imagine this happening, and I’m not sure if it’s a memory or if I’m making this up, but this is what’s coming to mind and I don’t know. I just don’t know.”
They said, “Your memories will come back. It’s the truth. Just wait and your memories will come back.”
The pubblico ministero came in.
Before he started questioning me, I said, “Look, I’m really confused, and I don’t know what I’m remembering, and it doesn’t seem right.”
One of the other police officers said, “We’ll work through it.”
Despite the emotional sieve I’d just been squeezed through, it occurred to me that I was a witness and this was official testimony, that maybe I should have a lawyer. “Do I need a lawyer?” I asked.
He said, “No, no, that will only make it worse. It will make it seem like you don’t want to help us.”
It was a much more solemn, official affair than my earlier questioning had been, though the pubblico ministero was asking me the same questions as before: “What happened? What did you see?”
I said, “I didn’t see anything.”
“What do you mean you didn’t see anything? When did you meet him?”
“I don’t know,” I said.
“Where did you meet him?”
“I think by the basketball court.” I had imagined the basketball court in Piazza Grimana, just across the street from the University for Foreigners.
“I have an image of the basketball court in Piazza Grimana near my house.”
“What was he wearing?”
“I don’t know.”
“Was he wearing a jacket?”
“I think so.”
“What color was it?”
“I think it was brown.”
“What did he do?”
“I don’t know.”
“What do you mean you don’t know?”
“I’m confused!”
“Are you scared of him?”
“I guess.”
I felt as if I were almost in a trance. The pubblico ministero led me through the scenario, and I meekly agreed to his suggestions.
“This is what happened, right? You met him?”
“I guess so.”
“Where did you meet?”
“I don’t know. I guess at the basketball court.”
“You went to the house?”
“I guess so.”
“Was Meredith in the house?”
“I don’t remember.”
“Did Patrick go in there?”
“I don’t know, I guess so.”
“Where were you?”
“I don’t know. I guess in the kitchen.”
“Did you hear Meredith screaming?”
“I don’t know.”
“How could you not hear Meredith screaming?”
“I don’t know. Maybe I covered my ears. I don’t know, I don’t know if I’m just imagining this. I’m trying to remember, and you’re telling me I need to remember, but I don’t know. This doesn’t feel right.”
He said, “No, remember. Remember what happened.”
“I don’t know.”
At that moment, with the pubblico ministero raining questions down on me, I covered my ears so I could drown him out.
He said, “Did you hear her scream?”
I said, “I think so.”
My account was written up in Italian and he said, “This is what we wrote down. Sign it.”

And here is the same spurious Knox claim about Dr Mignini in Italian.

Alla fine mi dissero che sarebbe entrato il pubblico ministero.
Non sapevo che fosse l’accusa, o che fosse il magistrato a cui si riferiva Rita Ficarra qualche giorno prima, quando aveva detto che bisognava aspettare di sapere cosa avrebbe detto lui, per vedere se potevo andare in Germania. Pensavo che “pubblico ministero” fosse il sindaco o qualcuno che detenesse una carica politica simile in città  e che, in qulche modo, mi avrebbe aiutata.
Dissero, “Devi parlare col pubblico ministero di ciò che ricordi.”
Dissi loro, “Non credo che questo sia ricordare. Sono davvero confusa in questo momento.” Gli dissi perfino, “Non mi ricordo di tutto ciò. Riesco ad immaginarlo, ma non sono sicura se sia un ricordo o se lo stia solo immaginando, ma è quello che mi viene in mente e non so. Davvero non so.”
Dissero, “I tuoi ricordi torneranno. E’ la verità . Aspetta e ti ritornerà  la memoria.”
Entrò il pubblico ministero.
Prima che iniziasse a interrogarmi, dissi, “Guardi, sono davvero confuse, e non so cosa sto ricordando e non mi sembra giusto.”
Uno degli ufficiali di polizia disse, “Ci lavoreremo su.”
Nonostante il setaccio emotivo per il quale ero passata, realizzai che ero una testimone e che quella era una testimonianza ufficiale, che forse avrei dovuto avere un avvocato. “Ho bisogno di un avvocato?” chiesi.
Disse, “No, no, peggiorerebbe solo le cose. Sembrerebbe che tu non voglia aiutarci.”
Era una situazione molto più solenne e ufficiale dei miei precedenti interrogatori, benché il pubblico ministero mi stava facendo le stesse domande che mi avevano già  posto: “Cosa è successo? Cosa hai visto?”
Dissi, “Non ho visto niente.”
“Cosa intendi dire con non ho visto niente? Quando l’hai incontrato?”
“Non so,” dissi.
“Dove l’hai incontrato?”
“Al campo da basket, credo.” Avevo immaginato il campo da basket a Piazza Grimana, proprio al di là  della strada dall’ Università  per Stranieri.
“Ho un’immagine del campo da basket a Piazza Grimana, vicino casa mia.”
“Cosa indossava?”
“Non so.”
“Indossava una giacca?”
“Credo di si.”
“Di che colore era?”
“Credo che fosse marrone.”
“Cosa ha fatto?”
“Non lo so.”
“Cosa vuol dire che non lo sai?”
“Sono confusa!”
“Hai paura di lui?”
“Suppongo.”
Mi sembrava di essere quasi in trance. Il pubblico ministero mi guidò in uno scenario e io concordai docilmente con i suoi suggerimenti.
“E’ successo questo, giusto? Lo hai incontrato?”
“Suppongo di si.”
“Dove lo hai incontrato?”
“Non lo so. Al campo da basket, suppongo.”
“Siete andati a casa?”
“Credo di si.”
“Meredith era casa?”
“Non ricordo.”
“Patrick é entrato?”
“Non so, crdo di si.”
“Dove vi trovavate?”
“Non lo so. Nella cucina, suppongo.”
“Hai sentito Meredith urlare?”
“Non lo so.”
“Come potevi non sentire Meredith urlare?”
“Non lo so. Forse mi sono coperta le orecchie. Non lo so, non so se mi sto solo immaginando tutto. Sto cercando di ricordare e voi mi dite che devo ricordare, ma non lo so. Non mi sembra che sia la cosa giusta.”
Disse, “No, ricorda. Ricorda cosa é successo.”
“Non lo so.”
In quel momento, mentre il pubblico ministero mi tempestava di domande, mi coprii le orecchie, così da non sentirlo.
Disse, “L’hai sentita urlare?”
Dissi, “Credo di si.”
La mia dichiarazione era scritta in italiano e lui mi disse, “Questo é quello che abbiamo messo a verbale. Firmalo.”


Monday, May 23, 2016

Carlo Dalla Vedova, Is ECHR Made Aware Italian Law REQUIRES Lawyers To First File Local Complaints?

Posted by Our Main Posters





Carlo Dalla Vedova,

You are aware of this, right? It is not optional: if Italian clients credibly claim police abuse, their lawyers MUST lodge a complaint.

This is a serious requirement in Italian law, which looks to protect the client while heading off innuendo and frivolous appeals years down the road.  Under the principle of infedele patrocinio (betrayal of the interest of the client), if you really believed Knox’s varying claims that she was abused, it seems you’d have no choice but to lodge a formal complaint. 

Not only was no formal complaint that we know of ever filed by you, and so no investigation ever begun, summaries of your ECHR case by Cassazione and by ECHR itself make no mention of any process having been followed. They specifically ask you about this. 

The ECHR quotes in full a letter to you from Amanda Knox dated 9 November 2007 claiming at length that police abuse explained why she was “confused” at the so-called “interrogation” of 5-6 November 2007.

But the ECHR seems to have not been made aware that you never passed this letter on to any prosecutor or any judge.  In fact, you provide it as evidence only now. Why was this not made clear?

And even more daunting for your appeal, your legal colleague Luciano Ghirga at Rudy Guede’s trial late in 2008 specifically said this - in effect, the exact opposite of your current claim.

“There were pressures from the police but we never said she was hit.”

Now the ECHR in its first response to your submission is asking some questions of fact. It has addressed this first question to you.

1. Has the applicant exhausted the domestic remedies available to her to complain about the violation of Article 3 of the Convention, concerning the slaps (scappellotti) allegedly suffered, and under Articles 6 §§ 1 and 3 a), c) and e) and 8 of the Convention?

It appears that no, Knox the applicant never did initiate the formal process to seek a remedy through Italian law. The point is one that ends the ECHR appeal process all by itself if the answer is no.

    (1) because of the obvious status of inadmissibility of the application under the ECHR rules (no domestic remedy was first attempted),

    (2) because of its damaging probative value for assessing the credibility of the version of facts provided by the applicant.

You will of course know of the legal provisions under Italian law about which the ECHR may not yet be aware:

    (1) the crimes of beating (cp 581), or physical violence or threat (cp. 610-612) require the victim to file a complaint in order to allow prosecution of the charge, otherwise investigation cannot be initiated;

    (2) the Ethics Code of lawyers requires a defence attorney to file a charge if he/she collects a claim by a client under detention, and to properly inform the client about the necessity to file a complaint;

    (3) if a lawyer is informed by a client under detention that the same client suffered violence or offence by authorities, and does not take proper legal steps, the lawyer would commit the extremely serious criminal offence of infedele patrocinio (betrayal of the interest of client) besides breaching the Ethics Code;

    (4) a defence attorney is also required to object any irregularity of breach of the code that could be suffered by the client, namely, in any particular case, if the applicant’s current claims had been made at the time, the lawyers should have denounced the breach of Procedure Code claiming that a prosecution interrogation had taken place (thus, that would mean breaching the Procedure code that prevents prosecution from questioning a suspect prior to his/her appearance before a judge)

So, in summary, no formal complaint ever seems to have been filed allowing local investigations to begin. And the failure to initiate the procedure for domestic remedy by the applicant on this claim could be a crime under Italian law if Knox had insisted on it.

And it would seem to render the request inadmissible on this point. It also undermines any possible credibility of the claim itself. Regardless of whoever dropped the ball here, lawyer or client, it does not bode well.


Monday, May 02, 2016

Revenge “On” The Knox: Judges Bruno And Marasca Of The Supreme Court Strike Back

Posted by Chimera



Judge Bruno the drafter of the seriously bizarre Fifth Chambers report “Who, me?!!!”

1. Overview Of The Post

We have posted both multi-part analyses of the Amanda Knox book (extended 2015 edition) and also multi-part analyses of the 2015 Supreme Court verdict attempting to apply closure to the case.

Primarily because they both make so much up and leave so much out, both efforts appear to Italian lawyers and observers and our own team to have fallen far short.

Worse, as I demonstrate here, Knox and the Supreme Court were not even on the same page. They used different arguments which tend to cancel one another out.

In effect the report of Judges Bruno and Marasca late in 2015 pulled the rug out from under Knox’s book published a few months before.   

2. Arguments Of The Supreme Court

The final report from the 5th Chambers of Cassation was released in September 2015, several months late, with rumors swirling in Rome that it was proving a tough task. 

Our five critique series were put together by (1) the Perugia prosecution, (2) Machiavelli, (3) Catnip, (4) James Raper (the longest of those four), and (5) in draft by Olleosnep.

From James Raper critique Part 1

The Fifth Chambers argued as follows:

1.  The standard of “beyond any reasonable doubt” was not met due to insufficient and/or contradictory evidence - pursuant to Article 530, section 2 of the Italian Code of Criminal Procedure.

2.  Multiple attackers upheld. Guede was guilty with others unknown.

3.  The break-in in Romanelli’s room was staged.

4.  Amanda Knox was present in the cottage at the time of the murder but there is insufficient evidence that she played a participatory role.

5.  The DNA profile of Meredith Kercher on the knife and the DNA profile of Raffaele Sollecito on the bra clasp have “no probative or circumstantial relevance”

6.  “Motive is not irrelevant” and motive was not established.

7.  No selective cleaning.

8.  No purpose would be served in remanding the case back to the 1st instance court of appeal (as had occurred on appeal against acquittal)

From James Raper Critique Part 5

The Fifth Chambers argued as follows:

1.  Knox was present in the cottage at the time of the murder but in a non-participatory role. Very probably (if this is not a held fact) she had scrubbed Meredith’s blood off her hands in the small bathroom.

2.  Sollecito was very probably there as well, but it cannot be known when.

3.  There was certainly an assailant (and perhaps more than one) in addition to Guede.

4.  There was a staging of the break-in in Filomena’s room.

While this seems (in a very tortuous way), to assert an “insufficient evidence” finding rather than an “innocence” finding, the findings of the 5th Chambers are now considered final, unless they are overturned.

That being said, these findings directly refute the bulk of Knox’s book “Waiting to be Heard”

3. Arguments of Amanda Knox

Our 12-part series taking apart the claims in Knox’s book can be found here.

(1) Chapter 5, 6: The Evening and Morning After Meredith Died

Knox Version (A): AK/RS were at his apartment, watching Amelie, smoking pot, reading Harry Potter and f***ing.  AK returned to her home late the next morning.

Knox Version (B): AK was in the kitchen while PL was murdering Meredith

Knox Version (C): AK was in the kitchen while PL was murdering Meredith, and RS was probably there

Knox Version (D): AK has no clue what was going on, and doesn’t remember anything.

Version (A) is the story AK told in her book and on television—though the details are flexible.  Versions (B), (C), and (D) are the 3 statements she made November 5th/6th.

However, the truth Bruno and Marasca think is closest to the truth (pun intended), is version (C), with Guede as the killer instead of PL.

Other courts: Pre-Trial Judge Micheli (October 2008), Trial Judge Massei (2009), Appeal Judge Nencini (2014) all found that Knox was not only involved, but that she personally killed Meredith.  Even if you accept the Cassation ruling that AK wasn’t actually involved, the final ruling did place her at the crime scene, and RS probably so.

Bullshit level: COMPLETE

(2) Chapters 7, 8, 9: The Ensuing Investigation

AK goes on and on in WTBH about how she was trying to help the police.  She complains about how she was subjected to repeated and very lengthy interviews.  However, she never shared any of the insider information she had about that night.  The police officers involved noted that she and RS seemed particularly unhelpful.

Bullshit level: COMPLETE

(3) Chapters 10, 11: The Knox Interrogation Hoax

AK goes on in great detail especially in Chapter 10 about how she was lured to the police station, and brutally interrogated.  In her December 2013 email to Judge Nencini, she refers to it as “torture”.

Interesting how she remembers it with such lurid detail.

  As AK points out, there is no recording or video
  All of the officers involved give “very” different accounts
  AK claims to be traumatized and have her memory go blank

AK’s performance was convincing enough to make Judge Claudia Matteini (November 2007) believe PL was the killer.  But since then ....

(a) the 3 judge panel headed by Judge Massimo Ricciarelli (November 2007);

(b) the 5 judge Cassation panel headed by Judge Torquato Gemelli (April 2008);

(c) pre-trial Judge Paolo Micheli (October 2008);

(d) trial jury headed by Judge Giancarlo Massei (December 2009);

(e) appellate jury headed by Hellmann/Zanetti (October 2011);

(f) Cassation panel headed by Judge Chieffi (March 2013);

(g) appellate jury headed by Judge Alessandro Nencini (January 2014);

(h) Cassation panel headed by Bruno/Marasca (March 2015)

.... have ALL ruled that AK framed PL, and that she did it willingly, and wasn’t tricked or coerced.

Bullshit level: COMPLETE

(4) The Afterword: Everything After Hellmann’s Ruling

AK triumphantly declares that Cassation (2015) found her and RS innocent.  But once again, AK releases her book prior to the Cassation report.  Idiot.

Se especially here.

AK does misrepresent far more than just the 2015 Cassation findings in the Afterword.  More on that later.

Bullshit level: COMPLETE

(5) Understanding the Bruno/Marasca Ruling

At a minimum, Chapters 5, 6, 7, 8, 9, 10, 11 and the Afterword of “Waiting to be Heard” are complete bullshit.

Considering that these bogus claims are repeated throughout the book, it can reasonably be inferred that much of the rest is made up as well. 

This is not me talking.  This is referencing the Bruno/Marasca ruling, which as it stands, is final.

(6) Author’s Note

This is a lot of speculation on my part, (as Andrew Gumbel would say “hearsay and speculation abound”), but feel free to comment

The B/M report can be understood in one word: finality.  They don’t want any one else looking at it.

(A) B/M rule “insufficient evidence” rather than “innocent” hoping to placate the Italian public.

(B) B/M sabotage AK’s ECHR appeal chances, as they don’t want another court looking to carefully at it

(C) B/M ruling essentially says “just short of guilty” to stop AK/RS from crowing about their innocence.

(D) B/M ruling claims AK/RS lied and obstructed to ward off any potential wrongful imprisonment lawsuit.

(E) B/M do strongly imply AK/RS are guilty to try to give a “moral win” to the Kerchers.

(F) B/M appear to bend over backwards to acquit, trying to look “incompetent, at worst”, rather than corrupt.

(6) The problem is: Bruno and Marasca haven’t taken into account the personalities of everyone involved

(a) The Hellmann/Zanetti ruling (October 2011) stunk of corruption, so Italy would be immediately suspicious of anything remotely similar.

(b) AK’s ECHR appeal seems to warded off for now, but AK seems hell bent on going ahead anyway.

(c) AK/RS did start parading around again, and AK re-released her book

(d) RS and Papa Sollecito sued anyway.

(e) Far from giving a “moral win”, this ruling and the accompanying report just leave a bad taste.

(7) Bullshit in WTBH (Beyond Bruno/Marasca)

Chapter 1: Before Leaving Italy

Questions For Knox: Why The Huge Lie About Your ZERO Academic Intentions In Europe?

Chapter 2: Federico Martini (a.k.a. Cristiano)

US And UK Media Wrongly Attribute Italian Report Of Knox/Cocaine-Dealer Link To Trial Prosecutors

Multiple: Capanne Chapters

The Amanda Knox Book: Good Reporters Start To Surface Amanda Knox’s False Claims In Droves

Chapter 31-35: The Hellmann Appeal

A Summary Of The Cassazione Ruling On Annulment Of The Knox-Sollecito Appeal

4. Final Thoughts

I stand by my claim that WTBH is 90-95% bullshit.

Fair to say, Bruno and Marasca would likely agree.


Wednesday, January 27, 2016

Why Guede’s Ex-Lawyers Really Bailed On Him? The Italian Perception

Posted by Peter Quennell





Way too much is being made of this in the US in a wrong way.

Biscotti and Gentile of Perugia are not Italy’s winningest team. They have had precisely two cases of national significance in Italy. And both of their clients are serving long terms in prison.

  • Rudy Guede is serving 16 years in Viterbo Prison awarded by the Perugia court and confirmed by Cassation and another three years awarded by the Milan court for stolen property.

  • Salvatore Parolisi (seen above with the lawyers) was sentenced to 20 years for killing his wife Melania Rea with 35 stab wounds, and is appealing for a sentence reduction (really).

We posted a lot on Melania’s case starting even before it was clear that her soldier-husband killed her, in a very elaborate premeditated staging so he could continue life with his girlfriend.

Salvatore and Melania had a little daughter. Melania’s parents not only washed their hands of him after initially defending him, believing his tale that he was innocent.

They ran a blowtorch of a media campaign against him, the sort of thing Knox & Sollecito escaped, and for a while there he was the most hated man in Italy.

To their considerable credit, Biscotti and Gentile do accept to try to defend these low-income clients. But their fees cannot be remotely like those of the Sollecito and Knox teams.

And they do need to win some cases, and to attract more cases, and it is hard to see how they can help Guede to win anything at all in the law courts.

In fact, they never have won anything, ever, for Guede.

He chose the short-form trial in Perugia and the sentence was eventually set by Judge Massei at 16 years under the formula. The three years he was awarded in Milan was to code also.

Ten to one against this, but if the Sollecitos DO sue Rudy Guede as they are threatening for fingering RS as one of Meredith’s killers he is likely to spill the beans entirely.

That wont require any lawyers.


Tuesday, January 26, 2016

Is Francesco Sollecito Forced Into Legal Aggression Anti-Guede Which Could Rebound?

Posted by Peter Quennell




Legal Development

Francesco Sollecito is being reported as denouncing Guede and initiating actions against him - and the Republic of Italy.

What must have looked to him nicely wound up by the Fifth Chambers at the end of March last year does seem to have a pesky tendency to become unwound.

It was unwound a bit by the continuance of Sollecito’s book trial in which RS lawyer Bongiorno refused to become involved. It was unwound a bit by the charges Dr Mignini requested against the RS lawyer Maori mid-year. It was unwound a bit by the Fifth Chambers with the poisoned sting at the end of its Report.

That Motavazione as phrased could open the way to a wrongful death suit against Sollecito (and Knox) or a petition to the President. A “guilty” verdict on the numerous false claims in Sollecito’s book could open the way to civil suits.

The petition was filed today at the Court of Appeal of Florence by their lawyers Giulia Bongiorno and Luca Maori. The lawyers decided to turn to the last trial court that dealt with the process. In particular, they demanded compensation of 516,000 Euros for the detention to which Sollecito was submitted from 6 November 2007 to 4 October 2011.

The computer engineer from Puglia has always proclaimed he was not involved in the murder and was finally acquitted along with Amanda Knox.  “I can not spend my life defending myself from something I have not done ...”: Raffaele Sollecito commented on the interview… 

He was followed by his father Francesco in transmitting a statement from their home in Puglia. “Raffaele is shocked and outraged,” said Francesco Sollecito. “I am also deeply outraged. I did not even sleep last night.” The father of Raffaele - finally acquitted for a murder he always proclaimed he was outside of - criticized in particular “Guede’s attitude towards the brutally murdered girl. Guede is refuted by the procedural documents, many of which are omitted in the interview. It was denied, among other things, by Raffaele’s friends that there was a random meeting with Meredith Kercher.”

“Guede still has to explain why he was in that house and why he went to the disco after finding the body. Let us remember, Francesco Sollecito empahsized again, that he is a person definitively convicted of murder. “

No mention at all of Knox? She was the one Guede really nailed, though Raffaele was pretty firmly placed at the crime scene too.

Last year, a bombastic Raffaele Sollecito had threatened to file a suit against Italy, but his father and lawyers had wound him back. Presumably because way, way, way too much could come out. “Take care about what you wish for.” “Let sleeping dogs lie.” “Discretion is the better part of valor.” Take your choice.

But such a suit is normal and expected. It would look suspicious if it was never filed. Now the Florence prosecution may get the chance to make the case in full the Fifth Chambers never heard.

Storms In The Past

Francesco Sollecito and Raffaele Sollecito and Vanessa Sollecito are all notorious for loosing their cool.

Francesco lost it here toward Raffaele, and especially here. Vanessa lost it here and again here. Everybody lost it toward Amanda Knox. Sollecito’s own book describes that rage.

And take a look. Despite supposed “honor bound” there are dozens of examples there.

Francesco Sollecito lost it after the Hellmann acquittal when Raffaele said he and Knox were still a thing, and again when RS took off to Seattle after Knox. He lost it again when a false felony claim in Sollecito’s book was unveiled on national TV.

Bongiorno also often seems in a rage. Hmmm. A group of people in a rage, and then things go too far. Where have we heard that before?


Friday, January 15, 2016

Beyond The Italian And UK Media Reports That Knox Was Found Not Guilty Of Calunnia II

Posted by Our Main Posters



Knox with Rita Ficarra who Knox accused of hitting her.


UK media are reporting that the case was about slander, in effect a civil case by those who consider themselves damaged.

But in fact this was calunnia, which is more serious, a false accusation of a crime to a justice official, in this case the claim Knox made on the stand that she was forced to finger Patrick.

We are told this is key context which the UK reporting leaves out. 

    1. The original complaint was made (the rules required it) by those who were accused before the 2009 trial ended with a verdict of Knox’s guilt.

    2. Preceding Knox on the stand had been all of those she accused. So to court-watchers in Italy her testimony was not a convincing show.

    3. Knox was thereafter found guilty for essentially the same crime, with a sentence set at three years by Judge Hellmann and endorsed by the Fifth Chambers of the Supreme Court.

In effect, justice had been served for the false claims. Italian justice officials still have a big shot at worse claims in Knox’s book.

Under the Statute Of Limitations, as the book was added-to and re-issued in 2015, that opportunity exists for another five years.


Thursday, November 05, 2015

A Critique In Five Parts Of The Fifth Chambers Motivation Report By Judges Marasca And Bruno #1

Posted by James Raper



Image is of busy Rome at night

The Fifth Chambers Motivation Report

I will be critiquing the final 34 pages of the Motivation Report, the decisions and verdict parts.

This is the 54 page report released by the Fifth Chambers of the Italian Supreme Court late in September. For a full translation of the Report which can be referred to or downloaded please click here.

Key Decisions Of The Court

These are the eight main decisions I found In The Report -

    1.  The standard of “beyond any reasonable doubt” was not met due to insufficient and/or contradictory evidence - pursuant to Article 530, section 2 of the Italian Code of Criminal Procedure.

    2.  Multiple attackers upheld. Guede was guilty with others unknown.

    3.  The break-in in Romanelli’s room was staged.

    4.  Amanda Knox was present in the cottage at the time of the murder but there is insufficient evidence that she played a participatory role.

    5.  The DNA profile of Meredith Kercher on the knife and the DNA profile of Raffaele Sollecito on the bra clasp have “no probative or circumstantial relevance”

    6.  “Motive is not irrelevant” and motive was not established.

    7.  No selective cleaning.

    8.  No purpose would be served in remanding the case back to the 1st instance court of appeal (as had occurred on appeal against acquittal)

I am going to examine the 34 pages in which Marasca-Bruno present their rationale for the above. These pages also include reasons for the dismissal of various appeal submissions, which are of no interest to this critique.

Central to the acquittals is of course the claim that that the evidence was insufficient and/or contradictory and I shall look closely at how the Report sets out to demonstrate this.

We shall discover that a number of these co-called contradictions are not plausibly inherent in the trial evidence or in previous reports but are in fact the result of illogical reasoning, dogmatic assertion, indeed simply plucked from the air, by the 5th Chambers itself.

My Own Overall Reaction To The Report

My overall reaction to the Report is that it is quite unlike any other reasoning I have seen produced by a court of law. 

It smacks of a desperate attempt to bring home an incomprehensible verdict.

The language and the dogmatic assertions, unsupported by any evidence, are quite startling.

The competence of the investigators, the forensic service and the judges who have adjudicated previously in the case, is called into question, frequently in a preposterous way. 

I suspect that the Report was written with a view to the media being able to lift headlines from it, and many such potential headlines are to be found loaded towards the front of the Report. The busy tabloid editors dream.

Indeed the Report (when it actually has anything to say) is akin to opinion based journalism; inadequately researched and ill-considered.

There is a substantial amount of ponderous, self indulgent, and obfuscatory “scholastic” waffle in the Report. It forms a turgid barrier (like thick treacle) for the reader and, of course, the Courts’ affirmation that Knox was present when the murder was committed is only to be found deep into the Report.

Remove this waffle and padding however and the illogical and self -defeating nature of the reasoning stands out.

It is odd that some of the lengthy legal citations appear to conflict with the point that the Court is trying to make.

The Report challenges, if not overturns, some settled and well understood legal concepts in criminal law and natural justice and violates aspects of the Italian Code of Criminal Procedure. This must be of some concern to the Italian judiciary in general.

If ever there was a Supreme Court judgement that needed to be referred by the Italian President to the Council of Magistrates for review, this is it.

My Critique Of The Decisions Part #1

On The Nencini Appeal

So, let’s start. We begin with Marasca-Bruno setting the stage for their play (which as it progresses, bears a marked resemblance to Hamlet).

The Report claims that the Nencini appeal was -

“conditioned by the prospect of the factual profile unexpectedly included in the sentence of annulment ( i.e annulling Hellmann); such that the stringent and analytical evaluation of the Supreme Court might unavoidably force one towards affirming the guilt of the two accused. Misguided by this basic misunderstanding, the same judge is drawn into logical inconsistencies and obvious errors of judgement that are here reported.”

The Report refers to “the troubled and intrinsically contradictory path” of the history of the trial, by which, of course, they mean the acquittals at the Hellmann appeal.

“An objectively wavering process, whose oscillations, however, are also the result of clamorous failures, or investigative “amnesia” and culpable omissions of investigative activity. Had they been carried out these would, in all probability, have led to a picture, if not of certainty, to at least of tranquil reliability, pointing to either the guilt or innocence of today’s accused. Such a scenario, intrinsically contradictory, constitutes in itself, already, a first and eloquent signal of an investigation that was never capable of reaching a conclusion that was beyond any reasonable doubt.”

There are many carefully crafted layers of deception, supposition and “begging the question” in the above two quotes.

The first is that there was a factual profile (without stating what this was) emerging from the sentence of annulment.

That would not be true since all that the Supreme Court 1st Chambers did was annul Hellmann’s verdicts having accepted the prosecution’s grounds of appeal, one of which, incidentally, was that Hellmann was riddled with examples of “begging the question”, a trait which Marasca and Bruno are by no means averse to themselves.

That left the judicial process with the factual profile that emerged from the Massei trial, modified, if at all, by trial evidence from Hellmann.

Marasca-Bruno also quite arbitrarily assert that Nencini was “conditioned” and “misguided” by the terms of the annulment.

Whatever errors Nencini may have made in his Report (and there were a few) I can only find one (see later) that could have been potentially significant, an error in law, that is certainly censurable, but it is highly subjective and offensive to assert that these were conditioned by and a consequence of the annulment, or imply that they had an impact on the verdict. That assertion is simply begging the question and is clearly an affront to the appeal judge.

It is, of course, perfectly true that the Hellmann annulment came with a request from the 1st Chambers of the Supreme Court for the Florence appeal court to consider, (to paraphrase), “within it’s broadest discretion, the possibility of determining the subjective positions of Guede’s co-conspirators within a range of hypothetical situations, from premeditated intent to kill to an unwanted sex game that got out of control”.

To be clear, being asked to consider someone’s subjective position is not just an invitation to consider motive but more broadly an invitation to consider that person’s understanding of the nature and consequences of his interaction, or non-interaction, with a situation.

As it happened Nencini demonstrated latitude and independence in considering an entirely different and just as likely, if not more so, hypothesis. The hypothesis was not an affirmation of guilt, let alone proof, but was an element in the picture, and was certainly not forced upon the court by the terms of the annulment.

Marasca-Bruno may not have cared much for Nencini’s hypothesis (see later) but they can hardly, to be consistent, deplore the motivation given that they come up with (be it on little evidence) a subjective and puzzling scenario of their own for Knox (see the end of this critique) that leaves a lot of questions begging.

Equally begging the question is that the Hellmann acquittals were the consequence of an investigation that was never capable of reaching a conclusion that was beyond reasonable doubt. Marasca-Bruno also seem to accept, they certainly imply, that even an annulled verdict is evidence of reasonable doubt. Again there is no logical connection for that given that the verdict - they accept this - was correctly annulled..

All these assertions require to be demonstrated. Are they?

On The Claimed Media Impact

Next the Report claims that the media impacted on the conduct of the investigation and the judicial proceedings. There was “an unusual media clamour” of an international nature that -

“led to a sudden acceleration of the investigation, in the frantic search for one or more guilty people to placate international opinion, and certainly did not help lead to the truth”¦”¦”¦”¦”¦”¦”¦”¦media attention led to “prejudicial reflexes”, “procedural deviations”, generating “illicit noise” in the provision of information. This is not so much from the late discovery of witnesses, as of the raiding of the trial by the impromptu propulsion of detainees with proven criminal records, who are certainly not people averse to moments of pathological lying”¦”

The media, take note. But it is the investigators that are once again being called to account here.

Marasca-Bruno do not identify the point at which the aforesaid sudden acceleration is supposed to occur but I would hazard a guess that it was when the investigators discovered the body of a girl who had been brutally murdered. The only propulsion required would be the perfectly natural need to identify and detain the perpetrators, and not what the media was saying about the case.

Marasca-Bruno do not produce one convincing iota of evidence that the investigators were unduly influenced by the media attention rather than the evidence they were obtaining.

There is, of course, more than a nod to the defence PR myth of a Rush to Judgement about the above. However it is overlooked that there was a period of 7 months between the arrest of Knox and Sollecito and the prosecution notifying all concerned that they were ready to press charges.

Marasca-Bruno are, of course, perfectly right about Alessi and Aviello but omit to mention their names and that these were witnesses called by the defence. The media had nothing to do with that, but rather the evidence of multiple attackers.

Thus ends the setting of the stage for a play within a play.

We should now be aware that there is something rotten in the State of Denmark, with which a theatrical Marasca-Bruno, the personifications of Hamlet, are about to grapple. Nencini becomes Claudius who, as revealed by a supernatural apparition, had murdered Hamlet’s father (Hellmann).

On Multiple Attackers

We now come to a clear and unequivocal endorsement of multiple attackers. Well done.

And then, and here I somewhat reluctantly have to agree, Marasca-Bruno identify an error in law in the Nencini Report.

Nencini referred to Guede’s appearance at the Hellmann appeal when Guede was questioned as to the letter he wrote in response to the allegation concerning him made by Alessi. In this letter, read out to the court, Guede wrote “I hope that sooner or later the judges realize my complete lack of involvement in what was a horrible murder of Meredith a lovely wonderful young woman, by Raffaele Sollecito and Amanda Knox.”

Guede had not specifically said as much before and when cross-examined on the matter he declined to answer, referring the court to his previous statements. Nencini’s error was to treat the letter and those previous statements, in as much as they contained accusations placing Knox and Sollecito at the cottage at the time of the murder, as admissible circumstantial evidence.

That, however, is expressly excluded by the rule that states that incriminatory statements made by a witness of another are inadmissible unless the witness submits to cross-examination on them.

It should, however, be remembered that Guede did not give evidence at the Massei trial (nor were his previous statements admitted) and so it cannot be said that the error was that significant in the context of the evidence as a whole.

On The Trial Process

Having set the stage and dealt with points of law Marasca-Bruno now turn to the “merit of the trial process” which, of course they have already, and without merit, managed to sully.

Particularly this involves looking at the “Motivational structure of the ruling under appeal”.

“Discrepancies, inconsistencies and errors in judgement do not escape notice.”

They then proceed to set these out.

1. The Issue Of Motive

“Erroneous, in the first place, is the assertion regarding the substantive irrelevance of ascertaining the motive for the murderous act. This cannot be accepted in the light of the unquestioned doctrine of this regulating court, relating to the relevance of motive as the glue that links the various elements of which proof is made, especially in circumstantial cases such as the one at hand”

Well, Nencini did not maintain that motive was irrelevant, or even substantially irrelevant, per se. What he did say was this -

“Regarding motive, first it is necessary to quote the teaching of the Court of Legitimacy on whose opinion the precise indication of a motive for the crime of murder loses relevance when the attribution of responsibility to a defendant derives from a precise and concordant evidentiary framework (see Supreme Court, section 1 Criminal Sentence No. 11807, 12th February 2009).”

Marasca-Bruno ignore the above but quote another bit of law which, to paraphrase it,  because it becomes complicated in translation, states that motive, whilst capable of constituting an element, has to be congruent with and capable of pointing all the elements of the evidence in a single direction, in a clear, precise and convergent manner, failing which any motive so postulated attains an air of ambiguity unable to fulfill it’s purpose.

Marasca-Bruno continue -

“”¦..which as we shall see shortly, (such purpose) cannot be maintained in the case at hand, in the face of a body of evidence which is ambiguous and intrinsically contradictory.”

If my paraphrasing is correct, then this does not contradict Nencini. Indeed the quotes, taken together, are complimentary and encapsulate what just about every criminal lawyer understands to be correct about the relevance of a motive in criminal proceedings. Nencini is not erroneous. Motive is not central. It is an element which may be useful. Futile and trivial motives are difficult to pin down to a specific cause. There are, indeed, glues other than motive, which fulfill the same purpose, such as the behaviour, lies, inconsistencies and contradictions referable to the words and actions of the accused themselves.

Finally, on motive, Marasca-Bruno make another point.

Guede had a sexual motive but this cannot be extended to others. To demonstrate the point they present the following argument, but here, again, I encounter a difficulty with the translation into English, and so I paraphrase:

“If it would be manifestly illogical (ed: as it would be) to hypothesize the involvement of Romanelli and Mezetti in the murder, and in complicity with a complete stranger, then it is equally illogical not to extend the same argument to Sollecito who had never met Guede.”

According to M-B, Nencini’s failure to advance this argument is a judicial error.

However I can quite understand why he did not advance it.

Firstly, the argument is based on Guede’s sexual motive and the implied premise that gender and sexual assault are related, which does render the involvement of Romanelli and Mezetti unlikely but does not help Sollecito.

Secondly, the lack of a link to Guede, in either case but particularly in Sollecito’s case, has nothing to do with whether or not the hypothesized perpetrator would in fact possess such a motive. Thirdly there is a link anyway, Knox,

The argument might conceivably operate on another plane, leaving aside sexual motive. Would anyone commit murder with a stranger?  Well it happens in fact, particularly if there is a party who can link the strangers together.

The reason, of course, why one cannot hypothesize the involvement of Romanelli and Mezetti in the murder is that they both had proven alibis, whereas Sollecito did not, and that would seem to be the more pertinent fact.

It is a suggestive argument but one that is flawed. In any event it is not significant and Marasca-Bruno are not averse from making significant judicial errors themselves, as we shall see.

***

Please click here for the next post.


Wednesday, November 04, 2015

A Critique In Five Parts Of The Fifth Chambers Motivation Report By Judges Marasca And Bruno #2

Posted by James Raper



Image is of busy Rome at night

The Fifth Chambers Motivation Report

I continue critiquing the final 34 pages of the Motivation Report, the decisions and verdict parts.

My first post can be read here. A full translation of the Report can be read here.

Time of Death

“Another judicial error is the finding that the establishment of Kercher’s exact time of death was irrelevant, in the belief that the approximate timing offered by the expert investigators was sufficient, for all that this may have been correct at the trial stage”¦”¦”¦”¦”¦.time of death is an unavoidable factual pre-requisite for the verification of the defendants”˜ alibis.”

Once again, this is to entirely misrepresent Nencini.  He did not say that the TOD was irrelevant, and as for an exact TOD this would be impossible, even if the temperature of the body had been taken by the pathologist as soon as he arrived at the scene of the crime, which I am sure any intelligent and informed observer would understand. That would have narrowed the time frame very probably, but it was not a “judicial error”.

We could go on and delve into the evidence, particularly the expert and other evidence which became available over time and which conditioned Nencini’s observations, but Marasca-Bruno do not, instead resorting to a banal statement that does not take account of any of the foregoing.

“Deplorable carelessness in the preliminary investigative phase”¦”¦[ ed: not taking body temperature, yes, but other forensic considerations had to apply as well]”¦....a banal arithmetic mean between a possible earliest time and a possible latest time (from around 6.50 pm on the 1st Nov to 4.50 am of the following day), thus fixing the time at about 11 -11.30pm”

At the time of the Massei trial the pathologist, Dr Lalli had concluded that death may have occurred between 8 pm on the 1st Nov and 4.00 am the next day. This was based on calculating temperature decrease in the cadaver, taking the Henssge nomogram into account, rigor mortis, hypostatic marks etc. The Henssge nomogram also allows one to calculate back a specific number of hours from the time of first measurement and this permitted an intermediate valuation of about 11 pm. It was not simply an arithmetic mean.

But in any event, the decision not to take the body temperature but rather preserve the scene for forensics for about 11 hours had no detrimental impact upon the defendants’ alibis. It is accepted that Meredith was certainly alive at 9 pm on the 1st Nov and there is nothing to corroborate an alibi for the accused from 9.15 pm onwards on the 1st Nov until 5. 30 am the following day.  Body temperature taken, and rigor mortis observed, earlier, would not have been able to narrow TOD down to a period of 15 minutes ( 9 to 9.15 pm), and hence prior to the last temporal reference point for a credible alibi, the interaction on Sollecito’s computer, or anything like that.

On The Scientific Evidence

Marasca-Bruno observe that there is a debate to be had here as to -

“The legal value attributable to scientific evidence, with particular reference to the genetic investigations, acquired in violation of the rules established by international protocols.”

The terms of the debate therefore define it”˜s conclusion.

There are, they say, two theories which have to be balanced -

(1) “that which puts an increasing amount of weight on the contribution of science, even if not validated by the scientific community,” 

and

(2)  “that which insists on the primacy of law and postulates that, in deference to the rules of criminal procedure, only those scientific experiments validated according to commonly accepted methodological canons may be allowed to enter.”

No cigars for guessing which self- formulated option they prefer. It is, of course, (2), but still they have already both begged and loaded the question with their insistence on “validation” (which in this context means repeating the scientific test to obtain the same result) according to “international protocols”

Then, to disguise that selection, we have this -

“The court concedes that this delicate problem”¦..must find a solution in the general rules that inform our legal system”¦.and not”¦.in an abstract insistence on the primacy of science over law or vice versa”¦”¦”¦”¦”¦”¦”¦. Scientific proof cannot, in fact, aspire to an unconditional credit of self-referential trustworthiness in the trial setting, by the very fact that a criminal trial renounces all notion of legal proof.”

Marasca-Bruno would not be so stupid as to insist that science has primacy over law in a trial setting.  Would they? The law, having primacy, must find the means to accommodate the maxims of science, but within the general rules that inform the legal system.

They continue -

“The reference co-ordinates will have to be those attaching to the principle of cross examination and to the judge’s control over the process of formation of evidence, which must respect preordained guarantees, the observance of which must strictly govern the judgement of the relevant results’ reliability.”

Interesting. “Cross-examination”? Perhaps they are reminded of the decisive inadmissibility of the previously discussed section of Guede’s letter. Can the DNA traces on the knife and the bra clasp fall into the same category? Can “validity according to international protocols” be a preordained guarantee, in the same manner as the rights of an accused not to be incriminated by a witness who refuses cross-examination is guaranteed by Article 526 of the ICCP?

If so, then some compelling reason will have to be advanced - abiding by the rules of evidence that inform the legal system. They cannot refer to an Article on the point in the ICCP. There is none, and if there were, and if it stated that the repeatability of a scientific test was a guarantee for the test to be reliable and/or admissible, then sample 36b from the knife would not even have made it into the trial. And this is not the fault of the ICCP. There is no other body of law in the world that I am aware of that embodies any such guarantee, even for Low Copy DNA. And the reason for that, in part, is that there is no internationally recognized protocol, and precisely because there is no agreement in the scientific community as to this as yet.

Marasca-Bruno tend to treat “reliability” and “admissibility” as interchangeable concepts, and indeed, given the manner in which they consider these concepts, in the context of the topic under discussion, there is some logic to this, for surely if a piece of evidence is pre-ordained as unreliable then it must be inadmissible as well.

There then follows a lot more pompous waffle that need not detain us, other than to comment that none of this advances, and indeed does not even consider, any compelling reason for regarding repeatability as a pre-ordained guarantee from the point of view of admissible, or reliable, evidence.

Indeed, the ICCP does specifically take into account non-repeatable tests for we can find in Article 360 that provided the conditions therein are complied with then the results of non-repeatable technical tests are admissible.

Why the insistence on repeatability despite Article 360?

Does the testimony of an eye witness to a crime have to be corroborated by a video of the incident, or other eye witness testimony, before his testimony can be considered reliable and admissible?

Why is the result of a scientific test, conducted in accordance with a method which has already been repeatedly used in the scientific community to establish the validity of the method, be treated any differently?

The eye witness, of course, does not have a video of the incident by which to check his memory, whereas a biological trace may well be sufficient to allow for repeated tests. However in such cases, if there is no repeat, the result is not automatically ruled unreliable or invalid. It is for the defence to request a repeat and if they do not, then it does not happen.

There would, of course, be a capacity for repeat, which Low Copy Number might not have, but if repeats do not occur when the capacity exists, then this is because the result is unambiguous, as the results were, for the judge a quo, in the case of Meredith’s profile on the knife and Sollecito’s profile on the bra clasp.

However, Marasca-Bruno move on to declare that they do not share Nencini’s lack of hesitation in attributing evidentiary value to the knife and bra clasp results.

They quote the jurisprudence of the Supreme Court, in genetic investigations, about it’s degree of reliability -

“full value of proof, and not merely as an element of circumstantial evidence according to Article 192.”¦”

adding that

“in cases where the genetic investigation doesn’t provide absolutely certain findings, circumstantial value can be attributed to it’s results (section 2,n. 8434 of 05/02/2013, etc”¦”¦)”¦”¦which mean that where identity is established, the findings of the genetic investigation assume significant evidence, while in the case of mere compatibility with a specific genetic profile, they only have circumstantial importance.”

It is at this point that I had to pause and consider the very real possibility that Marasca-Bruno may have the combined denseness of two planks of wood nailed together. 

The compatibility of trace B on the knife with the genetic profile of Meredith Kercher is such that it is full proof of the “identity” of the trace, certainly established, and that by any scientific protocol. That was acknowledged by all the trial experts and even, though with some reluctance, by Vecchiotti.

Even if not full proof of ID it certainly has significant circumstantial relevance, according to the above and pursuant to Article 190 (which is mentioned later).

With that uncomfortable thought perhaps lurking in the back of their minds, they seek to obfuscate matters -

“As a general rule it is possible to adhere to these conclusions, on the condition, though, that the activity of collecting samples, storage and analysis of the exhibits has respected the regulations approved by the protocols of the profession.”

They then, rather bizarrely, go on to aver that that the correct methods, to preserve authenticity, were stated by the Supreme Court”¦..“even if only on the subject of information technology evidence” 

Eh ?!

They refer to Article 192, section 2 -

“The existence of a fact cannot be deduced from pieces of circumstantial evidence unless they are serious, precise and consistent.”

They opine -

“Taking into account such considerations [ed: “such considerations” need not concern us - they were just preceding waffle] one really cannot see how the results of the genetic analysis - that were performed in violation of recommendations for the protocols regarding the collection and storage - can be endowed with the characteristics of seriousness and preciseness.”

John McEnroe and “You cannot be serious!” springs to mind.

They are also confusing the information obtained from the electropherogram with sample collection methods.

It is, of course, important to maintain clarity of thought by keeping the issue of the value of the evidence [ed: it’s seriousness, precision and consistency] apart from the issue of contamination. As Nencini and others were able to do. Marasca-Bruno are running these issues together.

“It is absolutely certain that these methods were not complied with [cites the C-V Report] -

(a) The knife collected and then preserved in a cardboard box, of the sort used to package Xmas gadgets, agendas “¦”¦”¦.

(b) The bra clasp [collected 46 days after] “¦”¦”¦”¦..the photographic documentation demonstrating that at the time of collection, the clasp was passed from hand to hand”¦. In addition wearing dirty latex gloves.”

Shall I comment? Oh, alright. What is the relevance of the cardboard box unless it was a conduit for contamination?  That was not even hypothetically plausible.

Yes, as we all know the bra clasp was recovered after 46 days. But where are these collection protocols that are internationally recognized and are a pre-ordained guarantee recognized by law?

As for dirty gloves the only evidence of this that I have seen is a photograph of the bra clasp being held in one gloved hand whilst the glove on another hand, patently belonging to the same operative, shows spots of some substance on it, which spots are most probably, in the circumstances, blood derived from the clasp the operative is holding.

Where is the common sense of the 5th Chambers?

What exactly was wrong with the in-depth common sense analysis of Massei and Nencini?

And so we swing back to the conclusion that was their premise.

“In essence, it is nothing less than a procedure of validation or falsification typical of the scientific method, of which we have talked before. And it is significant, in this regard, that the experts Berti-Berni, officials of the R.I.S Roma, carried out two amplifications of the trace (ed: 36I) retrieved from the knife blade.

In the absence of verification by repetition of the investigative data, it is questionable what could be the relevant value to the proceedings, even if detached from the scientific theoretical debate, of the relevance of outcomes carried out on such scarce or complex samples in situations not allowing repetition.”

Let us recall what actually happened with sample 36I. In 2013 this sample, which had not been analyzed by the Independent Experts, was analyzed by Berti-Berni. The sample was Low Copy Number and the quantum of DNA present was significantly less than was present with sample 36B. However they were able to carry out the test with a repeat because since 2007 there had been further technical advances in the equipment.

The repeat confirmed the evidential value of the first test (Knox) despite the low level of DNA. Low Copy Number, as an inherent problem per se, and as evidence of contamination per se, as argued in the case of 36B (Meredith), was shown not to be an issue. That was what was truly significant about the test, and it underscores that the result of the test on 36B had significant evidential value.

The knife and the bra clasp -

“”¦.cannot take on either probative or circumstantial relevance precisely because, according to the aforementioned laws of science, they necessitated validation and falsification.”

The primacy of the rules of evidence has just been jettisoned with this dogmatic assertion, which is not even derived from the logic of the argument they have presented in support. Indeed much of the argument (or rather, the waffle) is merely this dogmatic assertion in numerous different guises and tediously extended formulations of itself.

Not only that but Guede was also convicted on the basis of DNA tests that were not repeated!

One wonders what criminal judges in Italy will make of this, and of the fact that judges from the 5th Chambers, who deal primarily in matters other than criminal law, have presumed to lay down law to them in this field.

The reality is that despite this nothing will change as to the rules of evidence and how forensic evidence is evaluated in the criminal courts. The system, understandably, will not countenance that. That will leave this case, as it pertains to Knox and Sollecito, as an exception, a bizarre anomaly in the judicial record.

Perhaps, in the future it will not present a practical problem, given that developments in technology are able to detect even smaller amounts of DNA, thus allowing for repeats.

***

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Tuesday, November 03, 2015

A Critique In Five Parts Of The Fifth Chambers Motivation Report By Judges Marasca And Bruno #3

Posted by James Raper



Image is of busy Rome at night

The Fifth Chambers Motivation Report

I continue critiquing the final 34 pages of the Motivation Report, the decisions and verdict parts.

My first post can be read here and the second read here.  A full translation of the Report can be read here.

Traces in the Murder Room, the Small Bathroom and the Corridor

A selection of quotes from the Report -

“Total absence of biological traces attributable with certainty to the two defendants in the murder room.”

“An insurmountable monolithic barrier on the path taken by the fact finding judge.”

Selective cleaning - “an hypothesis that is patently illogical”

“Selective cleaning not capable of escaping detection by luminol is, for sure, impossible”

It follows, of course, that if the knife and bra clasp have no probative or circumstantial value (effectively rendered inadmissible as far as the incriminating traces on them are concerned) then there are no biological traces attributable to Knox and Sollecito in Meredith’s room. However it is an exaggeration to present this as an insurmountable monolithic barrier to the fact finding path.

Marasca-Bruno misrepresent and trivialise what was undoubtedly a manipulation of the crime scene (i.e the cottage) by the removal of traces of blood, and in this limited sense “selective”, by insisting on using the word “selective” across the board, and in the main to refer to removal of DNA, in both a derogatory and confusing manner and to sidestep the real issue.

The removal of traces of blood, whether selective or not, is not capable of escaping detection by luminol, as they appear to explicitly acknowledge.

Therefore the comment that “selective cleaning” is an hypothesis that is patently illogical is patently deceitful and unworthy of their station as Supreme Court judges.

Having just done a bit of misrepresenting themselves Mascara-Bruno then claim to have unearthed “an obvious misrepresentation of evidence” - presumably by judges previously involved in the case. They say that the SAL had excluded (because of the TMB test) that the luminol enhanced traces were of an haematic nature.

This, of course, is a manifest misrepresentation. TMB is a specific presumptive test for blood. However, that the TMB testing was negative (no result) does not exclude that the traces were haematic in nature, even if the presumption must be that they were not.

They then criticise Nencini -

“Not only that, but it is patently illogical, in this context, the reasoning of the fact finding judge, who reckons being able to overcome the defensive objection that the luminescent bluish reaction generated by luminol can be produced by substances different from blood (for instance leftovers of cleaning detergents, fruit juice and many others), by arguing that the reasoning, while theoretically correct, has however to be contextualised, meaning that if the fluorescence occurs at a place where a murder occurred, the reaction cannot but be connected with haematic traces.

The weakness of the argument is such, already at first sight, that it does not require any confutation, since to reason in that way one should also surmise that the house on via della Pergola was never the object of cleanings nor was a lived in location.

This observation hence allows us to categorically exclude that those traces were made of blood and wilfully removed in that circumstance.”

Oh dear. What is this Court of Legitimacy doing?  Cherry picking, misrepresenting the evidence, entering into a discussion of the merits in line with desperate defence submissions, and drawing conclusions on that basis, that’s what.

I have refrained so far from bringing under discussion glaring omissions of evidence for the reason that I am responding to argument.

However it’s time for the gloves to come off because the above is simply unacceptable.

Reading through this report one gets the impression that Marasca-Bruno think it is sufficient that they are only responding to the Nencini Report and that it is sufficient to pick holes here and there, as if they were marking a student”˜s exam paper, and with the defence submissions as a model answer. That is manifestly inappropriate, even for a Court of Legitimacy.

So here are other reasons to support Nencini”˜s contextualising.

1.  If the luminol fluorescence was due to non-haematic substances such as bleach, fruit juice etc ( due to the fact that the cottage was lived in) then it is remarkable indeed, since the investigators could not see what they were looking for, and therefore where to spray, and therefore sprayed everywhere in the corridor and elsewhere (but not in Meredith’s room, it seems), that fluorescent patches did not appear in smears all over the place but instead were limited to and grouped in specific places, and in a specific way, that is, in the shape of footprints.

2.  There were 4 obvious bare footprints located by the luminol and 3 of these were of a shape and size attributable to a woman - compatible with Knox in fact. One was in Knox’s bedroom, the other two in the corridor, that is, between Knox”˜s room and Meredith”˜s room. The two in the corridor contained Meredith’s DNA.  It is not possible to obtain DNA from bleach or fruit juice etc.

3. The 4th was compatible with Sollecito and the bloody print on the bathmat in the small bathroom.

4. The luminol hits took place on the 18th December whereas the murder occurred on the 1st Nov. The hypochlorite in bleach responsible for luminol emitting light evaporates naturally after just a few days and therefore bleach as a source for the fluorescence can be excluded.

5.  If the fluorescence was due to the peradoxise in fruit juice or other vegetable matter then there should at least be some rational explanation as to why Knox had such substances on the sole of her foot, and why does the peradoxise not show up where she had not stepped in it? What would be the source for these substances and how would they have got there? No explanation has ever been advanced.

6.  As already mentioned the TMB tests on the luminol hits do not categorically exclude blood. Indeed TMB applied after luminol is less likely to bring up a positive result because the chemical reaction for both applications is the same, and luminol is far more sensitive than TMB. That was made clear by, amongst others, Dr Gino who was in fact an expert witness for the defence.

All in all, given the considerable quantity of blood in Meredith’s room, and the fact that it had certainly been tracked outside of her room, visually obvious in the small bathroom, Nencini’s “contextualizing” is not at all illogical. It is plain common sense.

Indeed relevant observations here - before I leave the topic - are that there were no visible connecting bloody footprints between Meredith’s room and the bloody footprint on the bathmat in the small bathroom, and whilst there was blood on the inside handle of her door, there was none on the outside handle, although the door was closed and locked.

When discussing the relative merit of presumptions arising from the luminol and TMB tests, context and the trial evidence are everything. If Marasca-Bruno are relying on some other source of information, then they should - if they are acting in good faith - have disclosed this.

I will leave the last word on this to Nencini, who opined that the defence attempts to argue that the luminol hits were the consequence of a non-haematic source were “from an objective point of view a remarkable exercise in dialectical sophistry rather than trial evidence on which any judge might base reasoning that would be beyond criticism.”

The Selective Search for Other Logical Inconsistencies

“Another big logical inconsistency” is the explanation for why Meredith’s cell phones were removed; if to prevent them ringing, then the goal could have been achieved by switching them off or removing the battery.

OK, point taken, but if that goal could have been achieved simply by switching them off or removing the battery, then why take them with them? The answer, if the perpetrators were thinking straight, would be that in switching them off or removing the battery, the perpetrator could have left his fingerprints on them.  So they would have had to take them anyway. So why bother with the manipulation? A logical inconsistency?

Marasca-Bruno return to the Prosecution’s argument on motive at the Nencini appeal. We can recall that Crini had suggested that there could possibly have been an argument between Meredith and Knox over Guede’s use of the large bathroom. M-B say that the reason for a quarrel could certainly not have been this, as such an incident is not referred to in Guede’s evidence.

Marasca-Bruno argue that the hypothesis of the theft of the money and credit cards that Meredith would have blamed Knox for is illogical and contradictory, given that Knox (and Sollecito) were acquitted of the charge.

OK, but Nencini was not seeking to re-convict them. The hypothesis was based on trial facts and has a high degree of probability even if it did not reach the bar of “beyond a reasonable doubt”. Meredith’s credit cards and rent money were never recovered.  He was simply looking for a plausible reason for a quarrel - on the basis of what Meredith would have thought ““ whether or not Knox was the responsible party. Nothing illogical or contradictory in that.

Marasca-Bruno maintain that it is arbitrary to argue, just because Knox and Sollecito were at Sollecito’s flat viewing a movie, taking light drugs and having sex, that they were later at the cottage for a reason which included a sexual motive and destabilized by drugs.

Marasca-Bruno maintain that there was another investigative omission in the failure to analyze the content of the cigarette stubs (presumably for drugs?) or to ascertain the biological nature of the trace, but just to go for a DNA test, on the basis that such tests would render the sample unusable.

OK, but I am not sure that was the basis for not conducting the further tests. Establishing whether or not Knox and Sollecito had smoked a reefer, or a cigarette whilst under the influence of drugs, at the cottage, at some time, is really not that important. The biological nature of the trace was obviously saliva whether or not it contained drugs.

“And all this was done with the brilliant result of delivering to the trial a totally irrelevant piece of information”  “¦”¦[given that the cottage was where Knox lived and where Sollecito “hung out”.]

Irrelevant as it turned out, I agree. It seems a bit harsh to criticise the DNA test though. I am sure that M-B would have been ecstatic if the mixed trace had turned out to be Guede and an unknown, rather than Knox and Sollecito. And wasn’t the trace postulated as a source for contamination of the bra clasp?

A Few General Remarks

Get a load of this -

“It is, surely, undeniable the interpretative effort displayed by the fact finding judge in order to remedy the unbridgeable investigative gaps and the significant shortfalls of evidence with shrewd speculations and suggestive logical arguments, even if merely assertive and apodictic.”

As we are discovering, “shrewd speculations and suggestive logical arguments, even if merely assertive and apodictic” is exactly what Marasca-Bruno are up to.

What investigative gaps and significant shortfalls of evidence are they talking about? Have we come across any yet? Anyway I will come to discuss this and other matters raised by the Report when I discuss the sufficiency of the evidence at the end of this critique.

Marasca-Bruno then assert (to paraphrase) that fact finding is a task pertaining exclusively to the fact-finding judge, and not up to the Court of Legitimacy. The Supreme Court has to limit itself to whether the fact-finding judge’s reasoning is compatible with common sense and within the limits of an acceptable latitude (law cited) as well as compliant with the limits of evidence.

That’s right. Remember that.

“Faced with missing, insufficient or contradictory evidence, the judge should simply accept it and issue a verdict of acquittal, according to Article 530, section 2 of the Italian Code of Criminal Procedure, even if he is really convinced of the guilt of the defendant.”

Note the surprising inclusion of “missing” evidence, although M-B have merely been speculating wistfully about that and, for obvious reasons, it is not referenced in the wording of Article 530.

Marasca-Bruno then spend far more words than is necessary on Nencini’s mistake of referring to Sollecito’s DNA being found on the knife blade.

There is then a bit of sense but a lot of pompous waffle about the “beyond reasonable doubt” standard.

“It is certainly useful to remember that, taking for granted that the murder occurred in via della Pergola, the alleged presence at the house of the defendants cannot, in itself, be considered as proof of guilt”

This is the precursor for what comes a bit later.

Marasca-Bruno note that there is a difference between “passive behaviour” and “positive participation”.

“It is indisputedly impossible that traces attributable to the appellants would not have been found at the crime scene [ed: by which they mean “the murder room”] had they taken part in Kercher’s murder.”

This is not a remark but a dogmatic assertion which is patently unconvincing. Had Knox and Sollecito been -

    (a) egging Guede on to a sexual assault
    (b) exhorting him to finish her off
    (c) whether with his own knife or one that was handed to him,

then it is improbable in the aforesaid scenarios under (a),(b) and (c) that they would have left traces, but in the event of any one of the aforesaid (a),(b), and (c) they would be participating positively in the commission of the crime, and hence as guilty as Guede.

So, the assertion is not just dogmatic but manifestly illogical.

The Presence of Amanda Knox

“With this premise, with regards to Amanda Knox’s position, it can now be observed that her presence in the house at the scene of the crime is considered an established fact from the trial, in accord with her own admissions”¦”¦”¦”¦”¦.on this point the reliability of the judge a quo is certainly to be subscribed to.”

Developing this affirmation, Marasca-Bruno hold that she was there at the time of the murder but in a different room.

“Another element regarding her (presence) is represented by traces of mixed DNA, her’s and the victim’s, in the small bathroom; an eloquent confirmation that she had come into contact with the latter’s blood, while the biological traces belonging to her are a result of epithelial rubbing.”

Also:

“Nevertheless, even if attribution is certain, the trial element would not be unequivocal as a demonstration of posthumous contact with the blood in circumstances where she would be attempting to remove the most blatant traces of what had happened, perhaps to help someone or deflect suspicion from herself, and thus entailing her certain direct involvement in the murder”¦”¦.her contact with the victim’s blood would have occurred after the crime and in another part of the house.”

I will comment on this later.

As regards the false accusation against Patrick Lumumba - 

“It is not understood what pushed the young American to make this serious accusation. The hypothesis that she did so to escape the psychological pressure of the investigators appears extremely fragile”¦”¦”¦”¦”¦”¦.nevertheless the calumny in question also represents circumstantial evidence against her in so much as it could be considered as an initiative to cover for Guede, against whom she would have had an interest to protect herself due to retaliatory accusations against her. All is underpinned by the fact that Lumumba, like Guede, is black, hence the reliable reference to the former, in case the other was seen by someone, coming into or going out of the flat”

Yes, indeed, but despite a clear run in to the try line M-B still manage to drop the ball. Nencini had no doubt that it was not just an initiative to cover for Guede, but also an opportunity to deflect the investigators from ascertaining her active participation in the murder. Lumumba, after all, would not be able to provide the investigators with any information on that score, or indeed about any others that might have been involved. M-B fail to mention that.

***

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Monday, November 02, 2015

A Critique In Five Parts Of The Fifth Chambers Motivation Report By Judges Marasca And Bruno #4

Posted by James Raper



Image is of busy Rome at night

The Fifth Chambers Motivation Report

I continue critiquing the final 34 pages of the Motivation Report, the decisions and verdict parts.

The three previous posts can be read here and here and here. A full translation of the Marasca-Bruno Report can be read or downloaded here.

The Critique Part 4

The Simulated Break In

This is all too briefly treated by Marasca-Bruno (whom by now I am beginning to think of as Zaphod Beeblebrox from The Hitch-hikers Guide to the Galaxy) and by way of a sidetrack really.

They in fact affirm the circumstances of simulation without actually having the gumpf to explicitly say so.

They are more concerned to turn their attention to the inference that only a “qualified” person would have an interest in a simulation so as to remove suspicion from him/herself.

Marasca-Bruno are not interested in Guede.

They acknowledge that Knox and Sollecito are “qualified” persons”¦”¦”¦”¦

“Yet this element is also substantially equivocal, especially in the light of the fact that, when the postal police arrived it was”¦.Sollecito - whose trial position is inextricably bound to Knox’s - who pointed out the anomaly to the police officers, that nothing had been stolen from Romanelli’s room.”

And that’s it? The smoking gun, the bull in the appellants’ china shop, brushed aside - because of an anomaly? Pathetic.

It was staged but sadly not staged to perfection, by way of something actually being stolen. A stager, knowing this, would not countenance revealing this information to the police, although it may have been an inadvertent slip due to Sollecito being an idiot.

An inadvertent slip aside, he would have no reason to mention that nothing had been stolen, unless he was as aware as others were that the staging had it’s flaws in other respects as well, in which case he could have thought that his comment had the appearance (Marasca and Bruno fall for it) of innocence.

And how did he know that nothing had been stolen - which only subsequently turned out to be true when Filomena checked the contents of her room-  unless he was involved in the staging?

Even if one accepts the anomaly and extremely dubious reasoning above, it only applies to Sollecito. There is nothing equivocal about the logical inference applying to Knox. That is so despite the illogical connection in asserting that their trial positions are inextricably linked.

Is Knox a ventriloquist and Sollecito her dummy?

Curatolo & Quintavalle

“Nevertheless, the presence of intrinsic contradiction and poor reliability of witnesses [ ed: ie the above named] do not allow unreserved credit to be attributed to (their) respective versions, to the extent of proving with reasonable certainty the failure, and therefore the falsity, of the accused’s alibi, who insisted she stayed in her boyfriend’s home from late afternoon on the 1st November until the following morning.”

Here Marasca-Bruno effectively reprise the reasoning of Hellmann.

Curatolo was a tramp, a drug addict and pusher, and a prosecution witness stooge. The same evening he had seen Knox and Sollecito together in Piazza Grimana (1st Nov) he had seen revellers wearing Halloween masks, and the special buses to take them to discos and nightclubs, referenced by the witness, were not running that night.

Marasca -Bruno overlook the improbability that Curatolo could have seen the two together on Halloween, given that it was established as a trial fact that on that evening Sollecito was attending a friend’s anniversary dinner outside Perugia, and Knox was meeting up with her friend Spiros.

Perugia is a student town. There are numerous discos and nightclubs catering to this market. The defence did produce nightclub owners testifying to their clubs not being open the day after Halloween, and shuttle bus operators testifying that they were not running special buses to them, though these witnesses did not exclude the possibility that other nightclubs had some, or that other buses could have been hired for a private party.

There were indeed still a good few discos and nightclubs open (these can be listed if required), with a normal bus service for Perugia as well. Guede, himself, was seen dancing at the Domus hours after the murder.

[ Halloween is a relatively new festivity in Italy. All Saints Day (Nov 1st) and All Souls Day (Nov 2nd ) are holidays in Italy.]

“This contradicts the balanced assessment - but always in a context of uncertainty and ambiguity - of the witness referring (regarding the context of when he saw the two accused together) to the day before he saw (in the afternoon) unusual movements of police and Carabinieri and, in particular, men wearing white overalls and headgear (they looked almost like aliens) enter the house on via della Pergola.”

As regards Quintavalle, Marasca-Bruno are brief and equally dismissive. This is all they have to say -

“Quintavalle - apart from the lateness of his statements, initially reticent and generic - offered no contribution to certainty, not even as to the product bought by the young woman he noted on the morning after the murder, when his shop opened. The fact he recognized Knox is worthless as her image had appeared in every newspaper and television news broadcast.”

There was no evidence that the young woman had bought, or had tried to buy, a product.

No, his identification testimony was not worthless on that account. If it was worthless for that reason then a lot of ID witness testimony would go by the board in today’s world of rapid 24 by 7 news coverage.

Quintavalle was able to describe the clothes that the young woman was wearing, which description, blue jeans, grey jacket and scarf, was a match for the articles of clothing that the crime scene investigators had photographed scattered on the top of Knox’s bed at the cottage and which had immediately became material evidence along with everything else.

Since Knox was wearing different clothes, including a long white skirt, when she and Sollecito were photographed outside of the cottage by the press, it is difficult to gauge how Quintavalle might have been influenced in his description.

Raffaele Sollecito At House

“In Sollecito’s case too the evidentiary frame work which emerges from the judgement under appeal is marked by inherent and irreducible contradiction”¦”¦”¦”¦”¦”¦”¦However, the strong suspicion remains that he was present in the house on via della Pergola on the night of the murder, albeit it has not been possible to determine when. On the other hand, if Knox’s presence in the home was certain, it would hardly be credible that he was not with her.”

And More On Other Matters

Marasca-Bruno return to the question of the knife again despite the fact that they have excluded it as having any “probative value or circumstantial relevance”.

This is an inconsistent element in their own reasoning, such as their reasoning is.

They remind us that no trace of blood was found on it, and assert that it was a questionable choice to go for a DNA test rather than establish the nature of the biological trace.

“An extremely questionable option, given that the finding of blood traces, coming from Kercher, would have given the trial an element of strong evidentiary value, showing for certain that the weapon had been used to commit the murder.”

One begins to wonder whether they are mentally fatigued at this point. But no, that can’t be it. They have had over 130 days to write 34 pages of reasons, and that wouldn”˜t be particularly taxing, provided that there had been reasons for the verdict in the first place, and that they had remembered them.

They are waffling, padding and turning to risible argument. Particularly given that they should know exactly why Dr Stefanoni had only one sensible option available to her. They had even referred to this in the preceding paragraph.

Even if it had been blood in sample 36b then, without establishing whose blood it was, the knowledge that it was blood would be totally useless as a piece of evidence, as the blood could have come from anywhere, at anytime.

“What is certain is that no traces of blood were found on the knife. Lack of which cannot be traced to meticulous cleaning. As noted by the defence, the knife showed traces of starch, a sign of ordinary domestic use and of cleaning that was anything but meticulous. Not only this, but starch is famous as a substance with a high absorbance rate, thus it is highly likely that, in the event of a stabbing, it would have retained blood traces.”

As we come towards the end of their reasoning the dogmatic assertions start to pop up thick and fast out of nowhere.

Why can lack of blood traces not be connected to meticulous cleaning? Isn’t that, by definition, what meticulous cleaning does?  Was there any expert evidence to the contrary? How can Maresca and Bruno be so sure that their version of common sense is shared universally?

Yes, starch does absorb liquids. However, how do they know that the starch was there on the knife at the time of the murder? It is not improbable that having cleaned the knife it was used again for ordinary domestic use. The starch could also have got there as a consequence of the investigators handling it with latex gloves, which contain traces of starch, and this was pointed out at the Hellmann appeal.

“Finally, the footprints found at the murder scene can in no way be traced to the appellant.”

Another dogmatic assertion. They are, I should point out talking about Sollecito at this point, not Knox.

The bloody footprint on the bathmat and a luminol enhanced footprint in the corridor were useful for negative comparison purposes and both were attributed by the prosecution experts to Raffaele Sollecito because of points of comparison with his foot and because neither had similar points of comparison with Knox and Guede.

Their evidence was disputed by a defence expert witness.

Massei and Nencini agreed with the prosecution experts, Hellmann did not.

However, remember the bit about fact-finding being for the fact-finding judge and not the Court of Legitimacy?

Not only do Marasca-Bruno break the rules at to their remit but they do not even give reasons for their assertion.

“The computers of Amanda Knox and Kercher, which might have been useful to the investigation were, incredibly, burned by the careless actions of the investigators.”

Another unjustified and dogmatic assertion. 

Four computers were found to have sustained damage - probably an electrical burn-out - but it is not in evidence that they were damaged by the investigators.

Indeed, I do not recall any trial evidence that they were working before they were recovered by the investigators. Certainly Sollecito’s Asus was not. That had been damaged for months. Filomena’s computer was found to have been already damaged when it was switched on in her presence at the police station.

It may be the case that Knox, somewhere in her testimony, asserted that her computer was in working order when she last used it, or something like that. But then she would say that, wouldn’t she?

Of all the computers that had problems, the data was ultimately recovered from all but Knox’s Toshiba.

And realistically, what potential information relevant to the investigation did Marasca-Bruno think could be found? Photos of Knox together with Meredith? If there were such photographs, had they been deleted from the camera?

Knox communicated with her family at home by means of an internet café because it had skype available.

E-mail communication is recoverable whether or not the user’s computer is broken.

Marasca-Bruno also opine that in respect of their alibis, what we are talking about is a failed alibi rather than a false alibi. Is this a necessary and relevant distinction?

They both maintained, for trial purposes, that they had been together at Sollecito’s flat from about 9 pm onwards on the 1st November, that both had slept and that Knox had been the first to rise at about 10.30 am the next morning. Of course, Sollecito had contradicted this in his statement to the police. He said that Knox had gone out and not returned until 1 am. However this was not admissible as trial evidence.

In relation to the crucial period of time in which TOD is ascertained to have occurred there is no independent corroboration of their alibi. In that sense it is a failed alibi.

However the reliability of their alibi can certainly be assessed from the trial evidence. Sollecito’s phone was switched on at 6.03 am and earlier heavy music had been played on his computer for half an hour at 5.30 am, on the 2nd November. That manifestly contradicts the alibi. In short the pair were lying when they said that they had slept and that neither had risen until 10.30 am.  Accordingly, it is a reasonable inference that their alibi is not to be trusted.

There is, in addition, the evidence of Curatolo and Quintavalle.

What In Part Marasca-Bruno Left Out

Finally Marasca and Bruno declare that -

“The panorama of the declared evidence is complete.”

Except that this is not true.

They have not for example mentioned the following, which are certainly part of the declared evidence, and which certainly have to be taken into account if we are to consider the sufficiency of the evidence -

1. The presence of Knox’s table lamp on the floor in Meredith’s room.

2.  The police photograph of Knox’s throat and the statement of Laura Mezetti that what is seen in the photograph, as she had noticed at the Police Station, is a scratch.

3.  Knox’s dried and congealed blood on the tap in the small bathroom next to Meredith’s room.

4.  Knox’s e-mail to the world with it’s implausible aspects and which exposes crucial contradictions in the respective accounts of the appellants.

5.  The phone records which expose a suspicious pattern of behaviour on their part and which show that the cell phones of both the appellants had been switched off, or rendered inoperative, between 8.42 pm on the 1st November and 6.03 am on the 2nd November.

6. The luminol enhanced mixed DNA trace for Knox and Meredith on the floor in Filomena’s room, certainly requiring an explanation.

***

Please click here for the next post.


Sunday, November 01, 2015

A Critique In Five Parts Of The Fifth Chambers Motivation Report By Judges Marasca And Bruno #5

Posted by James Raper



Image is of busy Rome at night

The Fifth Chambers Motivation Report

I conclude my critique of the final 34 pages of the Motivation Report, the decisions and verdict parts.

The four previous posts can be read here and here and here and here. A full translation of the Marasca-Bruno Report can be read or downloaded here.

The Critique Part 5

So, let’s do a brief recap now

1. The Report starts with sensationalized general slurs on the competence and motives of the investigators and judges.

2.  Marasca and Bruno misunderstand the relevance of motive. Nencini was not in error. It is not relevant, or of less relevance, if the evidentiary framework of guilt is by itself sufficient to establish guilt. In such circumstances the normal formula is to attribute futile and trivial motives that require no further definition. Conversely motive does acquire importance, an element in itself, if that framework is insufficient.

3. Their section on TOD produces nothing that is relevant.

4.  Having failed to establish a convincing connection between “the primacy” of rules of evidence and a guarantee of the repeatability of DNA analysis, such that the latter is required by the former, or at least can be tolerated by it for some specific reason, they assert that the latter must prevail anyway. It requires numerous inconsistencies, a failure to follow the ground rules of evidence, and the illogicality of failing to follow their own argument, such as it is, to assert that Meredith’s DNA on the blade of the knife, and Sollecito’s DNA in a mixed sample from the bra clasp, have no probative or circumstantial value simply because they were not capable of repetition. That is simply a dogmatic assertion and one, as we shall see, that has no connection with the permitted grounds for appeal.

5.  As if the foregoing was not enough, and perhaps conscious of it, they bring up the matter of contamination again. Which would not be relevant if the foregoing were true. The contamination argument has long been shown to have no mileage in it. The cardboard box (from the police station) is a stupid reference and that there was pre-existing dirt on a latex glove mere speculation, without context.

6. The section on luminol hits and removal of blood traces is characterized by many misrepresentations and a chronic misunderstanding of the evidence and the inferences that can be drawn from it.

7.  On the simulated break-in, which they accept, they declare that they are then stymied in the necessary inference by the feeblest of anomalies.

8.  Now up to this point we have encountered few, if any, mistakes, inconsistencies and contradictions, of any significance, other than those that Marasca-Bruno are making, or making up, themselves. 


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Remember this?  -

“that fact finding is a task pertaining exclusively to the fact-finding judge, and not up to the Court of Legitimacy. The Supreme Court has to limit itself to whether the fact-finding judge’s reasoning is compatible with common sense and within the limits of an acceptable latitude (law cited) as well as compliant with the limits of evidence.”

In fact appeals to the Supreme Court can only be made under the precise circumstances provided for by the Italian Code of Criminal Procedure.

These are governed by Article 606. Of the provisions in this Article, only section 1, para (e) is applicable, as follows -

“(e)  defect, contradictoriness or manifest illogicality of the judgement reasoning, when the error results from the text of the provisioning appealed, or from other documents in the proceedings specifically noted in the reasons of encumberment.”

Therefore, although fact finding is the preserve of the lower courts, the Supreme Court can enter into the merits of the judgement appealed against on this ground.

The question arises as to what constitutes a fact to which para (e) would not relate.

There are probably not many, for most facts determined would require an element of reasoning. For instance, to hold that a particular witness was reliable, or otherwise, would require explanation, that is, reasoning, and so on.

To be clear, “defect”, “contradictoriness” and “illogicality” all relate to the judgement reasoning.

For instance, a failure to take into account contradictory evidence in the judgement reasoning must obviously be included as a defect.

Another defect would, of course, be misapplication or misinterpretation of the law in the judgement reasoning, an error to which the 5th Chambers have already shown themselves prone.

I am not quite sure how “contradictoriness” in the judgement reasoning is to be construed, but I suspect that there would be contradictoriness in asserting something contrary to the weight of the evidence, or indeed in the absence of any evidence in support. Another case might be in making a point which is then undermined elsewhere in the reasoning

In any event a clear restriction on the Supreme Court entering into the merits of the judgement appealed against, apart from the foregoing, would appear to be that in the case of illogicality, that it has to be manifest.

However, no particular instance of manifest illogicality is likely, on it’s own, to invalidate a verdict, unless it amounts to a serious defect from which the reasoning, as a whole, on the verdict, cannot recover.

Effectively, there have to be numerous manifest illogicalities in the reasoning of the judgement appealed against, for this to happen. Under those circumstances one might actually describe the judgement as “perverse” at one end of the scale, and “unsafe” at the other. Setting aside a conviction for such reasons I would understand.  Usually, at least in the UK, an unsafe conviction would result in a re-trial if the prosecution requested it.

However even the Supreme Court has to motivate it’s decision making process, free from such defects. Clearly that has not been the case.

The banal peppering of the Report with references to “manifest illogicality” and “intrinsically contradictory”, and so on, may impress the undiscerning reader, but the repetition and context are, frankly, “manifestly” unconvincing to the discerning reader.

What we find, on analyzing the 5th Chambers’ motivation, is that when it enters into the merit, it does not do so in a balanced way, and without logical inconsistency on it’s own part, but simply by making dogmatic assertions on the merit. That is hardly extending an acceptable latitude to the fact-finding judge nor is it explaining why his reasoning is incompatible with common sense.

In particular, I do not see how one can make the assertion that the DNA on the knife and the bra clasp has no probative or circumstantial relevance, because the tests were not repeated, when this can scarcely be described as a product of the application of section 1 (e) of Article 606.


————————————————————————


Furthermore, one also has to consider the effect of Article 628. The 2nd paragraph states that -

“In any event a verdict issued by a court following a Cassation order of remand may be appealed only on the reasons that do not concern those that had already been decided by Cassation on the order of remand”¦.”

At the very least this should have served as a warning to the 5th Chambers.

The Chieffi ruling annulling Hellmann was not intended as a foray into the merit but it was a criticism of the procedural defects and reasoning methodology of the Hellmann court, which errors we can see repeated in the Marasca-Bruno Report.

The most obvious and most frequent error is the use of dogmatic assertion, the starkest example of the deployment of self-contained circular reasoning it is possible to have. Indeed, it does not warrant the description “reasoning”.

Another important error was the “atomizing” or “parceling out” of the circumstantial evidence in an attempt to exclude items prior to assessing it in an overall evaluation. This error underwrites the 5th Chambers’ approach to the case, manifestly in it’s use of dogmatic assertion to achieve the aim of eliminating or reducing the evidence.

Abstract hypothesizing on contamination is another.

The reprise of Hellmann’s reasoning as to the reliability of the witness Curatolo is another, and most objectionable, one.

Interestingly, the “validity” of the DNA testing was not an aspect raised by Galati and consequently not touched upon by Chieffi. The only conclusion has to be that the State (subsequently confirmed by Nencini) deemed the reliability of the results as perfectly safe.


————————————————————————————


Article 530, Section 2 and Conclusions


I now turn to the matter of the sufficiency of the evidence.

There is no formula as such.

The evidence is sufficient if the bar of culpable beyond a reasonable doubt is met, insufficient if it is not.

The starting point is clearly the evidence itself, and then the inferences that are drawn logically from it.

As to the evidence and inferences, we are assisted by the fact, under the Italian system, that all verdicts, whether at trial or appeal stage, are required to be motivated in writing. 

The final motivation, prior to the 5th Chambers, is, of course, the Nencini report. It seemed to me that Nencini, despite a few flaws, did an excellent job in unifying the evidence in a global way, as is required of what is essentially circumstantial evidence, fully in accordance with the jurisprudence of the Supreme Court on the matter, and with all the arrows pointing in the same direction and substantially corroborating each other. It left no reasonable doubt, in my humble submission, that the Florence court’s affirmation of the guilty verdicts was correct.

Now, we have already discussed the grounds on which an appeal can be made to the Supreme Court. The sufficiency of the evidence is not one of the stated grounds.That is a matter for the fact-finding judges of the lower courts. The 5th Chambers therefore knowingly exceeded their remit.

We also find, having gone through the Marasca-Bruno criticism of the Nencini Report, in some detail, that many, if not most, of these criticisms lack substance and lack logical consistency in their own right.

The overall effect has been to produce an improper, if not fraudulent, weighting (for want of a better word) on the matter of sufficiency, which should not have even been considered anyway.

In addition the result of the Report has been to produce an interesting scenario based on the following conclusions.

1.  Knox was present in the cottage at the time of the murder but in a non-participatory role. Very probably (if this is not a held fact) she had scrubbed Meredith’s blood off her hands in the small bathroom.

2.  Sollecito was very probably there as well, but it cannot be known when.

3.  There was certainly an assailant (and perhaps more than one) in addition to Guede.

4.  There was a staging of the break-in in Filomena’s room.

As to Knox having blood on her hands (literally rather than metaphorically) there are inconsistencies to be derived from this because, according to the Report, this would have been as a result of contact with blood outside Meredith’s room. Why? Where is that blood? Such blood could, of course, have been there prior to it being removed. However, to affirm that would be to prejudice a number of assertions they have already made. More likely is that Knox had been in Meredith’s room, during or after the event and without, we would have to observe with some interest, leaving any trace of herself there. That would also be the logical explanation for her lamp being on the floor there.

Guede was not charged with, and hence was neither acquitted nor convicted of, the offence of staging, but in any event Marasca-Bruno did not attempt to attribute the staging to him. This leaves either Knox, an unknown person, or Sollecito. As to an unknown person it is manifestly difficult to see how he would be “a qualified person” for the purpose of the inference that only someone with an interest in removing suspicion from himself would do this. Knox and Sollecito qualify whether there is an anomaly or not.

As to who Guede’s unknown accomplices may have been, Marasca and Bruno are silent. This is not surprising as there was no forensic trace of them. There were, in fairness, unidentified genetic profiles, male and female, obtained from cigarette stubs taken from the ashtray in the lounge/kitchen, but as with the mixed genetic profile of Knox and Sollecito on one of these, they cannot be dated and therefore cannot be placed within the time frame for the murder. For all we know they could belong to Romanelli and her boyfriend Marco Zaroli, both of whom were at the cottage earlier on the day of the 1st Nov, with Knox and Sollecito.

More pertinently, however, is this scenario regarding Knox.  It is not one that her defence team, even in their wildest dreams, would have considered advancing on her behalf. She had, throughout the proceedings, maintained that she was not there, whether or not in a non-participatory role.

That is not surprising. The scenario we have is that Knox and perhaps Sollecito were at the cottage with Guede, and at least one other, and that Guede and this other saw fit to commit a horrendous murder in their presence, without encouragement nor opposition from either of them it would seem, but certainly in the knowledge that such action, even if it met with cowed submission from them in the first instance, would meet with the utmost reprobation, and then they leave, trusting to Knox and Sollecito not spilling the beans. That really is stretching credulity well beyond the bounds of breaking point. Even more so if there was no unknown accomplice.

Furthermore, and if that is nevertheless so, then Knox has had more than enough chances to put the record straight, particularly since her return to Seattle. She still has the opportunity to do so.

What we have, therefore, is a fact that neither the defence nor the prosecution has ever advanced in the entire history of the proceedings, and not one that any previous judge has drawn.

Now it may be something that can be justified by a fact-finding judge, on remand, and in the light of the Marasca-Bruno Report.  Not.  But it is surely beyond the remit of the 5th Chambers to hold that as a fact and without even permitting prosecution and defence submissions on it. That runs counter to the principle of natural justice, a violation inherent in the final appeal and in the decision not to permit a remand to a 1st instance court of appeal.

It would have been interesting to have seen the defence submissions.


————————————————————-


I said at the beginning that the Marasca-Bruno Report was a desperate attempt to bring home an incomprehensible verdict. It has been described elsewhere (by a reputable american reporter who had been present throughout the proceedings) as superficial and intellectually dishonest. It is not only that, it is a charade that sullies the good name of Italian justice.

A question to arise is what truly motivated the verdict? It seems to me that the only “glaring investigative omission” in the case, is this. However that is a murky world of connections and undue influence about which we can only speculate at this stage.

Had it been incompetence and had the five Supreme Court judges held up their hands and simply admitted that they had made a mistake, I might have had some sympathy for them. Instead they have persisted with a charade which is essentially corrupt.

By “corrupt” I mean that they have knowingly acted in bad faith. They cannot otherwise have been such simpletons. It is also abundantly obvious why they did not dare risk remanding the case to another appeal court.

As for Knox and Sollecito, sadly for them, they are anything but exonerated.


Saturday, October 31, 2015

The Marasca/Bruno Report, A Dissection In Four Parts: #4 Their Findings - Ambivalent In Spades

Posted by catnip



Sollecito & Bongiorno: reported as very un-thrilled at the findings RS was at crime scene and lied

Overview

This is my dissection of Part 9, the final 10 pages of the report.

My previous dissections of the Fifth Chambers explanation can be read here and here and here.

Dissections

Each sentence in the paraphrased gist of the repoirt below corresponds to one paragraph in the text.

Cassation (Bruno) ““ gist: Errors in law and logical inconsistencies mean that the impugned judgment merits being cassated [quashed]. The evidential picture does not reach the standard of beyond a reasonable doubt. It’s not an innovative or “revolutionary” principle and is already present in Italian law, implicitly in Article 530 para 2. Remote possibilities are not “˜beyond a reasonable doubt’(Segura case, 2014) and mere conjecture, even though plausible, cannot found alternative reconstructions (Gurenelli case, 2014, etc) (9).


COMMENT: Citing from cases is a good technique, even to including their names, à  la common law systems. Not reaching the BARD standard is the crux of the matter.

Cassation (Bruno) ““ gist: The contradictory evidence as illustrated by the up-and-down nature of the proceedings through the courts does not reach the BARD standard (9.1)


COMMENT: This is disingenuous. The Perugia Court of Appeal judgment was annulled (except for the calunnia), so calling it into play again as one of the, presumably, “up” side of the “˜swings-and-roundabouts’ of the case as if it were a valid judgment is misleading.

Cassation (Bruno) ““ gist: An overview of the for-and-against positions can be given (9.2)


COMMENT: Given the appearance of a balanced handling of the matter is a good technique. The assumption that there are for-and-against positions is not clarified or explained, though, merely asserted.

That is, a reading of the evidence as “˜not guilty’, to stand and be opposed to and contrasted with a reading of the evidence as “˜guilty’, involves a circularity of reasoning: it is the ultimate contradiction for the same evidence to support both positions simultaneously.

The result of a “˜not guilty’ conclusion is that the evidence leads there, and away from a conclusion of “˜guilty’. A for-and-against view begins with the conclusion, in order to prove the conclusion: circularity.

Cassation (Bruno) ““ gist: Presence does not equate with guilt. Passive participation is different to active participation (Benocci case, 2013 etc). The subjective element can be found in voluntary participation and cooperation (Mazzotta case, 2012) (9.3)


COMMENT: Absence of evidence does not equate with innocence (meaning evidence of absence). Quoting from cases is good: it gives the impression something legal is going.

Cassation (Bruno) ““ gist: Even given their presence, FOR the accused is the absence of their traces in the room or on the body (excluding the bra-clasp, of which more later), and likewise FOR the accused is the presence of Rudy’s evidence. The room is so small that is impossible not to leave any traces if they were murderers. Nothing of theirs was found on the victim’s top or the piece of clothing underneath, whereas Rudy’s trace was found on a sleeve of the top. This makes a clean-up impossible. (9.4)


COMMENT: Declarations of certainty about the consequences of the size of the room are not evidence, no matter how close such declarations seem to be in going “˜beyond a reasonable doubt’. Given an erroneous starting point, impeccable reasoning can be applied, and a conclusion reached.

Cassation (Bruno) ““ gist: Amanda’s self-described presence is credible in that she described, for the first time, a possible sexual motive for the murder, and the piercing scream. In her calunnia she puts herself on the scene which no-one else (other than those others present, obviously) would have known. According to the calunnia, the scream and the murder is due to Patrick Lumumba. AGAINST: the mixed traces (dilute blood, skin cells) in the small bathroom.

Suspicion is not decisive. The trace is not equivocal ““ there could have been posthumous contact with the blood.  There was no trace in the murder zone or on the body. The reason why she accused is incomprehensible ““ the psychological pressure theory is weak (fragile). She couldn’t think it would stand up, since she knew well that Patrick had no relationship with Meredith, or that Patrick wouldn’t have a cast-iron alibi. Maybe to cover for Rudy (both men being black), perhaps hypothesising that Rudy had been seen.

The staged burglary scene, for the prosecution, pointed to somebody who knew the victim, but this is ambiguous because it was Raffaele who pointed out to the police that nothing had been carried off. Lies revealed by SMS and Curatolo and Quintavalle are suspicious, but they are scarcely credible witnesses. The enigmatic drug-dealer Curatolo, coming late to the case and no stranger to cases with a strong media presence, is contradicted by the lack of buses, and the masks and joking around of Halloween, apparently counterbalanced by seeing the accused the day before forensic spacemen arrived. Quintavalle, another tardy witness, has nothing specific to add, not even what purchases were made, and identifying in Amanda in the courtroom has no relevance since her image had appeared on all the newspapers and TV news.

The “A” and “I” traces on the knife are neutral, given she lived with Raffaele, and (as said) there were no traces of Ms Kercher on the knife, contrasting with the prosecution hypothesis that it was the murder weapon. It was an arguable choice to test the trace for DNA rather than for what substance it was. Attributing the trace to Amanda is not unequivocal, and is indifferent, since she lived with Raffaele. Even attributing trace “B” to Meredith is not decisive (not being blood), since, with students, it’s plausible that convivial gatherings and other events would require the transport of a knife for domestic use. Starch implies ordinary use; lack of blood cannot lead to a cleaning action since starch is well-known to be absorbent and would have absorbed blood if it had been there.

It’s implausible that Amanda would carry the kitchen knife for protection in her big bag, rather than carry a small flick knife like knife-collector and knife-fan Raffaele certainly had in his possession. Attributing the print in the homicide location to her is, finally, anything but certain. (9.4.1)


COMMENT:  “˜All over the place like a dog’s breakfast’. Where to begin? The strong suspicion, reinforced with every statement made, is that Bruno is one sandwich short of a picnic. The main cause is due to taking the defence claims in their appeal papers as if they were the factual basis of a new trial. Which makes Bruno two sandwiches short of a picnic. For a Cassation judge, the picnic hamper and its contents is a serious matter. This whole section, and the following one, are destined to become a classic example.

Cassation (Bruno) ““ gist: For Raffaele, the picture is likewise. The bra-clasp, the only trace of his, has no certainty, since there is no 2nd amplification, there is no probative value. There is a strong suspicion he was there on the night, but when is not possible to determine. Given Amanda was present, it’s scarcely believable he wouldn’t be with her. Amanda had versions of the “something strange” story and other versions of being present, it’s strange she wouldn’t have called her boyfriend, presumably being ignorant of Italian emergency procedures and having her boyfriend close by. No call, there was no phone record, implies he was with her.

But presence at the scene is not certain proof. Defence arguments are insufficient to remove doubt. Even if Raffaele watched everything, it does not rule out his presence ““ he could have been at the house, it’s a short distance away, ten or so minutes. Amanda’s claims to have been at Raffaele’s house, countered by Curatalo’s and Quintavalle’s testimony, raises strong suspicion against Raffaele. But their strongly approximative and ambiguous statements cannot, reasonably, lead to certainty, notwithstanding the appeal court’s problematic subjective view on the matter. Suspicions rise from the substantive failure of the alibi about the computers, although it’s not a case of speaking about failed alibis, but rather alibis that didn’t make it. No certainty either about Raffaele’s prints, with their “probable identity”, rather than certainty. (9.4.2)


COMMENT: Reasonable minds can (and often do) come to different conclusions on the same facts. But: Highly trained professional lawyers applied the incorrect methodology?! If Bruno thinks Florence did that, then what’s to stop anyone thinking that Bruno has done the same thing? Curatolo is an enigmatic drug-dealer (and again the media get a look-in), but the enigmatic drug-taking Raffaele isn’t, even with his knife-fetish?

Luckily, enigmas, according to common experience, are not generally the convivial party-going kind, whereof large kitchen knives for domestic use are easily transported. Bruno, and the Bruno Cafe-and-Bar Specials, are ripe for satire (which may be the underlying ulterior intention, subconsciously-speaking: to make a mark, or a stain or a trace, no matter how indeterminate, or, keyword, indecisive.

Cassation (Bruno) ““ gist: Since the main charge is unsupported, the subsidiary charges also fall. (9.4.3)


COMMENT: True, as a principle.

Cassation (Bruno) ““ gist: Contradictory probative elements must compel an acquittal. One last question remains to be resolved. Remand of the case to another court is logically linked to the objective possibility of further tests. The response is definitely negative. The traces are so small they cannot guarantee reliability. Amanda’s and Meredith’s computer were burned by the investigators, probably through the wrong electric current causing irreversible damage. The declaratory evidence is exhaustive. Rudy refused and cannot be compelled to testify.

Defence technical requests cannot guarantee clarity, not only because of the amount of time, but the problematic testing (possibility of selective clean-up); obvious irrelevance (tests on Raffaele’s computer), given the possibility, no matter what the interaction, of going over to Meredith’s house; or clearly superfluous, given the completeness of the examination undertaken (for example, the autopsy and subsequent medico-legal tests). Remand of the case would be useless. Annulment of the conviction under charge (A)  [=aggravated murder] implies a redetermination of the sentence imposed, which will be set as the same one handed down by the Court of Appeal of Perugia, adequate and just.

And so all other defence submissions petitions requests are to be considered denied, while any lines of argumentation, including those not examined, are inadmissible as being, clearly, related to the mertis. (10)


COMMENT: Repeating of the same wallpaper pattern starting to occur. Which means, there is nothing more to say. Literally.

Cassation (Bruno) ““ gist: It only remains to dispose the case (11):

Charge (B): extinction of the charge by prescription
The impugned judgment, excluding aggravated calunnia, annulled without remand on charges (A), (D)and (E) on the grounds on not having committed the deed
Re-determine the sentence inflicted on Amanda for the crime of calunnia to three years of imprisonment.
So decided 27/03/2015
Signed
(Bruno, Recorder) (Marasca, President)


COMMENT: Only Bruno initialled each page; Marasca limited himself to signing at the end.

Observations

What have we learned on the first read-through of (the legal part of) the Cassation decision?

  • That the court is not slave to science, yet Bruno pronounces about repeatability and its scientific significance (which he mistakes for the significance of falsifiability). He makes repeatability a judicial truth. I expect Bruno will be surprised to “learn” that there are sciences where repeatability is not an option, yet they are still science.

  • That the court is not slave to the expert, yet when the defence claim that international standards have been breached in the collection of evidence, that is accepted as judicial truth.

  • That a person is not slave to their DNA: the presence of DNA (Raffaele’s on the cigarette butt) is proof of nothing since he was a visitor to the cottage, and the absence of DNA (in the room) is proof of everything since it “shows” (with certainty) that they weren’t there as murderers.

  • That the court is adept at applying common experience and associated physics, yet Bruno does not hesitate to declare what is and isn’t physically possible (in a small room, say; or with starch grains).

  • That the court applies logic and common sense and everyday knowledge, yet, in continuously describing the crime as senseless, incomprehensible, and indeed not of the everyday, Bruno looks for sense and rationality, and the not finding of it doesn’t alert him to the possibility that it isn’t there.

  • That the copy-paste function on junior judge’s computers should be switched off in cases of non compus mentus, or that at the least that copyright payments should be made to defence clerks for usage of the material, to offset their costs.

Others here will pick up the baton on this. I look forward to seeing them run.


Saturday, October 17, 2015

The Marasca/Bruno Report, A Dissection In Four Parts: #3 Their Profound Evidence Muddle

Posted by catnip



Back of house, showing route in of 2 different burglars in 2009


My previous dissections of the Fifth Chambers explanation can be read here and here.

The next two sections (7 and 8) of the Bruno judgment span ten pages. Each sentence in the paraphrased gist below corresponds to one paragraph in the text.

Cassation (Bruno) ““ gist: As to the forensic evidence, it was collected in violation of international standards. Science is receiving too much weight in the legal sphere, the scientific method does not equate to procedural rules. The judge is no longer the “˜expert of experts’, and genetics is light years from the sphere of the judge.

There is no confidence over science, in the sense that it is no longer to be trusted uncritically. Science is a choice, it must be reasoned. Legal rules are not trumped by science, the court does not automatically accept science, and there are many sciences. Evidentiary rules must be followed. Legal testing of evidence is done by cross-examination.

The court accepts evidence according to various factors, and this reduces the distance between “˜procedural truth’ and substantive truth. Inference is any method which bridges two facts in question, allowing the unknown fact to become known, according to reasonableness and good sense. This bridging can be common experience and direct observation through repeatability, scientific laws of universal application, and logic. Trial judges go from item of evidence to result, giving reasons, with external checks (the validity of experience or scientific law) and internal checks (consistency). (7)

COMMENT: Most of this section is bland platitude (not that there’s anything wrong with that).The “˜violation of international standards’ is accepted as a given, and the emphasis on repeatability (as diagnostic of the scientific method) is preparation of the ground for rejecting any tests that weren’t or couldn’t be repeated. Rudy’s forensic evidence is never referred to, as if it has been sealed off in a cardboard box somewhere.

Cassation (Bruno) ““ gist: In the current case, there is no new scientific method to examine (like blood pattern analysis) but genetics. DNA is reliable. It is evaluated against international protocols, and their breach. The court below did not hesitate to consider the test results to be indicative evidence. This cannot be accepted by this court. Indicative evidence is not proof, genetic results which are not absolutely certain can be indicative. Identification is probative, compatibility can be indicative.

Collection, conservation and analysis of evidence must follow rules.  Criminal Procedure Code Articles 244 para 2, 254 bis. And Article 192 para 2: “˜weight, precision, consistency’, which translates as certainty; certainty cannot be assumed. It cannot be seen how genetic analysis ““ in breach of collection and preservation protocols ““ can be weighty and precise in an evidential sense.

There are standards, and there must be repeatability. “In the case at hand, it is certain that those methodological rules have not been absolutely observed (cf, amongst others, folios 206-207 and the results of the Conte-Vecchiotti [sic] tests, deposited with the Perugia Court of Appeal).”

It is enough to consider, in that respect, the knife and bra-clasp; there was a lapse in professional standards (f. 207). The coltellaccio [great big knife] was put in a cardboard box of the gift-organiser kind.

More worrying are the journeyings of the bra-clasp. 46 days, there were other accesses of the crime scene, it was stepped on or at least moved, and the video shows multiple handlings of it with dirty gloves. “Questioned on the reasons for the defective and hasty collection, Dr Stefanoni will say in testimony that, initially, it was not considered necessary to collect the bra-clasp because “¦ [dots in original] the victim’s intimate garment as a whole had been collected.

Nothing of importance was attributed to that small particular, notwithstanding that, in the common perception, it is exactly that closure apparatus that would be of major investigative interest, being manually operated and, therefore, a potential carrier of biological traces useful for the investigation.”

The bra-clasp test is not repeatable (Law [sic] Copy Number), which repeatability is to avoid false positives. The validation/falsification method wasn’t applied; and, significantly, even the RIS of Rome did two amplifications of trace I on the knife-blade. Ask what value such a result is. Scientific truth is not transferable to procedural truth; science is not legal certainty; without precision and weight, it cannot be evidence in court.

An item of evidence can be considered. The court below erred in attributing probative value to genetic results incapable of amplification or which were the fruit of improper recovery and collection procedures. (7.1)

COMMENT: The term indiziario, which cross-maps to “˜item of circumstantial evidence’, I have rendered as “˜indicative’, to bring out how Bruno demotes it. The theme is transferability: transferability of methods, procedures, of truths is not possible; but transferability of DNA is.

The appeal court’s error was to give non-zero weight to zero-weight evidence. Evidence gains zero-weight by not being certain. Certainty is achieved by repeatability, or by following international standards. The three dots (”¦) are for dramatic anti-climactic effect: meaning Stefanoni is a nincompoop, in other words. Note the spelling of Conti, with an “e”.

And the Voyages of a Bra-Clasp idea is Bongiorno’s and too irresistible to leave out (as with much else).

Cassation (Bruno) ““ gist: Article 360 of the Code only governs sources of evidence that are mutable; the laws of science involve falsification; probative value is linked to repeatability (7.2)

COMMENT: Interesting jurisprudence. It’s almost as if Bruno is living on another planet. The trope/canard about repeatability in science is an interesting psychological crutch. The accumulation of bizarro-concepts is starting to mount. Individual sentences in the text make sense (sort of), but stringing them together in a too-much-something-in-the-coffee way is starting to ring alarm bells.

Cassation (Bruno) ““ gist: The judgment below was obviously illogical (8).

COMMENT: A leitmotiv.

Cassation (Bruno) ““ gist: The missing traces of the accused on the victim have valency. This is a monolithic roadblock on the path taken by the court below in reaching an affirmation of guilt for the current appellants, “already acquitted of the homicide by the Perugia Court of Appeal”. The “selective clean-up” argument is useless and manifestly illogical: it didn’t clean-up the Luminol traces (Luminol is useful for revealing traces of material different to blood).

The clean-up hypothesis is also disproved by the traces in the small bathroom, and since Amanda knew that the other two were outside Perugia and wouldn’t be coming back that evening, there would have been plenty of time to do a proper clean-up.

As for the corridor traces, the SAL cards [work logs] ruled out, on the basis of the use of a particular chemical reagent, that the traces revealed by Luminol were blood ““ and there is nothing of this in the judgment. Not only that, it is manifestly illogical for the lower court to overrule the defence objection that the bluish Luminol reaction can be produced by substances that are not blood (for example, detergent residues, fruit juice and so on) and that the fluorescent reaction cannot be anything other than blood.

The fragility of the argument is such that, no question, the house at Via della Pergola had never been cleaned. Therefore, it can be categorically ruled out that blood was removed.

Another glaring logical hole is the theft of the phones. The posited reason that it was to prevent the ringtones of the phone being heard could have been accomplished by switching them off or removing the battery. Disrespectful to the proceedings and clearly illogical is the notion of ill-feeling, including the English woman blaming her flatmate for letting Rudy in to use the toilet; Rudy’s “truth” (and admissible insofar as it does not involve third parties) is that he was in the bathroom when he heard Mr Kercher have an altercation with another, female-voiced, person, so that the reason for the altercation cannot have been his use of the toilet.

It is illogical to posit that, in order to support the ill-feeling scenario, the stolen money and credit cards be used, when Amanda and Raffaele were cleared of that charge (f. 316).

It is arbitrary to translate to Via della Pergola a situation Amanda described in a different location, Raffaele’s house: watching a film, taking light drugs, having sex and a good long sleep until late morning the following day; there is no evidence of the influence of drugs, and finding a mixed DNA trace (Amanda and Raffaele) on a cigarette butt instead of doing a DNA-destroying drug test that might have offered useful insights was absolutely irrelevant, given that Raffaele was a visitor to the cottage because of his girlfriend.

The preceding picture is emblematic of the complex architecture of the impugned judgment relating to the substantive reconstruction, starting at paragraph 10, with the title “Conclusive Evaluations”. It is certainly undeniable that the court below required interpretative effort and speculation to fill the large evidentiary holes in the investigation.

Now, it is undoubted that it is the court of merit’s task to reconstruct what happened, not Cassation’s; common sense must be used; it can be logical but must stick to (legal) reality and be based on admitted evidence. Logic and intuition cannot be a substitute for lacking evidence and investigative inefficiencies. In the face of lacking, insufficient or contradictory evidence, the court must acquit under Article 530 paragraph 2, even if morally convinced of the culpability of the accused.

Further, there are holes in the court’s reasoning, for example in saying that Raffaele’s and Meredith’s DNA was found on the knife (f. 321) when elsewhere in the judgment (ff 208) Amanda is trace A, Meredith is trace B, and finally, trace I (unjustifiably ignored in the Conte-Vecchiotti [sic] report) is also Amanda’s. Trace B cannot carry any certainty, being unrepeatable, but nowhere on the knife is there any biological trace attributable to Raffaele (8.1)

COMMENT: Missing evidence is evidence of being missing. Something proves the opposite. What’s the Perugia Court of Appeal (=Hellmann) got to do with anything? The “˜clean-up’ refutation has the hallmarks of Bongiorno technique: to the prosecution suggestion that there might have been a party, her response was, “Where are the balloons, the corks and the champagne glasses?”

Obviously, “clean-up” has a specific meaning to Bruno. Switching a phone off or removing the battery needs fingers and will likely leave traces behind; better a sock and sling-throw into the dark. It’s common sense.

Can Bruno really be so obtuse: the bra-clasp is super-important exactly because it requires fingers, but the phones aren’t (in the hypothetical user’s mind). Drug-testing the cigarette butt is a good idea. Until you think about it: if Raffaele was at the cottage before, after, during, but not at the murder, how can a cigarette butt (with or without ice or cocaine on it) be tied to anything, time-wise?

Applying Bruno’s logic about the typo about Raffaele’s DNA being on the knife, then Bruno’s reference to Conte-Vecchiotti is also a “gaping hole”, because there’s no such people, and refers to a nothing; it’s Conti-Vecchiotti. Same with the nonsense phrase “˜Law Copy Number’ ““ what’s that? An obvious absurdity.

Therefore Bruno’s judgment is as void as its voids are. That’s logic. Obviously, if someone is stoned in Garibaldi Street, they can’t be stoned at a place two minutes’ walk away. That’s also “˜logic’.

Overall impression so far…

“Suddenly a strange madness took hold of him, a yearning to look once more off the end of the world. It would be his last chance, he thought; “¦”

“”  George R R Martin, A Game of Thrones, [HarperCollins, 1996], p 176. ISBN 9780002246576

There was an episode of Doctor Who last year, where one character was explaining the scientific beliefs of another, and the Doctor asked, “˜Why does he think that? Is he an idiot?’

Good question.

I can’t quite help thinking the choice is between whether Bruno is an idiot, or whether he is merely writing a satire for a student magazine and pretending to be an idiot. Perhaps, in my ignorance, I have not read enough yet, or I have misunderstood what I have read.

There is some logical analysis going on, - and the example of there being no clean-up because if it was Amanda, she would have known she would have had all night, and therefore would have done a proper job of it (!), so because she didn’t, there wasn’t (!!), is a good one ““ but joining two or more sentences into a coherent thought, and things start to disappear into the mists.

Another leitmotiv: The translation into “certainty” of what characteristics items of evidence must have to be admissible (in common law terms), erases the concept of “˜beyond a reasonable doubt’ from the picture.

Since he’s had multiple months to “˜get it right’, and these gaps remain, it looks as if Bruno’s condition is not a temporary one.


Friday, October 09, 2015

The Marasca/Bruno Report, A Dissection In Four Parts: #2 The Strange Two Unrelated Tracks Approach

Posted by catnip



The Bruno demon in the cage…

Initial impressions of the legal reasoning

A closer reading, or later pages, may reveal a change in opinion might be required. If so, those changes in the post will be noted. Based on experience, the likelihood is that, how a thing starts, is how it will tend to continue. Changing horses in mid-stream, though theoretically possible, is not an everyday occurrence.

Cassation (Bruno) ““ gist: A European Court of Human Rights decision in Amanda’s favour won’t affect the calunnia conviction, since the accusations were repeated to the Prosecutor (such interviews are institutionally immune to psychological pressure), and she confirmed them again when writing in her note, signed by her, in a moment when she was alone with herself and her conscience. (2.2)

COMMENT: To the defence allegation that it was police pressure that caused Amanda to falsely claim that Patrick was the murderer, the obvious and common sense response that the claim was repeated in situations where no pressure was possible, deflates the allegation.

However, note Bruno’s implicit assumption, that Amanda was behaving rationally, that is, not affected by drugs, impaired mental states, or delusional or incorrect beliefs, is not raised, let alone examined and a factual finding made. (Not that it is in the Court of Cassation’s general remit to make findings of fact, but that is another matter.

And Bruno specifically addresses that point later, so he is not unaware of it.)  This way of treating assumptions forms a characteristic pattern, and has implications later. Note that while the murder charges were dismissed, the calunnia conviction was confirmed. This would not be a matter that any PR push for Raffaele would need to be concerned about, as we indeed find.

Cassation (Bruno) ““ gist: The request is refused to have the Grand Chamber consider the probative value of evidence collected in breach of international forensic standards; witness statements made under a strong media spotlight; and the admissibility of accusatory statements made in the judgment of another court and received into evidence. (2.3)

COMMENT: Bruno can handle the forensics methodology question, Alessi’s bag-of-hot-air statements, and the legal implications of the explicit accusations made in the judgment reasons confirming Rudy’s conviction.

Cassation (Bruno) ““ gist: The appeal court did not follow Cassation’s ruling on the principles of law involved, namely that the court is not to rely on the original (annulled) reasoning, the court must not trespass into the merits of the case, the court retains the original scope of enquiry, all the facts must be looked at, and the action to take depends upon the type of annulment because there can be errors of law, and errors of logic. (3)

COMMENT: The Florence Court of Appeal did not follow the instructions set down for it by Cassation. This aspect of the rules of law and procedure will take some detail to examine fully, but suffice to say here that Bruno’s own methodology is not automatically immune from the same defects he is accusing Florence of having, merely because it is him saying so. How well does Bruno himself follow the rules?, in other words. Verbal gymnastics and semantic yoga poses are presaged.

Cassation (Bruno) ““ gist: There were glaring errors. (3.1)

COMMENT: This becomes his leitmotiv, and he actually uses that word when talking of others.

Cassation (Bruno) ““ gist: There is only one irrefutable certainty in this case: Amanda’s guilt as regards her criminal calumny (calunnia) against Patrick Lumumba; the investigator’s glaring errors and omissions ““ the intrinsically contradictory complex of evidence is anything but beyond a reasonable doubt (4).

COMMENT: Amanda’s crime against Patrick remains; the evidence is intricate and, due to errors, incomplete, therefore the standard of “˜beyond a reasonable doubt’ has not been met. How it is that the investigator’s actions were in actual error is not established: the implication is that the defence appeal claims are simply being taken on copy-paste trust.

A fair assessment would entail examining the basis of claims that there was forensic error, hearing any counter-arguments, weighing the significance and importance of any such error if it were found to exist, and deciding if it has a bearing and impact on the legal question to be decided ““ this is all trial-court matter.

People being driven by the media spotlight is another leitmotiv of Bruno’s. It’s almost as if he is embodying what he is saying that others have done.

Cassation (Bruno) ““ gist: The absurd and incomprehensible death of Meredith Kercher in mysterious circumstances and the international media spotlight forced an increase in the pace of the investigation and a knee-jerk search for someone guilty to display to the international media, and lack of regard for international protocols about possible contamination, led to hurried, incomplete and incorrect investigative activity. The lack of repeatability, breaking one of the most fundamental requirements of the scientific method as established by Galileo, was a flaw. (4.1)

COMMENT: Here is the first clue that the search for a rational motive is not going to be successful: the murder was senseless. The media spotlight provides the logical underpinning, the motive if you will, of why the police made errors: they needed a quick result, and so therefore cut corners. The “˜international standards’ (which are never named explicitly) provide the yardstick against which these cut corners can be measured.

(Which leads to a circular-logic paradox scenario: At the scriptwriters’ workshop for Detectives 101: Writer A: “I’ve got them on the scene now, ready to decide what to do. So how do I get them to cut corners? What are the corners, the international standards?” Writer B: “I don’t know. Make “˜em up. Or download something official-looking off the Internet.” Writer A: “What are their guidelines in real life, though? Surely they don’t go about breaching guidelines on every callout. How did they know about putting on gloves, for instance?” Writer B: “.”)

Cassation (Bruno) ““ gist: The media and its associated “noise” (in it computer science sense) induced a mythomane seeking to break the long grey day of an incarceration regime, at least for a day; and Rudy the half-truth teller is key: definite traces of him were found in the room and on the victim. (4.2)

COMMENT: Alessi, believed to be a full-truth teller, wanted some fresh air for a couple of hours, so a trip to the courtroom was organised. The media’s fault. Rudy, the known half-truth teller, knows more, because actual traces of him were found in what can be referred to as the “˜murder zone’. Notwithstanding that a person’s traces can be found on a victim, and the person is not a murderer. Bruno is also performing some literary yoga poses in this passage.

Cassation (Bruno) ““ gist: Rudy’s finalised, definitive, judgment, and his statements, attract questions of admissibility. (4.3)

COMMENT: This is the crux of the legal use of the inferences available in terms of Bruno’s reasoning. Rudy’s trial and conviction are being treated by Bruno as separate and distinct from the trial of Amanda and Raffaele, rather than logically interlinked: if the forensics against Amanda and Raffaele are flawed, then those against Rudy are not, because his conviction has become definitive. That is an artificial way of looking at it. Inferences can go both ways: if Raffaele’s DNA is the result of contamination, then so could Rudy’s be, for exactly the same reasons; if a person has the victim’s blood on their hands, then that does not make them the (or a) murderer.

Indeed, Rudy explicitly stated he got blood on him while trying to help Meredith (implicitly, this must be the untrue part of one of Rudy’s half-truths). So then Rudy’s conviction becomes a legal fiction, not a representation of what actually happened, and Rudy’s definitive judgment voids itself into nothingness. Bruno avoids discussing this line of thought, for some reason. He also, conveniently, has somehow forgotten about the phrase “acting in company with” in the Criminal Code, again, for some reason (presumably).

Cassation (Bruno) ““ gist: Rudy’s judgment: The search for a motive for the murder has yielded nothing, in proportion to what has been conjectured: mere disagreement among flatmates, sexual desires (an at least initial consensual act cannot be excluded); and even less for an unknown burglar who graduates from theft, to uncontrollable sexual assault, to gratuitous homicide with such brutal ferocity, unless there was a serial killer in action, which there is no evidence of in the documents that in Perugia, at that time, other homicides of other young women in identical circumstances were being committed. (4.3.1)

COMMENT: This counts as a straw man within a straw man. The Perugian Serial Killer angle almost qualifies as a laughable joke. And what are the chances of finding a traditional rational motive for an irrational (“senseless and absurd”) act? Close to zero, would be the statistician’s answer. The key word is “gratuitous”. Although, the lone-burglar scenario defence gambit gets a drubbing.

Cassation (Bruno) ““ gist: Rudy’s statements—made in the absence of the people whose rights are affected (a denial of rights), not always coherent and constant (a denial of logic), and somehow involving Amanda (but never Raffaele explicitly), while continuing to maintain his innocence notwithstanding his forensic presence at the scene and on the victim ““ can only be rejected as inadmissible, and in breach of the requirements for a fair trial. In fact, Rudy as a witness violates his right not to testify after finalisation of his sentence or undergo cross-examination. (4.3.2)

COMMENT: There’s legal yoga posing in this section. The interlinked nature of the trials works both ways: accusations made by the Amanda and Raffaele defence against Rudy in his absence can’t be responded to and cross-examined by him. The bit about “˜not always coherent and constant’ also applies to Amanda and Raffaele. And the bit about Rudy never mentioning Raffaele being on site and present does not sound like it came from Amanda’s defence. On the plus side, Bruno, as editor, did manage to condense the 600-and-more pages of the (Bongiorno) defence appeal down to a couple of dozen paragraphs.

Cassation (Bruno) ““ gist: The procedural rules were violated when the defence request to re-open argument was refused. The term “relevant”, as in relevant evidence as mentioned in the Code, is mere linguistic decoration (4.4)

COMMENT: There might be some merit in the idea that witnesses are recalled and argument re-opened only when it’s relevant, and not otherwise. The assertion of procedural violation remains just that, though, an assertion. In any case, opposing views are not examined. So how did Bruno reach his decision? A set of reasons without the actual reasons being given ““ is that what we are looking at?

Cassation (Bruno) ““ gist: The charge relating to unlawful transport of a knife has exceeded the time limit set by the statute of limitations. (5)

COMMENT: The limitations period expiry gambit is a widely-used defence strategy. Lots of people, including very many in the media spotlight, have taken advantage of it and benefitted from it.

Cassation (Bruno) ““ gist: The judgment appealed from, the subject of multiple censures by the parties, exhibits mistakes, incongruities and errors of law. (6)

COMMENT: The prosecution are strangely absent from all of this. Did Bruno only have the transcript of the second day’s hearing, after misplacing the prosecution’s or leaving it at the bus stop? In any case, he does not give any indication that he has read it.

Cassation (Bruno) ““ gist: In first place, the affirmation that determining the motive is substantively irrelevant is an error. Automatically transferring Rudy’s sexual motive to the others doesn’t hold up; the erotic game scenario finds no corroboration; extending a shared and definite set of interpersonal relationships amongst the co-participants is also a species of transfer.

The love-story between Amanda and Raffaele is obvious and even if it appears certain that she somehow, somewhen, knew Rudy, there is no evidence that Raffaele knew him or ever visited him. If Laura and Filomena didn’t know Rudy and are ruled out as murderers, not to do the same with Raffaele is illogical and irrational. (6.1)

COMMENT: The other judges got it wrong about the importance of motive. If motive is essential, then no motive means no crime. And if one person had motive, it doesn’t mean the others must have had the same motive. The love-story appears obvious, but appearing so doesn’t make it so. Calling it a love-story is an interpretation, in any case. How was the conclusion reached and alternative hypotheses rejected? And how does not knowing Rudy socially (beforehand) have a bearing on anything (even motives)? A straw straw-man being invoked?

Cassation (Bruno) ““ gist: Holding that the exact time of death was irrelevant was also an error. From the phone records, it emerges that the time of death can be set between 21:30 and 22:13. (6.2)

COMMENT: The exact time is needed for a fair trial so the accused can supply an alibi. The prosecution method of picking the middle of the estimated time range is “˜mere’ arithmetic, not science (including gastric).  Perhaps Bruno read along the line underneath by mistake on the phone call log printout (if he actually read anything)? Perhaps he just accepted the defence claim at their word? Who can tell?

Pause here and re-energize, before we continue in another post. Bruno’s pattern seems to be shaping up as:

Make assertions as if they are conclusions; show no reasoning for them; exhibit a predilection and fondness for posing (of which more, when we get to the detail); and embody what he alleges the prosecution (and Alessi) have done, namely hastening under pressure and influence of the media spotlight and not following international standards, in this case, of legal reasoning and fairness (plus the implicit backhanders to all those who “got it wrong”).

It’s almost as if this case has provided him with the opportunity of at least a small break from long grey days of unproductive solitude. If so, it’s no wonder his sympathy with Raffaele’s situation of watching mould growing on his cell wall shines through so brightly.


Wednesday, October 07, 2015

TJMK/Wiki Translation Of The Marasca/Bruno Report #1 Of 7: The Four Opening Summaries

Posted by Our Main Posters



More judicial artwork in the Supreme Court. Click to go straight to Comments.

1. Overview Of The Series

Marasca/Bruno Report #1 Of 7: The Four Opening Summaries
Marasca/Bruno Report #2 Of 7: Summaries Five And Six
Marasca/Bruno Report #3 Of 7: Dismissal Of Appeal Claims, Nencini Scope
Marasca/Bruno Report #4 Of 7: Continuing Dismissal Of Various Claims
Marasca/Bruno Report #5 Of 7: Some “Incongruencies” By Previous Courts
Marasca/Bruno Report #6 Of 7: Why The DNA Evidence Was All Useless
Marasca/Bruno Report #7 Of 7: Attempt At Why Court Blinked At Guilt

2. Overview Of The Post

This is about one-quarter of the report. These sections summarize the crime against Meredith, the legal process, and the appeals Knox and Sollecito filed with Cassation in 2014.

This is our second translation post after this one which showed that Knox and Sollecito were NOT found innocent, far from it.

They were in fact confirmed as being at the scene of the crime, as were Guede and a presumed two others, and lying about it, though for supposed reasons not even the defenses had ever argued.

Translation was by a professional translator with extensive finalization by Machiavelli with some help from the Wiki team of the judicial terms used and the accuracy of the English relative to what is in the report. Resisted was any attempt to employ more fluent English because the Italian itself is far from fluent or coherent.

We’ll post critiques separately in Comments and other posts except for this one.

Notable for its absence is any attempt to explain why the Fifth Chambers pushed aside the First Chambers to handle this murder case, and why in that process at least two laws (bedrock articles of the judicial code) seem to have been broken.

They seem to have been tasked only to assess whether the appeal should be handled by a joint arrangement of all Supreme Court Chambers because of claims by defenses that the unusual amount of publicity and supposed legal complexity required that.

Please consider this pre-final. Suggestions for improved translation are welcome. The PDF version to go on the Wiki will be the final. 

2. The Four Opening Summaries

1. Summary Of The Crimes Against Meredith

This is the original language of Marasca and Bruno. It is their take on the prosecution.

1. Raffaele Sollecito and the United States citizen Amanda Marie Knox were called to account, before the Perugia Court of assize, for the following crimes:

A) within the meaning of Articles 110, 575, 576, first clause , number 5, in relation to the crime sub C) and 577, first clause number 4, in relation to article 61 n. 1 and 5 of the penal code, to have, in conjunction between them and with Guede Rudi Hermann, killed Kercher Meredith, by means of choking and subsequent breaking of the hyoid bone and profound lesion on the left anterolateral and right lateral neck region, caused by a piercing and cutting weapon mentioned in section B), and meta-hemorrhagic shock with observable asphyxical subsequent to the bleeding (caused by the puncture and cutting wounds present on the left anterolateral and right lateral region of the neck and the contextual aspiration of hematic material), and taking advantage of the nocturnal hour and the isolated location of the apartment inhabited by Kercher and the same Knox, as well by two other Italian girls (Romanelli Filomena and Mezzetti Laura), an apartment located in Perugia, in via della Pergola number 7, committing the act for futile reasons, while Guede, with the conjunction of the others, committed the crime of sexual violence;

B) within the meaning of Article 110 of the penal code and 4 law number 110/1975 to have, in conjunction between themselves, brought out of the house of Sollecito, without a justified reason, a big puncture and cutting knife with a total length of 31 cm (seized from Sollecito the 6th of November 2007, exhibit 36);

C) within the meaning of Article 110, 609 bis and ter no. 2 of the penal code to have, in conjunction between themselves and with Guede Rudi Hermann (Guede as material executioner, in conjunction with the co-accused) forced Kercher Meredith to endure sexual acts, with manual and/or genital penetration, by means of violence and threast, resulting in constraining maneuvers which produced lesions, particularly on the upper and lower limbs and on the vulvar region (ecchymotic suffusions on the fore side of the left thigh, lesions on the vestibular-vulvar area and ecchymotic areas on the fore side of the medial third of the right leg) as well as the use of the knife described in point B; 

D) within the meaning of Article 110, 624 of the penal code, acting together, acquiring an unjust profit, in the circumstances of time and place described in point A) and C), took possession of the sum of approximately € 300.00, two credit cards, of Abbey Bank and Nationwide, both from United Kingdom, and two cellular phones owned by Kercher Meredith, stolen from the aforementioned; fact to be qualified within the meaning of article 624 bis of the penal code,  the place of execution of the crime cited in point A) referred to here.;

E) within the meaning of article 110, 367 and 61 n. 2 of the penal code to have, acting together, simulated the attempted burglary and entering of the room of the apartment in via della Pergola, inhabited by Romanelli Filomena, breaking the window glass with a stone found in the vicinity of the house and subsequently dropped in the room, near the window, all of this to obtain impunity from the crimes of homicide and sexual violence, trying to ascribe them to unknown persons who broke in, for this purpose, into the apartment;

All this took place in Perugia, during the night between the 1st and 2nd of November 2007.

Knox only, furthermore, regarding the crime mentioned in point F), within the meaning of article 81 cpv, 368, clause 2, and 61 n. 2 of the penal code, because, with multiple actions within the same criminal plan, knowing that he was innocent, with statements filed during declaration to the Flying Squad and the Police of Perugia on the 6th of November 2007, she falsely blamed Diya Lumumba called “Patrick” for the murder of the young Meredith Kercher, all of this to obtain impunity for everyone and particularly for Guede Rudi Hermann, colored as is Lumumba; in Perugia, during the night between the 5th and the 6th of November 2007.

2. Summary of The Legal Process 2009-2014

This is the original language of Marasca and Bruno. It is their take on the 2009 trial, the 2011 Hellmann appeal, the 2013 Supreme Court appeal, and the 2013 Nencini appeal.

By judgment of 4-5 December 2009, the Court of assize declared Amanda Marie Knox and Raffaele Sollecito guilty for the crimes mentioned in point A) ““ this including the crime mentioned in point C) ““ also in B) and D), regarding the cellular phones, and E) and, for what concerns Knox, also the crime mentioned in F); crimes which fulfill the prerequisite of continuity and, excluding the aggravating factor mentioned in article 577 and 61 n.5 of the penal code, conceded to both extenuating circumstances equivalent to the remaining aggravation circumstances, condemned them to the sentence of twenty-six years of prison for Knox and twenty-five years of prison for Sollecito, plus other consequential terms;

condemned, also, the same accused, jointly, to pay compensation for damages to the civil parties John Leslie Kercher, Arline Carol Lara Kercher, Lyle Kercher, John Ashley Kercher and Stephanie Arline Lara Kercher, damages to be compensated at a separate session, with the immediate payment of the amount of 1,000,000.00 € each in favor of John Leslie Kercher and Arline Carol Lara Kercher and 800,000.00 € each in favor of Lyle Kercher John, Ashley Kercher and Stephanie Arline Lara Kercher;

condemned, also, Amanda Marie Knox to pay compensation for damages to the civil party Patrik Lumumba, to be compensated at a separate session, with the immediate payment of the amount of 10,000.00 €, plus other consequential terms.

condemned, finally, the aforementioned Knox and Raffaele Sollecito to pay compensation for damages to the civil party Aldalia Tattanelli (owner of the apartment in via della Pergola), to be compensated at a separate session, and for Lyle Kercher, John Ashley Kercher and Stepanie Arline Lara Kercher, with immediate payment.

Regarding the appeals proposed by the accused, the Court of Assizes of Appeal of Perugia, by judgment of 3 October 2011, declared Knox Amanda Marie guilty for the crimes referenced in point F), excluding the aggravating factor mentioned in article 61 n.2 of the penal code and excluded the general extenuating circumstances equivalent to the aggravating factors within the means of article 368 of the penal code ““ condemned her to the sentence of three years of prison; confirming strictly for this sentence the civil damages.

absolved the accused from the crimes previously accredited to them on point A), B) and D), to have not committed the act, and from the crime described in point E) because there is no case to answer, rejecting the damages proposed against them by the civil party Aldalia Tattanelli.

regarding the appeals proposed by the Perugia prosecutor-general, by the accused Amanda Marie Knox and the civil parties, this Court of Cassation,  First Criminal Division, with sentence of 25 March 2013, cancelled the disputed sentence referring to the crimes mentioned in point A) ““ incorporated in point C) ““ B), D) and E) and the aggravating factor within article 61 n.2 of the penal code concerning point F) and referred the appeals to the Court of Assizes of Appeal of Florence for new examination.; denying Knox’s appeal, with subsequent circumstances.

During the review the Court of Assizes of Florence, with the trial sentence indicated above, confirming the exisistence of the aggravating factor within the meaning of article 61 n.2 of the penal code, with reference to the crime within the meaning of article 368, second paragraph of the penal code, point F), revises the sentence against Amanda Marie Knox to be twenty-eight years and six months of prison; confirming the trial sentence, with the consequential damages in favor of the constituted civil parties.

Against the aforementioned ruling, the accused’s defendants had proposed different Court of Cassation appeals, each one subject to the following critical reasons.

3. Summary of Amanda Knox appeal

This is Marasca and Bruno summarising the submission of Knox lawyers Dalla Vedova and Ghirga.

The appeal in favor of Amanda Marie Knox, before the presentation of the multiple reasons of which it was constituted, was preceded by a long premise which, on the one hand, anticipated the direction of the entire appeal and, on the other hand, proposed once again the same set of problems already discussed in the original grounds for appeal, such as the constitutional legitimacy issue of the conjunction of articles 627 chapter 3 and 628 chapter 2, regarding the application of a possible “indefinite repetitiveness” of an order of remand by the Cassation and corresponding options of indefinitely appealing a rescission order.

In first arguments the basis for contesting of the entire appeal was presented, represented by the pretentious avoidance of the dictum of the rescission order of this legitimacy Court and the divergent interpretation of the same probative material by two different courts of assizes, Perugia and Firenze, the last, however , based on mere paperwork exam.

Then, it continued into the analytical analysis of the procedural factual circumstances or evidences, which wouldn’t have been validly examined or, illegitimately, perceived in a partitioned way and not from a global and unitary perspective.

Taking into account this, various reasons for the appeal were deduced and reasons summarily presented, according to the terms of article 173, chapter 1, disp. att. code of penal procedure, that is in the terms strictly necessary to the decision.

The first reason challenged the violation and inobservance of the criminal law, according to article 606 lett. b) and c) of the code of criminal procedure and also the incorrect reasoning, according to the same article let. e), about the decisive matter of the asserted reason, of Knox for the commitment of the crime, in violation of article 110 of the penal code.

Contested, in this regard, was what previously assumed in the judgments as to the merits, regarding some claimed disagreements between the aforementioned Knox and Kercher, despite the occurred absolution, with definitive decision, of the finding for theft of the sum of three hundred euros and the collected depositions, including the one provided by Marco Zaroli, regarding the “idyllic” relationship between the two girls. From the records of proceedings there had not emerged any reason that could have induced Knox to mindfully concur in the murder act and, contrarily to the assumption of the judge, the verification of motive during the evidentiary process was absolutely necessary. In this regard, no indications have been offered by the [First Chambers] review judge, despite the specific indication of the rescission order, which had notified a triple possibility: 1) genetic acknowledgement on the death option; 2) changing of an initial program which only included the involvement of the English girl in a not shared sexual game; 3) mere forcing of an erotic group game.

Also, in a scenario of absolute uncertainty the review judges had elaborated an abnormal type of collusion in a crime, the fruit of a singular mixture of different impulses and reasons of the participants: Mr. Guede driven by a sexual motive; Ms. Knox by resentment towards the English woman; Mr. Sollecito by unknown intent.

The second reason highlights a problem of great relevance in the circumstance of the present judgment, that is the right interpretation of the scientific examination results from a perspective of respect of the evaluation standards according to article 192 of the criminal procedural code and the relevance of the genetic evaluation in the absence of repeatable amplification, as a consequence of the minimal amount of the sample and, more generally, the reliability coefficient of investigations carried out without following the regulations dictated by the international protocols, both during the collecting phase and the analysis.

Particularly, anomalies were challenged in the retrieval of the knife (item 36) and the victim’s brassiere hook, which do not exclude the possibility of contamination, as correctly outlined in the Conti-Vecchiotti report, ordered by the Perugian Court of assizes, which also notified the unreliability of the scientific data, precisely because it was not subject to a further examination.

It was also denied that the retrieved knife would have been the crime weapon.

The third reason challenged the law violation and incorrect reasoning, according to article 606 lett. b) and e), regarding the teleological nexus between the crime of calunnia and the homicide. In this regard, the psychological conditions of the accused during the issue of the calumnious declarations dated 11.06.2007 are outlined, her declarations were considered unusable by this Court (with ruling number 990/80); also challenged was a violation of article 188 of the code of criminal procedure, for infringement of the declarer’s moral freedom during the assumption of evidence.

The fourth reason challenged incorrect reasoning regarding the relevant circumstances of the happening, with reference to, firstly, the asserted simulation of theft in Romanelli’s room, without considering that Guede, at the moment of his arrest, presented wounds on his right hand compatible with the hypothesis of a previous breaking of the window’s glass and subsequent climb in order to enter the room, with shards of glass on the windowsill, also in the same way not considered was the criminal record of Guede, who wasn’t new to stealing in apartments, with identical modalities. Moreover, not considered was that not a single genetic imprint of the accused had being retrieved in the room of the murder, while fourteen imprints referable to Guede were retrieved in the same room.

The argument was totally illogical of a purported selective cleaning of the environment carried out by the accused, being almost impossible to remove specific genetic traces, leaving others intact.

The fifth reason denounces the incorrect reasoning in the evaluation of the Curatolo’s and Quintavalle’s declarations, non-adequately interpreted during the examination of the evidence. Also the illogical relevance given to the SMS received by Patrik Lumumba, due to uncertain of the site of the reception, and considering the well-known unreliability of localizations based on the triangulation of telephone cells.

The sixth reason challenged the law violation, in relation to the use of statements considered unusable by this Court, with particular reference to the declarations of the accused contra se at 5:45 AM of 11.6.2007.

Also, it was not considered that the defense report submitted by Knox suffered from the unstable psychological conditions in which she found herself, also from the stress consequent to the violation of her defense rights.

The seventh reason denounces the violation of articles 111 Cost., chapter 2 and 238 of the criminal procedure code, with reference to the irrevocable sentence issued against Guede and the inappropriate interpretation of the declarations produced by the aforementioned, via Skype, to his friend Giacomo Benedetti.

The eighth reason denounces the lack of assumption of decisive evidence, according to article 606 lett. d) of the criminal procedure code and in relation to articles 111 chapter 2 and 238 bis of the criminal procedure code, for failure to re-open court hearing evidentiary phase, denied with order of 09.30.2013, in order to examine Guede, after his accusations against the indicted woman.

The ninth reason signals inconsistency and contradictory nature of motivation and also great inaccuracy, such as the declaration at page 321 about the presence of genetic traces of Sollecito and Kercher on the retrieved knife.

It is argued, also, that the place where the cellular phones of the victim had been retrieved was compatible with Guede’s itinerary towards his house, situated in via del Canerino n. 26.

Inadequate, moreover, was the evaluation of the results of the report provided by Massimo Bernaschi about the computer damage, by suspected electric shock.

The tenth reason denounces the inobservance or erroneous application of articles 627 and 603 of the criminal procedure code referring to the preliminary order of 09.30.13 and 04.17.14.

Requested, also, is the correction of the material error presented in the order dated 04.17.13, referring to the erroneous indication of the place of birth of the accused, who was born in Seattle and not in Washington.

The eleventh reason denounces the violation and inobservance of article 606 lett b), in relation to the quantification of the punishment in point of aggravating circumstance according to article 61 n.2 of the penal code for the crime of calunnia placed on the accused assuming a teleological nexus.

The remand judge [Nencini] had considered the generic mitigating circumstances of minor value, previously considered equivalent, despite the final status of judgment [giudicato] on the point.

4. Summary of Raffaele Sollecito appeal

This is Marasca and Bruno summarising the submission of Sollecito lawyers Bongiorno and Maori.

3. The appeal on behalf of Raffaele Sollecito is explained in terms of twenty-two reasons, which will be also systematically summarised according to the requirements of article 173, chapter 1, of the code of penal procedure.

To this summary explanation has to be added the reference to the introductory part, containing specific requests.

The first concerns the ruling for referral to a United Sections of Cassation panel [Sezioni Unite] on matters asserted of being of maximum relevance and, potentially, capable of generating interpretative contrast:

a) Probative or evidential value of the results of the scientific evidence in case of violation of scientific community international protocols regarding the collection and reading of the data;

b) Usability of declarations produced by Guede during the appeal process. In relation to this, it is inappropriate to relate the review of this appealed sentence to what he has stated during interrogation, reported in the appealed sentence according to article 238 bis; if those declarations were usable, it would be a consent to include in the trial, in violation of the same procedural disposition, declarations produced in absence of cross-examination.

c) Range of explanation of the principle of beyond reasonable doubt, which, from what is stated by the current defense, would be violated in this specific case by the erroneous statement by the remand judge, according to which the lack of procedural collaboration of the accused has exempted the judge from analyzing the alternative hypothesis emerged from the trial papers or the defense perspectives.

d) Reliability limits in witnesses’ declarations (such as the ones from Dramis, Monacchia, Quintavalle and Curatolo), produced some time after the facts, after being solicited by journalists. The question is about the verification of the reliability of witnesses during the procedures who created strong media impact, with particular reference to Gioffredi and Kokomani claims and to the declaration of the former offender Luciano Aviello, who did not hesitate to produce slanderous declarations towards the prosecutor, the defence attorney, and Raffaele Sollecito’s father.

The intervention of the supreme jurisdictional assembly was necessary in order to fix the evaluation standards of oral evidence during trials with strong media exposure, aiming to preserve the credibility of the trial, protecting it from mythomaniac or judicial attention-seeking behavior.

In the introductive part also thoroughly examined is the position of Amanda Knox regarding the erroneous evaluation of the evidence against her, which had reflected negative effects also on the position of Sollecito, with the distorted conviction that the two substantial positions would be linked by an indissoluble bond, almost like a unique communication vessels system or an abnormal “mutual” extension of responsibility.  All of this in order to denounce the erroneous methodological position consisting in the lack of an “identifying” evaluation of the appellant’s role in the tragic happening subject to judgment. And the aforementioned assumption gave headway to a further denouncement of legitimacy, consisting in the remand judge avoiding the dictum of the cancellation judgment, which gave to the remand judge the task of “highlight the subjective position of Guede’s contestants in the light of all the supposable circumstances”, all specifically enunciated.

It is also pointed out that Ms. Knox had never placed, even in her noon report (erroneously considered of confessional nature), Sollecito at the crime scene. On the contrary, from the aforementioned report, it was possible to deduce that the foretold was not present in the house of via della Pergola.

In fact, no trace of Sollecito was found in the room of the murder. The only element of proof against him was represented by the DNA trace retrieved on the brassiere hook of the victim; trace of which relation with the indicted was actually denied by the Vecchiotti-Conti report, which, in this regard, had accepted the observations of the defense advisor Professor Tagliabracci, world-renowned geneticist.

Once this is considered, it is possible to proceed with a brief listing of the reasons for the appeal.

1) The first articulated reason challenged the violation of articles 627, chapter 3 and 628 of the code of criminal procedure for the nonobservance of the principles enounced in those articles, particularly referring to the necessity: a) to ascertain the presence of the suspects on the crime scene; 2) to outline the subjective positions of the Rudy Guede’s assumed co-attackers; 3) to establish the motive of Raffaele Sollecito in relation to the one asserted for Guede.

In strict connection with the aforementioned appeal, also, further reasons of complaint are advanced, specifically contexted within the logic of incorrect reasoning, with regard to the meaning of article 606 lett e) of the code of criminal procedure, connected with the challenged avoidance.

  • The first concerns the appealed denial of the evidentiary phase re-opening, also expressed in the order dated on 30th September 2013, also appealed. The request procedurally proposed by the defense (based on the new reasons of the 29th June 2013 and the minutes of the hearing dated 30th September 2013) was aimed to acknowledge the actual presence of the accused on the crime scene and the role carried out by each one of them on the occasion. It is advanced also:

  • the omitted evaluation of decisive elements regarding Sollecito’s alibi, with particular reference to the results of the integrative report submitted by the technical expert for one of the parties, D’Ambrosio, which demonstrates the interaction of the indicted with his computer;

  • manifest illogicality of the reason in relation to what is expressed by article 522 of the code of criminal procedure; in the absence of motivations capable to exceed the limit of beyond reasonable doubt with regards to supposed participation of Sollecito to the criminal act of murder and to the role he carried out in the crime;

  • lack of reasoning in the motivations report, in relation with articles 192 and 238 bis, with regards to the content of the irrevocable sentence against Guede in order to identify a reason for the murder.

The requested re-opening of the evidentiary phase, aimed to demonstrate the absence of the indicted on the crime scene and the inexistence of any reason,  was illogically denied, especially since the appealed sentence had already asserted an autonomous reason, of sexual nature, against Guede.

Furthermore, the denial of the re-opening of evidentiary phase also includes a law violation in regard to article 627, second paragraph, in accordance to which “if the appeal sentence is annulled and the parties issue a request, the judge orders the re-activation of the evidentiary phase in relation to the assumption of evidence found relevant for the decision”

Even if is not intended to follow the case law orientation in line with the renewing of the appealed preliminary hearing, as for the right to evidence, the appeal judge was, however, obliged to give reason for the denial of the request of re-opening of evidentiary discussion in a rational manner and consistent with the evidentiary framework.

It was, among other things, requested a genetic perizia [examination/investigation by judge-appointed experts] in relation to the stain (apparently of spermatic nature) present on the victim’s pillowcase, in order to verify its nature and possible attribution to an unknown third party; a perizia aimed to acknowledge the effective possibility to carry out a selective cleaning in order to remove only the traces connectable with the current appellants, inside the victim’s room, without removing the ones retrieved and correctly attributed to Mr. Guede; the carrying out of exams on the item 165 B, with previous acquisition from the criminal laboratory department, of the residual DNA sample extracted from the brassiere hook and further genetic exams on the same item, ordering for such purpose a supplementary investigation in order to cancel every reason of doubt on the matter; [11] exams on the stone retrieved inside Ms. Romanelli’s room, in order to identify the presence of DNA on the stone surface; audiometric test [perizia] aimed to acknowledge the possibility of hearing the supposed heart-rending scream coming from the house in via della Pergola and the footsteps with the windows closed, of the witness Capezzali; IT investigation [perizia] on Sollecito’s computer, in order to verify the existence of human interactions during the night between the 1st and 2nd November 2007; anthropometric perizia in relation to the build, height, gait and somatic features of the subject filmed by the parking facility camera, to be compared with the physical features of Guede and his clothes at the moment of the arrest; examination according to the ex-article 197 bis of Guede in regards to the facts happened the night of the murder.

The rejection of the aforementioned evidentiary discussion requests has been motivated by the appeal judge by illogical and off-topic reasoning.

2) Violation of article 606 lett. e), with reference to the wrong reading and interpretation of the content of Knox’s report.

3) Another incorrect reasoning has been deduced with reference to the considered irrelevance of the exact determination of the hour of death of Meredith Kercher (which according to the defense should have been placed between 9 and 10 PM, 10:15 PM at most), with special reference to the exam carried out on Ms. Kercher’s phone records.

4) The same flaw has been challenged regarding the supposed incompatibility of Mr. Curatolo’s declarations with the time of the scream, and the asserted irrelevance of [scientific] exams on the precise hour of death of the young English woman.

5) Also distorted was the interpretation of Capezzali’s declarations, of which has been attached the relative transcription.

6) In regards to flawed reasoning, interpreted according to the new wording of article 606 lett. e) of the code of criminal proceeding, the erroneous interpretation of Mr. Curatolo’s witness declarations is challenged.

7) The same for Mr. Quintavalle’s testimony and the omitted examination of the evidential contribution of inspector Volturno, who submitted the service note according to which the aforementioned Quintavalle had told of having seen Mr. Sollecito and Amanda always together.

8) With reference to the combined provisions of articles 606 lett. e) and 192 of the procedure code it is, then, challenged the erroneous evaluation of the proof in relation to the supposed participation of persons in the crime, with particular reference to the contested examination of the footprints and traces highlighted by luminol.[12]

9) Also challenged is the misrepresentation of the evidence related to the time of the 112 call, also based on the supposed error of the timer of the camera situated near the parking lot.

10) Identical violation is challenged with reference to the supposed alteration of the crime scene carried out by the two suspects.

11) Other case of motivational deficit, a sub-type of evidence misrepresentation, and also contradiction or manifest motivational illogicality, is challenged, according to article 192 of the code of criminal procedure, regarding the supposed falsehood of the provided alibi and the related violation of the principle nemo tenetur se detegere.

Moreover, it should have been considered as a “failed” alibi, not “false”, and as such not suitable to sustain an “evidential conclusion”, otherwise it would be subject to inadmissible inversion of the burden of proof.

12) Also erroneous was the interpretation of the results of the genetic evidence on item 36) and on the supposed compatibility of the seized weapon with the most serious wound observed on the victim’s neck. With regards to this, it was clear the misrepresentation in which the judge was involved, given that on the knife’s blade was not observed any mixed Kercher-Sollecito DNA. On the same instrument had been retrieved traces of starch, proof that it was not true that it had been properly washed in order to remove incriminating traces. Furthermore, the starch, found in plants, has a well-known absorbing capability, so it should have absorbed the blood in case it was used for the commitment of the crime.

Hence, the motivated request to refer the trial papers to a United Sections of Cassation panel.

Furthermore the assumption that the most serious wound on the left side of the victim’s neck would have been inflicted with a single strike was denied by unambiguous emerging proofs, such as the results of the examination submitted by pathologist Cingolani, and also the conclusions of the party’s expert Introna.

13) The motivation of the appealed sentenced was objectionable also in relation to the asserted availability of the kitchen knife for Amanda Knox at the time of the aggression. In this regard, it was illogical to state that the kitchen knife, used for the homicide, wouldn’t have been hidden, considering that the furniture and instruments of the apartment rented by Sollecito were listed in inventory, so that the lack of the knife would have generated suspecion, and according to this it was replaced in its place subsequent to cleaning.

Also clearly illogical was the motivation related to the carrying of the knife on the part of Ms. Knox, with asserted use of the capacious purse in her possession, for supposed reasons of personal defense, for this purpose induced by Sollecito who was familiar with knives. It was not considered that to be true this explanation would exclude the hypothesis of joint concurrence, since it would admit that the suspect woman was alone [13] and not able to take advantage of, in case of aggression by strangers, the supposed defense by her boyfriend.

However, there was no evidence on the supposed concurrence of the appellant in [a charge of] unjustified carrying of thee knife.

14) Obvious also was the flawed reasoning on the results of the genetic investigations on the bra hook, for which a referral to a United Sections of Cassation panel is requested.

With regard to the possible contamination of the item, the appeal judges overlooked the photographic material placed before the court, which clearly demonstrated the possible contamination, regarding the way the hook was treated, with a “hand to hand” passage carried out by persons who wore dirty latex gloves.

Furthermore, a second amplification was not carried out on the hook despite the fact that half of the sample was still available, and remained unused.

Also, the hook, though observed during the first inspection carried out by the scientific police,  was left on the ground, on the floor, and there it remained for some time. It wasn’t true, also, that between the first access and the one during which the hook was finally collected, only two inspections by the investigators took place, in reality there were more and in such occasions everything was put in disarray.

With regard to this, the objections by the defense and the contrary conclusions of the defense adviser professor Tagliabracci, were not considered.

15) A misrepresentation of the evidence also took place in relation to the actual delivery of the progress reports [SAL] on the examinations carried out by Dr. Patrizia Stefanoni, of the scientific police.

16) Another reason for complaint with regard to the judge’s motivations context is related to the supposed theft simulation in Romanelli’s room and the absence of motivation in the new reasoning presented in the report of 29th July 2013.

In this regard, it is argued that it was Sollecito who notified the postal police, their having arrived in via della Pergola for other reasons (the retrieval of Kercher’s cellular phones, one of them with the sim card in the name of Romanelli), about the strangeness of the fact that from the room of the housemate of Kercher and Knox, the computer and valuable items were not missing; that the testimony declaration of lawyer Paolo Brocchi and of Matteo Palazzoli, presented in the new submiessions, regarding acts of thievery carried out by Guede with modalities similar to the ones that were supposed to be used for the breaking-into the apartment in via della Pergola, were not considered; nor were properly considered the defense reports about the wounds on the palm of the hand palm of Guede at time of his arrest in Germany; nor that the evidence had been misrepresented with reference to the collocation of the glass shards, given that from the collected testimony declarations [14] it resulted that the shards of glass were placed both under and over the objects present in Romanelli’s room; that, also, a glass fragment was retrieved in Meredith’s room, indicating that whoever unlawfully entered the room had brought that fragment with him. Therefore, it was clear that the sentence under appeal was based on mere speculations, totally detached from the trial’s reality.

17) Challenged also is the violation of article 238 bis of code of criminal procedure, on the fact that through the acquisition [in the trial against Knox and Sollecito] of the irrevocable sentences issued against Guede, it was intended to make use of declarations released contra alios in a different procedural context, although those declarations were issued in absence of the blamed persons. Beyond this point, for which a referral to United Sections of Cassation was solicited,  Guede’s declarations were erroneously evaluated, in violation of the standards dictated by article 192 of the code of criminal procedure and the indications of this Court (p. 57). It was true that those declarations were adopted as a mere confirmation element, but they were still unusable declarations. The sentences about him, after all, also the Supreme Court ones, demonstrated the absolute unreliability of Mr. Guede.

18) Another violation of the article 238 bis of the code of criminal procedure was challenged with reference to the supposed binding effectiveness of external final verdicts [giudicato esterno].

19) Also related to the declarations of Guede, their use constituted a violation of articles 111 Const., 526 chapter 1 bis of the code of criminal procedure, and 6 of the European Convention. And also on this matter, referral to a United Sections of Cassation panel was requested.’

20) In the event that such legal approach is not shared [by the Supreme Court], a question of constitutional illegitimacy was advanced of those laws which allowed bypassing the regulatory prohibitions in regards to the usability of declarations incriminating third parties in the absence of the accused persons, by means of the mere acquisition of irrevocable judgments against the declarant and containing the relative propagations contra alios.

21) Incorrect reasoning was also challenged in relation to the supposed possibility of contamination of the evidence during the appeal, independently from the doubting of sufficient quantity expressed on the point.

22) There was also a lack of rationale also related to the aggravating circumstance of sexual violence.

23) The same also applies with regard to the supposed theft of the victim’s cellular phones. 

24) Clear also is the violation of the principle of the beyond reasonable doubt, because of the omission of the examination of alternative solutions.

Finally, a rationale was omitted on a possible downgrading of the charge from voluntary murder to the less serious charges of aiding a crime or manslaughter, and also the application of mitigating circumstances.


Tuesday, October 06, 2015

TJMK/Wiki Translation Of The Marasca/Bruno Report #2 Of 7: Summaries Five And Six

Posted by Our Main Posters



“Justice and Peace” by Corrado Giaquinto 1762. Click here to go straight to Comments.

1. Overview Of The Series

Marasca/Bruno Report #1 Of 7: The Four Opening Summaries
Marasca/Bruno Report #2 Of 7: Summaries Five And Six
Marasca/Bruno Report #3 Of 7: Dismissal Of Appeal Claims, Nencini Scope
Marasca/Bruno Report #4 Of 7: Continuing Dismissal Of Various Claims
Marasca/Bruno Report #5 Of 7: Some “Incongruencies” By Previous Courts
Marasca/Bruno Report #6 Of 7: Why The DNA Evidence Was All Useless
Marasca/Bruno Report #7 Of 7: Attempt At Why Court Blinked At Guilt

2. Overview Of The Post

The purpose of the series was summarised in Post #1.

With this post we are 2/5 of the way through the judgment and summaries of the appeal grounds still continue. These are new grounds by Knox’s and Sollecito’s teams.

As previously, Sollecito’s team throw in everything but the kitchen sink. Knox’s new grounds are about 1/4 of that length, and mainly request that Knox’s appeal to ECHR Strasbourg be awaited before this verdict comes down.

Translation was by a professional translator with extensive finalization by Machiavelli with some help from the Wiki team of the judicial terms used and the accuracy of the English relative to what is in the report.  Our own critiques will be posted separately in Comments and other posts.

Please consider this pre-final. Suggestions for improved translation are welcome. The PDF version to go on the Wiki will be the final. 

1. Further Knox Appeal Grounds

4.1. In favor of Knox, two further reasons were submitted.

In the first one, objected to is the violation of article 606 lett. a), b) e) of the code of criminal procedure, criticizing the entire reasoning process of the appealed verdict, which exceeded the fixed standard of the - already exorbitant - annulment ruling , with violation of articles 627 par. 3, and 623 of the code of procedure. Criticized, particularly, is the anomalous examination of the merits within the annulment ruling.

In the second reason, objected to is the contradiction and manifest illogicality in the rationale according to article 533 of the code of criminal procedure.

And at the end, a delay of the judgment is proposed while waiting for the decision of the European Court of Human Rights, following the presentation to the international judicial body on the appeal of 11.22.2013, for alleged violation of the right to an equal trial, according to the article 6 par. 3 lett. a/c ECHR; for alleged violation of defense rights, according to the article 48 par. 2 of the Chart of Fundamental Rights of the European Union; and for the violation of the prohibition on torturing, according to the articles 3 ECHR and 4 of the Chart of Fundamental Rights of the European Union.

2. Further Sollecito Appeal Grounds

4.2 Also Sollecito’s defense proposed new reasons, listed as follows.

The first new reason challenges the incorrect reasoning on the time of Kercher’s death. As defense has stated a careful examination of objective elements would have allowed the setting the time of death in a period of time between 9-9:29 and 10:13 PM.

The exact determination of the time of death [exitus] was fundamental to proving the actual presence of the accused at the crime scene, at the time of the aggression.

In particularl the examination carried out on the victim’s cell phone revealed subsequent contacts between 9 and 9:13 PM, as reported in the Pellero report on the SMS and the aforementioned cellular phone. This would have allowed acquiring ““ if not the certainty of the young English woman being alive until 10:13 PM, considering the possibility of accidental phone connections ““ at least useful information in this regard.

More precisely, the following contacts took place during the considered period of time:

1) a first call, at 8:56, to her home number, in England, remained unanswered and not followed by a new call, strange considered the habits of the girl, who was used to calling her family every day;

2) another contact, maybe accidental, at 9:50 PM, on a voice mail, lasted a few seconds, without waiting for an answer;

3) a contact, at 10PM, with the English bank Abbey, which failed obviously because it was not preceded by the international prefix;

4) at 10:13, an SMS was received by the cellular phone, in the place where it was abandoned, in via Sperandio.

On the other hand, the examination carried out on Sollecito’s computer registered an interaction at 9:20 PM and a subsequent one at 9:26 PM, not found by the postal police, but discovered by the defense expert D’Ambrosio by means of a different operative system application (MAC), for the watching of an animated cartoon (Naruto) of the length of 20 minutes, demonstrating that Sollecito was at home until 9:46.

This helps to demonstrates the non-involvement of the accused, also evident from the Skype contact occurred between Guede and his friend Benedetti.

To be sure, a new IT analysis by judge-appointed experts would have been necessary, as requested in vain by the defense.

The previous [a quo] judge, then, also committed an obvious misrepresentation in the evaluation of Curatolo’s testimony, not realizing that the declarations of the witness were, actually, in favor of the accused, especially in the part where he states to have seen the couple in piazza Grimana at 21:30 PM until 12:00 AM. Therefore, there was an internal contradiction of the judging: it wasn’t true what was stated at p. 50 concerning the supposed absence of extrinsic elements confirming that the two accused, from 9:30 PM to 12:30 PM of the next day,  would have been in a different place than the one where the homicide took place.

Within the reconstruction of the crime, then, it was not taken in account that witnesses Capezzalie and Monachia located the harrowing scream that they heard at a time around 11 ““ 11.30 PM. However, Ms. Capezzali was contradicted by other witnesses, residents of the area, who declared they didn’t hear anything.

Furthermore, not examined was the video clip captured by the camera placed near the parking lot which had filmed the passing by of a person similar, in features and clothes, to Guede. The time of filming was 7:41 PM, though 7:39 PM effectively because of a clock error of 12 or 13 minutes.

Also the autopsy, in observing the gastric situation, allowed the fixation of the hour of death between 9:30 and 10 PM. Furthermore, during the cross-examination hearing, the forensic pathologist Dr. Lalli rectified an error contained in his technical report, pointing out that the time of death would have had to be set not at “not less than 2-3 hours from the last meal (that took place around 6 PM, with the English friends)” but at “not more than 2-3 hours from the last meal”.

Considered this uncertain conclusion, a new analysis by judge-appointed experts [perizia] was requested in vain, in the new reasons for appeal, dated 29 July 2013.[17]

So, in the light of the trial data, as stated by the defense, the time of death of the young English woman would have had to be approximately set between 9 and 10:13 PM.

The second new reason challenges the failure to order a judge appointed experts review [perizia] in order to verify or otherwise the possibility of a selective cleaning of the crime scene which would have removed only the traces referable to the two accused, leaving only Guede’s ones. In fact, in Kercher’s room multiple traces of Guede were found but none of Sollecito.

Incorrect reasoning is also suggested on the supposed alteration of the crime scene by the accused. It was not, however, considered that Sollecito had no interest in polluting [the scene].

The third reason challenges a flaw in rationale regarding the plantar imprints presumed as female footprints (size 37 EU) demonstrating a participation of more than one person in the crime.

With reference to the imprints, there was an obvious error in the judgment, also present in the judgment of annullment of Cassation (p. 21), considering that the only imprint retrieved in Kercher’s room belonged to Guede.

The fourth reason again claims violation of the law, with reference to the article 606 lett. c) and e) regarding the evidence on the participation to the crime and the violation of the articles 111 Const, 238, 513 and 526 of the code of penal procedure on the usability of the interrogation of Guede and the observance of the evaluation standards on a charge of complicity.

The fifth reason claims misrepresentation of the evidence and manifest illogicality, related to the results of the genetic investigation on the knife (item 36) and also on the supposed “non-incompatibility” of the instrument with the most serious wound observed on the victim’s neck. Claimed further is the violation of the evaluation standards of evidence according to article 192 of the code of criminal procedure.

The sixth reason claims lack of rationale, because there was no consideration of the violation of the international recommendations on the sampling and examination of traces of small entity and the interpretation of the results. Also claimed is misrepresentation of the evidence and manifest illogicality of reasoning on the results of the genetic examinations carried out on the kitchen knife and also violation of the proof evaluation standards, according to the article 192 of the code of procedure.

The seventh reason claims incorrect reasoning with reference to the violation of the international recommendations on the sampling and analysis related to the genetic examinations carried out on the brassiere hook (item 165 B) and the objected-to contamination of the item, after the inspections carried out by the Criminal Investigation Department.

The eighth reason challenges the violation of articles 192 and 533 of the code of criminal procedure on the interpretation of the genetic examination on the item 165 B and lack of rationale on the objected violation of the international recommendations in matter of interpretation of mixed DNA.[18]

The ninth reason challenges a violation of article 192 of the code of criminal procedure and manifest illogicality of evidence for misrepresentation of the scientific investigation, considering the failure of the DNA proof in this case.

The tenth reason challenges a manifest illogicality in the motivation in the luminol evidence related to the supposed presence of blood imprints in areas of the house of via della Pergola and also on the bathmat, and manifest illogicality of rationale related to the mixed traces of Knox and Kercher and the evaluation of the circumstantial evidence in relation to the participation of more than one person to the crime.

The eleventh reason challenges a manifest illogicality or contradictory nature in the motivations related to the evaluation of the motive of the murder.

The twelfth reason argues the same incorrect reasoning and misrepresentation of the evidence related to the time of the 112 call.

The thirteenth reason argues the same incorrect reasoning in relation with the alibi and the supposed tentative of Sollecito to cover for the supposed co-perpetrator Amanda Knox.

The fourteenth reason challenges the violation of the law principles stated by Cassation and the violation of the judicial standards of “beyond reasonable doubt” according to article 533 of the code of criminal procedure.


Monday, October 05, 2015

TJMK/Wiki Translation Of The Marasca/Bruno Report #3 Of 7: Dismissal Of Appeal Claims, Nencini Scope

Posted by Our Main Posters




1. Overview Of The Series

Marasca/Bruno Report #1 Of 7: The Four Opening Summaries
Marasca/Bruno Report #2 Of 7: Summaries Five And Six
Marasca/Bruno Report #3 Of 7: Dismissal Of Appeal Claims, Nencini Scope
Marasca/Bruno Report #4 Of 7: Continuing Dismissal Of Various Claims
Marasca/Bruno Report #5 Of 7: Some “Incongruencies” By Previous Courts
Marasca/Bruno Report #6 Of 7: Why The DNA Evidence Was All Useless
Marasca/Bruno Report #7 Of 7: Attempt At Why Court Blinked At Guilt

2. Overview Of The Post

The purpose of the series was summarised in Post #1.

With this post we are about 3/4 of the way through the judgment and here Marasca and Bruno push aside both some of Knox’s and Sollecito’s grounds of appeal and also Judge Nencini’s chosen scope.

This is done in a manner remarked on by Catnip as curiously pedantic and dogmatic. It is based largely on innuendo and a noticeably weak grasp of the real facts - for example the jailbirds Alessi and Aviello were DEFENSE witnesses and hardly a weakness of the prosecution case.

The evidence discussed is cherrypicked and the bar for “beyond a reasonable doubt” is set way higher than judges who normally handle murder cases (as the Fifth Chambers and these particular judges do not) would ever espouse. The exhaustive six-step review process prior to the 2009 trial is totally ignored.

Translation was by a professional translator with extensive finalization by Machiavelli with some help from the Wiki team of the judicial terms used and the accuracy of the English relative to what is in the report.

3. Dismissal Of Appeal Claims, Nencini Scope

Our further critiques will be posted separately in Comments and other posts. Please consider this pre-final. Suggestions for improved translation are welcome. The PDF version to go on the Wiki will be the final. 

CONSIDERED THAT

1. Logical and exposition reasons call for an immediate examination of the preliminary matters advanced by the defenses.

In fact, these are issues of prejudicial relevance, since they are potentially capable of influencing the subsequent developments of decisions which, even if devoid of substantial definitiveness, could nevertheless have a decisive effect, at least in relation to the remand back to the lower court and postponement of the present consideration.

First of all, we will address the issue of constitutional legitimacy of the combined provisions of articles 627 par. 3, and 628 par. 2 of the code of criminal procedure, for supposed violation of the principle of reasonable length of the judicial process in light of article 111 of the Constitution; also the request to delay judgment until the decision of the European Court for Human Rights, subjected to an appeal submitted by the defense of Amanda Knox complaining about coercive treatment to which the aforementioned was supposed to have been exposed by the investigators during the preliminary investigations; also to the multiple requests of Raffaele Sollecito’s defense to refer examinations to the United Sections of this Supreme Court [a panel of all Chambers] about matters of particular relevance to their capability to generate interpretative alternatives in the case law of this Court.

2. All the requests are clearly unfounded.

2.1. Unfounded, first of all, is the restated issue of constitutional legitimacy of the laws that rule judgment by the courts after Supreme Court remand. And in fact, the motivating report of the previous [a quo] judge [Nencini, ed.], who, with the preliminary court order dated 30 September 2013, has considered the matter as clearly unfounded, is irreproachable. To the arguments brought forward [by the judge] in relation to the first matter ““ an illustration of how the dynamics of the relationship between a judgment of annulment on legitimacy grounds, and a replacement judgment by the lower judge after remand, are guided by a progressive narrowing of the thema decidendum [matter], which, serves to preclude an extension ad infinitum of the trial process ““ this can be added: the effect of the progressive delimitation of the res iudicanda is followed by the judiciary as a possible result not only of the rescinding [annulling] judgment, but also of the requirements of article 628, par. 2, of the procedural code, according to which in all cases the sentence of the appellate judge can be challenged only in relation to reasons not concerning points already decided the Court of Cassation, or for failure to abide with the requirements of article 627, chapter 4 , of the code of criminal procedure, according to which “the appellate judgment by the court following Supreme Court remand cannot reopen the issue of nullity, even absolute, or inadmissibility, decided during previous trials or during preliminary investigations.”

Thus legitimacy jurisprudence is prohibited to extend as far as non-usability, since it is considered as an expression of a general principle of the decree which tends to confer definitive status to the decisions of the Court of Cassation (Section 5, n. 10624 dated on 12 February 2009, Barbara, Rv. 242980; Section 5, n. 36769 dated on 03 September 2006, Caruso, Rv 235015; Section 1, n. 22023 of the 18 April 2006,  Marine, Rv. 235274; and, about preliminary judicial review, Section 6, n. 47564 of the 14 November 2013, Tuccillo, Rv. 257470; contra, Section 3, n. 15828 of the 26 November 2014, Rv. 263343).

It is thus perfectly acceptable to affirm that the legislative [parliament] has designed a procedural module with a progressive foundation (principle of so-called “progressive ruling”), which can be viewed ““ in a slice of time ““ as “concentric circles”.

Furthermore, the previous court ““ in the instances described in the appeal document signed by the lawyers Ghirga and Della Vedova ““ had already had the opportunity to take care of this matter, declaring it inadmissible on the basis of argumentations that the current defensive explanations doesn’t seem capable of rebutting, since they do not proffer arguments that could possibly promote a different deciding conclusion.

It cannot be ignored that the criminal trial is, constitutionally, aimed at the acknowledgement of the material truth by means of a cognitive progression, excluding possible errors in procedendo or in iudicando, medio tempore occurring, to reach its final purpose, in terms of approximation as close as possible to that objective, [20] rendering back to the community a result commonly intended as “judicial truth”, that means truth found procedurally (rectius, the one which has been possible to verify by means of the ordinary gnostic and inferential instruments at disposal of the judge). All of this, within the ineluctible contexts of the procedural formalities, which represent, obviously, the maximum expression of juridical civility and the prestigious spirit of a centuries old process of advancement of procedural knowledge typical of the Italian juridical culture.

And when one deals with, as in this case, matters of particular evidence in absence of direct proof, or of reliable technical-scientific contribution, or of pertinent and usable declarative contributions ““ the judicial truth, detached from factual reality, ends up being a mere fictio iuris, considering the limits and the ordinary subjectivity of the instruments of human knowledge, commonly depending on a reconstructive and re-elaborative process a posteriori.

So, it is precisely in this circumstances that the respect of standards is most necessary, representing an unswerving parameter ““ objective and privileged ““ for the verification of correctness and adequacy of the cognitive process of the judge during the pragmatic approach to the material truth.

And the Judge of the legitimacy is, in fact, called to attend to the aforementioned verification with cognitive powers only ab extrinseco, meaning that they are limited to a mere external check of the formal correctness, congruency and logical coherence of the set of explanations justifying that cognitive progression, without any possibility to observe the real demonstrative importance of the evidential elements used in it.

And furthermore, such pursue of finalization will have to comply with the constitutional principle under article 111 of the Constitution about reasonable length of a trial process intended to develop through phases and predetermined sequenced articulations.

The pursue of that ultimate purpose (seeking of the material truth) ““ particularly in trials of particular delicacy like the one examined here, of such difficulty in carrying out of procedural activities, and technical investigations of particular complexity ““ has therefore to be related to the necessity of a judicial reply of a length as short as possible, for the obvious necessity of respect for the value of the subjects involved and of the ineluctible claim for justice both of the victims and the community.

2.2. The request of Amanda Knox’s defense aimed at the postponing of the present trial to wait for the decision of the European Court of Justice [sic] has no merit, due to the definitive status of the guilty verdict for the crime of calunnia, now protected as a partial final status, against a denouncement of arbitrary and coercive treatments allegedly carried out by the investigators against the accused to the point of coercing her will and damaging her moral freedom in violation of article 188 of penal procedure code. [21]

And also, a possible decision of the European Court in favor of Ms. Knox, in the sense of a desired recognition of non-orthodox treatment of her by investigators, could not in any way affect the final verdict, not even in the event of a possible review of the verdict, considering the slanderous accusations that the accused produced against Lumumba consequent to the asserted coercions, and confirmed by her before the Public Prosecutor during the subsequent session, in a context which, institutionally, is immune from anomalous psychological pressures; and also confirmed in her memoriale, at a moment when the same accuser was alone with herself and her conscience in conditions of objective peacefulness, sheltered from environmental influence; and were even restated, after some time, during the validation of the arrest of Lumumba, before the investigating judge in charge.

2.3. Finally, denied also is the request from Sollecito’s defense seeking to obtain referral to the United Sections of this Court of matters related to the evidential value of scientific results acquired in violation of international protocols which contain specific prescriptions meant to assure the genuineness of the sampling and the analysis; also related to the standards of evaluation of expert testimony during the trial process under strong media exposure; also related to the usability of accusative declarations reported in the verdict that had been acquired according to article 238”“bis of the procedure code.

These are, clearly, matters of particular weight, of some agreed relevance for purposes of defining the present judgment, but of dubious capacity to generate potential jurisprudential contrasts. Anyway, interpretative tangles are checked out here which this Court could not ignore, with the pertinent conclusion having binding effectiveness within the purpose of defining the present proceeding.

3. Having thus stated, the main topic of the present proceeding can now be approached, the leitmotiv of the claims of the contestants, revolving around a prejudicial claim of inobservance, on the part of the [Florence] appeal judge, of the dictum of the [2013] annulment ruling by this Court and the principle of law established within it.

The investigation requested to this Court is only apparently simple, considered that the ratio decidendi of the annulment ruling is founded on the finding of a manifest illogicality of the rationale supporting the appealed judgement; a finding which consists ““ and specifies itself ““ in the observation of a violation of the principles of completeness and of non-contradiction.

It is an established jurisprudential rule that, in presence of such reasoning for an annulment, derived from a deficit in the reasoning, the new appeal judge [giudice di rinvio] is tasked with the comprehension of the whole body of evidence, which he is expected to revisit [22] in full freedom of conviction, without any bound, being only supposed to produce, as a result, a reasoning deprived of those flaws of manifest illogicality or manifest contradiction which caused the annulment of the first appeal verdict. In the case law of this Court of Cassation there is, in fact, the recurrent statement “following an annulment for incorrect reasoning, the new appeal judge is prohibited from basing the new decision on the same arguments considered illogic or inconsistent by the Court of Cassation, but he is however free to reach, on the basis of different argumentations from the ones claimed in the Supreme Court therefore integrating and completing the ones already issued, the same judicial result of the annulled ruling. This because it is an exclusive task of the courts of merit to reconstruct the resulting facts from the trial findings, and to assess the signification and value of the relative sources of evidence”. (among others, Sect 4, n. 30422 of 21 June 2005, Poggi, Rv. 232019; Section 4, n. 48352 of 29 April 2009, Savoretti, Rv 245775).

A problem ““ suggested with appreciable discretion within the new reasons [of appeal] in favor of Knox ““ appears when, as in this case, the Court of Cassation has entered in the merits, going beyond the institutional limits assigned to it, such as when for example it offers a range of causal alternatives for the murder and assigns to the judge the task of picking, within that predetermined numerous clausus, the one most appropriate to the case at bar. There’s no doubt, in the opinion of this panel, that in such peculiar event the new appellate court cannot consider itself either bound or influenced, because of the aforementioned clear problem of this institutional kind, that, for what was stated before, exists between cognizance of legitimacy and cognizance of the fact, the latter being the exclusive prerogative of the judge of merit. In this regard the Supreme Court has already given its contribution, stating that the new appellate judge cannot be influenced “by evaluations possibly over-stated by the Court of Cassation in its argumentations, since the spheres within which the respective evaluation are carried out are different, and it is not the task of the Court of Cassation to put its conviction before the judge of merits in regards to those matters. After all, in those cases where the Supreme Court possibly focus its attention over some specific aspects from which the lack or the contradiction of reasoning emerges, this doesn’t mean that the new appellate judge would be tasked with a new judgment only on the specified points, because the judge retains the same powers which originally belonged to him as a judge of merits in relation to the identification and evaluation of the trial data, regarding the point of the verdict affected by annulment” (Section 4 n.30422/2005 cit.). In the same sense it was stated that “”¦ possible factual elements and assessments contained in the annulment ruling are not binding for the new appellate judge, but are considered exclusively as a reference point in order to position the complained-about error or errors, [23] and therefore not as data imposed for the decision requested of him; moreover, there’s no doubt that, after the ruling of annulment for incorrect reasoning through the indication of specific points of deficiency or contradiction, the powers of the new appellate judge cannot be restrained to the examination of the single specified points, as if they were isolated from the rest of the evidential material, but he must also carry out other acts of evidence-finding on which results his decision has to be based, providing the reason for this within the judgment report” (Section 4, n. 44644 of 18 October 2011, defendant F., Rv. 251660; Section 5, n. 41085 of 3 July 2009, defendant L., Rv. 245389; Section 1, n. 1397 of 10 December 1997 dep. 1998, Pace, Rv. 209692).

All of this is the background to a reiterated doctrine of this Court of Cassation, consolidated to the point of constituting a ius receptum, according to which “the powers of the new appeals judge are different depending on if the annulment has been ruled for violation or erroneous application of the criminal code, or for absence of manifested illogicality of reasoning, since, while, in the first hypothesis, the judge is bound to the law principle expressed by the Court, without changing the evaluation of the facts as they were found by the appealed verdict, in the second hypothesis, a new examination of the evidential compendium can be carried out, without repeating the same incorrect reasoning of the annulled order. (among the others, Section 3, n. 7882 of 10 January 2012, Montali, Rv. 252333).

3.1. As we will see, the appeals judge [Nencini] was influenced on many points by the suppositions of factual aspects emerging within the annulment judgment, as if the convincing and analytic evaluations of the Supreme Court were unavoidably converging in the direction of affirmation of guilt of the two defendants. Being misled by this error, the same judge encounters clear logic inconsistencies and obvious errors in iudicando, which need to be challenged here.

4. Meanwhile, it can’t be ignored, on a first summary overview, that the history of these proceedings is characterized by a troubled and intrinsically contradictory path, with the only fact of irrefutable certainty being the guilt of Amanda Knox regarding the slanderous accusations against Patrick Lumumba. On the concern of the murder of Kercher, the declaration of guilt of Knox and Sollecito, in first instance, was followed by a ruling of acquittal from the appeal Court of Assizes of Perugia, consequent to an articulated evidential integration [the Conti-Vecchiotti report, ed.]; the annulment by this Supreme Court, First Criminal Section; and finally the judgment, on appeal, of the Court of assizes of Florence, today considered under a new Cassation appeal.

An objectively wavering process, the oscillations of which are the result of glaring failures or investigative “amnesias” and of culpable omissions in [24] investigating activities, which, had they been carried out, would have, probably, allowed from the start the outline a framework, if not of certainty, at least of reassuring reliability, in direction of either the guilt or the non-involvement of the current appellants. Such scenario, intrinsically contradictory, constitutes a first, eloquent, representation of an evidential set of anything but “beyond reasonable doubt”.

4.1. Surely, an unusual media fuss about the crime, caused not just by the dramatic modalities of the death of a 22-year old woman, so absurd and incomprehensible in its genesis, but also by the nationality of the persons involved (a USA citizen, Knox, accused of participating in the murder of her housemate who was sharing a foreign study experience with her; an English citizen, Meredith Kercher, killed in mysterious circumstances in the place where she likely used to feel most safe, her home, and additionally the international implications of the case itself, prompted the investigation to suffer from a sudden acceleration, which, in the spasmodic search for one or more culprits to be delivered to international public opinion,  surely didn’t help the search for substantial truth, which, in complex murder cases like the one examined here, has an ineluctible requirement both for accurate timing, and also the completeness and accuracy of the investigation activity. Not only that, but also, when ““ as in this case ““ the result of the search is greatly based on the results of scientific examinations, the antiseptic sampling of all the elements useful to the investigation ““ in an environment provided of the appropriate sterilization, so to shield it from possible contaminations ““ constitutes, normally, the first cautionary strategy, itself the vital prelude to a correct analysis and “reading” of the retrieved samples. And if the key part of the activity of technical-scientific research consists in specific genetic investigations, whose contribution in the investigative activity emerges as more and more relevant, the reliable parameter of correctness can only be the respect of standards imposed by the international protocols which outline the fundamental rules of procedure of the scientific community, on the basis of statistic and epistemological observation.

The rigorous respect for such methodological standards provides a reliability, conventionally acceptable, in the assembled results, firstly related to their repeatability ““ that is the possibility that those findings, and those alone, would be reproduced by an identical investigative procedure 0in identical conditions, according to the fundamental laws of the empiric method and, more generally, of experimental science, that since Galileo has been based on the application of a “scientific method” (typical procedure meant to obtain knowledge of “objective” reality, reliable, verifiable and sharable; by common knowledge this consists, on one hand, in the collection of empiric data in relation to the hypothesis and theories to be confirmed; on the other hand, in the mathematical and rigorous analysis of such data, that is associating ““ as stated for the first time by aforementioned Galileo ““ “sensible experiences” with “necessary demonstrations” that is the experimentation with mathematics.

4.2. As we will see, all of this is basically missing in the current judgment.

Not only that but, the media attention, besides not helping the search for the truth, has produced further prejudicial feedback in terms of “procedural diseconomy”, generating undue “noise” (in the IT meaning) , not so much from the delay of the availability of witness testimony from certain persons (considering that from this point of view it is anyway just a matter of verifying the reliability of the corresponding declarative contributions), but because of the introduction into the trial of extemporary declarations by certain detained subjects, of solid criminal caliber [defense witnesses Alessi and Aviello], surely intent on self-serving mythomania and judicial attention-seeking behavior capable of assuring them a media stage, including on TV, so breaking at least for one day the grayness of their prison regime. And by the way this was a common instance of claims from “fetchers” of truths collecting within the prison environment unworthy confidences between co-inmates during the routine yard time. Clearly not commendable situations, which, also, had had the outcome of assuring ““ for the first time during the appeal ““ the active participation in this case of Rudy Guede (when he was summoned during the first instance judgment, he invoked his right to not respond; p. 3): [he’s] a key element in this case, even if unshakably reticent (and has never confessed), a bringer of half-truths differing from time to time.

Rudy Guede is the Ivorian citizen who was also himself involved in the Kercher case. Tried separately with a separate judgment, as a co-participant to the murder, he was sentenced, at the end of an abbreviated trial, to the penalty of thirty years imprisonment, reduced on appeal to sixteen years.

Our mention of him is to make it worth introducing the second, irrefutable, certainty of this trial (after the one concerning the responsibility of Knox for the crime of calunnia), that is the guilt now under irrevocable ruling, of the Ivorian as the author ““ participating with others ““ of the murder of the young English woman.

The finding of guilt of the aforementioned was reached on the basis of genetic traces, definitely attributable to him, collected in the house in via della Pergola, on the victim’s body and inside the room where the murder was committed.

4.3. The same reference [to Guede] also raises two relevant points of law, highlighted by the defense: one concerning the usability and the value of the aforementioned irrevocable verdict in this proceeding; the other related to the usability of the declarations - in terms less than coherent and constant ““ produced by Guede within his own trial, which may involve the current appellants in some way.


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