Headsup: Disney's Hulu - mafia tool?! First warning already sent to the Knox series production team about the hoaxes and mafia connections. The Daily Beast's badly duped Grace Harrington calls it "the true story of Knox’s wrongful conviction of the murder of her roommate". Harrington should google "rocco sollecito" for why Italians hesitate to talk freely.

Category: The officially involved

Thursday, February 12, 2009

BBC Interview: Mignini Comes Across As Fair, Decent, Funny, And Quite Sane

Posted by Peter Quennell

Click above for Julian Joyce’s exclusive interview with Prosecutor Mignini.

This one might have the Salty’s Restaurant crowd grinding their teeth. And Amanda Knox’s own counsel rather relieved.

Note these significant insights into Prosecutor Mignini’s thinking, situation and health.

Giuliano Mignini told the BBC he had “never visited a psychologist” and he was taking legal action against a US paper that carried the allegations.

Mr Mignini also said Ms Knox’s backers were trying to “influence” the trial. Amanda Knox and her Italian boyfriend are accused of the murder of British student Meredith Kercher in 2007…

Mr Mignini said he was “not happy” about a story on the West Seattle Herald’s website last month in which supporters of Amanda Knox say he is believed to be mentally unstable…

No-one at the West Seattle Herald could be reached for comment. Mr Mignini confirmed he has started an action for defamation against the newspaper.

He joked: “I am quite a healthy man. I don’t go to the doctor much and I have never visited a psychologist.”

The allegations are the latest episode in what Mr Mignini believes to be a systematic attempt to discredit him, and thus derail Amanda Knox’s trial.

He said: “These are allegations from 9,000 kilometres away from people who have no knowledge of me and to whom I have never spoken. “I would never give an opinion on someone I know nothing about.

“I regard it as trying to influence the trial. These things might happen in Italy but I really would not expect attempts to influence to come out of the United States.”

Evidence that the trial’s prosecutor is also being targeted by Ms Knox’s supporters appears prominently on the website of Seattle lawyer Anne Bremner, who represents the Friends of Amanda.

They include accusations that he leaked “false information” to the press and that Mr Mignini is under indictment for “abuse of office”. The indictment allegation is understood to refer to a previous case that Mr Mignini investigated in Florence.

But Mr Mignini said it was true that although a Florence prosecutor had brought proceedings against him, another court had already “declared non-existent” the charges of abuse of office.

Mignini is also quoted as being “in thrall to a sort of delirium” in his handling of the Florence case, in which he “fantasized amazing and complex Satanic conspiracies.”

This is believed to be a reference to Mr Mignini’s involvement in an inquiry connected to the infamous “Monster of Florence” serial killings, during which Mr Mignini is said to have consulted an alleged psychic, Gabriella Carlizzi….

But Mr Mignini said he was “not friendly” with Mrs Carlizzi, and did not share her views, even to the point of having her arrested in 2005.

“I have said these things many times to American journalists,” he said. “But there are none so deaf as those who will not hear.”

A systematic attempt to discredit Mr Mignini and thus to derail Amanda Knox’s trial? Well! Who would have thought it.

Now, about that rumored gigantic libel/slander lawsuit that London lawyers would like him to get active…

Monday, February 09, 2009

Trial: Highlights Of The Testimony On 6 February And 7 February

Posted by Peter Quennell

These seem to have been the most significant and dramatic happenings in the courtroom on Friday and Saturday.

This was the first part of the prosecution’s case to be presented, and so the first of the prosecution witnesses were testifying and were being cross-examined by the defense lawyers.

In the defense part of the trial coming up, the defense counsel will present their own witnesses to try to rebut this testimony, and then the prosecutors will cross-examine their witnesses.

So none of this can be considered cast in stone, then. But it looks quite a tough case so far. The defenses seem to have their work cut out for them.

Reports in the Italian media were considerably more detailed than in the UK media, though coverage there was good too. It looked in both countries to be pretty objective.

Americans are as usual the most ill-informed or mis-informed on this tragic case. With one or two fine exceptions, the US media continues to fall short.

Translations here from Italian to English are mostly by our own team. 

• Judge Massei admitted into evidence the uncoerced written admission of Amanda Knox that she was present at the scene during the murder of Meredith.


• In a surprise statement to the court, Sollecito claimed that “I barely knew Meredith, I didn’t know Guede at all” and that he began a close relationship with Knox only on 24 October, days before the murder.


• The communication police testified on the lines of the Micheli report on how Meredith’s two mobile phones were found in Signora Lana’s garden and retained at the police station.


• Mr Bartolozzi, whose agency oversees internet activity in Italy, said an examination of Sollecito’s computer had indicated that contrary to his claim there had been no activity on it between 9.10pm and 5.32am.


• The communication police seem to have found Knox and Sollecito embarrassed and surprised when they arrived, and they were apparently encountered with a bucket and a mop.


• Sollecito’s claim to have already called the Carabinieri to come to the house when the communication police officers arrived seems to have been misleading.


• The communication police noticed that there was a washing machine in operation and they could hear the noise of the centrifuge. Soon after, the mobile-squad police found that the machine had finished its work a few minutes earlier, and the clothes were still warm.


• Filomena testified that the washing machine was still warm when she returned to the cottage and that it contained some of Meredith’s clothes.


• Filomena said of Knox “She told me: ‘It’s very odd. I’ve just come back to the house and the door is open. I had a shower but there’s blood everywhere. I’m going to get Raff. Meredith is nowhere to be seen. Oh God, maybe something’s happened to her, something tragic’.”


• Filomena said she replied “But Amanda. I don’t understand. Explain to me, because there’s something odd. The door’s open. You take a shower. There’s blood. But where’s Meredith?... The door’s open. I go in. There’s blood. I take a shower? I don’t know about you, but I really don’t think that that’s normal.”


• To the communication police, the break-in via Filomena’s bedroom window appeared to have been faked, as there was window glass on top of some disarrayed clothes, valuable items had been left in the room, and luminol had revealed Knox-sized and Sollecito-sized footprints on the floor.
  
• Filomena testified that her first instinct on returning to the apartment had been to go to her room. Her clothes were on the floor and her cupboard was open, but none of her jewellery was missing, nor were her designer sunglasses and handbags.


• Filomena said there was glass on top of the pile of clothes. Her laptop was among the clothes.“I remember that in lifting the computer I realised that I was picking up bits of glass because there were bits of glass on top and it was all covered with glass.”


• Filomena testified that the relationship between Amanda and Meredith started off well and they bonded immediately.  “They were of the same age, they had interests in common, and both spoke English.” Then the relationship seemed to deteriorate.


• Filomena said that Kercher was involved with a “very kind” young man, Giacomo Silenzi, who lived in an apartment downstairs and who she said “courted her very sweetly…. Meredith never brought men home ““ the only people who came to the house were two of her English girlfriends.”


• Filomena contradicted Knox on whether Meredith was in the habit of locking herself in her bedroom, according to Filomena, Meredith never did, whether inside or outside.


• Filomena testified that Knox and Sollecito just cuddled at the scene while everyone else was in tears and she said she was bewildered by Knox’s behavior. Another witness testified that Knox may have cried.


• Filomena examined the knife found in Sollecito’s apartment and said she had never seen that knife in Via della Pergola. She was unaware of any dinner or lunch that Meredith had attended at Sollecito’s apartment which could explain her DNA on that knife.


• Filomena said she saw Raffaele Sollecito and Amanda Knox exchanging a note at the police station.


• Luca Altieri said “With the police we decided to break into the room - I don’t know exactly where Amanda and Raffaele were at that time, but I can tell you, they were not in a position to see inside the room.”


• Inspector Bastianelli described having made everyone exit the house after the door to Meredith’s room had been opened. And of then having stood for about half a minute at the door of the room, facing into the room without entering it, and concluding that Meredith was already dead.


• But according to Luca Altieri, Inspector Bastianelli seemed to enter into Meredith’s room a little and incline toward Meredith on the floor [this has been modified, as Italian reports say he did not claim the inspector touched the duvet.]


• Paola Grande confirmed not having seen the inspector entering the room, but hearing him subsequently confirm that the person under the bedcover was dead, that there was a lot of blood, and that the victim had struggled because there were bloodied prints on the wall.


• The police were curious as to why Knox’s lamp was in Meredith’s room, especially as there was no other light source in Knox’s room.

This next Friday, Meredith’s English friends will be heard in court. And Meredith’s former boyfriend Giacomo Silenzi is expected to tell the court about his relationship with Meredith.

And now rescheduled for next Saturday are Giacomo Silenzi, Stefano Bonassi and Daniele Ceppitelli.

Thursday, February 05, 2009

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

Posted by Brian S

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

On Lone Wolf

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

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

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

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

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

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

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

Sequence Of Events

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

Phones

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

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

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

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

The House

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

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

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

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

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

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

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

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

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

The Forensic

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

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

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

Pack attack

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

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

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

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

Definitive points

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

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

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

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

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

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

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

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

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

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

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

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

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

Bottom Line

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

Tuesday, January 27, 2009

Judge’s Report On Guede Sentence Suggests Roles Of Knox And Sollecito

Posted by Our Main Posters

Seems rather a bombshell for the remaining two defendants. A shapeshifter, even.

Last October, Judge Micheli [bottom here] released a summary rationale of his verdict and sentencing of Guede. And last night, the judge released his full report on the rationale.

Richard Owen of the London Times [above] seems the only reporter so far to have read all 106 pages - how we wish American coverage could achieve this superb level. Some excerpts:

Judge Paolo Micheli, releasing a report on his reasons for sentencing Rudy Guede, 22, to 30 years in prison in October for his part in the murder, said the killing was “a group crime”. Guede had not himself cut Ms Kercher’s throat. But there was “cast iron proof” that he had taken part in the murder, even if he did not strike the “mortal blow”.

Under Italian law a judge has to outline the “motivation” behind his verdict. Unlike Ms Knox and Mr Sollecito, Guede… opted for a “fast track” trial in the hope of a reduced sentence.

Judge Micheli was also the pre-trial judge who in October said there was enough evidence against Ms Knox and Mr Sollecito for them to be sent for trial. The prosecution alleges that Guede tried to sexually assault Ms Kercher while Mr Sollecito held her down and Ms Knox toyed with a knife against her throat, which she then used to stab her. Judge Micheli said he accepted that there was “complicity” between the assailants, but said some aspects of the prosecution reconstruction were “fantasy”.

Reconstructing the crime in his 106-page report, Judge Micheli said the first blow was struck at Ms Kercher while she was standing up. He said she was killed because she refused to take part in a sexual game which “escalated into violence and got out of control”.

Judge Micheli said Guede was “a liar” and there were “no extenuating circumstances”. “Even someone who wanted to believe him would find it impossible,” the judge wrote. He added: “It is credible that Guede entered the house because he was let into it by someone else, and that someone could only be Amanda Knox.”

He said there had been an “agreed plan” to satisfy “sexual instincts” which ended in “murderous intent”. Guede had continued to try to assault Ms Kercher sexually even when a knife was produced and even when the knife “sank deeper into her neck” the judge said. Guede had not completed the sexual act only because of Ms Kercher’s “screams of pain and fear”.

The prosecution in the trial of Ms Knox and Mr Sollecito alleges that Ms Knox arranged for Guede, who had made clear that he was attracted to Ms Kercher and wanted to have sex with her, to come to the cottage when she knew her flatmate was there.

Judge Micheli said the statements Guede, who fled to Germany after the murder, had made following his arrest and extradition to Italy were “nothing more than a colossal accumulation of contradictions and attempts to throw investigators off the track”.

In his haste to flee, Guede had bumped into a couple near the cottage who had testified to police, the judge said. Ms Knox and Mr Sollecito meanwhile had been seen at a square above the cottage by a homeless man, and apparently waited there “to see if police arrived”, the judge said.

He said that because of “complicity” between the three, Guede had “never once mentioned the name Amanda” until late into the inquiry, when he said he had heard Ms Knox’s voice at the door and seen a man “resembling” Mr Sollecito….

Judge Micheli said Guede had had “no intention of saving” Ms Kercher’s life as she lay bleeding to death. He noted that neighbours had testified that they clearly heard a woman screaming in agony inside the cottage late at night.

In his defence Guede had claimed that he was in the bathroom with stomach pains when Ms Kercher was murdered. The judge said this was untrue.

So it seems Meredith was set-up. Tortured. Stabbed, many times. And abandoned. Walked out on, when she still could have been saved. Savagery incarnate.

Poor Meredith. Poor poor Meredith. How very much sadness you evoke.

Wednesday, January 21, 2009

Is The “Mignini Has Framed Them” Meme Now Fading?

Posted by Peter Quennell

[click for larger image]

Looks to us like it might be a strong case.

Perhaps easy to challenge the bits and pieces of the evidence. Perhaps harder now to challenge the sum of the whole.

The whack-a-mole problem.

And if Rudy Guede mounts the stand to tell all (he is to be an early witness, and wants time off his 30 years) and if Rudy’s tale cannot be seriously shaken by the defenses ...

Well, as the lead judge observed, this trial might be over by summer.

In Italy, the notion that Prosecutor Mignini somehow invented or twisted the facts of the crime to frame two of the defendants never really seemed to catch fire.

The problems with this notion are that there were too many professionals involved, the case has had to pass through too many judicial hoops, and there now seems an awful lot of evidence needing serious addressing.

Maverick Rome-based Peter Popham of The Independent (new image above - he looks better!) has seemed to be the lone media holdout for the Mignini-invented-it point of view.

But even Mr Popham is now sounding as if he’s in the dispiriting early phases of a U-turn.

This is from a skeptical piece of his just recently posted:

... how did Mr Mignini discover these salacious details? Through confessions, witness accounts, tapped telephones? Was there a video camera or tape recorder running throughout? None of the above.

None of the three accused has dropped even a hint that they were involved in an orgy, no party trash was discovered, nobody was peeking through the windows. The account seems to have emerged fully formed from the prosecutor’s imagination.

But this is from a more jaded piece also just posted.

Where did they actually pass the night, and doing what? Why did they make a start on cleaning up the murder scene next morning, and why didn’t they call the police? Amanda Knox will have to do a lot more than smile if she wants to go home.

As we mentioned yesterday, Mr Popham’s first piece above was strongly challenged by a commenter - a lawyer in the UK, who actually knew Meredith in person.

Comment by Liam O’Huigin

Title: Peter Popham: Legal Genius

“Knox and Raffaele Sollecito are on trial because Meredith Kercher died horribly, and they gave conflicting accounts of what they were doing at the time and behaved suspiciously the next day.”

Yeah, right. And I suppose everything else the Independent has reported about the pair since November 2007 has come fully formed from the brains of its journalists without the benefit of corroboration from the pair.

Before we take up Mr Popham’s invitation to consider Knox and Sollecito to be whiter than the driven snow, let’s remember, inter alia, that Knox implicated a man who could prove that he was not at the crime scene at the relevant time, that they have given a number of inconsistent accounts of their own whereabouts and activities, that the pair have fallen out between themselves, and that DNA evidence was recovered strongly suggesting their presence. If a prosecutor failed to bring a case against them, people would rightly think that some sort of cover-up was in place.

If it was Mr Popham’s daughter who was the victim of this crime, I doubt he’d be writing about the case in such a lofty and detached tone. I happen to have known Meredith, and I also happen to be a lawyer. I would be outraged if the Italians had not taken matters this far in the light of what we have so far read about the case. And unless the defence manages to produce something very special during the course of the trial I know what verdict I expect to be brought in….

Mr Popham commits an interesting Freudian slip in this article, which shows where his sympathies lie. He talks of the “three” accused, by which I assume he is including Rudy Guede: the latter is no longer an accused, having been convicted of the murder and sentenced to thirty years.

He is therefore correctly described as a murderer, or a criminal or a convict. Why does Mr Popham find that hard to do?

None of Mr Popham’s commenters, in fact, are still buying the fading “invented and framed” line. And we would REALLY like to see more of Meredith’s friends now speaking up.

Write to us, or for us, if you want to win one for her.

Sunday, January 18, 2009

Trial: The UK Sunday Times Reports The Prosecutions’ Possible Scenario of The Crime

Posted by Peter Quennell

Excerpts from the report by John Follain in Perugia.

Meredith was “Softened up for Fatal Sex Game”

Prosecutors allege that Amanda Knox instigated an ‘erotic game’ with her housemate and became violent when she resisted. Amanda Knox says she is glad ‘the hour of truth’ has arrived. She denies killing Meredith Kercher

New details about a sex game that allegedly led to the murder of Meredith Kercher, the British exchange student, have been revealed by an Italian prosecutor.

Giuliano Mignini, the official leading the case, alleges that Amanda Knox, Kercher’s American housemate, instigated the “erotic game” and probably persuaded an accomplice into “softening up” the 21-year-old Briton.

Reconstructing the student’s final moments, Mignini alleges that Kercher’s killers became “incensed and violent” after she resisted their advances….

Mignini gave his account of the murder at committal hearings which were closed to the public. However, details of his reconstruction will appear in a book called Meredith: Lights and Shadows in Perugia.

It is written by Vincenzo Maria Mastronardi, a forensic psychiatrist, and Giuseppe Castellini, editor of the Giornale dell Umbria newspaper, and will be published this week.

Mignini said Kercher, from Coulsdon, Surrey, was likely to have been irritated with Knox for allegedly bringing Sollecito and Guede to the cottage the young women shared late on the night of the murder in November 2007.

Knox, whom Guede was always trying to please, probably pushed him into “softening up” the English girl and preparing her for the erotic “game” . . . while Knox “dedicated” herself to Sollecito, said Mignini.

And when Guede failed because of energetic resistance by the victim, the three became incensed and violent.

They grabbed Kercher by the neck and tried to strangle her. Sollecito grabbed her violently in the back and on a breast, deforming her bra clasp and then they finished her off with the violent knife stab to the left part of the neck. Kercher gave a last desperate scream, which was heard by [a neighbour].

The prosecutor said that just before the final blow, Kercher suffered a cut to the right hand as she tried to free herself and pushed away the knife which Knox allegedly held.

A minute after the last stab wound, the three allegedly fled the cottage, with Knox and Sollecito returning later to stage a fake robbery by breaking a window, said Mignini.

The prosecutor singled out the placing of a duvet over Kercher’s body as “extremely important from a psychological point of view”. He argued it indicated pity and respect for the victim: “Amanda, especially as a woman, couldnt bear that naked, torn female cadaver.”

Both Knox and Sollecito insist they were at his home on the night of the murder. Their defence teams dispute DNA evidence linking Knox to a knife, which investigators say may be the murder weapon, and Sollecito to Kercher’s bra clasp.

Last week Knox told her lawyer Luciano Ghirga: “At last the hour of truth has arrived. I’m not afraid. I hope that the whole truth will come out because I’ve always been a friend of Meredith’s and I didn’t kill her.”

However, Mignini alleges that on the morning after the murder Knox tried to delay the body’s discovery by telling other housemates that it was normal for Kercher’s bedroom to be locked.

When the door was kicked down, Knox and Sollecito were too far away to see into the room, where Kercher’s half-naked body lay on the floor under a beige duvet, according to witnesses quoted by Mignini at the committal hearings last October.

“When those present go outside after the body is found, Knox and Sollecito are also outside, intent on kissing and caressing each other, as they did subsequently during police searches.”

“A very strange way of behaving which started the very moment the victim’s body was found . . . and at a time when all the other young people were literally overwhelmed by that discovery” said Mignini.

Sunday, December 28, 2008

New Pressure Now On Rudy Guede To Start Talking? EDIT

Posted by Peter Quennell

[click above for Guede profile]

There’s a new report in the Italian press that Guede is apparently now transferred to the sex offenders wing of the prison mentioned below.

It seems that sex offenders are not great favorites among the other prisoners, so the point of such a move might be to protect him rather than to give him an additionally hard time.

Or could this be more pressure on him to start talking? Guede seems to have made remarks to his lawyer in the last several days intended to convey to the Kerchers that he is sad for them at what happened.

Prosecutor Mignini has a reputation among people who actually know him and regard him with respect for above all wanting justice and closure for the families of victims.

And for wanting to know precisely what happened. He is not really known for being among the most vengeful of prosecutors, or for seeking particularly harsh sentences.

If Mr Mignini is not having periodic chats about what is best for Meredith’s family with the Kerchers’ lawyer Mr Maresca, it would be uncharacteristic of him.

Closure for some victims’ families can be above all a matter of knowing what happened and why, and of hearing some real contrition from the perp or the perps.

Mr Mignini seems to us just right for this kind of outcome, and the Kerchers have several times seemed to suggest that they think so, too.

May the whipsawing, if that is what it is, please continue…

Saturday, December 27, 2008

Where The Convicted Perp And The Defendants Are Now

Posted by Peter Quennell

About one hour’s drive apart.

Not that they are doing too much driving these days, of course. Due to present circumstances.

Italy’s prison system is among the more innovative in terms of the rehabilitation of prisoners. If they need one, prisoners get taught a trade skill before they bounce back into society.

So Rudy Guede, along with (if convicted) Amanda Knox and (if convicted) Raffaele Sollecito, could re-enter society as champion pizza makers.

That’ll be the very good European pizzas, of course. The wonderful Four Seasons for example. With artichokes.

That could go over very well in mid-century Seattle.

And this structure below is? Answer is below the shot.

The solar heating on Terni prison. This was the first solar heating on prisons in Italy. It would seem that Sollecito is the most snug of the three.

At least in the summer, when the sun shines the most.

Wednesday, December 17, 2008

Perugia: The Jury Selection Has Now Begun

Posted by Peter Quennell

The evidence in the Knox/Sollecito trial starting 16 January will be heard by two judges, six jury members, and six jury alternates.

The Italian media are reporting that Judge Giancarlo Massei has now narrowed the jury pool down to 50 names.

From these 50 he will select the final twelve next week. For what promises to be a 2-to-3 day task, each month, over a number of months.

Will their names become known around Perugia? We’ll see. But preferably not.

Friday, December 05, 2008

Formal Kercher Request That Trial Be Behind Closed Doors

Posted by Peter Quennell

The Kercher family have now formally filed the request that the trial of Knox and Sollecito be held behind closed doors.

The Kerchers’ request was filed by their extremely capable court-appointed lawyer, Francesco Maresca, with the Court of Assizes in Perugia.

The Court will announce its decision on this at the first, public, session of the Knox/Sollecito trial on 16 January.

The trial of Rudy Guede - which was also behind closed doors - largely hinged on evidence from Meredith’s bedroom and from her autopsy.

That evidence was said to have been extremely disturbing to many inside the court-room, and resulted in Guede’s very stiff 30-year sentence.

If the evidence not yet in the public domain really is as sickening as is rumored, it is hard to see the defense teams resisting the request.

And the Italian system hardly needs to prove publicly its extreme caution, carefulness, and fairness. Despite some absurd claims to the contrary.