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: Various timelines
Saturday, April 25, 2009
Explaining The Italian Theory Of The Attack That Is Being Lost In Translation
Posted by Arnold_Layne
At the trial, Gioia Brocci from the forensic department in Rome just told the court that Knox had reacted visibly when taken into the house’s kitchen after the murder.
She said: “˜‘A drawer with cutlery in it was opened, and I remember that Knox started to tremble, she closed her eyes and put her hands over her ears…. She reacted in such a way that she had to be escorted out of the room and taken into the corridor by the officers from the Perugia Flying Squad who were with her.’‘
Here is one explanation that extends from that testimony. It is in sharp contrast to “A Drug-Fuelled Extreme-Sex Game Gone Awry” which definitely is not what Italians are hearing.
This scenario leads to the inference that it starts as something of a pre-intended taunting and hazing led by an angry Knox intent on payback. It does not start as a preconceived murder because there seems no preparation for a premeditated murder.
When Knox and Sollecito arrive at the cottage, they bring a jackknife and a kitchen knife. The kitchen knife may be wrapped in paper and carried in Knox’s handbag. When they arrive, Sollecito perhaps puts the large knife someplace inconspicuous but handy.
That place could of course be the knife drawer in the kitchen that Knox later reacted to.
They have collected Guede in the park, Knox lets him in, and the Treacherous Trio is complete. They gather with Meredith in the place where most people welcoming their guests congregate, the kitchen. They may even munch on some mushrooms.
At some point, whatever has been worked out with Guede ahead of time is initiated. What some might regard as BDSM, others, like me, consider more along the lines of aggregated sexual assault and battery with a deadly weapon.
Knox retrieves the kitchen knife from the drawer. She uses it as an extremely threatening weapon, to intimidate Meredith. Sollecito and Guede physically restrain her while Guede sexually assaults her. Possibly Knox directs Sollecito to physically assault her with the small knife to make her be more compliant.
Meredith is anything but compliant, fights back, and pleads with them.
This leads to the jackknife wounds to her neck and eventually to her being strangled. Meredith Kercher does not go gently into that good night. She fights her way back up to her feet, and she screams.
This perhaps is when Knox delivers the fatal blow to her neck with the kitchen knife, to stop her screaming and getting away to seek help.
They then drag her to her room and lock the door. At this point, Guede grabs some toilet paper to clean the blood off himself, and they flee. Rudy goes dancing, and the Deadly Duo go to the park till the way is clear for a clean-up.
Knox and Sollecito return after the broken-down car is removed, arrange the bedroom leaving the bra clasp, stage the break-in, and clean the rooms where they had been. They have not been in the bedroom very much so this is left pretty much alone.
They cleanse the kitchen of all DNA and fingerprints and perhaps bring more bleach when the Conad store opens in the morning.
Until Amanda Knox pulls the kitchen knife from the drawer, each of them, Guede, Sollecito, and Knox are acting as individuals with their consciences and moral upbringing intact.
When the knife comes out, they become something else, and the group becomes responsible for what happens, not each themselves.
Is it possible that the reason they are being so tight-lipped is that if any one of them identifies the other’s actions, then that person would have to accept responsibility for what he or she also actually did do?
Does it stay a group action only if the group remains intact?
Thursday, April 16, 2009
Our Best Shot At Making Amanda Knox’s Timeline Alibi Mesh With 4 November Email
Posted by FinnMacCool
1. Circumstance Of The Knox Email
Amanda Knox’s first encounters with police and other witnesses the day after go to the very heart of her credibility.
On Sunday 4 November 2007 Amanda Knox wrote an email to a student welfare officer at the University of Washington in Seattle.
Knox related what she said had happened at the house on Friday the 2nd before the communication police arrived to establish why Meredith’s two mobile phones were tossed into a garden a kilometer away.
This email was written while Amanda was alone and under no pressure.
Copies went to various relatives and friends. For many of her supporters, it represents the essential truth of what happened, before Amanda was interrogated by the police and began changing her story.
This analysis covers the period from noon to a quarter past one on the Friday, the day that Meredith Kercher’s murder was discovered.
It compares the claims in the email with cellphone records for Amanda Knox and Raffaele Sollecito for the period.
2. Contents Of The Email
According to the email, Amanda and Raffaele were initially at Raffaele’s apartment at noon on November 2nd.
The email describes how Amanda spoke with Filomena Romanelli and then tried to reach Meredith Kercher by phone.
It then explains that Amanda and Raffaele returned to the cottage, where they found evidence of a break-in, alongside some bloodstains which Amanda had already noticed.
They also observed that Meredith’s door was locked. After they tried and failed to break down this door, they phoned the police.
After that, Amanda claims she called Filomena once again, who said she would return to the cottage.
Problem: cellphone records do not support this story, and nor do the police.
Two police officers arrived at the cottage to investigate Meredith’s two phones, which had been found in a neighbor’s garden. The police claim they arrived at 12:25, and video evidence appears to support this.
Amanda and Raffaele dispute the video evidence. They claim that the police arrived much later, after the call to the emergency services which Raffaele made at 12:55.
Below, we look first at the scenario described by Amanda, followed by the scenario described by the police, with a view to determining what really happened in that crucial hour between noon and one.
3. First scenario: Knox a/c essentially true, police a/c essentially inaccurate
If we assume that the police are basically incorrect, and that Amanda Knox’s email is basically correct, in their respective rememberings of what happened on November 2 between noon and 1315, that leaves us with several puzzling questions. Here are some of them:
1. Where was Amanda at 1208?
At 1208, Amanda calls Filomena. Amanda claims that she made this call from Raffaele’s house.
However, in his prison diary, Raffaele describes the same conversation as taking place at the cottage.
Filomena says that Amanda explained, in that conversation, that she was at the cottage, and was on her way to fetch Raffaele.
2. Why didn’t Amanda call Raffaele?
Even though Amanda claims to have walked alone to the cottage, and to have been concerned enough about the bloodstains to want to bring Raffaele to have a look at them, she never attempted to phone Raffaele at all during the whole of that morning.
3. Why did Amanda stop calling Meredith’s phones?
Amanda first tried calling Meredith’s Italian phone at 12:07. At 12:08 she calls Filomena, who advises her to try Meredith’s phones. She doesn’t tell Filomena that she tried the UK phone just a minute ago (nor does she mention this in her email).
In the email, Amanda says she called Meredith’s phones after speaking to Filomena ““ cellphone records support this claim. But she also says that the Italian phone “just kept ringing, no answer”.
Her cellphone records show this call lasted just three seconds, and the call to the UK phone lasted just four seconds. (The WeAnswer Call service, which prides itself on how quickly it answers its customers’ calls, boasts that their average speed-of-answer is 5.5 seconds.)
Next, Amanda claims that she returns to the cottage with Raffaele.
But why doesn’t she try Meredith’s phones again? If the Italian phone was going to continually ring again ““ even for just three seconds ““ she’d now be able to hear it through the bedroom door (assuming Meredith had it with her).
But this doesn’t seem to have occurred to either Amanda or Raffaele.
4. Why didn’t Amanda call Filomena back?
In the 12:08 call, Amanda told Filomena she would try Meredith’s phones and then call her back.
In the email, Amanda claims that she called Filomena back three quarters of an hour later ““ after Raffaele’s finished calling the police at 12:55.
But cellphone records show that Amanda never called Filomena back at all.
On the other hand, Filomena DOES call Amanda back ““ at 12:12 and 12:20. It’s not clear whether Filomena receives an answer to these calls, or simply leaves a message ““ certainly, Amanda’s email makes no mention of having received these calls.
Then Filomena tries a third time, at 12:34, which is when Amanda tells her that Filomena’s own room has been broken into.
5. Why doesn’t Amanda mention that she called her mother in Seattle?
Her cellphone records also show that Amanda called her mother at 12:47 ““ but she makes no mention of this call in her email.
Edda Mellas claims that she told Amanda to hang up and call the police ““ but Amanda makes no mention of this advice in describing their decision to call the police.
The email describes the decision to call the police as something between herself and Raffaele, after she had tried to see through Meredith’s window, and after Raffaele had tried to break down Meredith’s door.
But in the ten minutes before Raffaele calls his sister (an officer in the carabinieri), Raffaele has received a call from his father (at 12:40:03) and Amanda has made a call to her mother (at 12:47:23) ““ neither of which calls is mentioned in the email.
Raffaele’s sister gives him the same advice that Edda Mellas gave Amanda: hang up and call the cops.
6. How can the tour of the cottage and the arrivals of first Marco and Luca, and then of Filomena and Paola, all take place between 12:55 and 13:00?
Raffaele makes the successful emergency call (lasting nearly a minute) at 12:54:39.
Meredith’s UK phone is activated at Police HQ at 13:00 ““ as part of a conversation which the postal police at the cottage are having about that phone with staff at HQ.
This conversation mentions Filomena’s arrival, and the information she’s given them about it being a UK phone.
This means that we need to fit the following activities into those five minutes, if Amanda’s email is to be believed:
- The postal police arrive later than 12:55
- Amanda and Raffaele give them a tour of the cottage, including the suspected break-in and the bloodstains in the bathroom
- Amanda writes down Meredith’s phone numbers for them, on a post-it note which Luca Altieri notices on the kitchen table when he arrives
- Marco and Luca arrive (and they see the post-it note) and have a conversation with the police about the ownership of the phones
- A few minutes later, Filomena and Paola Grande arrive. Filomena explains to the police about Meredith’s phones (one lent by Filomena, and the other a UK phone)
- The postal police make contact with their HQ
- During this call, Meredith’s phone is activated (at 13:00)
In addition, at some point, Paola sees Raffaele and Amanda emerging from Amanda’s bedroom ““ but it’s not clear whether this happened before or after 13:00. It could have been after.
But even if we move this emergence from the bedroom to after 1300, there simply isn’t enough time for all those other activities to take place in a period of less than five minutes.
4. Second scenario: police a/c basically accurate, Amanda Knox a/cs essentially untrue
Let us take the opposite scenario, and assume that the police are basically correct, and that Amanda Knox’s email is basically incorrect.
This then provides us with answers to those puzzles above, and also fills in some of the gaps that were otherwise missing from the timeline.
We also find that this new timeline is supported by evidence from other witnesses.
1. Where was Amanda at 12:08?
Amanda was at the cottage, and so was Raffaele.
Amanda was not telling the truth when she said she was going to fetch Raffaele ““ since Raffaele was in the room with her when she made the call.
This matches with the versions of both Filomena and Raffaele, who both believed that the call was made from the cottage.
2. Why didn’t Amanda call Raffaele?
Amanda never called Raffaele that morning because they were with each other the whole time ““ just as they continued to be with each other every moment until their arrest (except when separated for interrogations).
3. Why did Amanda stop calling Meredith’s phones?
Amanda called from the cottage in the first place, so there is no longer a question of why she called Meredith only from Raffaele’s apartment.
Also, she allowed the phone to ring only for three or four seconds because she knew that Meredith would not (and could not) pick up ““ she knew Meredith was dead.
The purpose of making these calls was simply for them to appear on her own cellphone record, to help construct an attempted alibi.
4. Why didn’t Amanda call Filomena back?
This question can be answered if we accept the hypothesis that Amanda’s intention was for Meredith’s body to be discovered by Filomena and/or Filomena’s friends.
When the police found the couple outside the property “waiting”, they were really waiting for the one living person that they had called that morning ““ Filomena.
Amanda ignores the calls at 12:12 and 12:20 because she wants Filomena to arrive at the cottage and to be the one who makes the “discoveries” of the break-in, and the locked bedroom.
So that when Filomena arrived at the cottage, Amanda and Raffaele (at the front of the house) could have said, “Oh, we decided to wait for you. Let’s go in together.”
However, Amanda answers Filomena’s 12:34 call because the police are already at the cottage and have already discovered the alleged break-in.
So now Amanda needs Filomena to arrive as quickly as possible ““ and at this point she tells Filomena about the break-in and the locked door.
Unfortunately for Amanda, however, Filomena decides to call Marco and get himself and Luca to go there first ““ knowing that they will be able to reach the cottage much more quickly.
Amanda tries to delay the breaking open of the room by telling the police, and by telling Luca, that it’s normal for Meredith to lock her own door.
She does this because, when it comes to the breaking down of the door, they want the others to be the first ones on the scene - and we can see that when the door is broken down for real, Amanda and Raffaele withdraw to the kitchen.
Unfortunately for Amanda, however, she can’t resist boasting later to Meredith’s English friends that she herself was the first on the scene.
5. Why doesn’t Amanda mention that she called her mother in Seattle?
Amanda’s email is essentially fictional.
The police arrived around 12:30, which is when they said, and this is corroborated by the CCTV evidence from the car park (timed at 12:25).
So the police have been in the cottage for about a quarter of an hour when Amanda calls her mother.
Amanda is first called away from the police to answer Filomena’s 12:34 call, just as Raffaele is called away a few minutes later to answer a call from his father at 12:40.
However, it is not until the arrival of Marco and Luca that they are able to escape to the privacy of Amanda’s bedroom, where they make the phone calls first to Amanda’s mother, then to Raffaele’s sister, and then the two calls to the police.
Notice that Edda and Raffaele’s sister both give the same advice: Hang up and call the police. And that’s exactly what they do, in fact.
However, in trying to create a fictional backdrop for making the emergency calls, Amanda forgets that she’s already called her mother.
Now she tries to explain that she and Raffaele called the police because of their panic over the locked room ““ panic which seems not to exist when Amanda is telling Luca that Meredith usually locks her door.
(Notice that in this version, we don’t need to believe that nobody can understand what Amanda says.)
After making these calls, Amanda and Raffaele emerge from the bedroom, as described by Paola Grande.
Paola’s memory of arriving at the cottage just before one is supported by the activation of Meredith’s cellphone at 1300.
6. How can the tour of the cottage and the arrivals of first Marco and Luca, and then of Filomena and Paola, all take place between 12:55 and 13:00?
It doesn’t. The tour of the cottage takes a more realistic fifteen minutes (roughly 12:30 to 12:45).
The police spend ten minutes talking to Luca and Marco about the phones, and about the suspected break-in, and so on (roughly 12:46 to 12:55), while they await the arrival of Filomena and Paola.
The girls arrive shortly before one, as the girls said, and as the phone records support, and explain the situation of the phones to the police (roughly 12:56 to 13:00).
There follows another fifteen minute examination of the house, culminating in the breaking down of the door by Luca Altieri at 13:15.
5. The Bottom Line
This second version may or may not be accurate, but at least it is supported by external evidence, not contradicted by it.
It is easy to see why Judge Micheli’s report found that the cellphone records do not support Raffaele Sollecito’s claim to have called the flying squad before the postal police arrived.
It is also easy to see why these timings undermine other stories told by the two defendants ““ such as Amanda’s December 2007 claim that she thought the postal police were in fact the police that Raffaele had just called.
Such a claim is absurd, given that Battistelli contacts HQ with a status report less than five minutes after Raffaele’s 112 call was made.
The bottom line is that this does not look promising for Amanda Knox.
Tuesday, March 31, 2009
What Could Well Have Happened On The Night: Killers Attack Meredith 10.13-10.30 PM
Posted by Brian S
[click for larger image]
[above: the main piazza in the old city, about the time in question]
1. Deep Dive Into Micheli Report
Five months to the day today since Judge Micheli handed Guede his 30 years and Knox and Sollecito their go-straight-to-trial cards.
And about two months since Judge Micheli released his 106-page report with a scenario of what most probably happened on the night.
He seemed in no doubt whatever that Meredith had been attacked by three people, and that there had been a major attempt to rearrange the crime scene soon after.
Now we have the benefit of the testimony of a number of witnesses which Judge Micheli did not get to hear, because of the short-form trial, but which he would have got to read, because their statements are in the 10,000-plus pages of evidence prepared by the prosecution.
Here is one possible scenario which takes into account what has been reported from court in the period of the past few weeks.
1. Probable Timing Of The Attack
Meredith’s aborted phone calls, possibly for help, were reported to have happened just after 10pm.
Sometime just after 10:30pm a car containing four visitors from Rome broke down outside the driveway and gate to Meredith’s house on Via della Pergola. A dark colored car was noticed in the driveway.
The driver of the car called the breakdown truck at about 10:40pm, and the mechanic arrived 15 or 20 minutes later. He said he was not there long, and the five people involved were perhaps on their way by around 11:15pm.
This seems to prove that Meredith was not murdered in the period between sometime just after 10:30 and 11:15pm
Someone running up the stone steps above the intersection bumped into witness Ms Formica’s boyfriend around 10:30pm. Ms Formica didn’t hear any scream. Shortly after that she saw the car that had broken down.
The car occupants did not hear any scream, or see anyone run away (it is known they were traced and questioned). Rudy Guede himself has claimed “he ran from the house around 10:30pm, not many minutes after the killers had fled”.
It seems witness Nara Capezzali, the neighbor up above, was not too confident of the time she heard the scream and the running feet. Perhaps her diuretic had its effect sometime just before 10:30pm.
She and other witnesses heard a very long, loud, terrified scream. Less than a minute later 2 or 3 people were heard running away in different directions.
The scenario this suggests is that Meredith was struggling with her attackers from around the time of her aborted call at 10:13pm until sometime just before 10:30pm.
2. Probable Blow By Blow Of Attack
The report suggests someone had a hand over Meredith’s mouth, people were holding her arms, and she was struggling as the assault took place. She was being verbally threatened and she was being stabbed with a knife.
Suddenly, Meredith got her mouth free, and she let out that “blood curdling” scream that Ms Capezzali described. It seems unlikely that the final stab had been made to her throat before that moment, else she wouldn’t have obtained the volume to be heard by those in the surrounding houses.
However, it may have been this scream which caused the killer to silence her with the final thrust of the knife. Her attackers would expect that that cry would have been heard by anyone up on the street or in the parking facility or the houses above who was still up and about at that time of night.
They stabbed Meredith, and then they ran.
3. Probable Events After The Attack
Shortly after they disappear from the cottage, a car breaks down just outside. The driver calls for help just around the time that Meredith breathes her last.
Any of the killers who may want to return to the cottage will have to wait until that broken down car has gone. The dark car remains trapped in the driveway.
Meanwhile, up in Piazza Grimana, Antonio Curatolo sits reading his paper. He sees Sollecito and Knox come into the square, apparently from the direction of Via Pinturicchio above the park.
It’s not the first time he has seen them that night. He first saw them at around 9:30.
It’s now after 10:30pm. He observes them go over to the railings several time and look down towards the cottage at Via Della Pergola.
What do they see?
A broken down car right is sitting outside the cottage gates which was soon to be attended by a breakdown truck. The mechanic stated that the car was located just before the parking lot entrance, so he had a clear view of the entrance to the house as he worked practically across the street from the gate.
No-one could get back to the cottage or retrieve their car from the driveway until after 11:15pm, by which time the broken down car had been fixed and the people involved had gone from the scene.
Sollecito and Knox may have left the park around 11:00 to 11:30 pm. Mr Curatolo then went to the railings himself to see what they’d been looking at.
Next, he said he saw Sollecito and Knox return, and he put the time of this at just before midnight for sur
e. After midnight, he left the piazza to go to the park and sleep.
2. Pivotal Importance Of What Curatolo Saw
Antonio Curatolo is a very dangerous witness for Sollecito and Knox. He seems to be as sharp as they come.
Mr Curatolo knew both Knox and Sollecito by sight from watching them come and go through the piazza over the preceding weeks, though this was “the first time he had seen them together… like a couple’”.
He fixes his exact memory of the night for his evidence to the police presence and news of the murder the following day. Unlike Knox and Sollecito, he can remember exactly what happened on the night of 1st November.
He knows where he was. And he knows who and what he saw from his front-row park bench.
The suggestion here for the moment, then, is that Meredith really was struggling with her attackers from around the time of her aborted call at 10:13pm until sometime just before 10:30pm.
Thursday, March 19, 2009
What Are The Judges And Jury Now Thinking? The Current Position Of AK And RS
Posted by Brian S
When nothing else works, the mantra again becomes “I simply don’t remember”.
Attempts have been made at various alibis, but as each of them fall flat or collide, the fall-back position becomes one of blackouts on the night.
I view this with complete disbelief.
Although I was only a teenager at the time, I can remember exactly where I was and who I was with when somebody came into the room and said JFK had been shot.
I can remember where I was and who I was with when I watched on TV as a man first walked on the moon.
I can remember the business phone conversations I had on the afternoon (UK time) the World Trade Centre came down.
Because I can remember those “surreal” conversations, I can recall all the details of a work project in which I was involved in the days immediately preceding and following. I can even remember the pub lunch I had on the Sunday before, and the content of the casual conversations I had with colleagues after we finished the weekend portion of that same project. That was nearly eight years ago.
I can remember all of the details of some of the more traumatic or major events which have occurred in my own life.
I just can’t believe that RS and Ak can’t remember what they did the night Meredith was killed - even if they really are innocent, and didn’t find out about the murder until the next day.
Traumatic and other major events “fix the memory” pretty well forever. I can still remember much of my first day at school.
If AK and RS were “so far out of it” they can’t remember what they did on November 1st, then they can no more remember they didn’t kill Meredith than they can remember that they did.
Many people, even those innocent, may be tempted to “create a simple alibi” when first interviewed by the police. Especially if they have to admit to something like “we spent the night at home smoking cannabis” or they spent the night with the partner of their best friend.
And then in face of any contrary, damning facts, they usually suddenly grow a brain.
Let’s walk through what happened inb this case.
At their very first questioning, on the day after the murder, RS and AK said they wandered around town and then went to a party.
Within 3 days the police knew this wasn’t true, because of a trace on Raffaele’s phone movements. And so on November 5th, they called him back in to explain the anomaly.
They didn’t request Amanda’s attendance as well but she went along with Raffaele anyway.
It’s at this time that most innocent people will admit that they had lied earlier, as they don’t want to dig themselves in any deeper. They make their excuses now, and admit to what they were really doing.
Raffaele did now tell the police that his earlier story “was a load of rubbish he made up because he didn’t realise the inconsistencies in what Amanda had said”.
But he now said that he was home alone, doing things on his computer from sometime around 9:00pm when “Amanda went out to meet friends at Le Chic”. And that she didn’t come back until sometime around 1:00am.
As Amanda had conveniently made herself available at the police station with Raffaele, the investigators now asked her for her version of the evening too.
Faced with the removal of Raffaele’s alibi for her, and his saying that she went out to Le Chic (plus the admittedly misunderstood text message “see you later”) she now came up with the story “Patrick killed Meredith, and I was in the kitchen, with my hands over my ears”.
Over the following days, Amanda slowly withdrew from her accusation against Patrick and, following witness evidence which proved he was at Le Chic, came up with the third story that “Raffaele may say I went out, but that’s wrong. I did spend the evening with him.”
Unfortunately for her, Raffaele continued to maintain his story that he was home alone on his computer, and that Amanda went out, right through the stages of his appeals up to the appeal made to the Supreme Court last March, where he claimed that “the evidence against Amanda is being arbitrarily used against me on the erroneous assumption that we spent the evening together”.
To this day, Raffaele has not changed this assertion, nor provided any new version for the trial.
Currently, the judges and jury will know of the claims that Amanda says she was at home all evening with Raffaele. And that Raffaele says that he was at home alone and Amanda went out at around 9:00pm.
The judges and jury will understand that their current stories are conflicting, and that one or both can’t be true.
Two prongs of Raffaele’s alibi have already failed.
1) Evidence at the pre-trial proved that the mobile-phone tower which picked up the aborted call to Meredith’s bank proved nothing about the location of Meredith’s phones at the time the call happened.
2) Evidence already presented at the trial has proven that Raffaele did not use his computer past 9:10pm on the night Meredith was killed, and that statements made by both Amanda and Raffaele that they didn’t rise until approximately 10:30am the following morning have also been demonstrated as untrue. One or both of them played music on the computer at approximately 5:30am.
The evidence produced to date hasn’t proven that AK and RS killed Meredith, but it’s proven beyond any doubt that both AK and RS have been lying, and that their stories for the time in question don’t match.
Whatever else they may say now at the trial, can the judges and jury (or we the public) actually be expected to believe it?
Who will believe Raffaele now if he changes his story, for example to say that, yes, he really was at home with Amanda, and not on his computer that evening? That he’s now changed his mind, and actually Amanda didn’t go out to meet friends at Le Chic?
Why should anyone believe a word he says? Who could believe he’s suddenly recovered his memory and not just invented another story to fit with the changed circumstances in which he finds himself?
His credibility looks to be toast.
And who will believe another word from Amanda, if the external enquiry concludes that the police really didn’t hit her, and she is faced with a second charge of slander?
Remember Mignini acted instantly to ask for that inquiry when Amanda made her accusation in court. Assuming that tapes and records of her interview exist, and he knows full well what they will reveal.
Her credibility too looks to be toast.
So. What now? More statement somersaults? More mental fog?
Enjoy the show, judges, and jury.
Wednesday, February 25, 2009
Understanding Micheli #4: The Faked Crime Scene - Who Returned To Move Meredith?
Posted by Brian S
Here now is the full 2011 Micheli Report kindly translated by Catnip for the Wiki and TJMK.
1. Where We Stand
Just to recap. Judge Micheli presided over Rudy Guede’s trial and sentencing and the final hearing that committed Raffaele Sollecito and Amanda Knox to trial.
Late January he made public the 106-page report that explains the thinking behind both actions. These posts are examining key areas of the report so that we too may decide on the rationales.
2. The Final Position Of The Body
Why this matters so much is that if the evidence holds firm, all by itself it will prove that there was a major rearrangement of the crime scene, to try to throw investigators off the trail.
This is as near to an 80,000 pound gorilla in the room as we are likely to see in this trial. And it may even be on the trial agenda for this coming Friday and Saturday.
Reports by the crime-scene investigators and Dr Lalli are summarised in Judge Micheli’s report. They describe the detail of the scene discovered in Meredith’s room. The investigators measured and photographed the position and state of everything, including blood, as it was in the room before anything was moved.
Amongst the items noted was a white bra. Some parts were soaked in blood, particularly the right shoulder strap and the outside of the left cup. They also noted that a portion of the backstrap with its clasp fixings was missing. Meredith herself was lying on her back midway between the wardrobe and the bed, without her jeans, a pillow under her buttocks and her top rolled up to reveal her chest.
Following this survey, Meredith’s body was then turned and moved by the investigators. This revealed the other items on which her body had lain. A tennis shoe, a white sheet from the bed and a blue zipped top, all with blood stains. Also a green bath towel and an ivory bath towel, both soaked in blood, and underneath the pillow was the missing clasp section of the bra back-strap.
Judge Micheli notes that Amanda’s defence claimed that “the small round spots of blood” apparent on Meredith’s chest indicated that she was not wearing her bra when she was killed. He agreed that it was likely that these spots fell from Meredith’s gasps for breath as she lay on her back after she had been stabbed. However, he could not agree with their conclusion that her bra had been removed before this time, as similar small round spots were also found on Meredith’s bra.
Micheli reasoned that this indicated that Meredith was still wearing her bra as she gasped for breath, but that her top was rolled up and the bra moved also. Thus indicating the sexual nature of the original attack, but also allowing the small round spots to fall on both chest and bra. Furthermore, other blood evidence involving the bra indicated that it wasn’t removed until some time after Meredith had died.
He said that Meredith’s bra was found by investigators away from other possible blood contamination on the floor, near to her feet. Photographs of Meredith’s body show clear white areas where the bra prevented blood from falling onto Merediths body. These white areas corresponded to those areas where blood was found on her bra. This was particularly true in the area of the right shoulder strap which was soaked from the wound to Meredith’s neck.
Micheli said that evidence showed that Meredith had lain on one shoulder near the wardrobe. She lay in that position long enough for the imprint of her shoulder and bra strap to remain fixed in the pool of blood after she was moved to the position in which her body was finally found. Photographs of blood on her shoulder matched the imprint by the wardrobe and her shoulder itself also showed signs that she had remained in that position for some time.
Based on all this, Judge Micheli concluded that there could be no doubt that Meredith’s body was moved away from the wardrobe and her bra removed quite some time after her death.
Neighbor Nara Capezzali had testified that people fled from the cottage within a minute of Meredith’s final scream. There was no time for any alteration of the crime scene in those very few moments.
Judge Micheli asks in his report, who could have returned later and faked the scene which was found? Who later moved Meredith’s body and cut off her bra? He reasons it could only be someone who had an interest in changing what would become a crime scene found at the cottage. Who else but someone who lived there, and who wanted to mislead the coming investigation?
It couldn’t have been Laura, she was in Rome. It couldn’t have been Filomena, she was staying with her boyfriend. It was very unlikely that it was Rudy Guede, all proofs of his presence were left untouched.
The culprits ran from the cottage in different directions and there is no reason to believe they met up again before some or one of them returned. Judge Micheli stated that, in his opinion, this just left Knox who would seem to have an interest in arranging the scene the police would find.
Bloody footprints made visible with luminol in Filomena’s room contain Meredith’s DNA. This indicated to Judge Micheli that the scene in Filomena’s room was also faked after Meredith was killed.
In Micheli’s opinion the scene in Meredith’s room was probably faked to point the finger at Rudy Guede. All evidence related to him was left untouched, and the pillow with a partial palm print was found under Meredith’s repositioned body.
But whoever later arranged that scene in Meredith’s room also unwittingly indicated their own presence at the original sexual assault. Who else could have known that by staging an obvious rape scene, they would inevitably point the investigators towards Rudy’s DNA which they knew could be found in Meredith?
Micheli asks: Seemingly, who else could it have been but Amanda Knox? And this in part is why she was committed to trial, for her defense to contend this evidence.
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, February 03, 2009
Understanding Micheli #1: Why He Rejected All Rudy Guede’s Explanations As Fiction
Posted by Brian S
Here now is the full 2011 Micheli Report kindly translated by Catnip for the Wiki and TJMK.
On Guede
Judge Micheli has had two very important roles. He presided over Rudy Guede’s trial and sentencing, and he presided over the final hearing that committed Raffaele Sollecito and Amanda Knox to trial.
A week ago, just within the three-month deadline, Judge Micheli made public the 106-page report that explains the thinking behind both actions. This is a public document, and in the enviable Italian legitimizing process, the public is encouraged to get and read the report and to understand the full rationales. Excellent analyses have already appeared in Italian in Italy, but no English-speaking sources on the facts of the case have either put the report into English or published more than the most superficial analysis.
These posts will examine several very key areas of the report so that we too may choose whether to buy into the rationales. The translations into English here were by native-Italian speakers and fellow posters Nicki and Catnip. The next post will explain why Micheli ruled out the Lone Wolf Theory, and why he concluded that Knox and Sollecito appeared to be implicated in Meredith’s murder and should therefore be sent to trial.
Judge Micheli maintained that from the moment Meredith’s body was discovered until his arrest in Germany on November 19th, Rudy Guede was in a position to compile a version of his involvement in events at the cottage which would minimise his reponsibilities and point the finger of guilt elsewhere.
He was able to follow the course of the investigation in newspapers and on the internet. He would know of the arrests of Amanda, Raffaele and Patrick. He would know that the investigators had found biological evidence which would sooner or later connect him to the murder, and he would know of other discoveries and evidence which had been publicised in the media.
His story as told in Germany was compiled with all the knowledge about the crime and investigation he would have sought out. On his return to Italy in December he was interviewed by the investigating authorities and gave version 2. He was interviewed again in March which resulted in version 3, and later still made a spontaneous statement to change one or two facts including the admission that the trainer footprint in Meredith’s room could be his. Judge Micheli said:
Analyzing the narratives of the accused…he is not credible, as I will explain, because his version is (1) unreliable, and (2) continuously varying, whether on basic points or in minor details and outline.
Micheli then examined the details of Rudy’s claimed meeting with Meredith which resulted in his invitation to the cottage on the evening of November 1st.
He noted there were substantial differences between his versions of December and March, particularly with regard to the location of his meeting with Meredith on the night of Halloween and his movements in the early evening of November 1st.
He considered it likely that Rudy had made these changes as he became aware of evidence which contradicted his December version. Notably, in December Rudy claimed to have had his meeting with Meredith which resulted in her invite at a Halloween party given by Spanish students.
By March it was well known that Meredith had spent her entire Halloween in the company of friends, first in the Merlin pub before they later moved on to Domus disco. In March Rudy changed the location of his meeting with her from the Spanish party to Domus, which by chance Rudy had also attended following the party. However, neither Meredith’s friends who were continuously in her company nor those who accompanied Rudy to the Domus witnessed any meeting between the two. Judge Micheli commented:
On 26 March 2008, instead, Rudy explained to the Prosecution, drawing a picture, that the group invited to the Spaniards’ house actually moved wholus-bolus to the “Domus” club, but it was right in that nightclub that he met Kercher, and not before; offering up a tour-guide description from the chair, saying, “there’s a bar for the drinks and then there’s a room, there’s an arch and a room. I walking [sic] around there, and that’s where I met Meredith”. On the facts of the meeting and the subject of the conversation, he elaborated: “I started talking to Meredith “¦talking anyway I gave her a kiss.. after which I told her how much I liked her and asked her if the next day, in all the confusion anyway, if we were going to meet the next day and she said yes (”¦), we met in the evening around half eight, like that.
While not intending to explore the question, basically irrelevant, of whether the pair had agreed to a more or less specific time (his confirmation of the suggestion of 8.30 pm in both verbal statements however allows the inference that according to Guede they had an appointment), the patent contradiction between the two versions jumps out. One context, of a room between two bathrooms, in an apartment, is completely different to that of a drinks-bar and an arch, in a pub; one might concede, perhaps, the possibility of forgetting which place it was where they last bumped into a friend, but hardly the first time there was a kiss with a girl towards whom one was attracted.
With regard to his movements in the early evening of November 1st, Rudy’s friend Alex failed to corroborate Rudy’s December claim to have visited his flat. He said he didn’t see Rudy either before or after his meeting with Meredith at her cottage.
In March, Rudy changed his story and claimed to have risen at 6pm(following the all-nighter at Domus) before wandering around town for an hour or so. He then said he went to Meredith’s cottage but received no answer so he carried on to Piazza Grimana in the hope he might see people he knew. He thought he arrived in the Piazza at around 7:30pm. He claimed that some time later he left Piazza Grimana and called at the Kebab shop before returning to Meredith’s cottage and arriving some time between 8:30 and 9:00pm.
He said he then waited until her arrival some time just after 9:00pm. It was noted that in both his December and March versions Rudy said he had arranged to meet Meredith at 8:30pm. Micheli noted that this didn’t sit well with another arrangement Rudy had made to meet Carlos (from the Spanish party) between 9:00 and 10:00pm.
Micheli said that neither version of Rudy’s movements could be treated as true because he changed his story to fit facts as they became known and there was absolutely no corroborating witness evidence.
Rudy claimed two situations evolved following his entry with Meredith into the apparently empty cottage:
Whilst he was having a drink of fruit juice from the fridge, he claims Meredith found that 300 euros (her rent money) was missing from her bedside cabinet. Meredith was naturally upset by this discovery and straight away blamed “druggy Amanda”. Rudy said they both checked Amanda’s room to see if the money was there. However, it couldn’t be found and Rudy sought to console her.
He says that this consolation developed into an amorous encounter which proceeded to the stage where “Meredith asked him” if he had a condom. He told he didn’t and since she didn’t either they stopped their lovemaking.
Judge Micheli had a real problem with this story as told by Guede. He found it unlikely that Meredith would be interested in lovemaking so soon following the discovery that her money was missing. He found it unlikely that it was Meredith who was leading the way in this amorous encounter as Rudy was suggesting with his claim that it was “Meredith who asked him” if he had a condom.
Surely, Micheli reasoned, if Rudy was hoping to indulge in a sexual encounter with Meredith following the previous night’s flirting, he would, as any young man of his age, ensure that he arrived with a condom in anticipation of the hoped for liason. But even if he didn’t, and it was true that events had reached the stage where Meredith asked him, then surely given his negative response, Meredith would have again gone into Amanda’s room where, as she had told her friends, condoms were kept by her flat mate. Judge Micheli simply didn’t believe that if they had got to the stage of lovemaking described by Rudy, and following his negative response to her question, they just “STOPPED”. Meredith would have known she had a probable solution just metres away.
Rudy claimed he then told Meredith he had an upset stomach because of the kebab he had eaten earlier. She directed him to the bathroom through the kitchen.
Rudy put on his i-pod and headphones as he claimed was his habit when using the toilet. In his December version Rudy said the music was so loud he heard the doorbell ring but he made no reference to hearing any conversation. A perfect excuse, Judge Micheli says, for not hearing the disturbance or detail of Meredith’s murder. However, in his March version he claims he heard Amanda’s voice in conversation with Meredith. When Rudy did eventually emerge from the bathroom he says he saw a strange man with a knife and then a prone Meredith. Micheli commented:
...it is necessary to take as given that, in this case, Kercher did not find anything better to do than to suddenly cross from one moment of tenderness and passion with him to a violent argument with someone else who arrived at that place exactly at the moment in which Rudy was relieving himself in the bathroom. In any case, and above all, that which could have been a surprise to the killers, that is to say his presence in the house, was, on the other hand, certainly not put into dispute:
Meredith, unlike the attackers, knew full well that in the toilet there was a person who she herself allowed in, so for this reason, in the face of someone who had started raising their voice, then holding her by the arms and ending with brandishing a knife and throwing her to the floor, why would she not have reprimanded/reproached/admonished him immediately saying that there was someone in the house who could help her?
“¦Meredith didn’t shout out loudly for Rudy to come and help
“¦There was a progression of violence
“¦The victim sought to fight backIf it is reasonable to think that a lady living 70 metres away could hear only the last and most desperate cry of the girl ““ it’s difficult to admit that Guede’s earphones, at 4-5 metres, would stop him hearing other cries, or the preceding sounds.
Micheli was also mystified as to why Amanda (named in Rudy’s March version) would ring the doorbell. Why wouldn’t she let herself in using her own key? He supposed it was possible Meredith had left her own key in the door which prevented Amanda from using hers, but the girls all knew the lock was broken and they were careful not to leave their own key in the door. Perhaps, Meredith wanted some extra security/privacy against someone returning and had left her key in the lock on purpose. Maybe Amanda was carrying something heavy and her hands weren’t free. Or, maybe, Rudy was just trapped by his December story of the doorbell when he didn’t name anybody and an anonymous ring on the doorbell was plausible.
The judge then took issue with Rudy’s description of events following the stabbing of Meredith. Rudy claimed that when he emerged from the bathroom he discovered a man with a knife standing over Meredith. In the resultant scuffle he suffered cut wounds to his hand. armed himself with chair to protect himself. before the attacker fled when he fell over because his trousers came down around his ankles. Micheli said that those who saw Rudy later that night didn’t notice any wounds to Rudy’s hands although some cuts were photographed by the police when he was later arrested in Germany.
Micheli found Rudy’s claim that the attacker ran from from the house shouting “black man found, black man guilty” unbelievable in the situation. In the panic of the moment it may be conceivable that the attacker could shout “Black man…, run” following the surprise discovery of his presence in the house, but in the situation Rudy describes, blame or expressions of who the culprit thought “the police would find guilty” made no sense. It would be the last thing on an unknown attackers mind as he sought to make good his escape.
Micheli considers the “black man found, black man guilty” statement an invention made up by Rudy to imply a possible discrimination by the authorities and complicate the investigation. Micheli also saw this as an excuse by Rudy to explain away his failure to phone for help (the implication being that a white man could have made the call). It was known by her friends and acquaintances that Meredith was never without her own phone switched on. She kept it so, because her mother was ill and she always wanted to be available for contact should her mother require help when she was on her own
Judge Micheli regarded Rudy’s claimed efforts to help Meredith impossible to believe, given the evidence of Nara Capezzali. Rudy claimed to have made trips back and forth to the bathroom to obtain towels in an attempt to staunch the flow of bood from Meredith’s neck. He claimed to have leaned over her as she attempted to speak and written the letters “AF” on the wall because he couldn’t understand her attempted words. His described activities all took time and Rudy’s flight from the house would have come minutes after the time he alleged the knife-man ran from the cottage.
Nara Capezzali maintained that after she heard Meredith’s scream it was only some seconds (well under a minute) before she heard multiple footsteps running away. Although she looked out of her window and continued to listen for some time because she was so disturbed by the scream, she neither heard nor saw any other person run from the house. That Rudy had run wasn’t in doubt because of his collision on the steps above with the boyfriend of Alessandra Formica. Micheli therefore considered it proven that “all” of Meredith’s attackers, including Rudy, fled at the same time.
Earlier in his report Micheli considered character evidence on Rudy given by witnesses for both prosecution and defense. Although he had been seen with a knife on two occasions, and was considered a bit of a liar who sometimes got drunk, the judge didn’t consider that Rudy had previously shown a propensity for violence, nor behaviour towards girls which differed markedly from that displayed by many other young men of his age.
However, because of the wealth of forensic evidence [on which more later] and his admitted presence in the cottage, combined with his total disbelief in Rudy’s statements, Micheli found Rudy guilty of participation in the murder of Meredth Kercher.
He sentenced him to 30 years in prison and ordered him to pay compensation of E2,000,000 each to Meredith’s parents John and Arline Kercher, E1,500,000 each to Meredith’s brothers John and Lyle Kercher plus E30,000 costs in legal fees/costs + VAT. Also E1,500,000 plus E18,000 in legal fees/costs + VAT to Meredith’s sister, Stephanie Kercher.
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.
Thursday, December 11, 2008
Primary Timeline: An Hour-By-Hour Guide To The Events In Question
Posted by Michael
[Above: Where Meredith said goodbye to Sophie Purton - perhaps the last friendly face she ever saw.]
This narrative below is our present best shot at listing the events, actual and claimed, surrounding Meredith’s sad fate.
The constantly-updated master version of this primary timeline is posted here on the PMF forum I co-moderate with Skep. There are some subsidiary timelines which will also appear here soon.
The master version was first posted on the old True Crime MK Forum on Monday 14th April 2008. It built upon an original timeline by Xin, and I have frequently edited it since as the picture grows clearer.
You are really welcome to suggest edits, modifications, and additions, either in Comments below, or in a post below the master version itself.
Kermit’s excellent Powerpoint narrative of many of these same events was previously posted here.
Wednesday 31st October 2007 (Halloween)
Evening “Amanda…sent [Meredith] numerous SMS messages.” 1900 Meredith responds to her flatmate: “I have to go to a friend’s house for dinner.” The student from Seattle persisted, “What are you doing tonight? Do you want to meet up? Have you got a costume?” She then said that she was going to Le Chic and “maybe we’ll see each other.”
Thursday 1st November 2007 (Day of the Dead in Italy)
1300 AK saw MK at their apartment (per AK)
1400 -1500 MK left
1530 Sophie Purton arrives at Robyn Butterworth’s flat at Via Bontempi 22
1600 Meredith arrives at Robyn Butterworth’s flat
1700 AK, RS went to his apartment (per AK)
1800 Meredith had a meal with her girlfriends “Ms Kercher was known to have eaten an early supper of pizza and ice cream with two British women friends, both fellow students, at six o’clock on the evening of her death. But Sophie Purton, one of the friends, had testified that the meal contained no mushrooms.”
1800 AK, RS left her apartment (per RS)
1836 RS at his computer, had watched ‘Amelie’ whilst also downloading the film ‘Stardust’ to watch later, would be at his computer until 0333 - (per RS & his lawyers). “He was with AK until 1800 when they had both left RS apartment to go into the centre. RS has also said that he spent the evening on his computer working on his university coursework
2018 Patrick sends text message to AK
2030 Patrick’s friend, Swiss Professor Roman Mero had a pizza and then went straight to Le Chic. (had originally claimed he was in Le Chic from 2000)
2030 - 2100 RS “Went home, smoked; had dinner.”
2030 ““ 2100 (AK “left him (per RS), saying to him that she would go to Le Chic, meet friends while he returned to his house”) “”¦ left the house telling Sollecito that she was going to work, [but she], she was at the basketball court of Piazza Grimana.”
2035 AK text message to PL
2038 RG arrives at MK’s (per RG)
2038 PL’s cellphone pings in the area of MK’s house
2040** RS’s father phones him at his apartment on RS’s landline, the call went unanswered and instead went to answer phone. RS did not respond to the message and return his father’s call that night
2040** Young woman, Popovic (Polish after all (?)), arrives at RS’s house to tell him she no longer needed a lift to the station. (She spoke to Amanda via the intercom (?) )
2040** Serbian student, Jovanovic, ‘met’ (Could do with clarification as to whether he simply passed AK, or actually engaged with her in some way). AK on Corso Garibaldi. AK and RS were at RS’s flat at this time and before (per AK/RS)
2040** AK and RS cell phones turned off
2043 AK seen on CCTV entering her house (?)
2046 Meredith arrives eight minutes after RG arrives (per RG)
2050 RS chops up button mushrooms with his knife, and he and AK stir fry them (per Mignini)
2100 AK claimed to meet PL at B-Ball courts and [return] to her house. (per the Judge)
2100 Meredith leaves friend’s house with Sophie Purton to return home, Sophie walks her halfway
2105 Sophie Purton leaves Meredith on Via Roscetto, Meredith continues home alone
2110 Click on RS’s computer, no more activity on computer until following day
2115 Around this time MK arrives home
2130 Meredith commences phone call with mother (What time did it end?)
2141 - 0532 of the night of the crime “is not any human interaction.at RS apt” (per RS’ computer)
2200 - 2230 Meredith is either dead or dying. A breakdown truck arrives for a broken down car containing a family of three, man, woman and child. The Albanian ‘superwitness’, Hekuran Kokomani, arrives by car at the rubbish bins area a short way down the road from the cottage. HK punches RS, throws a phone and olives at AK, who threatens HK with knife. HK drives further down the road encountering RG who recognises HK and offers money to hire HK’s car, first 50, then offering 250 euros. HK hears banging sounding like ‘wood on wood’ from the house. RG says there is a birthday party at the cottage. HK refuses hire his car, driving off having seen RS in his wing mirror running at him with knife. RS persues him to the lights, where a motorist asks HK for directions. HK has to reverse his car to allow the breakdown truck, which is probably just arriving, to manoeuvre. HK leaves (per HK)
2215 SMS requesting account balance sent from MK’s mobile to her bank balance
2229 First recorded receipts at Le Chic
2230 - 2300 A witness heard “a man and a woman arguing in Italian” inside the cottage “at about 10.30 or 11.00 on the night of November 1,” followed by an “agonising scream”.
2230 “Alessandra Formica, a police witness, said her partner was almost knocked over by a black man running away from scene”. The couple also witness the broken down car and breakdown truck.
2300 (circa) A dark coloured car is seen parked outside the cottage (per garage mechanic witness - Gianfranco Lombardi). “It was about 11pm on the night of November 1, 2007, and I was in the area because I had been called out to fix a broken-down car…When I got to Via Sant Antonio, close to where the house where Meredith Kercher was murdered, I saw a dark-coloured car parked outside and I noticed the gate on the drive was open…I didn’t notice anyone in the car and I didn’t notice anyone coming or going during the eight or 10 minutes it took me to load the broken-down car onto my tow truck.” “The statement is significant because Sollecito has a dark-coloured car, but claims he was not at the house.”
2300 RS reveives telephone call from his father (per RS). Now known to be untrue as the unanswered call via landline was actually made at 2040 and went to answerphone
2300 (circa) Nara Capezalli, the woman who lives opposite MK’s, hears screams coming from the house after which “at least two people” emerged and fled “in different directions.”
2300 - 2330 AK and RS are seen on the baseball court by a sixty-year-old witness, ‘Toto’ (Antonio Curatolo), cuddling, behaving erratically, and looking towards the house…” “...their position of observation on the steps near via della Pergola overlooking the house.” “I saw Amanda and Raffaele around the square in 23-23,30 Grimana the first night of November. I am sure because the next morning the carabinieri were on the streets asking questions. ” AK and RS go down in the direction of the house (possibly joined by a third person (?))
2300 - 0100 RS claims he’s on Internet at his home
Friday 2nd November 2007
0100 AK at RS’s apt (?)
0200 Witnesses report seeing Rudy dancing down the Domus nightclub. Passers-by report loud voices from AK/MK home
0333 RS comes off of his computer and goes to bed, Amanda is ‘not’ there (per RS & his lawyers)
0430 Last sighting of Rudy at the Domus nightclub by witnesses.
0532 Internet activity noted at RS’s computer, (Googling ‘Bleach’ & ‘Blood’ perhaps ?). Phones turned back on?
Dawn Mobile phones switched back on (Would be great to have the actual time for this event)
0745 Witness places AK outside supermarket
0830 Bleach receipt supplied by the market (?) - RS/AK in bed (per RS/AK)
0915 Bleach receipt supplied by the market (?) - RS/AK in bed (per RS/AK)
1000 Woke up at RS’s in morning (per RS)
1030 AK returns to her house to wash; took empty plastic bag (per RS)
1100 AK was back at her house (per AK)
1130 AK back at RS’s house; worried””door open (per RS). Back to AK’s together. AK opens door with keys; went in together. Blood in bathroom. Attempted to break down Meredith’s door (per RS)
0900 - 1200 Sig.na Lana finds two phones in her garden and notify police, who ascertain that one is registered to Filomena Romanelli at via della Pergola
1226 “Today it was confirmed that the garage video recorded the car of the postal police arriving at 12.26…” and find AK and RS outside (but within the gate), who said they were waiting for the Carabinieri.”
1235 Filomena, having spent the night away with her boyfriend Marco Zaroli, whilst parking their car (with PG and LA) at the ‘Fair of the Dead’ in Perugia, receives phonecall (first of a series of three) from AK “who told me that she had slept at Raffaele’s house and that when she had gone back to our house she had found the door open and blood in her bathroom. She told me that she’d had a shower, that she was scared and that she was going to call Raffaele Sollecito. It seemed really strange to me and I asked her to check that the house was in order and to call the police or Carabinieri.” (Michael: “Going to call” RS when AK and RS claim they came back to the cottage together at 1130?)
1235 - 1245 Second phone conversation between AK and FR
1245 Third phone conversation between AK and FR “she told me that the window in my room was broken and that my room was in a mess. At this point I asked her to call the police and she told me that she already had.”
1250 RS calls his sister in the Carabinieri
1251 RS phones the Carabinieri (for the first time)
1254 RS phones the Carabinieri again
1300 (just before) Filomena Romanelli arrives at apartment with her friends PA (Paola Grande - girlfriend of Luca) and LA (Luca Altieri). M (Marco) was present and “Amanda and Raffaele were in Amanda’s room because at a certain point they came out into the corridor and we introduced ourselves.” (Michael: Evidently, RS and AK failed to notice Meredith’s keys whilst they were hidden away in her room. Why were they in AK’s room when important actions were taking place elsewhere in the cottage, leaving non-resident Marco to deal with the Postal Police? How long were they in there for? ‘What’ were they doing whilst in there - checking it was ‘clean’?)
1305 Postal Police arrive (per RS and his lawyers)
1315 (circa) After listening to Filomena’s remarks, with Postal Police present, LA breaks down door of MK’s room
Evening PG and LA take RS and AK to Perugia police station in their car. PG and LA have stated that during the trip RS was constantly asking them questions regarding the murder and investigation of a manner that caused them to become so concerned and suspicious, they thorougly checked over the interior of the car after RS and AK got out, for ‘incriminating evidence’ they were afraid the pair may have ‘planted’ there. The ‘suspicious’ behaviour of the couple continued inside the police station, which was noted and reported by multiple witnesses
**These times must be very approximate since the 20:40 time slot is ‘very’ congested.