Headsup: Copies of the book are on their way to booksellers throughout Italy, and thereafter wiil come the Italian media push.
Category: Raff Sollecito #2

Wednesday, October 22, 2014

The Hundreds Of DNA Samples Taken And Analyses Done, Shown In Table Form

Posted by Olleosnep




1. Even Excluding DNA, There’s Massive Evidence

The DNA Spreadsheet will open using Microsoft Excel or alternatives such as the free OpenOffice. Please note the table is very wide.

Contrary to foolish claims elsewhere, there’s a great deal of evidence implicating not only Guede but also Knox and Sollecito in the brutal murder of Meredith Kercher. 

The bulk of the evidence is circumstantial, and encompasses different categories of evidence, such as: wounds sustained by Ms. Kercher;  ear and eye witnesses;  footprints; shoeprints; fingerprints and lack thereof; blood patterns; evidence that Ms. Kercher was moved after she died; misplaced items in her room and in the cottage; evidence of partial clean-up; cellphone records; computer evidence; evidence of staged break-in; lack of evidence of actual break-in; statements by all three defendants; lack of alibis; lies by Knox and Sollecito; etc.

A lot of the most critical evidence has been repeatedly reviewed by many different judges involved in the case, from Judge Micheli to Judge Nencini, and led to the unanimous verdict at trial now confirmed by Appeal Judge Nencini. 

2. The Massive DNA Evidence Is Equally Conclusive

We have carried nearly five dozen DNA posts previously on the Scientific Labs work in 2007-09, the discredited judges’ consultants work in 2011, and the Carabinieri Labs work in 2013.

They go to prove that some of the most damning evidence comes from the DNA traces found on hundreds of samples tested by the Forensic Genetics department of the Italian Scientific Police squadron in Rome. The department was presided over by the biologist Dr. Stefanoni at the time [seen above left with Prosecutor Comodi] who acted as the department’s principal technical director.

The results of Dr. Stefanoni’s work were collected in several reports issued by her lab during the 2008-2009 investigation and trial phases. Of these reports, two reports in particular comprise a “˜survey’ of the work performed by her lab at the time: the “Genetic Tests” report (GT), and the “Stato Avanzamento Laboratorio” report (SAL). Both reports are available on the Meredith Kercher Wiki.

These two reports are notable for highlighting the large quantity of testing done and the significant number of objects and items sampled. In addition, the reports not only look at items with blood traces, but also traces of skin cells, feces, semen, and above all, hair traces, an aspect of the evidence that has been largely glossed over in the testimony and in the motivation reports.

3. For The First Time A Complete DNA Roadmap

In order to better understand the extent of the work and types of the tests performed, I have taken the data that can be gleaned from these two reports and placed them into a single spreadsheet, in order to create a kind of “˜database’ of the testing and analyses done.

This spreadsheet uses the GT report as a basis, followed by additional information obtainable from the SAL report.

The spreadsheet is basically a list of each sample, object and/or test done by Dr. Stefanoni’s team. These include tests done for DNA analysis, testing done for Y haplotype analysis and hair sample analysis. In the SAL report, it is shown that a few samples were tested multiple times. The list also includes some objects which were not analyzed at all, or were only analyzed up to a point.

It should be noted that there are a few difficulties with the reports. The GT report references an associated photographic report that has not been made available. The GT report is also missing a couple of pages and the descriptions of the results are at times inconsistent. Other times it can be tricky to follow exactly what tests were done. Because the report is a black and white scan of an original likely printed in color, some of the information in the tables is difficult or impossible to read. And some traces are missing result tables altogether.

The SAL report is also incomplete. The luminol samples at the cottage and all the samples taken at Guede’s apartment are missing, as are other samples. The scanned pages in the PDF are out of order, making cross-checking with the GT report tedious. The SAL report does not have all the test data indicated in the GT report. For instance, the human antibody tests noted in the GT report are not indicated in the SAL report. The data in the SAL report is often not as complete as one might think. As an example, all hair samples were logged and assigned a sample number. But those hairs that had no DNA extracted, do not have a date of when they were analyzed. Presumably they were all analyzed as a set for each item, given that the sample number is frequently numerically sequential (i.e. 47084, 47085, 47086, etc.). But it’s not possible to say with certainty when the hairs were reviewed from the report.

Nevertheless the GT and SAL reports do have significant information that is of interest to the case. Hence the spreadsheet.

4. Some Guidance For The Use Of The Spreadsheet

Spreadsheets can be useful for presenting various pieces of data together “˜at a glance’. But the real power of spreadsheets for this type of data is that rows can be sorted in order to group similar pieces of data together, allowing one to get a overview of subsets of data.

So, for instance, if one wanted to order all the rows by “˜sample number’ to see the sequence of how they were processed in the lab, one need only highlight all the rows (done by clicking on row number 5, holding down the “˜Shift key’ and paging down to the bottommost row), then go to menu option “˜Data’ and then “˜Sort’ and select the column or columns to sort by- “˜AF’ in the case.

Or perhaps one wants to sort by “˜DNA yielded’ and “˜building’ to see where someone’s DNA was found. Simply select all the rows again, select the menu option “˜Data’ and then “˜Sort’, and select the first column as “˜DNA yielded’ (or column AD), then select as the second column as “˜building (or column F).

To return to the original order, select all rows again and sort on column A.

Note that the first four rows in the spreadsheet are “˜locked’, in order to allow the column headers to be always visible.  If one wants to unlock these rows, select the whole spreadsheet by clicking on the upper left corner of the window where the column header labels and row numbers meet. Once the whole spreadsheet is selected, go to “˜View’ option and select “˜Unfreeze panes’. For Excel version 2007 and higher, click on the little arrow to the right of “˜freeze panes’ button on the menu bar, and there will be the option to unfreeze panes.

If one is handy with Access, or any other database program, it should be possible to import the spreadsheet into that database program, allowing one to perform more powerful “˜queries’.



The Rome headquarters of the Scientific Police which work closely with the FBI

5. Explanations Of Some Of The DNA Data

The data in each column was obtained directly or indirectly obtainable from the two reports by Dr. Stefanoni’s team.

1) Column “˜A’ allows one to resort rows to their original order, which is based on the order of the “˜item number’ noted in the GT report.

2) “˜Item number’ refers to the actual piece of evidence, whether an object sampled onsite or an object that was bagged and taken to the lab, as noted in the GT report.

3) “˜Original item label’ is data provided in the first pages of the GT report, as a way to tie the evidence item back to evidence markers used at the crime scene, and visible in some of the crime scene photos.

4) “˜Page in attached photo report’ indicates that there is an adjunct “˜photo report’ Dr. Stefanoni provided that has not yet been released, and likely has photos of the evidence items “˜in situ’. This information is also noted in the beginning item lists in the GT report.

5) “˜Sample date’ is based on the dates noted in the beginning list in the GT report, indicating when the evidence item was sampled or taken from the crime scene. This is sometimes difficult to read, due to the fact that the report was apparently printed in color and the black and white scan hides or obscures some text and graphics.

6) Columns F-K are location and object data, obtainable from the descriptions in the GT report, especially the first pages that provide a list of where evidence samples were obtained. I broke this data down into various categories to allow different possibilities of grouping the data.

7) “˜Sample obtained’ indicates the type of biological substance that was assumed to contain DNA. This was first obtained from the GT report, and later corrected with the data from the SAL report, which has a more consistent description of what the sample was assumed to be.

8) Columns M through AC list data either directly reported in the GT and SAL reports, or interpretable from them. Column M notes if an item was analyzed or not. In the GT report, unanalyzed items are noted in the beginning list as “˜not analyzed’ though not consistently. In the SAL report, they are noted as having 0 samples.

9) “˜Trace number’ was obtained from GT report, though on a few occasions, the actual number is not clear. Note that the number “˜starts over’ for each evidence item. Sometimes the trace number is sequential, independent of whether it is blood or hair or skin cells. Items having the most traces are those that were “˜heavily’ sampled, including Sollecito’s sneakers, the duvet, Ms. Kercher’s sweat jacket, her jeans, the kitchen knife, the kitchen sponge, etc.

10) “˜Additional trace info’ is additional information noted from both reports about a specific sample.

11) Column P “˜revealed in luminol?’ indicates with a “˜yes’ those samples obtained during luminol analysis. What often gets overlooked is that luminol analysis was performed not only at the cottage, but in Sollecito’s car, Sollecito’s apartment and Guede’s apartment. Notable here is that 14 different samples were obtained from luminol analysis at Sollecito’s apartment. While the DNA data yielded was meager, what is important is not the actual data yielded, but the number and location of samples investigated, including samples from door handles, and different locations like the bathroom, bedroom and kitchen. There was certainly a suspicious amount of blood, bleach or turnip juice at Sollecito’s place!

12) “˜Date of extraction’ comes from the SAL report, though, as mentioned above, it is not consistently reported for every trace or sample analyzed. This indicates when DNA processing occurred on a sample. This column is important to look at when discussing the issue of lab contamination. If one performs a sort on this column and on the “˜sample number’ column, one can clearly see that samples were processed in batches, often a week or two weeks apart. So for instance, claims that the sample 36B happened due to contamination at the lab is really not possible, given that Ms. Kercher’s DNA was analyzed one week earlier (11/5/07 and 11/6/07) and sample 36B is the only sample to contain Ms. Kercher’s DNA from all the samples analyzed on 11/13/07. Similarly, Sollecito’s DNA and Guede’s DNA are only found once each of all the items analyzed on 12/29/07, yet the last time Sollecito’s DNA had been analyzed was on 12/17/07, 12 days earlier. So the likelihood of lab contamination seems extraordinarily small, just from the dates of when samples were analyzed.

13) “˜TMB test positive’ was originally obtained from the GT report. Again because that report is likely in color, a number of tables have either missing graphics or are missing tables altogether. Fortunately the SAL report has duplicated this data consistently.

14) “˜Human antibody test positive?’ is obtained from other tables in the GT report, almost always paired with the TMB table. In some cases where the table data is illegible, I’ve placed a “?” in front of an assumed result. Curiously, this test is not shown in the SAL report.

15) “˜Cat antibody positive?’ is from the GT report, shows that the basement apartment blood samples were all made a by cat, which Dr. Stefanoni comments on in her Massei testimony.

16) Apparently they also ran “˜dog antibody’ testing as well, as is noted in the GT report.

17) “˜DNA extraction done?’ indicates if a decision was made to extract DNA. This was inferred from the GT report. Notable here is that even with samples having cat antibodies, Dr. Stefanoni does the DNA extraction anyway to make sure no human DNA is in the sample.

18) “˜Quantity extracted’ comes from the SAL report. This refers not to the amount of DNA extracted, but specifically to the amount of liquid (50, 100 or 150 microliters) filtered through the Qiagen Bio Robot EZ1 machine. This machine actually filters or purifies the sample, removing all other biological materials like cells, bacteria, etc. leaving only actual DNA molecules which can then be processed. This extraction process is also the quantification process, where from a 50 microliter sample a certain amount of DNA is found and quantified.

19) “˜Human DNA found during quantification’ was inferred from the GT report. It should be noted that for Dr. Stefanoni’s team, DNA analysis involved finding DNA useful for comparison. This means that Dr. Stefanoni was not looking for a sample of any human DNA, but a sample sufficiently “˜complete’ to be able to compare it with others samples. So it was likely often the case that a trace might have snippets and pieces of DNA, but these pieces were either too small or too fragmented to be useful for any profile comparisons. So “˜No’ in this column means not so much that no DNA was found at all, but that no DNA was found that could be useful for comparison.

20) “˜Decision to amplify and analyze’ was obtained from the GT report. Sometimes it is explicitly mentioned in the description of the results in the GT report. Other times, it can be inferred from the lack of tables.

21) “˜Concentrate sample with Speed VAC 110’ means that where “no human DNA was found” (i.e. when no DNA was found sufficiently complete or in sufficient amounts useful for comparison), Dr. Stefanoni decided to process the sample further in an effort to “˜bring out’ whatever DNA there might be. This was done using a “˜concentrator’, which dries the samples and vacuums them, thereby reducing sample fluid to make any DNA present more easily found by the subsequent DNA processing equipment.

22) “˜STR amplification’ is the DNA copying process whereby any DNA found is copied millions of times to obtain samples that can be adequately rendered by capillary electrophoresis. The process Dr. Stefanoni used is described specifically in the GT report for evidence items 12 and 13.

23) In some cases “˜Y chromosome amplification’ is also done. While this may be done at the same time by the same machine, I took any Y chromosome amplification to be a separate test, since per the GT report, it sometimes yielded different results. In a few cases, it is not clear from the GT report if Y chromosome amplification was done on only one sample, or on all the samples of an evidence item. In those cases, I assumed all the samples.

24) “˜Capillary electrophoresis’ is where DNA is rendered through a chemical/electrical process that tags DNA particles with fluorescence. These fluoresced particles are then read by the software of the machine and mapped onto a graph that shows DNA particles as “˜peaks’, which are an indicator of quantity of DNA found. The software of the machine then produced graphs of the peaks obtained and it is these graphs that Dr. Stefanoni and her team used for profile comparison.

25) “˜DNA yielded’ is what is indicated in the GT report and is based on Dr. Stefanoni’s comparison of the DNA profile(s) shown by capillary electrophoresis to index DNA samples she had of Sollecito, Lumumba, Guede, Knox and Ms. Kercher.

26) “˜Egram number’ is taken from the GT report.

27) The “˜sample number’ was taken from the GT and further completed by the SAL report, which has the sample numbers for all samples, whether they were analyzed for DNA or not. The sample numbers are useful for indicating what was happening at the Dr. Stefanoni’s lab. As an example, if one does a sort on column Q (Date of extraction) and column AF (sample number) one can see that between 11/5/07 and 11/6/07, there is gap of 129 samples that were likely performed for another case. The last sample analyzed on 11/5/07 was 47082, and on 11/6/07, the next sample number is 47211. So presumably her lab ran 129 additional DNA tests on samples related to other cases between these two runs. Generally the sample numbers increase sequentially by date, but there are a few exceptions. One in particular is sample 47821, which appears as the last sample on 11/23/07, though samples starting on 11/26/07, three days later, start with sample number 47711. This implies that samples were probably numbered in batches (by sticking numbered labels on tubes or bags) and not necessarily right before extraction or other machine processing was done.

28) “˜Compatibility notes’ are extra comments noted by Dr. Stefanoni in the GT report.

29) “˜Likely substance containing DNA’ is interpretable from the GT and SAL report and the results of the testing done.

30) Finally there are columns related to hair analysis. “˜Type of hair’ comes from the SAL report, and it is sometimes, but not consistently or legibly, noted in the GT report.

31) “˜Hair color’ provides a description of the hair color. Notable is that the hair description is quite consistent, with black, blonde, chestnut, light chestnut, red chestnut being the more significant categories. This is available in both the GT and SAL report and both reports match.

32) “˜Hair length;’ is obviously the length of hair analyzed. I’m not sure how this was done since the machinery used is not indicated in either report. Again, this is in both reports, and again the data matches in both reports.

33) “˜Hair width’ is the diameter of the hair in micrometers, and is available in both reports.

34) “˜Hair marrow’ is found only in the SAL report, and presumably describes the condition of the very core of the hair.

35) “˜Hair end condition’ indicates whether the end of the hair is “˜cut’, a “˜point’, frayed or otherwise.  This is found in both reports.

36) “˜Bulb phase’ relates to the particular phase of hair growth, with DNA apparently present in the hair bulb only during the initial growth phases of the hair. This too is found in both reports.

37) “˜Hair remarks’ are any comments related to hair samples.

38) Lastly, the “˜remarks’ column contains my notes on a particular sample or test, indicating discrepancies or explanations of what I was able to understand.

As noted above, the SAL report does not contain data for all the samples. Per Dr. Gino’s testimony in the Massei trial on 9/26/09, additional SAL sheets were apparently released that indicate that TMB tests were done on the luminol samples at the cottage and that these tests were negative. However it should be noted that TMB is less sensitive than luminol, so it is possible that a luminol sample could be in blood, which however is too diluted to be registered by a TMB test.




6. More Commentary On the DNA Extracted From Blood

1) DNA is only found in white blood cells, not red blood cells

2) The luminol reacts with the iron in red blood cells, not white blood cells

3) Red blood cells outnumber white blood cells by roughly 600 to 1

4) Even if DNA is found it may be not usable for comparison

So just because there is a positive luminol or TMB result does not mean that DNA can be found.

7. More Commentary On The Resulting Statistics

At the bottom of the spreadsheet are some interesting statistics, which I won’t reiterate here, except to note a few things.

a) 227 different objects or site objects were sampled/ obtained for analysis. 30 of these were not analyzed at all. From the remaining 197 objects and site objects sampled, 484 separate tests were set up for analysis, with 93 of these consisting of hair analysis. Of these 484 tests, 193 of them yield DNA data useful for comparison (40%).

b) Of the 193 tests that were “˜successful’, 100 tests yielded DNA compatible only with Ms. Kercher’s DNA (over 50%- again keep in mind their may have been other DNA but it may have been too small or too fragmented to be useful for comparison). Nine additional tests (comprising seven samples) yielded DNA compatible with Ms. Kercher’s DNA mixed with either Knox’s, Guede’s or Sollecito’s DNA. 27 tests had DNA compatible with Guede’s DNA; 18 tests had DNA compatible with Knox’s DNA; 11 more tests had DNA compatible with Sollecito’s DNA. Nine other tests yielded DNA compatible with a mixture of Knox’s and Sollecito’s DNA. 17 tests yielded DNA of unknown men and women (i.e. unmatchable by Dr. Stefanoni), and two tests were of samples obtained from Lumumba.

c) Of the nine tests yielding Ms. Kercher’s DNA mixed with others, five of these yielded DNA compatible with a mixture of Kercher’s and Knox’s DNA. They were all samples found in blood or potential blood- notably: three in the bathroom, one on the corridor floor in a luminol revealed bloody footprint, one in a luminol revealed blood stain in Romanelli’s room.

d) Returning to the discussions about contamination, it is notable that, whether the contamination occurred during site collection or in the lab, one might expect to find bits of contamination occurring here and there over 193 tests. Yet nearly all the arguments involve contamination about two samples, out of 193 tests. Over 50% of the tests that had useful DNA yielded Ms. Kercher’s DNA. If site collection, transport and/or lab procedures were so poor, one would expect to find Ms. Kercher’s DNA in other places as well. Yet very few samples have her DNA mixed with others, and conversely, very few other samples have other mixed DNA. Only nine samples have mixes of Sollecito and Knox’s DNA, eight of which were all obtained at Sollecito’s apartment or from Sollecito’s things (including a pocket knife), and one was obtained from a cigarette butt at the cottage. If contamination was so rampant, why does it occur on only two samples out of 193, (and curiously only on the two most damning samples)?

e) Continuing along the same lines, 118 samples were obtained from Sollecito’s apartment. Of these, 49 were not analyzed, (many were hairs not having bulbs in the right phase). Of the remaining 66 samples that were analyzed, only one, the one the blade of the kitchen knife, had Ms. Kercher’s DNA. And 41 yielded no usable DNA. So if there was contamination, or worse, direct framing of evidence by the lab, certainly there would be more of Ms. Kercher’s DNA amongst those 66 samples, in order to achieve an ironclad case. Yet there is only one sample out of 66 that had Ms. Kercher’s DNA.

f) Similarly, 224 tests were done on objects taken from the upper apartment. Of these 56 were not analyzed for DNA and an additional 61 that were analyzed, did not yield anything useful. Of the remaining 107 tests, only 3 had Sollecito’s DNA (a trace on the cigarette butt, and a trace on the bra clasp having Sollecito’s DNA as well as his Y chromosome.) Surely if there was rampant contamination or worse, direct framing of evidence, one would expect to find more of Sollecito’s DNA in Ms. Kercher’s room. Yet only one sample had his DNA and Y chromosome- the bra clasp.

g) Conversely, it is rather odd that Sollecito’s car was sampled in 16 locations (actually 19 samples were taken but only 16 analyzed), and none of those samples revealed his DNA. Did he ever drive his car?

8. And Finally More Commentary About The Hairs

Guede had black hair. From photos of Nov 2, 2007, Knox had blonde hair and Sollecito had chestnut to light chestnut hair. Meredith Kercher had chestnut to reddish chestnut hair.

93 hairs were found and analyzed. Seven of these were either animal hair or fibers. The remaining 86 hairs were, per the SAL report, all human. Seven of these hairs were black in color. Of the seven, six were short (4 cm or less) and one was long. Of the six short black hairs, four were found on the duvet covering Ms. Kercher, one was found on her mattress cover, and one was found on a sponge (containing fourteen other hairs) at Sollecito’s apartment. It is very likely these short black hairs were Guede’s, and if so, how it one of his hairs get on a sponge at Sollecito’s apartment.

Similarly, 21 blonde hairs were found, ranging from 4 cm to 20 cm. Of these, fifteen were found at Sollecito’s apartment, either on a sponge in the kitchen, or on a sweater. The other six were found at the cottage, with three being found on the duvet, one found inside the small bathroom sink, one found on a mop, one found on Ms. Kercher’s purse and one found on Ms. Kercher’s mattress cover.

Assuming the blonde hairs were Knox’s hair, it is difficult to imagine how they might wind up on Ms. Kercher’s purse and mattress cover.

There were four light chestnut hairs found. One, measuring 9 cm, was found on the kitchen sponge at Sollecito’s apartment. The other three light chestnut hairs were found on Ms. Kercher’s bra (2 cm), sweat jacket (7.5 cm) and the towel found under Ms. Kercher’s body (20 cm).

35 chestnut colored hairs were found, ranging from 1.5 to 30 cm in length. The vast majority were in Ms. Kercher’s bedroom. Two chestnut colored hairs (5 cm and 8 cm) were on the kitchen sponge at Sollecito’s house. It should be noted that three chestnut colored hairs yielded Ms. Kercher’s DNA, measuring 15, 18 and 23 cms.

So even from the hair evidence, it seems that hair having Knox and Sollecito’s color were on Ms. Kercher’s more intimate objects, while Guede’s and Ms. Kercher’s hair apparently were on a sponge in the kitchen at Sollecito’s apartment. In other words, an object used in a clean-up, and in a room that also had five luminol revealed samples.

Even the hair evidence points to Guede, Sollecito and Knox having acted together in the murder of Ms. Kercher.


Sunday, September 14, 2014

Now Raffaele Sollecito As Well As Amanda Knox Is Using A PayPal Link To Encourage Donations

Posted by Our Main Posters




Sollecito And Knox Paypal Accounts

Please check out the images at bottom here. As of today Knox’s PayPal account still exists.

At the same time Sollecito has created a new one as GoFundMe dropped his solicitation page. PayPal and their own Italian lawyers are likely to regard these two accounts as hot potatoes when the following implications are shared with them.

Imperiled Bank Accounts

Each PayPal account will point behind the PayPal scenes to a bank account, which as this example among many others describes can be seized by American and Italian authorities.

The Government wants the seized properties to be handed over to the authorities, and claims it’s permitted under U.S. law. This includes the bank account that was used by Megaupload for PayPal payouts. The account, described as “DSB 0320,” had a balance of roughly $4.7 million (36 million Hong Kong Dollars) at the time of the seizure, but processed more than $160 million over the years.

“Records indicate that from August 2007 through January 2012 there were 1,403 deposits into the DBS 0320 account totaling HKD 1,260,508,432.01 from a PayPal account. These funds represent proceeds of crime and property involved in money laundering as more fully set out herein,” the complaint reads.

PayPal refused to channel payments to the hacker organization Wikileaks and 14 members of the hacker group Anonymous who attempted denials of service attacks (DOS) against PayPal were charged and pleaded guilty.

Strong evidence that law enforcement will work hard to help prevent the use of PayPal for activities it considers illegal. 

How It Gets Worse For Them

Knox is already a convicted felon for life for calunnia with no further appeal possible. Under PayPal’s terms of service that by itself seems sufficient grounds to bounce her. From Paypal’s rules for Donate buttons:

Note: This button is intended for fundraising. If you are not raising money for a cause, please choose another option. Nonprofits must verify their status to withdraw donations they receive. Users that are not verified nonprofits must demonstrate how their donations will be used, once they raise more than $10,000.

Neither have publicly specified in even the least detail who will get what and why out of the funds raised by this Donate button intended for good causes (think charities).

How It Gets Worser For Them

The pitches on the Knox and Sollecito websites are essentially the same as in their two books which are both riddled with demonstrably false accusations, for which Sollecito has already been charged and for which Knox will also in due course be charged.

The charges against Sollecito are a mixture of calunnia and diffamazione, which are explained at the bottom here, and the charges against Knox are expected to be the same.

In effect then this is seemingly not only Knox and Sollecito attempting to profit from crimes, but attempting to profit from crimes based on highly fraudulent accounts of those crimes for one component of which (as pointed out above) Knox has already served three years in prison.

How It Gets Even Worser For Them

“Defense Fund” implies the money being raised is all going to their Italian lawyers. If the lawyers accept such payments as fees that could become a problem for them.

The same thing applies if any of the money raised goes to David Marriott, Ted Simon and Robert Barnett. It is now radioactive. They will presumably know this - know that they cannot profit from proceeds which are illegal under Son of Sam laws and obtained on fraudulent pretenses.

And In Fact Even Worser For Them

If Cassation dismisses the final appeal of Knox and Sollecito (for which the grounds seem very flimsy) they will each be liable for the millions in damages which Judge Massei imposed as modified by Judge Nencini.

Donations legally labeled bloodmoney cannot under any circumstances be used to pay damages. Knox and Sollecito would have to generate new funds to pay the damages awards by legal earnings or by voluntary or forced selling off of any assets.

The Bottom-Line Liabilities Here

The financial liabilities Knox and Sollecito are presently incurring for themselves include (1) payment of all fees for legal and PR help in the US and Italy; (2) the clawing back of all bloodmoney profits from their crimes; (3) the payments of millions in damages as assessed by Judges Massei and Nencini; and (4) further fines and damages that are expected to result from their two books.

Under the post below Popper posted this partial calculation for Knox; the forfeit of bloodmoney and possible future damage awards are additional.

Massei gave (and Nencini confirmed) provisional damage to father and mother of Meredith of Euro 1 million each, to brothers and sister Euro 800,000 each, to PL Euro 50,000 and to the owner of the flat Euro 10,000.

To this it must be added more for the legal costs in Appeal and Cassazione, so a total a bit short of Euro 5 million, about 6 million dollars.

VAT and CPA must be paid on all the above sums, so more than that, we probably go over USD 6 million

Together with the forfeit of bloodmoney and possible future damages imposed, this adds up to around the $10 million estimated in this post. Sollecito’s burden would be less, somewhat more than half of that. 

Explanation Of Calunnia And Diffamazione

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

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

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

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


Click for larger image






Saturday, September 13, 2014

Those Channeling Funding To RS And AK Should Definitely Take Note Of This

Posted by Our Main Posters



GoFundMe has dropped this page of Sollecito’s which was soliciting funds under false pretenses


The increasingly tough American bloodmoney laws (Son of Sam laws) were described here and here.

These laws are operable at the federal level and in most states. The tendency is for the laws to be made more and more tough, and to spread the net of who could be charged more and more widely.

Book publishers and TV networks have armies of lawyers who usually step in smartly to stop them being party to illegal money flows. All American TV networks have codes of ethics which prevent fees being paid that reward a crime.

The bloodmoney net could be spread widely in the Perugia case if the Republic of Italy requests the invoking of these laws against Knox, Sollecito, their families, and the in-it-for-the-money opportunists such as Sforza, Fischer, and Moore.

Their PR help also appears to be at risk, along with the shadow writers, book agents and publishers of the two books.

Sollecito might have got a blessing in disguise then when GoFundMe the private-purposes fundraising site closing down his begging page (image above) after around $40,000 had been conned from the sheep.

GoFundMe did that as part of a move to keep the company and the site away from controversy and the long arm of the law. This move is fairly typical of a broad trend on the internet as courts increasingly sentence harrassers, abusers, swindlers and money-grubbers to tough terms.

Making money out of crime has never been a walk in the park, and anything gained rarely goes very far.

Trying to make money illegally is fundamentally why OJ Simpson (images below) is serving a term for armed robbery east of Reno in Nevada - and in that case he considered the property he was robbing at a Las Vegas casino hotel was actually his own.

In his case his wife and a friend were found slashed to death at her home a mile or two from his. Simpson nearly fled the country before trial, then he won an acquittal at criminal trial, and then he was convicted at a wrongful-death civil trial. Wikipedia explains.

On February 5, 1997, a civil jury in Santa Monica, California, unanimously found Simpson liable for the wrongful death of and battery against Goldman, and battery against Brown. Daniel Petrocelli represented plaintiff Fred Goldman, Ronald Goldman’s father. Simpson was ordered to pay $33,500,000 in damages. In February 1999, an auction of Simpson’s Heisman Trophy and other belongings netted almost $500,000. The money went to the Goldman family.

To avoid ever making any of the required payments to the Goldman family, Simpson squirreled assets and income away.

The items he wanted back at the point of a gun at the Palace Station hotel and casino would have been worth a lot. But instead this foolish financial crime could cost him up to 33 years.

Our take is that Sollecito may have squirreled away some of his gains, and Knox may have squirreled away much more. US law enforcement is capable of finding those payments if asked and if Knox’s family and paid help don’t press her to cough up.

Hopefully it will be made to sink into that Knox’s panhandling (she is still at it via her website via Paypal) was not such a good idea.















Friday, August 08, 2014

False Claims By Amanda Knox & The Book Team May End Up Costing Them Millions

Posted by Our Main Posters

Book agent Robert Barnett forgets to exult about marketing the defamatory Amanda Knox book

True Costs Of The PR Bandwagon

Not solely for crimes of her own making, but there is a potential $10-million-plus bill that Knox & co may be stuck with.

  • $5-plus million in costs and damages awarded against her by the Massei trial court and confirmed by the Nencini appeal court, incuding unpaid damages of nearly $100,000 to Patrick which Cassation already rendered final.

  • $4 million for the book payment arranged in seeming defiance of Italian and American bloodmoney laws (called Son of Sam laws in the US), big bucks in financial donations from other misleading fundraisings (see the Knox website), and yet more big bucks for civil damages (see one defamation action described in the post under this one.)


A Self-Damaging Trend

It seems Amanda Knox can be extremely hard to shut up. Back in 2008 Knox’s own Perugia lawyers had to ask her publicly, via the media, to please shut up and stop inventing things.

After her conniption at Perugia’s central police station on 6 November 2007 she not only insisted on writing out three statements, she also babbled for large parts of the next five hours.  That was despite attempts to calm her down with camomile tea and carbohydrates.

Then came her two calamitous days in mid 2009 on the witness stand (see more below) and her leaked diaries (which actually did nail one malicious lie not her own), and her bizarre video, and multiple reports of her other doings in Capanne, and multiple interviews ever since.

One of which has entrapped Italy’s Oggi as we can see here and here.

A Possible Legal Scenario

Knox’s own lawyers (who dont seem to have read her book in draft) also never backed up any of her claims at trial. Read the transcripts and it is pretty obvious that they were very very careful not to do so.

Even the partisan Judge Hellmann concluded Knox was lying and both he and Cassation confirmed Knox’s three-year prison sentence for calunnia. To that there is no further appeal, and of course the time was served.

The precise timing of the Knox book’s release represents another potential millstone. It came out after Sollecito’s book had been sent to Florence prosecutors for investigations, and also after British and Italian editions were cancelled by HarperCollins’s own lawyers, and also after the Italian Supreme Court reverted Knox’s status to “guilty pending any final appeal” leading to her appeal which failed last January.

Red flags were up all over the place. Even other better-advised American publishers were emitting warnings.

Absent Knox’s team getting good advice and withdrawing, settling, and apologizing, Knox and HarperCollins could be targeted by those Knox defamed. Then HarperCollins could target Mr Barnett and Ms Kulman. Mr Barnett and Ms Kulman could then target Mr Knox and Mr Marriott and Mr Simon.

Finding fault with Knox’s book is like shooting fish in a barrel. See our previous post. Here are ten further examples.

Instances Of False Claims

1. False Claim: Knox On The Framing Of Her Kindly Employer

This is the lie that was universally disbelieved and for which Knox served three years for. See our still-emerging Interrogation Hox series. The objective Italy-based reporter Andrea Vogt is ahead of us on this one.

[Knox] writes that she had a flashback to the interrogation, when she felt coerced into a false accusation. “I was weak and terrified that the police would carry out their threats to put me in prison for 30 years, so I broke down and spoke the words they convinced me to say. I said: ‘Patrick - it was Patrick.’”

In her memoir, she describes in detail the morning that she put that accusation in writing, and says the prison guard told her to write it down fast.

Yet in a letter to her lawyers she gave no hint of being rushed or pressured. “I tried writing what I could remember for the police, because I’ve always been better at thinking when I was writing. They gave me time to do this. In this message I wrote about my doubts, my questions and what I knew to be true.”

2. False Claim: Dr Mignini Portrayed Knox As A She-Devil

During the rebuttals, on December 3, each lawyer was given a half hour to counter the closing arguments made over the past two weeks. Speaking for me, Maria criticized Mignini for portraying Meredith as a saint and me as a devil

Really? Prosecutor Mignini said that? So why did the entire media corps report that it was said by Patrick Lumumba’s lawyer Carlo Pacelli? As the BBC reported:

[Mr Pacelli] added: “Who is the real Amanda Knox? Is it the one we see before us here, simple water and soap, the angelic St Maria Goretti?”

“Or is she really a she-devil, a diabolical person focused on sex, drugs and alcohol, living life to the extreme and borderline - is this the Amanda Knox of 1 November 2007?”

So even Mr Pacelli didnt compare Knox to Meredith, or simply call Knox a she-devil to her face. He asked rhetorically if she was a she-devil or a saint. Not exactly unheard of in American courts.

And remember he was addressing someone who would have been quite happy to see Patrick put away for life, cost him two weeks in a cell, entangled her own mother in a cover-up, destroyed Patrick’s business and reputation world-wide, still hasnt paid him money owed, and for lying about him served three years.

Prosecutor Mignini in fact never called Knox anything at all. We can find no record that he did. Again and again he has denied it. And he had no personal need to prosecute Knox, and certainly no need to frame her, despite many pages Knox devotes to trying to prove the reckless claim that he did.

3. False Claim: Dr Mignini Ascribes Crimes To Satanic Cults

Actually Dr Mignini has been repeatedly seen on Italian national TV saying satanic cults are rare and he has never originated even one such claim.

Dozens of others had suspected and talked about a satanic cult behind the Monster of Florence murders for many years before he investigated one loose end in the case. He did correctly not ascribe those murders to the work of a single serial killer - the man Doug Preston and Mario Spezi seemed to be framing to create for themselves worldwide adulation, only to end up bitter and mean when caught red-handed.

A Sollecito defense lawyer (Maori) emerged from a closed meeting with Judge Matteini and among other heated remarks originated the malicious claim that Dr Mignini was seeing something satanic.

4. False Claim: Knox Portrays Her Success On The Witness Stand

No success to anyone present. Knox devotes many pages to trying to make herself look good on the witness stand at the trial in mid-2009.

But Italians who could follow in Italian in real-time ended up trashing her phony performance up there. Read what they saw here and here.

It didnt convince the Massei court judges or Nencini court judges or the Supreme Court judges - or even the Hellmann court judges, those of the annulled appeal. Knox served three years.

5. False Claim: About Knox’s Medical Examination After Arrest

The objective Italy-based reporter Andrea Vogt reporting.

“After my arrest, I was taken downstairs to a room where, in front of a male doctor, female nurse, and a few female police officers, I was told to strip naked and spread my legs. I was embarrassed because of my nudity, my period - I felt frustrated and helpless.”

The doctor inspected, measured and photographed her private parts, she writes - “the most dehumanising, degrading experience I had ever been through”.

But in the 9 November letter to her lawyers, she described a far more routine experience.

“During this time I was checked out by medics. I had my picture taken as well as more copies of my fingerprints. They took my shoes and my phone. I wanted to go home but they told me to wait. And that eventually I was to be arrested. Then I was taken here, to the prison, in the last car of three that carried Patrick, then Raffaele, then me to prison.”





Amanda Knox (arms up) at one of various concerts she attended in Capanne prison

6. False Claim: Capanne Prison was A Hellhole Of Sin And Debauchery

That opening remark of a book review by the National Enquirer was widely parroted in other American media reports.

Over half of the Knox book is devoted to hammering home this theme. Maybe in a longshot hope that it will help to encourage the U.S. to refuse her extradition.

Italian prison conditions and treatment, Knox claims, were so bad that they made her life miserable. She says that at times she became very despondent, and even claims to have imagined doing away with herself. 

However, Italian prison conditions except for occasional overcrowding are widely considered among the most humane, caring and rehabilitating in the world. Compared to US prison conditions, they are like night and day.

And this almost universal claim of every prisoner everywhere is contradicted by the media on which she and her family worked so hard; by prison staff and official visitors, and even by the US Federal Government itself.

(1) Contradicted by the extensive media reporting

Occasional despondency is not all uncommon among those paying their debt to society. And there is scads of reporting that Knox had adjusted well to prison.

Read all of this BBC report dated 2013 by the objective Italy-based reporter Andrea Vogt. And read this by ABC News after Knox was found guilty in 2009.

Knox said that she felt “horrendous” the night that the verdict was delivered. “She said the prison guards did come in to hold her and make her feel better. She said the other prisoners were good to her,” Thomas said.

The reporter said the prison is “extremely clean.” Knox’s cell, which she shares with another American who has been sentenced on drug charges, is small. “It had a little bathroom with a door, a bidet, a sink, a shower…. better than some of the things I’ve seen at summer camp or boarding school.”

The women inmates are allowed to go to a hairdresser once a week.

The prison is a new facility, just opened in 2005. The women’s ward has an infirmary, an entertainment room with a pool table and ping-pong table, and a library. There is also a small chapel. Outside there is a little playground for children with benches and toys because there are cells specifically for women with children. Currently there are two women in Capanne with children.

It was very widely reported over four years that Knox was given the opportunity to do all these many things rarely encountered in American prisons: Learn the guitar. Read a lot. Watch TV. Study foreign languages.

Do artwork (colored pictures of hands). Attend rock concerts where she was seen leaping up and down (images here). Attend classical concerts. Attend Christmas parties.

Knox even played a major part in the creation of a rock video with a rock group. Unfortunately for her, that video appeared to many to come close to a taunting murder confession.

And on various occasions Knox was quoted as saying prison guards were kind to her.

(2) Contradicted by the US Embassy and State Department

American officials monitored Knox in court and prison and never saw anything that would back up Knox’s claim.

The objective Italy-based reporter Andrea Vogt reporting.

State department cables, released through the Freedom of Information Act, show that between 2007 and 2009, three different high-level diplomats from Rome (Ambassador Ronald Spogli, Deputy Chief Elizabeth Dibble and Ambassador David Thorne) were among those reviewing Knox’s case.

Embassy officials visited regularly. Records show one consular official visited Knox on 12 November, soon after her arrest.  A few weeks later she wrote in her diary how the visits of embassy officials improved her experience….

In 2008 and 2009, she was visited by two embassy officials at a time, six times. Ambassador David Thorne, whose name appears at the bottom of cables in August, November and December of 2009, is the brother- in-law of US Secretary of State John Kerry (at that time chairman of the Senate Foreign Relations Committee).

If the diplomats knew anything of the “harrowing prison hell” Knox was going through (as one paper put it), they are keeping those reports under wraps. Neither Kerry nor any other prominent US politician has made any public complaints. Even today, her Italian lawyers maintain she was not mistreated.

This matters incredibly to Knox because it constitutes the official take of the US Federal Government. It will be front and center of State Department and Justice Department considerations when an arrest warrant for Knox is issued and extradition is requested.

(3) Contradicted by Member of Parliament Rocco Girlanda

Mr Girlanda visited Amanda Knox in prison approximately 20 times for the specific purpose (or so he claimed) of checking her prison conditions. In fact that was the only way he could legally visit her, although oddly enough a book and a number of other pro-Knox actions emerged - even a complaint to the President about the Perugia prosecutors.

After Knox was released late in 2011 Mr Girlanda specifically praised the prison staff in this statement.

Perugia Prison Police The Example of Professionalism.

The PdL Party member of parliament Rocco Girlanda praises the officers of the Perugia prison.

“I’ve had the opportunity to describe to the Minister of Justice, Nitto Palma, the great professional behaviour shown by the Perugia Penitentiary Police with regards to the court case that saw Amanda Knox as protagonist, a behaviour that I had always observed during the course of my visits to the Capanne prison in the last two years.”  So says Rocco Girlanda, Umbrian deputy of the PdL, after the conclusion of the appeal trial of Amanda Knox and Raffaele Sollecito.

“In recent months I have had the opportunity to make dozens of visits to the prison, which also included some of the petitions presented by the senior management of the premises and my commitment in this regard, always finding, that starting from the director Bernardina Di Mario, continuing with the Penitentiary Police commander Fulvio Brillo, up to the entire personnel employed, the helpfulness, the courtesy and their professionalism which allows me to say that Perugia is a model structure on the national landscape, managed and directed in the best way and with a large dose of humanity on the part of the staff employed.”


(4) Contradicted by Knox’s own Italian lawyers

Knox’s lawyers Mr Dalla Vedova and Mr Ghirga visited her again and again during the 2009 trial and 2010 hiatus and 2011 appeal. Knox once again had dozens of opportunities to lodge complaints with them - lawyers who could have initiated Supreme Court action in response.

When Knox was released late in 2011 Mr Dalla Vedova and Mr Ghirga were interviewed by the TV station Umbria 24:

The lawyers: “she never complained about the prison”.

Amanda Knox “has never complained about the conduct/behavior of the prison police supervisor” and “she has never mentioned his name”: to say so are the defenders of the American woman, lawyers Carlo Dalla Vedova and Luciano Ghirga, commenting on what was reported by the tabloid The Sun. “

Ghirga said: “In the diary Amanda never makes the name.”

Della vedova said: “We are grateful to the management staff of Capanne prison for their cooperation even given to the family’s requirements. Amanda has never reported violations against her.”

“She absolutely has received the correct treatment and the outmost solidarity, within compliance, especially in the prison’s female section.”


(5) Contradicted by prison guards and other inmates

In some interviews, the reporter Sharon Feinstein captures a view of a difficult, narcissistic, uncaring Amanda Knox which is very commonplace around Perugia. The real faults lie with Knox, in effect.

7. False Claim: About Knox’s Persona And Mood Swings In Prison

The objective Italy-based reporter Andrea Vogt reporting.

She says she was often suicidal, but recollections of prison staff and other inmates differ. Flores Innocenzia de Jesus, a woman incarcerated with Amanda in 2010 described Knox as sunny and popular among the children who were in Capanne with their mothers, and recalled her avid participation in music and theatrical events. She also held a sought-after job taking orders and delivering goods to inmates from the prison dispensary.

“Most of the time when we spoke during our exercise break, the kids would call her and she would go and play with them,” de Jesus told me.

American officials monitored Knox in court and prison and never saw anything that would back up Knox’s claim.

8. False Claim: Negative Attitudes Displayed By The Prison Staff

Agian, the objective Italy-based reporter Andrea Vogt reporting.

“The prison staff are really nice,” wrote Knox in her personal prison diary, which was eventually published in Italy under the title Amanda and the Others.

“They check in to make sure I’m okay very often and are very gentle with me. I don’t like the police as much, though they were nice to me in the end, but only because I had named someone for them, when I was very scared and confused.”

She described Italian prisons as “pretty swell”, with a library, a television in her room, a bathroom and a reading lamp. No-one had beaten her up, she wrote, and one guard gave her a pep talk when she was crying in her cell.

Unlike the heavily-edited memoir, these are phrases she handwrote herself, complete with strike-outs, flowery doodles, peace signs and Beatles lyrics.

9. False Claim: The Positive HIV Result At Capanne Was Malicious

The objective Italy-based reporter Andrea Vogt reporting.

Both accounts also refer to the devastating but erroneous news from the prison doctor that she had tested positive for HIV, although her diary presents a more relaxed person at this point. “First of all, the guy told me not to worry, it could be a mistake, they’re going to take a second test next week.”

We also know that it was Knox’s own team who leaked the HIV report and list of sex partners she herslf chose to create. Not the doctor or anyone else. No malice was intended, that is clear, despite her claims.

10. False Claim? Knox Was Pressured For Sex By A Prison Guard

One of Knox’s prison claims actually names a now-retired senior prison guard who Knox claimed often asked her for sex. There are no witnesses, but he is now suing Knox for libel and Knox herself seems to have wrecked any defense..

Knox made the claim but in a far weaker form in 2011. Then as CBS reported she had in fact concluded the guard was not even serious about sex. He was seeking to understand her.

Investigative journalist and CBS News Consultant Bob Graham, reading from Amanda’s letter to him: “”˜He was fixated on the topic of sex, with whom I’d done it, how I liked it, if I would like to do it with him. When I realized that he really wanted to talk to me about sex I would try to change the subject.’”

Correspondent Peter Van Sant: “What does this letter say to you about what she’s been going through?”

Graham: “It says in a time when she was clearly traumatized by the events of the death, the murder of her flatmate, that there she was, an innocent abroad, because she was innocent, she is innocent”¦ and here she was being pressured, further pressured in a prison system, a system that at least she should have had some degree of safety.”

Graham, reading Amanda’s letter: “I realize that he was testing me to see if I reacted badly, to understand me personally. He wanted to get a reaction or some information from me. I did not get the seriousness of the situation.’”

Knox’s claim about pressure for sex seems to have left Italians contemptuous. Yet more lies from knox, the Italian Il Giornale labeled it.

Have a good weekend, guys. Hit the law books.


Friday, July 18, 2014

Seeds Of Betrayal: Multiple Examples Of How RS And AK Have Stabbed Each Other In The Back

Posted by Our Main Posters

RS in Feb 2014 after Nencini-appeal guilty verdict

1. History Of Backstabbing #1 2007-2014

The other day, a claim was posted that claimed sources had said Knox would soon accuse Sollecito.

This inspired quite an outcry, and the claim’s heavy-handed suppression. Can you believe: by legal means? That claim really rattled a few cages.

Why was the claim so dangerous?

NOT because the claim was wrong. In fact because for seven-plus years Sollecito and Knox have repeatedly cycled between very occasional chummy hugs and very numerous aggrieved stabs in the back.

And for the most part the more-aggrieved Sollecito has come out ahead. The desperate Knox PR and apologists are simply stumped at how to stop him or how to explain all of this.

2. Phases And Kinds Of Backstabbing

We are now seeing the fourth phase.

  • In 2007 (see below) Sollecito really damaged Knox’s situation and both stabbed the other in the back a lot.

  • From 2008 right through 2011, desperate for confirmation of an alibi, an anxious Knox beamed pleas at a sullen Sollecito, for example in public “love letters” she wrote, and a public request to have a private chat.

  • From 2012 upon provisional release it was now Knox being sullen, and hard to get. Now it was Sollecito in puppy-dog mode. He might have been driven by a genuine desire for a renewed relationship, but a highly publicised bid to set himself up safely in the US maybe made Knox wonder “Is this was true love?”.

  • And from mid 2013 mutual knifings have been fast and furious, many now on Twitter, and Italy in particular is closely watching the show and waits agog as the justice system applies further heat.

The backstabbings break down into two varieties: (1) many are active-aggressive (as in: they actually complain about one another); (2) others were passive-aggressive (as in: they try to help themselves but conspicuously ignore the other.) Typically Sollecito’s aggression dominates over Knox’s.

3. Incidences Year By Year

1. The year 2007

Our emerging Interrogation Hoax series quotes multiple witnesses testifying how quickly and decisively Knox and Sollecito in the blink of an eye began dropping the other in it. Posts of relevance soon to be linked-to here.

From 6 November 2007 Knox and Sollecito were kept separated, and were not allowed to talk. (That continued to late 2011.) Sollecito was pretty easy to read: he had little interest in talk. A sulky silence was his norm.

1 Click for Post:  Officer Moscatelli’s Recap/Summary Session With Sollecito 5-6 No

On 6 November Sollecito’s statement to Inspectors Moscatelli and Napoleoni included this about Knox :

I know Amanda for two weeks. From the evening I first met her she started sleeping at my house.

The first of November I woke up about 11.00, I had breakfast with Amanda, then she went out and I went back to bed. I then met up with her at her house around 13.00-14.00. In there was Meredith who left in a hurry about 16.00 without saying where she was going.

Amanda and I went to the [town] centre about 18.00 but I don’t remember what we did. We remained in the centre till 20.30 or 21.00.

I went to my house alone at 21.00, while Amanda said that she was going to the pub Le Chic because she wanted to meet with her friends.

At this point we said goodbye. I went home, I made a joint. Had dinner, but I don’t remember what I ate. About 23.00 my father called me on my house phone line.

I recall Amanda was not back yet.

I web surfed on the computer for two more hours after my father’s phone call and I only stopped when Amanda came back in, presumably about 01.00…

In my previous statement I told a load of rubbish because Amanda had convinced me of her version of the facts and I didn’t think about the inconsistencies.

Yikes. Knox finds her best alibi yanked.

2 Click for Post:  Summarised AK And RS Signed Statements 2-5 November 2007 

Not so long after, possibly knowing about this, Knox comes out with a statement which points at Sollecito in turn.

I don’t know for sure if Raffaele was there that night [during the attack on Meredith] but I do remember very well waking up at my boyfriend’s house, in his bed, and I went back to my house in the morning where I found the door open.

3. [Source to come] Then on 8 November 2007 Sollecito submitted a statement to Judge Matteini which began:

I never want to see Amanda again. Above all, it is her fault we are here.

4. [Source to come] There were multiple further instances throughout the rest of 2007, quotes of which will be included soon in the Knox Interrogation Hoax series.

2. The Year 2008

5. [Source to come] Knox and Sollecito each appealed Judge Matteini’s ruling to the Supreme Court. Neither helped the other at all. Both appeals failed in April and they were each kept locked up.

6. Click for Post: Sollecito Turns On Knox? This Is Extraordinary”¦

In October toward the end of Guede’s trial and RS’s and AK’s remand for trial Sollecito’s DNA expert testifies to Judge Micheli that he found Knox’s DNA on Meredith’s bra and bra-clasp.

7. Click for Post:  Sollecito Family Trial: On The Component About Their Alleged Attempt At Political Interference

Francesco Sollecito phone conversation in March 2008 with Vanessa captured by the Carabinieri in which he shows his extreme distrust and dislike of Knox who he blames for RS’s plight.

3. The Year 2009

8. Click for Post  The Letters Between The Women’s And Men’s Wings In Capanne

Letters sent from Knox to Sollecito in February are published, showing an eagerness to get together, suggesting she really needs Sollecito to speak up and confirm her latest alibi.

9. Click for Post  Trial: Defendant Noticeably Bubblier Than Meredith’s Sad Friends

This kind of callous, flippant behavior by Knox had the entire court backed off, not least the Sollecito team which had no desire to be chained to this seeming dangerous nut.

10. Click for Post  Sollecito Not To Be Trumped By Knox Antics In The Female Wing Of Capanne

While RS and AK didnt have access to one another they sure had access to the media and in the Italian media a competitive Sollecito posted a steady stream of stories

11. Click for Post  Trial: Knox Claimed Not To Have Been At The House On The Night

Knox suddenly claims this, despite contrary 2007 claims by both Knox & Sollecito, which messes with Sollecito’s alibi that he was at home alone on the computer.

12. Click for Post  Seems Sollecito Is Feeling Really Sorry - For Himself (So What’s New?)

Sollecito tries to give himself an edge over AK by being extra-whiny about how awful he finds prison, and the distasteful little people he was being made to mix with.

4. The Year 2010

13 Click for Post  How Each of The Three Subtly But Surely Pushed The Other Two Closer to The Fire

The Knox team avoided this popular Porta a Porta TV series, maybe too scared of hard questions, while the Sollecito lawyers and family used it to promote suspicion of AK and Guede.

14. Click for Post  Newsweek Report From Italy On Damage Shrill Campaign Is Doing To Knox’s Interests & America’s Image

The shrill Knox campaign was irritating Italians and so hurting Sollecito’s image and prospects and it was not shoring up his own story. Bongiorno especially disliked the campaign. 

15. Click for Post  Rocco Girlanda’s Strutting Manic Grinning Intrusion Seems A Major Danger To Sollecito/Knox Harmony

The strangely kinky Member of Parliament (now voted out) paid numerous visits to Knox (“monitoring conditions”) and tried some nasty (though ineffective) political tricks - but not for Sollecito.

16. Click for Post  The Knox Movie: Sollecito Reported Angry - Real Risk That His Defense Could Break Away From Knox’s

The Sollecito camp had a strong belief that the Knox camp was behind this TV movie and so they fought it, though it turned out quite even-handed and the RS role was minor.

5. The Year 2011

17. Click for Post  Sollecito Defense Team Breaking From Knox Defense Team On Legal Measures To Stop Lifetime Movie

Further differences reported here between the two camps on the Lifetime movie which until it was aired was believed to favor Knox and build a case for her innocence.

18. Click for Post  Tenth Appeal Court Session: Might Today’s Testimony Give Sollecito More Of An Advantage Than Knox?

After his team’s (attempted) discounting of the main evidence at Meredith’s house against Sollecito, Knox’s position looks way worse, as she has motives both for killing and cover-up.

19. Click for Post  Is The Raffaele Sollecito Defense Team About To Separate Him From A Radioactive Amanda Knox?

Final days. Sollecito has at least five advantages over Knox. Better lead lawyer, better family in Italian eyes with smarter campaign, not much physical evidence at the house, no obvious motive unlike Knox, and a weak and washy personality Bongiorno plays up.

6. The Year 2012

20. Click for Post  In Desperation A Council Of War? All Of The Sollecito Family Suddenly Hop On Flights To Seattle

Sollecito is the one now in puppy-dog mode, though his father has said publicly that the relationship with Knox is at an end; here the RS family sets out for Seattle to try to make it so. 

21. Click for Post  Sollecito’s Book Honor Bound Hits Italy And Already Scathing Reactions And Legal Trouble

Sollecito’s book, which subtly promotes Knox’s guilt, runs into legal trouble for false claims, which could also impact Knox’s claims and legal future. His seeming sticking with Knox damages Bongiorno’s defense strategy.

22. Click for Post  Will Sollecito Drop Amanda Knox In It Further In A Public Seattle Interview At 7:00 PM Tonight?

Sollecito’s American book promotion tour often went badly and he seemed unaware of what was in his own book; though once again he was making out Knox was guiltier. His defense team despise the book.

7. The Year 2013

23. Click for Post  Knox & Sollecito Meet - To Attempt To Bury The Hatchet Other Than In Each Other?

The second public Sollecito attempt to end up with Knox, who already had chips on her shoulders about him but went through this charade. Soon, they were back to whacking one another.

24. Click for Post  Seeds Of Betrayal: Sollecito Twice More Implies Evidence Against Knox Much Stronger Than Against Him

Sollecito sustains this steady drum-beat of putting Knox down, highlighting the evidence against her, repeatedly saying he stuck with her despite no evidence against him (no deal helping RS was ever offered).

25. Click for Post  Seeds Of Betrayal: In Interview Knox Reveals To Italy Her Considerable Irritation With Sollecito

Knox does an extended interview with Oggi (for which she and Oggi are being charged) lying about officials and the evidence, but also uttering her angriest blast yet against Sollecito.

8. The Year 2014

26. Click for Post  Rejected Yet Again By Knox, Sollecito Seems Frantic To Avoid What Might Be A Final Return To Italy

Sollecito (like Sforza) was desperately looking for someone to marry him, to keep him in the US. Kelsey Kay was briefly interested, but he dumped her; he had told her Knox had recently turned him down.

27. Click for Post  What We Might Read Into Sollecito Lawyer Giulia Bongiornos Final Arguments To The Appeal Judges

Bongiorno shows contempt for Knox; she effectively conveys the sense of the RS family that a crazed Knox dragged RS into this. She see the RS book as a pro-Knox con job by her team.

28. Click for Post  As Knox & Sollecito Try To Separate Themselves, Each Is Digging The Other In Deeper

Sollecito is clearly trying to distance himself from Knox now, claiming that there is far more evidence against her than against him. Knox’s irritation with him is growing.

29. Click for Post  Sollecito Suddenly Remembers He Wasnt There But Cannot Speak For Knox Who (As She Said) Went Out

Members of Sollecito’s family are believed to be taking their anger at Knox to Twitter and making numerous taunts while emphasizing how they believe Sollecito was dropped in it by Knox and is less to blame.

30. Click for Post  Spitting In the Wind: Sollecito News Conference Backfires On Him AND Knox - What The Media Missed

Really irritated at the US-written RS book, Bongiorno goes a long way to separating the two perps in the minds of Italians; however RS hedges a little though, after having said the evidence points only to Knox.

4. Interim Conclusion

There were also myriad instances of mutual put-downs in their two books. Public squabbles post-2014 will soon be linked-to. The war by other means also continues on Twitter. Briefly it hit the bathshit-crazy Ground Report website.

This feud is obviously driven mostly by Sollecito. Much damage to Knox is already done, and Italians adamantly want her put away. A brighter family and paid team might now be saying “It is time for a Plan B and doing something to warm up Italy”.


Friday, July 04, 2014

The Status Of The Various Computers In The Case And Whether Anything Nefarious Happened To Them

Posted by Sallyoo



Trial court 2009 on one of several days computer and internet activity was testified to

1. Computer use as high-stakes evidence

There have been many arguments about computers during the case.

They began at the very beginning, and there is even now, in the final appeal by Sollecito to the Court of Cassazione, one remaining somewhat fantastical theory.

The facts surrounding the computer evidence collected by the prosecution have been obfuscated and contradicted by the defence using exactly the same techniques as have been used about the DNA and other forensic evidence in the case.

Blind the court (and the public) with hypotheses which very few people can follow, and use this ignorance to spread confusion and doubt.

Let’s try to shed some light.

2. Five key computers, plus

We know that Sollecito is pretty familiar with computers, he had two at the time, a MacBook and an Asus [1],  both portables.[2]  His apartment had a decent broadband connection, supplied, (using the Telecom Italia infrastructure) by Fastweb.

We know that both of these computers were sequestered from his apartment on the morning of Nov 6 2007, when Sollecito accompanied a squad of policemen despatched to search his apartment.

We know that the police removed, (on Nov 7), from the house in Via Della Pergola (where there was no telephone nor broadband service) a MacBook belonging to Meredith, a Toshiba belonging to Knox, and a portable computer belonging to Laura Mezzetti.

The police also took an HP portable from Lumumba’s apartment.

There is even another computer which the police already had possession of, and that is a Sony portable belonging to Filomena Romanelli. This computer Filomena herself had taken away from her bedroom shortly after the discovery of the murder, and which the questura, in the evening of Nov 2, required her to hand over to them because it formed part of the ‘crime scene’.

3. The police HD analysis begins

On Nov 13 a postal police technician (Marco Trotta) received a box containing five computers (two from Sollecito, Knox, Meredith and Lumumba).

On Nov 15, in the presence of Formenti, (a consultant nominated by the defence) Trotta took them apart (removed the hard disks) and attempted to make copies of the data recorded on them.

This is the point at which it is alleged the destruction of three hard disks occurred.

It is difficult to believe that this is the case. Not only because the equipment used had never before (or since) managed to trash a hard disk (and it had no problems with Lumumba’s disk) but also because of the state of Filomena’s computer, which never got anywhere near Trotta.

All of the computers had of course been in the hands of the squadra mobile for some days before being consigned to Trotta, allowing for the possibility of some earlier interference by some malfeasant policeman.

This isn’t likely, not only because Trotta insists that the computers were complete and superficially undamaged, and the hard disks factory sealed when he dismantled the computers, but also because of Filomena’s computer.

4. Filomena’s Sony machine

It is now time to go a little deeper into the history of Filomena’s Sony.

This was a fairly new machine, which she kept in a substantial computer carrying case. It was working perfectly on Oct 30 when she last used it. She had left it in her bedroom, the case standing upright beside her bed, when she went off to spend the brief holiday with her boyfriend.

She found it, still in the carrying case, lying flat in a pile of stuff under the broken window of her disturbed bedroom. [3]

The defence commissioned a Computer Expert Report, entered during the Massei trial, which talked about the reason for the data being irrecoverable on the three computers’ disks.

Their conclusion was that the electronic circuitry controlling the hard disks had, in all three cases, suffered damage, most probably due to an electrical overtension. The circuitry had been ‘fried’.

They were unable to be certain how or when this might have occurred, or to opine on whether it was deliberate.

Filomena, in the presence of Gregori, (another communications police officer), at the Questura on the evening of Nov 2 attempted to turn on her Sony. It wouldn’t work. The hard disk would not respond properly.

When she got it back on Dec 18 and gave it to a private computer technician, he said the control circuitry on the hard disk is ‘fried’. Exactly the same fault as had occurred on the other three, which we are expected by th defense to believe was either a deliberate piece of police sabotage, or proof of police incompetence.

5. The Sollecito computers

The important computers, of course, are those owned by Sollecito because he is, even now, still trying to force an alibi out of them.

The MacBook has been accurately interrogated to death, most particularly by a defence expert named Antonio d’Ambrosio who gave very clear testimony at Massei on 26 Sept 2009.

He was even generous enough to acknowledge that the investigations carried out by the postal police were correct, and well interpreted, and that he was able to uncover a little more information simply because he wasn’t limited by forensic protocols (and could therefore reveal information not visible to the Encase software used by the police) when he examined a copy of the cloned disk from the Mac.

Basically the only ‘news’ in this interesting testimony was an interaction with the Apple website at 00.58 on Nov 2, which he did consider a human interaction with the computer. 

6. Activity on the Internet

Sollecito maintains he spent the whole evening and night in his flat. At first his story was that he was sending e-mails and surfing the web. This was quickly demolished by reference to the IP log supplied by Fastweb, the broadband supplier.

It’s necessary to get slightly technical here.

Most of what we call The Internet, and certainly everything which is called The Worldwide Web, including e-mail clients, subscribe to a protocol which (in shorthand) means everything is a Port 80 request.

The individual computer, via its router, contacts the ISP (Fastweb, in this case) and identifies itself by means of a unique IP address. The ISP then directs the communication to the IP of the website requested.

This is all recorded on the Fastweb network. It is certain that no Port 80 requests were made from Sollecito’s apartment (whichever computer he may have been using) between 18.00 on Nov 1 and 00.58 on Nov 2. 

There are parts of the international communications network which don’t use Port 80 protocols. The most ‘innocent’ of these are Peer to Peer (P2P) networks ““ in widespread use for distributing and downloading music and video files.

Sollecito certainly availed himself of these services, using a program called Amule on his Mac. He had a folder containing downloaded files, which was accessible to the program, and thus also accessible to anyone in the world who wanted a copy of something which Sollecito had in this shareable folder on his computer.

If he wished to save the file for posterity, he would move or copy it from this accessible folder into his own archive.

Video files are large, and they take a long time to download. Clearly, to download a file, or to make your publicly accessible folder available, the computer has to be turned on and connected to a router.

If you use these file sharing services extensively, it implies that you keep your computer turned on and connected all the time. It seems likely that this was Sollecito’s habit.

Clearly, you need to automate this sort of transfer ““ often a large file will be accessed in part from one remote computer, and another part will be located on another remote computer ““ so you simply instruct Amule to get you a film, or a list of films, and you can walk away from the computer.

Even D’Ambrosio is unable to be certain that a human interaction occurred at 21.26 on Nov 1, or whether a pre-requested download of Naruto commenced.

However, no IP addresses are exchanged when connecting to a P2P network, and so it is impossible (from ISP records) to trace any traffic.

It is possible though, from the hard disk, to discover what has been downloaded and saved to a computer on a P2P network, and exactly when ““ but to distinguish an automated process from a user instigated one is not possible.

7. Computers and Hellmann appeal

Now we move onto the Hellmann appeal, where a report from this same consultant D’Ambrosio was accepted into the case files. I haven’t been able to find this report, and Judge Hellman doesn’t even refer to it in his sentencing report.

However, the gist of this D’Ambrosio report is included in the current ricorso (appeal) from Sollecito to the Court of Cassazione.

8. Computers and Cassation appeal

We hear a bit about screensaver behaviour, and quite a lot about post Nov 1 interactions overwriting earlier actions.

The major ‘fresh’  theory now depends on asserting (more than four times in the ricorso) that the postal police destroyed Sollecito’s Asus, and that this action has meant that Sollecito’s alibi cannot be proved.

The lack of any signs of interaction on the Mac can be explained (so we are informed) by the Mac and the Asus being networked together, using a file sharing utility named Samba, and if the (broken) Asus could have been accessed it might have shown that it had been controlling the Mac.

So the Mac would have been doing things at the command of its owner, but because the owner was interacting with the keyboard of the Asus rather than that of the Mac, these actions are undetectable on the Mac.

This is what we are now being asked to believe.

9. Conclusion and way forward

I think this is an accurate summary of the relevant parts of ‘computer evidence’ discussed, or deposited, during the hearings and in the ricorso.  I look forward to any comments, clarifications, corrections, but above all, to any new theories about how and when the four hard disks got trashed.

From other sources there are an additional two hints at possible new or ignored evidence:

The BBC reported, on 14.03.2009, the following sentence. “A second computer belonging to Mr Sollecito also showed no activity but the suspect had himself admitted it had been broken before the crime was committed.”  [4]

And then we have Sollecito, in his prison diary of 11.11.2007, being rather more than aware that his computer is not going to be useful to him as an alibi.

I have been very anxious and nervous in the last few days, but to see my father who tells me “do not worry, we will get you out” makes me feel better. My real concerns are now two: the first one derives from the fact that, if that night Amanda remained with me all night long, we could have (and this is a very remote possibility) made love all evening and night only stopping to eat… it would be a real problem [casino] because there would be no connections from my computer to servers in those hours…

No connections in those hours? Hmmm.

10. My references

[1] This computer is sometimes referenced as an Acer. In Trotta’s testimony (he is reading from notes) it is listed as an Asus, so I have used this name. There is only one computer whether it’s an Asus or an Acer.

[2]  There is a reference to a non portable computer in Sollecito’s apartment (in the testimony of Popovic). This is the only mention of any non-portable (i.e. desktop or tower cased machine with separate monitor).  Given the position from which Popovic saw the screen (on a desk, with Knox sitting in front of it) it seems likely that she was mistaken.

[3]  Amanda Knox frequently refers to seeing Filomena’s computer on her desk after the ‘break in’. At one point in her testimony she changes her mind and corrects herself to change the computer to camera.

[4]  http://news.bbc.co.uk/2/hi/uk_news/7943828.stm I have not found another source for this comment.


Wednesday, July 02, 2014

Amanda Knox Left Sollecito’s House By Herself? Both Claimed It But Neither Of Their Books Back It Up

Posted by Our Main Posters




1. Current Contexts Of Sollecito’s And Knox’s Books

Neither book is exactly riddled with truths.

The claims throughout Sollecito’s book are soon to be the subject of a trial in Florence and the claims throughout Knox’s book are soon to be the subject of a trial in Bergamo. So both will need to endorse or reject what they wrote.

Plus Knox will need to endorse or reject this, from the first unforced statement she insisted on making without a lawyer on 6 November 2007. This is what Sollecito is gleefully using against her now.

Last Thursday, November 1, a day on which I normally work, while I was at the house of my boyfriend Raffaele, at around 8:30 pm, I received a message on my cellular phone from Patrik, who told me that the premises would remain closed that evening, because there were no customers, and thus I would not need to go to work.

I responded to the message by telling him that we would see each other at once; I then left the house, telling my boyfriend that I had to go to work. In view of the fact that during the afternoon I had smoked a joint, I felt confused, since I do not frequently make use of mind-altering substances, nor of heavier substances.

I met Patrik immediately afterward, at the basketball court on Piazza Grimana, and together we went [to my] home.


2. From Sollecito’s Honor Bound (Simon & Schuster 2012)

Amanda and I smoked a joint before leaving the house on Via della Pergola, wandered into town for some shopping before remembering we had enough for dinner already, and headed back to my place. Shortly before six, a Serbian friend of mine named Jovana Popovic rang the doorbell and asked if I’d mind driving her to the bus station at midnight to pick up a suitcase her mother was sending. I said that would be fine. When she left, Amanda and I sat down at the computer to watch a favorite movie, Amélie.

We had to stop the film a few times as the evening wore on. First, Amanda got a text from Patrick telling her it was a slow night because of the holiday and he didn’t need her to come in after all. It was like getting an unexpected snow day””we were thrilled. Amanda texted back: Certo ci vediamo più tardi buona serata! Sure. See you later. Have a good evening.

Then my father called. He and Mara had just seen the Will Smith movie The Pursuit of Happyness, and he told me how beautifully it portrayed the relationship between a father and his son. My father was always making phone calls like this. It was sweet that he wanted to share his experiences, but he also made everything he said sound vaguely like an order, as if laying out the parameters of how I should react to things before I’d had a chance to form my own opinion. But he never stayed on the line for long””he is too nervy and impatient””so I listened calmly and the call was over in less than four minutes.

In the meantime, Jovana dropped by again and told Amanda that I didn’t need to drive her to the bus station after all. Now we didn’t have to leave the apartment. The evening was ours, and we couldn’t have been happier. We switched off our cell phones, finished watching Amélie, and discussed what to make for dinner…

When Amélie ended, I went into the kitchen to take care of some dishes left over from breakfast before we started making dinner. I soon realized that water was leaking out of the pipe under the sink, and I cursed under my breath. I’d had a plumber come and fix the sink just a week earlier, and he had made me buy all sorts of replacement parts that clearly were not put together properly. I suspected he had left them loose on purpose to force me to pay for another visit. As Amanda and I threw kitchen towels onto the puddle on the tile floor, I decided I was going to let my landlady deal with it from now on.

“Don’t you have a mop?” Amanda asked. I did not. She offered to pick one up from Via della Pergola the next morning and bring it round.

We cooked a fish dinner, did our best to wash the dishes again, and tumbled gratefully into bed in each other’s arms. Only later, when I lay in the dark, unable to sleep, did it dawn on me that Papà  had broken his usual habit of calling to wish me good night.

It turned out he did so out of consideration. He had been about to pick up the phone when my stepmother talked him out of it. “Stop bothering him,” Mara said, as they got ready for bed around eleven o’clock. “He’s with Amanda, and they want to be alone. Why don’t you send a text instead?”

My father took her advice, but because my cell phone was turned off, I didn’t receive the message until six the next morning.

It was a desperately unlucky combination of circumstances. If my father had tried my cell and then called me on the home line””which he would have done, because he’s persistent that way””I would have had incontrovertible proof from the phone records that I was home that night. And the nightmare that was about to engulf me might never have begun.

My father called my landline a little before nine thirty the next morning to make sure we would be ready for our day trip to Gubbio. I was too groggy to talk. I’d been up several times in the night””listening to music, answering e-mail, making love””and wanted only to go back to sleep. Amanda got out of bed and said she was going home to shower and change her clothes, so I walked her to the front door, gave her a kiss, and crawled back under the covers.


3. From Knox’s Waiting To Be Heard (HarperCollins 2013)

Raffaele and I were good at being low-key together. We chilled out in the common room and smoked a joint while I played Beatles songs on the guitar for an hour or so. Sometime between 4 P.M. and 5 P.M., we left to go to his place. We wanted a quiet, cozy night in. As we walked along, I was telling Raffaele that Amélie was my all-time favorite movie.

“Really?” he asked. “I’ve never seen it.”

“Oh my God,” I said, unbelieving. “You have to see it right this second! You’ll love it!”

Not long after we got back to Raffaele’s, his doorbell rang. It was a friend of his whom I’d never met””a pretty, put-together medical student named Jovanna Popovic, who spoke Italian so quickly I couldn’t understand her. She’d come to ask Raffaele for a favor. Her mother was putting a suitcase on a bus for her and she wondered if he could drive her to the station at midnight to pick it up.

“Sure,” Raffaele said.

As soon as she left, we downloaded the movie on his computer and sat on his bed to watch it. Around 8:30 P.M. I suddenly remembered that it was Thursday, one of my regular workdays. Quickly checking my phone, I saw that Patrick had sent me a text telling me I didn’t have to come in. Since it was a holiday, he thought it would be a slow night.

“Okay,” I texted back. “Ci vediamo più tardi buona serata!”””“See you later. Have a good evening!” Then I turned off my phone, just in case he changed his mind and wanted me to come in after all. I was so excited to have the night off that I jumped on top of Raffaele, cheering, “Woo-hoo! Woo-hoo!”

Our good mood was only elevated when the doorbell rang again at 8:45 P.M: Jovanna had come back, this time to say that the suitcase hadn’t made the bus and that she didn’t need a ride after all. With no more obligations, we had the whole rest of the night just to be with each other and chill out.

After the movie ended, around 9:15 P.M., we sautéed a piece of fish and made a simple salad. We were washing the dishes when we realized that the kitchen sink was leaking. Raffaele, who’d already had a plumber come once, was frustrated and frantically tried to mop up a lot of water with a little rag. He ended up leaving a puddle.

“I’ll bring the mop over from our house tomorrow. No big deal,” I said.

Raffaele sat down at his desk and rolled a joint, and I climbed into his lap to read aloud to him from another Harry Potter book, this one in German. I translated the parts he didn’t understand, as best I could, into Italian or English while we smoked and giggled.

Later, when we were in bed, our conversation wound its way to his mother. His dad had divorced her years before, but she’d never gotten over the break. In 2005 she had died suddenly. “Some ¬people suspect she killed herself, but I’m positive she didn’t,” Raffaele said. “She would never do that. She had a bad heart, and it just gave out. It was horrible for me””¬we were really close””¬and I miss her all the time.”

I felt terrible for him, but it was hard for me to relate. The only person I knew who had died was my grandfather, when I was sixteen. I felt sad when my mom told me, but my grandfather had been old and sick, and we had expected his death for a few weeks.

I’m sure Mom and Oma must have cried, but my strongest memory is sitting around the dining room table telling funny stories about Opa. My grandmother’s message””that grieving was something you did in private; that you didn’t make public displays and you kept on moving forward””had remained with me.

Hearing the pain in Raffaele’s voice, I hurt for him. Nestling my head on his chest, I tried to be comforting.

As we started kissing, Raffaele gave me a hickey on my neck. We undressed the rest of the way, had sex, and fell asleep.

We’d known each other for exactly one week and had settled so quickly into an easy routine that one night seemed to melt happily and indistinguishably into the one that came after.

We planned to break our routine the next day, All Souls’ Day, by taking a long drive into the countryside, to the neighboring town of Gubbio. The November 2 holiday wasn’t usually observed with as much fanfare as All Saints’ Day, but since it fell on a Friday in 2007, a lot of people, including us, were turning it into a four-day weekend. I thought, Italians having a good time again. And I couldn’t wait.

 


Thursday, April 10, 2014

Sollecito Takes On A New Lawyer To Help Him Work His Way Past The Minefield That Is His Book

Posted by Peter Quennell



Raffaele Sollecito retained Alfredo Brizioli after he burned his trial lawyers in his book


Both Sollecito’s book and Knox’s book seem to have the primary purpose of poisoning public opinion against the courts.

The serious charges Sollecito and Knox will probably face for those books are of three kinds: (1) the contempt-of-court misrepresentation of the Italian justice system itself; (2) the obstruction-of-justice twisting of the evidence in the case; and (3) the claims of crimes committed by numerous career police and prosecution officials.

If false, in effect a gigantic frame-up that leaves Knox’s framing of Patrick in the dust.

At the eighth session of the Florence appeal court back in January, Giulia Bongiorno engaged in a day-long summation which was peculiar, to say the least.

Like Sollecito and Knox in their books, Giulia Bongiorno seemed to be attempting to put the justice system and investigation and prosecution in the dock.

If false, another gigantic frame-up that leaves Knox’s framing of Patrick in the dust.

Bongiorno’s rant didnt seem to help Sollecito in undermining any of the hard evidence in the case, and it left the judges visibly unmoved. But it was notable how closely it resembled the rants on the justice system and its officials by Sollecito himself in his book. See the examples in the post below.

There are some complex later passages in Sollecito’s book and some recurring themes that we will analyse which would seem impossible for Sollecito to write about in such detail without the extensive help of a lawyer who was in the court.

Who precisely was that?

Reports from Italy now state that Alfredo Brizioli, not Giulia Bongiorno, will be the lawyer the Sollecitos choose to respond to the investigating prosecutor’s report on the book. Perhaps Mr Brizioli (who right now is himself on trial for obstruction of justice in another case) can try to negotiate a way for his client to spread the blame before the charges are set in stone.

The Sollecitos seem weak. Alfredo Brizioli seems weak. Giulia Bongiorno seems weak. And Knox also seems weak - if Sollecito is ever going to back away from Knox (perhaps to try to claim the final murderous stab of Meredith was solely Knox’s crazed idea) there is just this one last chance.

We in no way favor Sollecito getting off lightly without recanting. We do want to point to the potential fireworks a smart prosecution has engineered that might help achieve this.

Although there was a sort of bidding war for both books, not every publisher, having seen what was to be in them, was eager to join in. Some did sit on the sidelines. 

Withdrawing the two books ASAP might be the smart move. The mood in the book industry in New York, where both publishers have their HQ’s, seems to be that that move could be the wisest.




Monday, April 07, 2014

Italy Pushes Back On False Claims In Sollecito Book: 20 Examples Of What He Must Defend In Court

Posted by Our Main Posters



[Florence prosecutor Gianbartolomei will announce RS charges later this month]

Many posters contributed to this analysis and to what is to come. Special thanks to James Raper and Sara, and also to Vivianna, Yummi and Kermit.

1. Sollecito’s blood-money book gets published

Sollecito’s hapless book Honor Bound was released in English on 18 September 2012.

Within ten days all of Italy knew that the book was a crock.

Bruno Vespa, the persistent host of Porta a Porta, Italy’s most popular crime show (for the equivalent of which American TV cries out) forced Sollecito’s father in national prime-time to admit that at the core of the book was a huge lie.

Other claims about the case and the officials were shown to be wrong too.

Smarter people than Sollecito’s help in the US (Andrew Gumbel and Sharlene Martin, later John Q Kelly, and Simon & Schuster) might have put the brakes on until they got the truth straight and a revised version out.

But no, a media blitz was all ready to roar. The blood-money couldn’t wait.

Huge numbers of professional book reviews and Amazon reader reviews swallowed Sollecito’s claims in the book whole. The nastiness toward Italy and its justice system and officials was ratcheted onto a whole new plane.

2. Needless to say, official Italy did take note

For the legal reasons explained in this key post an investigation by the Florence Chief Prosecutor’s Office was mandated to begin.

In that same post it was warned that for the period the investigation would require, it would be taken below the radar, so that the Sollecito defense team would have no way to respond through dishonest PR or legal dirty tricks.

A not-unsurprising result of that stealth move was that in the meantime, in the last year, very full of themselves and feeling no constraint, Sollecito and his team went hog-wild in adding more crazy claims.  And still more.

3. Now the investigation is complete

Now Prosecutor Gianbartolomei has issued his announcement of the conclusion of his investigation. The content of the notice is at present confidential except to the defenses.

As Yummi reports, from this point on, the defense has 20 days to say something, such as to request that Sollecito be interrogated or allowed to declare or explain something.

Then the prosecution will file charges against Sollecito and Gumbel, and possibly Sharlene Martin and Simon & Schuster, their careless publishers in New York.

Which precise false claims Prosecutor Gianbartolomei has made the target of his report we do not know. But this is a target-rich environment, that is for sure:

Consider for starters these 20 false claims which, believe it or not, all appear in the first seven pages of the book.

4. Twenty False Sollecito Claims

1. That Italian justice authorities took the easy way out

This is the story of two ordinary people who stumbled upon an extraordinary circumstance, the brutal murder of a British student in Italy. Neither Amanda Knox nor I had anything to do with the crime, but we came perilously close to spending the rest of our lives in prison because the authorities found it easier, and more convenient, to take advantage of our youth and inexperience than to mount a proper investigation.  It’s that simple. And that absurd.

No advantage was taken of them. The two stood out very sharply from all the others of similar age, and of similar inexperience (whatever that means). They did and said dozens of things in the early days that set them sharply apart.

They were interrogated quite fairly, the Italian media was not especially hard, Dr Mignini never ever leaked, and they had lawyers and family handy at every turn after they were arrested. They each gave the authorities less than zero help - they tried to lead them off on wild goose chases, for example the false claim AK made against Patrick and dozens of other false claims, and apparently tried to finger yet another north African, Hicham Khiri, in a conversation they clearly knew was being recorded.

A “proper” investigation was indeed done. Simply read through all the posts on the trial here in the first half of 2009, and the prosecutor’s excellent summations, and you will see what a smooth comprehensive job was done. And the Supreme Court concluded that THREE had to have been involved, from the recreation of the attack and all the wounds on Meredith’s body. AK and RS and their lawyers never came within light-years of throwing real suspicion on anyone else.

2. That the preventive custody was very harsh

On November 1, 2007, Amanda and I were carefree students at the beginning of a cross-cultural love affair in a beautiful Umbrian hill town. Within days, we were thrown into solitary confinement in a filthy prison, without access to lawyers or loved ones, accused of acts so heinous and disturbing we may never be able to banish them from our thoughts, or our nightmares.

Raffaele was sent to preventative prison on Tuesday November 6. Capanne Prison was almost brand-new then, and far from crowded. Cells contain TVs and private bathrooms.

All questioning had been stopped early on 6 November until Sollecito could have a lawyer present. He himself wrote to his father in his “prison diary” on November 7:  “I may see you tomorrow, at least that is what I was told by Tiziano [Tiziano Tedeschi, his lawyer at the time], who I saw today and who defended me before the judge.”

Mr Tedeschi made no complaint about any delay in the first meeting with his new client. In Italy, a judge must determine within 48 hours whether to hold or release detained suspects. Judge Matteini did so meticulously and refused his release.

3. That the prosecution and Italian media demonized the pair

In the newspapers and on the nightly news, we were turned into monsters, grotesque distortions of our true selves. It did not matter how thin the evidence was, or how quickly it became apparent that the culprit was someone else entirely. Our guilt was presumed, and everything the prosecution did and fed to the media stemmed from that false premise.

In the real world, the prosecution fed nothing at all secretly to the media and publicly very little, none of it self-servingly biased. Italian reporting was sporadic and very mild compared to anything one can see said daily about possible perps in the US and UK newspapers and on US TV. Besides, any coverage, which was in part deliberate in the situation as dozens of students were fleeing Perugia, had no influence on anything, neither on the investigation nor the trial.

The Italian system is set up so media can have less influence than almost any other media on any other justice system in the world. The Micheli and Massei sentencing reports show the judges were not unduly influenced even by the lawyers right in front of them, let alone by mild media reports 1 or 2 years before that.

4. That four years were wasted showing where the prosecution went wrong.

By the time we had dismantled the case and demonstrated its breathtaking absurdity [in the annulled Hellmann appeal] we had spent four of what should have been the best years of our lives behind bars.

“We” meaning the defense lawyers did very little in the annulled Hellmann appeal that they hadn’t flailed uselessly against in the trial. Except of course maybe shopping for an inexperience and pliable judge, and for DNA consultants who they could then spoon-feed. Much of the hard evidence they simply kept well away from in the trial and annulled appeal. Such as the extensive evidence in the corridor and bathroom and Filomena’s room, which were all considered parts of the crime scene.

On the other hand, RS’s claim could well apply to what Dr Galati and Cassation did for the Hellman sentencing report. Dismantled the appeal verdict, and demonstrated its breathtaking absurdity.

5. That Knox was made a target because timid Italy was scared of her.

Amanda and I certainly made our share of mistakes. At the beginning we were too trusting, spoke too frivolously and too soon, and remained oblivious to the danger we were courting even after the judicial noose began to tighten. Amanda behaved in ways that were culturally baffling to many Italians and attracted a torrent of gossip and criticism.

An inaccurate and xenophobic remark originated by the American Nina Burleigh, who was having severe culture shock of her own and surrounded only by other foreigners with similar mindsets. What EXACTLY was so baffling about Knox to the very hip Italians? That Knox was pushy, obnoxious, humorless, rather lazy, rather grubby, and not especially bright or funny or pretty?  That she put off Patrick, Meredith, her other flatmates, the boys downstairs, the customers in the bar, and just about everybody else except for the distasteful druggie loner Sollecito?

Read this post by the Italian-American Nicki in Milan. To quote from it “As many of us were expecting, Amanda’s testimony has backfired. She came across not as confident but arrogant, not as sweet but testy, not as true but a fake who has memorized a script, an actress who is playing a part but not well enough to fool the public….. Amanda Knox is not on trial because she is American and therefore too “emancipated”....Italians don’t much like Amanda primarily because they perceive her as a manipulative liar, who is suspected of having committed a heinous crime for which there is a whole stack of evidence.”

6. That Knox and Meredith were really great, great friends.

We were young and naive, unthinking and a little reckless. Of that much we were guilty.  But what we did not do””and could not have done, as the evidence clearly showed””was murder Meredith Kercher.

Meredith was Amanda’s friend, a fellow English speaker in the house they shared with two Italian women just outside Perugia’s ancient city walls. She was twenty-one years old, intelligent, and beautiful. She and Amanda knew each other for a little over three weeks, long enough to feel their way into their new surroundings and appreciate each other’s interests and temperaments. I never heard about a single tense moment between them.

Plenty of other people did know of tensions. Meredith’s family and friends all knew Meredith was finding the noisy dirty lazy loud unfocused Knox and her one-night-stands hard to take.  Her other flatmates found her hard to take. Her employer Patrick found her hard to take. His customers in the bar found her hard to take.  The Lifetime movie got this strident angle pretty straight.

Remember, Meredith enrolled for a full academic load at the main university. Knox in sharp contrast took only one undemanding language course - which anyone could walk into - requiring maybe 10 hours of study a week.  They increasingly did less together. In fact after several weeks nobody was lining up to have anything to do with Amanda Knox.

Seemingly unable to reverse herself, she was headed to being among the least popular of students in Perugia.  It should be recalled that the callous remarks by Amanda Knox about the death of her so-called friend Meredith included “Shit happens”, “She fucking bled to death”, and “‘I want to get on with the rest of my life”.

7. That an intruder knew about the rent money and so murder ensued.

Meredith, of course, suffered infinitely worse luck than we did: she came home, alone, on an ordinary Thursday night and had her throat slit by an intruder hoping to steal the household rent money.

There is zero evidence that this was the case. Knox herself ended up with a similar amount of cash that she has never been able to explain. There is zero possibility that Guede would know that any money was lying around - or not lying around, as it was concealed in Meredith’s drawer.

And take a look at the many images of the brightly lit house at night. There are several dozen other houses behind it in the dark which any smart burglar would have chosen first.  In 2008 two real break-ins occurred at the house - both were in the dark behind the house, which is by far the easiest place to break in.

So much for the spurious lone-wolf theory, which Judge Micheli first ruled out even before trial.

8. That the media got hysterical and portrayed heartless killers.

But the roles could easily have been reversed. If Meredith’s Italian boyfriend had not gone away for the weekend and if Amanda had not started sleeping over at my house, she””not Meredith””might have been the one found in a pool of blood on her bedroom floor. That reality was quickly lost amid the hysteria of the media coverage. But it continued to hover over both of us””Amanda especially””as we sank into the legal quagmire and struggled in vain to overcome the public image of us as heartless killers.

There was zero media hysteria. This silly claim was addressed above. Watch the Porta a Porta YouTubes and dozens of other Italian reports and try to find ONE that is not fair and cautious and mature.

How precisely did the two struggle in vain to overcome their public image? By coming up repeatedly with stories which didnt even tally with others of their own, let alone with one another’s? They never between them made even one helpful statement which actually helped the police.  And even their respective parents strongly suspected or knew of their guilt and were all caught incriminatingly on tape.

9. That Rudy Guede did it alone; ignore vast evidence that proves not.

This should not have been a complicated case. The intruder was quickly identified as Rudy Guede, an African immigrant living in Perugia with a history of break-ins and petty crimes. His DNA was found all over Meredith’s room, and footprints made in her blood were found to match his shoes. Everything at the crime scene pointed to a lone assailant, and a single weapon. Guede repeatedly broke into houses by throwing a rock through a window, as happened here, and he had been caught by the authorities in the past with a knife similar to the one that inflicted Meredith’s fatal wounds.

This is laughable. It has in fact been demonstrated in numerous ways that the attack involved multiple assailants and this was accepted by the Supreme Court.

Sollecito’s own lawyers never forcefully argued this. They produced two non-credible witnesses in the appeal trial (Alessi and Aviello) to actually prove that Guede had some other accomplices or that several others did it. Also Amanda Knox if anything diverted attention AWAY from Guede as he did in turn from her. He wasn’t quickly identified precisely because Knox had rather credibly fingered Patrick.

There is no proof Guede was an intruder. The trial court concluded Knox invited him in. Guede had zero proven history of break-ins or petty crimes or drug-dealing, and late in 2008 at his trial Judge Micheli became angry at such claims. Guede had no prior criminal record at all. He had only been back in Perugia for a few weeks, after an extended stay up north.  His DNA was not found “all over” Meredith’s room. A major surprise, in fact, was how few traces of him were found.

The recreation of the crime scene and the autopsy both pointed AWAY FROM a lone assailant, not toward.  From Meredith’s wounds, it was quite evident that two and perhaps three knives had been used, and not a single weapon. What lone intruder carries or uses two or three knives?  And footprints in blood outside the door matched the feet of both RS and AK. This is why the Supreme Court confirmed Guede’s guilt only “in concorso” (with others).

10. That the cops could have caught Guede fast, despite Knox’s frame

Guede did not call the police, as Amanda and I did, or volunteer information, or agree to hours of questioning whenever asked. Rather, he fled to Germany as soon as the investigation began and stayed there until his arrest two and a half weeks later.

Guede’s apprehension and eventual conviction on murder charges should have been the end of the story. But by the time Guede was identified, the police and the public prosecutor’s office had convinced themselves that the murder was, incredibly, the result of a sexual orgy gone wrong, in which Amanda and I had played leading roles. Their speculations ignited a media firestorm, inspiring sensationalist headlines across the world about the evil lurking behind our seemingly innocent faces.

The authorities had no shred of evidence to substantiate this story line, only erroneous suppositions and wild imaginings. We had an alibi for the most likely time of death, and none of the initial forensic evidence tied us to the scene of the crime. Nothing in our backgrounds gave any hint of a propensity for violence or criminality. We were both accomplished, hardworking students known to our friends and families for our gentleness and even tempers.

Four more untrue remarks. All three were convicted of a murder with a sex-crime element and nobody was wrongly “convinced”. Which alibi is Sollecito talking about now? He himself admits in chapter 1 (Love and Death) that they had no “real alibi”. They still have no alibis at all for the second half of the evening, neither of them, when Meredith’s murder indisputably occurred.

Extensive forensic evidence within days tied them both to the scene. Not a single element of it has been discredited in the eyes of the Massei trial and Nencini appeal court. Not even one. Nothing was falsified.

Neither of their backgrounds was squeaky clean. Both had long been into illegal drugs, the loner Sollecito had to be watched by his father and teachers, the increasingly disliked Knox had a history of doing and saying crass off-putting things. Both were lagging behind their brighter peers in their studies and Knox was taking a year off.

11. That the prosecution fed the media a huge number of false claims.

Yet the authorities stuck to their guns. They fed the media a steady diet of sensationalist stories of how Amanda, the promiscuous American she-devil, and I, her sex-and-drug-addled Italian helpmeet, had tried without success to drag Meredith into our depravity and punished her by plunging an outsize kitchen knife into her neck.

Complete fiction. Again, in the real world, as the media reporters all confirm, the prosecution fed nothing at all secretly to the media, and publicly very little, none of it self-servingly biased.

Italian reporting was sporadic and very mild compared to anything one can see daily on possible perps in the US and UK newspapers and on US TV crime shows. There is zero sign this mild coverage mattered to the courts. As the media reporters all confirm, they were fed next to nothing by the police or prosecution on the case,

But whereas Mr Mignini famously never leaks, the defenses are widely claimed to have leaked throughout like sieves. So did Sollecito’s own family - they leaked an evidence video to Telenorba TV, for which they were considered for trial. Even we at TJMK and PMF received several offers of juicy leaks. Here is one example of where the Knox forces leaked - wrongly in fact - and then nastily slimed the prosecution and defenseless prison staff.

12. That the authorities had lots and lots and lots of scenarios.

It might have been funny if the consequences had not been so devastating. Listening to the tortured language of the prosecution””“one can hypothesize that . . . ,” “it is possible that . . . ,” “one can imagine that . . . ,” “this scenario is not incompatible with . . .”””it became clear that the authorities, like the media, were treating our case with the bizarre levity of an after-dinner game of Clue, or an Agatha Christie mystery. Everyone, even the judges in their black robes, had theories they were itching to air.

Have Sollecito and Gumbel ever before been in any other court in Italy or the UK or the US?  Every judge and/or jury has to arrive at a scenario on lines not unlike this. That is the whole POINT of having courts - to weight the probabilities in what happened in the crime.  The only difference in Italy is that the judges have to think their verdict through for weeks, and then write it all out, and then see it scrutinized by a higher court. This is hardly a requirement to be sneered at.

Gumble and Sollecito should have studied how US and UK juries arrive at their own scenarios. Very few US and UK lawyers think they do a better job. Ask those who watched the OJ Simpson and Casey Anthony trials and bitterly criticised the outcomes. And Italy has a vastly lower rate of false imprisonment than the US does.

13. That Italy is a medieval country with a primitive justice system.

It could have been Colonel Mustard in the drawing room with the revolver; instead it was Amanda and Raffaele in the bedroom with the kitchen knife. How was it conceivable that a democratic country known for its style and beauty and effortless charm””the Italy of the Renaissance and la dolce vita””could allow two young people to be catapulted to international notoriety and convicted of a horrific crime on the basis of nothing at all?

This is not remotely what happened. There was very far from nothing at all. Convictions in the US and UK regularly result based on evidence 1/10 or 1/100 of that here - sometimes from one single evidence point. Any one or several of maybe 100 evidence points here could have convicted them in a US or UK court.

Italy gives defendants every possible break, and the justice system is seriously loaded against victims and their families. Read here and here.

14. That the prosecutors office and media were in a grim embrace.

The answer has something to do with the grim embrace that developed between the prosecutor’s office and the sensationalist media. Like addicts constantly looking for the next fix, each fed the other’s insatiable appetite for titillation and attention. The casual cruelty of “Foxy Knoxy” and her Italian lover became too good a story line to abandon, even when it became apparent it was overheated and unsustainable. Our suffering was the price to be paid for the world’s continuing entertainment.

WHAT grim embrace? WHAT addicts? WHAT fix? WHAT insatiable appetite? WHAT titillation and attention? This is clearly defamatory if it can’t be proven, and we can turn up no evidence that any of it is true. It has to be one of the most foolish lies in the entire book, it is so easy to disprove. These who are being accused of crimes here are career police and prosecutors secure in their jobs, and none have the slightest gain to make from false convictions.

15. That in the justice system speculation and hearsay run rampant

The meandering complexities of the Italian legal system, where speculation and hearsay are allowed to run rampant and time invariably slows to a maddening trickle, did little to help our cause.

Total mischaracterization. First note that by comparison with any country in the world THERE IS NOT MUCH CRIME IN ITALY.  There is some minor corruption and still some minor mafia action, but thefts and burglaries and assaults are few and murders even fewer. The main crime if you can call it such is not lining up to pay taxes.  Italy’s murder rate is 1/6 that of the United States and its prison incarceration rate is 1/30 that of the United States, so where IS all this crime about which the claimed speculation and hearsay are running rampant?

The legal process could have been fully over by the end of 2009 if (1) there was not the entitlement to two automatic appeals; in UK and US terms there was very little to appeal about;  and (2) the Hellmann appeal court had not been fixed to produce a corrupt outcome, as the displaced judge Sergio Matteini Chiari and Cassation and the Council of Magistrates have all made plain.

And compared to American police and prosecutors, their Italian counterparts are famously taciturn under their unusually firm rules. There is media interest, for sure, as there should be when there are crimes, but that also is comparatively restrained. Watch the various Porta a Porta shows on YouTube and you will see how sedate crime discussion tends to be.

The Constitution and judicial code set out to achieve the exact opposite of speculation and hearsay affecting justice, and they do so.  Creating this restraint is a primary reason for the judges’ sentencing reports and all the magistrates’ checks of investigations along the way.

This whole series of dishonest claims about the the Italian system in the preface of the book and in a later chapter have clearly not been read through or okayed by even a single Italian lawyer.

16. That in Italy proof beyond a reasonable doubt scarcely exists

For reasons deeply embedded in the country’s history, the concept of proof beyond a reasonable doubt scarcely exists in Italy, and the very notion of undisputed fact is viewed with suspicion, if not outright aversion.

So Gumbel and Sollecito are historians and legal experts now? It would be nice, wouldn’t it, if either were able to explain the remark. This may be an ignorant swipe at the Napoleonic Code on which the law of a lot of continental Europe is based. Ignored is that Italy carried out its own reforms to the Code in 1990 and more subsequently. Much of that reform, it should be pointed out, was procedural or structural rather than substantive law.

There are two things wrong with “..the concept of reasonable doubt scarcely exists in Italy.”

1. It is factually wrong. Italian jurists, the courts, and so on, are well acquainted with the concept as it has been a fundamental aspect of criminal proceedings in Italy as elsewhere for many decades if not centuries.

2. It suggests that Italians are not intelligent enough to understand the concept anyway. That of course is an insult to Italians.  Actually they are no less intelligent than the rest of us elsewhere who strive to understand it.

Until the 1990 Reforms the relationship between criminal and civil proceedings in Italy were governed by the principles of unity of jurisdiction and the prevailing status of criminal proceedings. Hence, if the facts were the same then criminal proceedings (to punish the guilty) and civil proceedings (to render liable the guilty for damages) were heard at the same time and still sometimes are, as in the Meredith Kercher case.

What has changed (relevant to the above quote) is that civil cases can be and are more likely to be heard independently from the related criminal cases and, where not, the standard of proof in civil cases (the preponderance of evidence or, as we usually refer to it, the balance of probabilities) is to be applied to the civil case, and the civil case only, rather than be confused with or overriden by the criminal standard of proof (beyond reasonable doubt).

Not an easy task, admittedly, to apply different standards to different tasks, based on the same facts, in the same proceedings, but Italian judges are trained to do this because that is their system. No judge would EVER confuse “beyond reasonable doubt” with “the balance of probabilities” when the issue at stake is depriving an individual of his freedom.

17. That the Italian judiciary has vast, unfettered powers

Few in Italian society wield as much unfettered power as the robed members of the judiciary, whose independence makes them answerable to nobody but themselves.

Radically the opposite of the truth. The paranoid claim reads like it came from ex PM Berlusconi fearful of his own conviction or one of his parliamentary lackeys such as Girlanda.

The checks and balances on judges in the Italian system are enormous, perhaps the toughest checks and balances in the world. Read here and here about them.

All of the best judges in the world are independent and they all follow a demanding career path, not elected (as ex-Judge Heavey was) under zero criteria, or appointed under the political sway of politicians. We wonder if Gumbel and Sollecito have ever heard of the US Supreme Court? Do those judges answer to anybody? No? How unfettered. 

18. That the courts are the most reviled institution in Italy.

Many Italians retain a healthy skepticism about the reliability of their procedures and rulings. The courts””tainted by politics, clubbishness, pomposity, and excruciating delays””are the most reviled institution in the country.


As our Sollecito Book pages make clear again and again and again, the Italian system is remarkably NOT tainted by politics, as even the most surperficial watcher of the trials of ex Prime Minister Sylvio Berlusconi would know.

And on the issue of popularity we have previously posted this and this and also this.

Our Italian poster Machiavelli (Yummi), who posted our deep analysis of the appeal to the Supreme Court by Dr Galati, has provided these hard facts:

For comparison, in 2011 the percentage of Italians who declared they trust the justice system “a lot” or “enough” was 53.3%. By comparison, the percentage of Italians who declared they trust the government “a lot” or “enough”  were 14.7%, and those who trust the parliament were only 15%.

In 2012, the percentage of Italians who trust the parliament is now only 9.5%, and those who trust the Mario Monti administration are only 21.1%.

Over the eight years from 2004 to 2012 the percentage of Italians who trust the justice system was always bigger than those who trust parliament or government by at least ten points, and in some years we can see a spread of 20, 30, even 39 percentage points achieved by the judiciary over the parliament and government.

However, some cases of corruption (such as our Hellmann-Zanetti case, but also several others indicated by the Rapporto Italia 2012) do hamper trust.

The most trusted institutions in Italy above all are the Carabinieri (74% of Italians trust them) and the Polizia di Stato (71%).

Which means the most trusted institutions are precisely those law enforcement instruments which are deployed to enforce the orders of prosecutors.

19. That prosecutors can spin their cases into any shape they please.

Because the Italian legal system is almost completely blind to precedent and relies on a tangle of impenetrable codes and procedures, prosecutors and judges have almost boundless freedom to spin their cases into any shape they please and create legal justifications on the fly. Often, they are more interested in constructing compelling narratives than in building up the evidence piece by piece, a task considered too prosaic and painstaking to be really interesting.

Whoever wrote this either wasnt an Italian or a lawyer, and either way didnt have much of a clue. The entire Italian system under the post WWII constitution was designed to PREVENT what Sollecito & Gumbel claim it allows here.

There are checks and balances and reviews every step of the way. Magistrates (initially Matteini here) determine what a prosecutor may do in developing and presenting a case. Parties may appeal to the Supreme Court AT ANY TIME as Knox’s lawyers did over her second written confession - which she herself had demanded to make in front of Dr Mignini after he finished warning her of her rights.

Hard for Sollecito & Gumbel to believe, perhaps, but the defense is actually present in the same courtroom. They can raise points of order at any time. So can the defendants themselves, at any time, something maybe unique in the world.

And judges actually have minds of their own. And then there are the unique written sentencing reports, and the two automatic appeals if any parties want to pursue them.

Sollecito & Gumbel should have read the 2012 Galati appeal more closely. The Prosecution’s Appeal To The Supreme Court is available in English here.  Precedent has a section to itself - “The non-observance of the principles of law dictated by the Cassation Court in the matter of circumstantial cases (Article 606(b)) in relation to Article 192 paragraph 2 Criminal Procedure Code.”

Well, that’s precedent, via the Court of Cassation no less! How surprising from Gumbel/Sollecito that they should make that claim about ignoring precedent when in fact there it is, going right to the heart of the flawed Hellmann/Zanetti judgement on circumstantial evidence!  What else is a Code but in effect a codification, a gathering together, a rationalisation, of best law - and precedent? 

There is an absurd irony here, were they aware of it. Perhaps they are. Surely it is Hellmann and Zanetti who have displayed “a boundless freedom” in spinning the case “into any shape they please”, and who have “created legal justifications on the fly”?  As for prosecutors doing this, at least Dr Mignini followed the evidence, and American readers may recall the infamous Jim Garrison, the DA hero of Oliver Stone’s movie “JFK” but who in reality, unlike Dr Mignini, was a total and utter crackpot.

And what issue exploded the Porta a Porta TV show in Italy in September 2012? It was Sollecito’s false claim that the prosecution had secretly tried to offer him a deal if he would roll over on Knox.  NOBODY including his own father and his own lawyers confirmed him. Evidence against both was overwhelming. Nobody needed such a deal, and Italian prosecutors are highly rules-bound against ever offering such deals.

Sollecito was in effect accusing Dr Mignini of a felony with this much-repeated false claim in his book. (In her book Knox also accused Dr Mignini of a felony.)

20. That the prosecutors and judges in Italy are far too close.

Prosecutors and judges are not independent of each other, as they are in Britain or the United States, but belong to the same professional body of magistrates. So a certain coziness between them is inevitable, especially in smaller jurisdictions like Perugia.

Yes, prosecutors and judges in Italy belong to the same professional body of magistrates. But then so does the defense lawyer Ms Bongiorno. The claim that there is no independence between prosecutors and judges in Italy, in fact a coziness between them, is a bit rich.

Consider, say, the UK. It is true cases are prosecuted by the Crown Prosecution Service, a government body, but in serious cases the CPS will employ barristers from the Inns of Court. There is scarcely a judge in the UK, even up to the highest level, who was not and who is not still a member of one of the Inns of Court from whence barristers, for the prosecution or for the defence, ply their trade.

You can’t walk past an Inn without seeing the names of judges on the roll call on the plaques outside. A judge is still a barrister, just fulfilling a different function, although, of course, now paid by the State.  The old school boy tie? Corruption? No, the fulfilling of different roles by members of the same body is called professionalism. 

Judges and lawyers all belong to the American Bar Association in the US and attend the same conferences. No sign that this lack of “independence” ever affects trials.  This claimed excess of coziness is often ranted about online by the Knoxophile David Anderson who lives near Perugia. Nobody who pays him any attention can get where he derives this from. Maybe he heard it from Hellman?

Perugia prosecutors and magistrates are all known to do a fine job, and the national Olympics & earthquake relief cases involving powerful Rome politicians were assigned for competent handling to where? To Perugia… Defense lawyer Ghirga and Prosecutor Mignini have the reputation of being good friends. And Mignini and Massei would both draw their salaries from the State. But so what? Do not judges and DAs in the the USA do likewise? Are Gumbel and Sollecito impugning the professionalism of the counterparts of Mignini and Massei all over the world? It sure reads like it.

5. About Relevant Forthcoming Postings

Akk of this above analyzes only the first seven pages, out of a book which has several hundred pages. We will post one or two times more during April. Later in the book, there is a lot of venomous sneering addressed at Dr Mignini, although his performance at trial was excellent - and he is now for Perugia’s region (Umbria) the Deputy Prosecutor General.

In Italy Dr Mignini is now and then on national TV along with Michele Giuttari, who pursued the main Monster of Florence theory - not the crackpot theory Preston and Spezi attempted to use to frame someone. At impugning him,  Sollecito and Gumbel have failed miserably, and for that are now in the crosshairs of the system.

*******

Many posters contributed to this analysis and to what is to come. Special thanks to James Raper and Sara, and also to Vivianna and Kermit.


[Kermit’s take on Katie Couric, one of several smart TV hosts who suspected a giant con]


Friday, April 04, 2014

The Florence Chief Prosecutor’s Office Announces That Sollecito Will Face More Court Action

Posted by Our Main Posters




Breaking news from Main Poster Yummi

Prosecutor Gianbartolomei has issued a notice about the conclusion of his investigation. The content of the notice is confidential for the defenses.

From this point the defense has 20 days to say something, like to request that the defendant (Sollecito) is interrogated or has anything to declare, or to submit any documents if they want to.

Then, once the 20 days are expired, the prosecution will file charges.

Since the charges will include almost certainly, beyond aggravated defamation, also contempt of the Judicial organs, the prosecution may send a notice to the Ministry of Justice too.

Since they are victims of contempt they may appoint a plaintiff.

The senior Florence prosecutor Dr Giuliano Giambartolomei was assigned to investigate the claims in Sollecito’s “Honor Bound”.

Today he announces that his findings indicate that many claims are spurious and justify new charges being brought against Sollecito. Shadow-writer Andrew Gumbel, who recently published this self-incriminatory rant has also been named.

When the charges are filed several or some others who have been assiduously “helping” Sollecito (mostly for big bucks) such as book-agent Sharlene Martin might find themselves named also  

So Sollecito for sure and Knox most probably will be confronting the often-contradictory claims in their books, and saying whether they accept or reject each of them, which should put other book-writers who made false claims on the spot and maybe wind the whole FOA effort down.

We will be making our separate page on Sollecito’s various false claims live again. Main posters have posted a large number of corrections to Sollcito’s claims in the book. We have been putting them in correct page-order.

Miriam has kindly contributed this translation of today’s report in Il Messagero. Dr Giambartolomei only hints to the reporter what will be in his report which will quote all the passages in full for which Sollecito will have to account. 

Raffaele Sollecito Insults The PM And A New Trial Starts

As always everything [possible] is presumed and as always, in the case of the murder of Meredith Kercher, everything [possible] can be overturned at every verdict.

Even in the associated trials, such as the one for defamation (against PM Mignini) and contempt (against the police) for which Raffaele Sollecito, found guilty of the murder of Meredith Kercher along with his ex-girlfriend Amanda Knox, is being investigated along with the British journalist-author (now in absentia) Andrew Paul Gumbel.

Defamation, because many parts of the book “Honor Bound”, of which both are authors, contains for the prosecution various ignominious remarks.

More than simple phrases, entire chapters (allegedly) of the book are written in what is technically called “conclusione delle indagini” and requires the matter to be brought to justice, and therefore to trial.

[The book] starts by summarizing the main evidence (that was then proved to be wrong by the facts) against Sollecito.

The two being investigated write: “ the main proof that Mignini had to bring to the preliminary hearing were my Nikes… and he did everything possible to render them more incriminating…”

Then again “the police had only the pictures of my shoes (not those of the print) and in some way they came to the conclusion that my Nikes were the same brand, model and size as the shoeprints on the floor of Meredith’s apartment. There was no doubt about this”

Then the facts demonstrated that the shoe prints where of Rudy Guede, the third person condemned for the murder of the British student, and could not be those of Sollecito, because of the size.

Therefore this touches on the management of the trial on the part of Mignini. Sollecito-Gumbel write: “one of the reasons that our hearings were so distant one from the other was that Mignini was fighting his own separate legal battle for abuse of investigated activity.”

This connection goes to the case of the death of the Perugian Doctor Franceco Narducci, connected to the Monster of Florence case which Mignini had investigated.

Sollectito sustains: (defended in this case by Alfredo Brizioli) “I think our case, among other things, was a big diversion to keep the media’s attention away from the legal battle Mignini was having in Florence, and to give him the victory in a high profile case he so desperately needed to restore his reputation.”

The young Pugliese continues: “”¦..just as he did in the Monster of Florence case, Mignini used every instrument at his disposal against his critics and adversaries. The avalanches of legal action by part of Mignini had an inevitable icy effect , especially on the Italian press and this played a clear role in turning the public opinion against us.”

The charges against Sollecito and Gumbel are those of having sustained that it was Mignini’s idea to seek to obstruct the investigation as is from the beginning, it was a studied act to bend the investigation and turn the trial to his side.” 

This is a clear accusation in the eyes of the prosecutor Giuliano Giambartolomei: “His approach (Mignini’s), Sollecito is saying, was particularly vindictive…. This is enough for Sollecito to face charges of defamation.”

Important to note that Dr Giambartolomei does NOT explain here precisely what will be in his report. That will have to quote all the passages in full for which Sollecito may have to account. Then he or whatever prosecutor charges Sollecito will go to another depth.

With our analysis of the book and knowledge of Italian law we can probably pick many or most of the false claims made which impugn officals or the Italian system.

More posts coming. Stay tuned.


Monday, March 03, 2014

As Knox & Sollecito Try To Separate Themselves, Each Is Digging The Other In Deeper

Posted by willsavive




1. Sollecito Blabs Yet Again

One of an increasingly long list of “gotchas” for the prosecution, flowing from their tendencies to talk way, way too much. 

In a recent exclusive interview on an Italian TV news broadcast, Sollecito said he has several “unanswered questions” for his former girlfriend, Amanda Knox.

“You all know that the focus was only through Amanda to her behavior, to her peculiar behaviour, but whatever it is, I’m not guilty for it. “Why do they convict me? Why do put me on the corner and say that I’m guilty just because in their minds I have to be guilty because I was her boyfriend. It doesn’t make any sense to me.”

This adds yet another waiver to the many different explanations Sollecito provided over the years about the same details.

In their “official” story, in the part that remained consistent, Knox and Sollecito both claimed that Knox left his flat the morning after Kercher’s murder and returned home, where she noticed the door left wide open and witnessed blood spots in the bathroom.

Knox claimed that she found it odd and just assumed that one of her roommates was menstruating and left blood behind. She proceeded to take a shower and returned to Sollecito’s flat and ate breakfast.

2. Telling Narrative Change

“Certainly I asked her questions,” Sollecito explained in his latest interview. “Why did she take a shower? Why did she spend so much time there?” When asked what responses he had for these question Sollecito replied, “I don’t have answers.”

In the interview, Sollecito said Knox left his apartment to take a shower, then returned hours later looking “very agitated.”

Yet, in an interview with Kate Mansey on 4 November 2007 just two days after the murder, and two days prior to arrest, Sollecito said:

But when she went into the bathroom she saw spots of blood all over the bath and sink. That’s when she started getting really afraid and ran back to my place because she didn’t want to go into the house alone.


3. RS Differs Sharply From Knox

This is a far cry from what Knox said in her email also dated 4 November 2007 to friends and family, Knox wrote:

I returned to raffael’s place. after we had used the mop to clean up the kitchen i told raffael about what i had seen in the house over breakfast. the strange blood in the bathroom, the door wide open, the shit left in the toilet. he suggested i call one of my roommates, so I called filomena.” (6th paragraph).

The discrepancies between Knox’s version and Sollecito’s version is strikingly different.

  • Raffele claims Knox was visibly distraught when she returned and that this was the focus of discussion (i.e. being the first thing they discussed).

  • Knox claims that she did not even bring up the bizarre circumstances back at her apartment until “after” they finished mopping the kitchen floor.


4. My Analysis Of The Above

In his latest statement, Sollecito is clearly trying to distance himself from Knox, believing that there is far more evidence against her than against him. But:


  • Sollecito forgets to mention the bloody barefoot prints at Knox’s apartment, found to be in Kercher’s blood attributed to him.

  • Also the knife found in his apartment that scientists say was the murder weapon.

  • Also his DNA found on Meredith Kercher’s bra that was found in her room, even though Sollecito claims that he was never ever in that room.

  • Also his own strange behavior, which includes providing a false alibi (saying he and Knox were at a party with a friend on the night of the murder).

Also several conflicting other versions.

But what’s there to question if you [Raffaele] were with Knox the whole day and night of Meredith Kercher’s murder?

It appears as though Sollecito is alluding to the notion that he knows something far more than he is saying; yet, he is being very careful with his words””only providing us with a hint of this.

His latest statement is a clear attempt to distance himself from Knox.

5. Sollecito Freaks Out On Twitter


Sollecito appeared on Twitter recently, for what he claimed was to answer questions and clear his name.

He was very outspoken of his innocence and had no problem in his witty, sarcastic responses to those who questioned his innocence.

However, when I asked him about the Mansey interview he denied claiming that he was with Knox at a friend’s party on the night of the murder [huh?!].

Sollecito disappeared for a couple of days, came back to Twitter writing only in Italian, and ceased responding to any more questions.

Is it possible that Sollecito will turn on Knox altogether at some point when the pressure mounts over the next year? Guess we’ll have to wait and see”¦



Cross-posted from Savive’s Corner


Wednesday, February 26, 2014

How Claims By Perpetrators & Their PR That THEY Are Victims Get Equal Pushback

Posted by Peter Quennell



[Florence prosecutor Giambartolomei will soon confront many false claims ]


To the considerable pain of victims and their loved ones, Italy’s has become one of the most pro-defendant justice and penal systems in the world.

That doesn’t mean that it has become a complete pussycat. Push it, and it usually pushes back harder in its search for the truth. And the quality Italian media goes along. 

Time and again the ill-conceived short-term PR and legal tactics for Knox and Sollecito based on a hurricane of lies have left them in terms of the ultimate end-game worse off than they were before.

Judge Matteini and Judge Micheli (the judges in 2008) both took firm lines with the copious evidence and the psychological tests of AK and RS in front of them.

Both judges took a line as firm as the prosecution (as firm as the “evil Mignini”) in concluding that there was a drug-fueled hazing escalating to murder with sexual aspects (however short the timescale of the intent).

[Ed note: See comment by Yummi below which explains the above a little differently. PQ.]

Though his panel of judges voted unanimously for guilt, Judge Massei in 2009 did take a somewhat less firm line in the sentences, after observing one daffy defendant and one very nervous defendant sitting in front of him for nearly a year. Judge Massei for no especially convincing reason

(1) pinned the initiating of the attack on Rudy Guede (really?!) and

(2) handed Knox and Sollecito (and thus Guede) quite a break with his supposed “mitigating circumstances” (the duvet over Meredith’s body) resulting in 20 years lopped off their combined sentences.

Both the defenses and the PR were weak and largely futile in that year. But come 2010 the dirty tricks moved into overdrive.

Cassation reverted to the firmer line in January 2011 when it ruled on Guede’s final appeal: Guede was a party to the murder, but copious evidence proved he did not act alone. 

The Hellmann appeal court and DNA consultancy and verdict of 2011 were corrupted (counter-measures are still quietly playing out) which fully explains its startling soft line.

Thereafter the Italian courts observed the illegal blood-money binge with the essentially fictional books of Sollecito and Knox, and two years of them each claiming to ill-prepared interviewers “we’re the real victims” on TV.

Cassation observed all of this, annulled the corrupted Hellmann court verdict, and issued instructions in June 2013 to the Florence appeal court to ensure that the firm line should be maintained. Unsurprisingly, we have seen a firm line from the chief prosecutor (Crini) and a seeming firm line from the lead judge (Nencini) in recent weeks.

In the rest of this year Italy will see at minimum these events where the court’s firm line will go on and the babbling and unhelpful legal and PR tactics may finally dry up.

    1) RS and AK continuing to babble for a while on TV as they each dig the other one deeper. Sollecito has just said that his saliva or sneezing may explain why his DNA was on the clasp of the bra.

    2) The sentencing report of Judge Nencini is due at the latest on 30 April and he seems likely to give space to rebuttals of any bizarre new claims made by Knox and Sollecito before 30 April like the one just above. 

    3)  The obstruction of justice trials of witness Luciano Aviello and incessant meddlers Mario Spezi and Frank Sforza will continue, probably though into 2015. Each of those trials could result in others (like Spezi ally Doug Preston and Sforza allies Bruce Fischer and Steve Moore) being declared at minimum persons of interest if not actually charged.

    4) Florence prosecutor Giambartolomei Firenze (image above) may soon be announcing which passages in Sollecito’s book Honor Bound criminally defame Italian officials or deliberately miscontrue hard facts in evidence in an illegal attempt to to poison public opinion against the court.

    5) Similarly soon after on Amanda Knox’s book with the surreal title Waiting To Be Heard (and on Knox articles and interviews in Oggi) by the chief prosecutor in Bergamo. 

    6) Cassation’s First Chambers should be the one to handle Knox’s and Sollecito’s final appeal. They handle murder cases and they issued the guidance to Florence in 2010.

    7) If so, they should take note of such revelations by way of Judge Nencini’s and Prosecutor Crini’s reports; and this next autumn or winter may finally declare a firm “confirmed guilty” final-appeal outcome and invite Knox to come back.

And when prosecutor Giambartolomei Firenze announces which claims are radiocative, hopefully a major hush will come over Heavey, Fischer, Bremner and Moore.


Monday, February 24, 2014

Power Shift In Italy Very Unfavorable To Anyone So Stupid As To Thumb Their Noses At Italian Justice

Posted by Peter Quennell




Meet 39-year-old Matteo Renzi

Mr Renzi was sworn in by the President of the Italian Republic on Saturday as the new Prime Minister of Italy. As a top German newssite remarks, he is looking like a much-needed breath of fresh air.

Mr Renzi is colorful and dynamic and very popular, and may become one of the most effective leaders in recent Italian history and a major player on the world stage. Mr Renzi comes from FLORENCE where he was the popular and effective mayor.

Unlike the Berlusconi faction in parliament (which once included Giulia Bongiorno) Mr Renzi is a big friend of law and order, police, and justice. In the image at bottom you can see him opening the huge Palace of Justice in Florence with all the top officers of the court who just organized the appeal.

This is very bad news for Sollecito and Knox and their foolish gangs, as Mr Renzi will be very unlikely to look kindly on that same Florence court - and any court in Italy including, especially, Cassation - being flouted by convicted perps and made to look weak.

If the new Minister of Justice sends an extradition request to his desk, you can bet that he’ll send it on to the United States. And the US, very keen to stay on good terms with Italy as one of its 2-3 most reliable allies, will exhibit little if any resistance to the extradition of Knox.

More bad news for Sollecito and Knox

The sardonic Italian media is paying very close attention to the ongoing game of each of them pushing the other closer to the flames, and the almost-certain prospect of the two of them and Rudy Guede explosively flying apart.

The Italian media is picking up on signs that Sollecito has become highly resentful at his on-again off-again rejection by Knox, especially as many or most in Italy believe it was Knox who wielded the big knife that killed Meredith to which the other two had maybe not signed on in advance.

There are additional pressures headed down the pike. First, Rudy Guede will be given brief study leaves soon, and under Italy’s new “clear the over-crowded prisons (somewhat)” law Guede could even soon see himself released and free to talk.

Plus the investigators examining the criminal defamation of the justice system and officers of the court by Knox and Sollecito in their exceptionally foolish books are believed very close to announcing that a case against them has been made.

Sollecito’s father on national TV has already admitted that Raffaele lied about a deal to get him off, and this on Knox seems an open & shut case. Knox and Sollecito might face additional sentences of 3 to 7 years if they keep provoking a hard line.

Here are two articles translated by Miriam which summarise (not perfectly in our terms but good enough) the signs of the growing divide and the evidence that will see Knox and Sollecito back in prison.

Vitadamamma

Amanda Knox Will Return to Italy and Go to Jail, as Will Raffaele Sollecito, While Rudy Guede Will Be Freed

This scenario is not only plausible, but seems to be the natural outcome of the last sentencing of the Mez case. Few believe that the Corte di Cassazione could overturn, again, the verdict of the Corte d’Assise d’Appello of Florence.

So Amanda Knox will return to Italy and go to jail.  For Amanda Knox, “her extradition is quite possible” Christopher Blakesely say without equivocation. He is one of the main experts on such penal proceeding in the United States.

The day after the verdict of the Corte d’Assise d’Appello of Florence, Giovanna Botteri, the RAI correspondent in the USA, reported something similar, underlining that Amanda rushed to CNN to cry all her tears didnt help.

Knox uses even the social networks to scream again her innocence, but the law says something different.

Even Italian popular opinion seems not in Amanda’s favor : Perugia,  through the social networks, has literally screamed its disagreement and displeasure against Amanda (read: L’Urlo di Perugia: a Facebook page against Knox:  from the people of Perugia)....

Rudy is at the moment the only one sentenced in jail…. How does Rudy reconstruct that night?  Rudy swears to having consensual sex with Mez.

After the intimate relation Guede went to the bathroom and from there he heard her scream, rushing to her room he found her in a pool of blood, and tried to help her. Realizing that Meredith was dead, in shock he ran away.

On the plausibility of this reconstruction, the judges had numerous doubts, to the point of finding Guede guilty and sentencing him.

This reconstruction, according to his lawyers, explains not only the biological traces of Rudy all over the crime scene but also his flight.

How does Amanda reconstruct that night?

Amanda continues to sustain that she did not wield the knife that killed Mez, that she heard her scream while she was in the kitchen and that she covered her ears like a scared child.

The “whys” are many and heavy.  Why did Amanda accused Patrick Lumumba, incarcerated for 14 days while innocent, due to her ignominious accusations? Why on the knife used for the murder are there traces of Mez and Amanda?

Knox DNA was on the handle of the knife that killed Meredith: only because she used it to cut potatoes? The alibi of the potato has always been used by Knox and her lawyers, but it is plausible?

And Raffaele Sollecito?

One of the most decisive evidence against Sollecito in the first trial was the bloody foot print on the bathroom math. In the appeal process that footprint was challenged, it was said that it could be not Sollecito’s and was ascribed to Guede with benefit of doubt .

Now it seems certain that Rudy was wearing shoes ,as is demonstrated by other prints at the scene of the crime, thus the bloody footprint goes back to being ascribed to Sollecito.

Why is Rudy Guede in jail while Amanda and Raffaele are on the loose?

After the verdict of the Corte d’Assise d’Appello of Florence the appeal to the Cassazione,  was announced, while waiting for the Cassazione, the guilty Raffaele Sollecito had to hand over his passport in order to make it impossible for him to leave Italy.

Right after the sentence Sollecito was stopped in Udine about 60km from the Italy/Austrian border and about 40km from the Slovenian border.

Before the verdict of Corte D’Assise d’Appello of Florence Sollecito was a free man, and therefore legally in possession of a passport and the right to cross the border.

Sollecito, instead of waiting for the verdict in the court room, around 12 o’clock that day left with his new girlfriend and arrived in Udine [in north-east Ital]..

Around night time during a snow storm the two of them took refuge in an hotel , and the owner recognizing Sollecito by name, alerted the police that promptly arrived in order to confiscate Sollecito’s passport as decided by the Court.

Sollecito told the media that he had no intention of fleeing the Country.

One can ask what Sollecito was doing in Udine then, a few hours after his guilty verdict. To excuse Sollecito one can perhaps say that the young man was overpowered by anguish and fear, in fact up to today

Sollecito had never seemed to want to evade justice, instead he was usually in the Courtroom.

Amanda in contrast was not sanctioned with any precautionary measures.  She arrived in America as a free citizen after the not guilty verdict.

Now,  if and when the Cassazione confirms the verdict of the last proceeding, America needs to extradite Amanda and remit her in the hands of the Italian Justice… 

America is tied to Italy by sanction accords by name of international laws, thus if the Cassazione upholds the guilty verdict, Amanda must return to Italy. Nothing makes one think that America could oppose an extradition.

Rudy Guede is the only guilty one in jail at the moment.  His detention was confirmed after a fast track trial, decided by his layers, and his detention was 16 years in jail. (with time off for the fast track trial)

Not many know that while the doors of the prison may soon open for Amanda and Raffaele,, for Rudy instead “freedom” may be close by.

Thanks to the new decree passed last December by the Parliament, Rudy could leave the prison where he is detained. Guede is one of 3 thousand detainees who could benefit from the “empty the prisons” decree.

 

Menti Informatiche

Raffaele Sollecito and Amanda Knox are close to a break up after the sentencing..

Raffaele wrote Amanda a letter saying: “Amanda I am tired. I don’t want to be punished, neither do I want to continue to give justifications for matters that concern you and not me”.

Amanda says “I understand him but: I want to say that Raffaele is not my slave and I am not his oppressor. Raffaele has many reasons to be resentful, but not with me.”

The bond between the two, accused of the homicide of Meredith Kercher, is cracking. A bond that lasted from that horrible night of November1st 2007, when in a house in Perugia, via della Pergola, their English friend was savagely killed.

Looking at a concrete possibility that the Judges of the Cassazione will confirm the sentencing which condemned Amanda and Raffaele to 28 years of jail for her and 26 for him, the two ex-lovers are starting to distance themselves from each other.

Amanda took a picture of herself holding a sign that read “we are innocent” so as to underline a common faith, from which Raffaele can’t dissociate. Not anymore.

Raffaele after six years may be starting to understand that being Amanda’s “fiancé” did not help him at all. He said this to Giulio, in an interview a few months ago, and now in an interview to CNN:

In the Judges head I must be guilty because I was Amanda’s boy-friend. It does not make any sense for me. According to the Judges because in some way I supported Amanda, I must be implicated. According to me this is aberrant. My standing has not been just ignored, but completely forgotten. In all the proceedings I was not part of them unless for the scientific investigations.

For many, many hearings the topic was my DNA, but nobody said nothing of the reason why I was accused of the homicide except the fact that I was Amanda’s boy-friend and because I was with her very often and spent many nights with her, I had to be in some way connected with the homicide.

Is Raffaele’s defense thinking of ditching the girl? Is Raffaele ready to tell the truth of what happened that night? Now Raffaele is in Bari, and is thinking over what happened to him. He reveals:

I discussed with my friends and family the possibility of going abroad a year ago, but I cannot accept the fact of leaving all the people who are dear to me for a theory. I had no motive to hurt Meredith Kercher.

Now I have no light in my future. They took away my passport and I.D. card, and I do not know if I can realize my dreams, or anything I want to do. I do not accept that my future is destroyed.

Too often, though, Amanda and Raffaele forget to mention that Meredith’s life really was destroyed.

Against Amanda and Raffaele there are scientific evidence, bloody footprints on the floor, DNA on the bra clasp and knife, and the many contradictions in their alibis.

From the beginning their behavior caused the carabinieri to be suspicious of them.

Without forgetting the spontaneous confession of Amanda of being in the house while her friend was being murdered. “I have a vision of being in the kitchen, covering my ears while they kill her.” She even gave the name of the killer Patrick Lumumba, her boss, who was then discovered to be innocent.

The attempt to divert the investigation, pointing the finger against an innocent man, is evidence of the quilt of Amanda.

Even Raffaele changed versions more than once. In one of the interrogations he said Amanda was not with him that night and arrived at his apartment in the early hours of the morning. He then said he smoked too much marijuana and could not recall what happened that night.

In the meantime Rudy Guede, 27 years old, condemned to 16 years for the murder of Meredith Kercher, with others, writes:

Now that my verdict is definite, for too long the judicial reasoning have been subjected to a continuous and willful manipulation and alteration of the data of the proceedings…  I would like to point out that I do not accept being labeled as a homeless man,  drifter, and a thief; when instead I had a splendid family and precious and clean friendships in Perugia.

Amanda Knox’s defense team wants to pass him off as a habitual thief. Rudy adds: ” “Meredith’s house was turned upside down, someone simulated a break in. I was not condemned for this simulated break-in.”

If it was not Rudy, then who?



Wednesday, February 19, 2014

Our Reviews Of The Painstaking BBC-3 Report First Aired In The UK On 17 February 2014

Posted by Our Main Posters




Review by SomeAlibi

Watching “Is Amanda Knox Guilty” was a funny thing. I suspect for people following the case closely, on either side, it was a sobering experience. Not because it changed perspectives, but simply to see how quickly one hour passed and the necessary trade offs that had to be made to fit within that schedule. The opportunity cost was a level of detail to which in-depth followers have become accustomed.

Just one example: Sollecito and Knox’s partial alibi that they were checking their emails on the night of November 1st was explained as being challenged by two broken computers. Perhaps, (although unlikely to be the material issue) but where was the much more salient fact that their ISP records showed that was conclusively untrue? Where was the challenge: if you say you’re checking emails to establish part of your alibi against a murder and it is shown to be absolutely untrue, what does that suggest…?

There were many other “clinchers” that had to be let go in the name of brevity. But it wasn’t that sort of documentary - it was neither a case for the prosecution or a case for the defence: it put the main suggestions at the level of detail that was possible and it allowed both sides to speak to the points at that level of detail.

I find it interesting that there has been such a howl of bias from those supporting Knox and Sollecito. Objectively there’s no good ground for it: the documentary allowed both sides forward in equal measure and no pro-justice watcher would celebrate it as a pro-conviction piece.

The arguments were balanced, the video, audio and picture quality eye-opening. For those on the other side, their markedly different reaction appears to be that the documentary has broken the taboo that The Evidence Shall Not be Told. The idea that there is an easy-to-consume piece that puts forth the case and defence equally is seen as a disaster.

The campaign for Knox continues to be obsessed, beyond all things, with trying but now failing to make sure the public doesn’t know the basis of the case. For a long time they hoped to drown out the multitude of terribly inconvenient truths within it by screaming “no evidence”. ‘Is Amanda Knox Guilty’ put the lie to that conclusively, but fairly, and now many hundreds of thousands, perhaps soon to be millions will ask themselves why those supporting Knox and Sollecito have had to adopt this tactic at all.

If they really are innocent, why has the case against them been so comprehensively white-washed in the US?

The conclusion, is rather simple and I saw it encapsulated on a large television screen last night with the repeated clips of Amanda Knox and Raffaele Sollecito outside the cottage kissing and “comforting” each other: there for a fraction of a second, shown several times, is Amanda Knox, unable to stop herself glancing at the camera filming her and stealing her gaze away again very quickly pretending she hasn’t.

It’s a look that says everything: furtive, pretending it didn’t happen, immediately covering up in a way that poses a stark proposition: why on earth would you do that if you had nothing to hide?  And like so much of the multiple collapsing alibis and non-working answers and the desperately dishonest fingers-in-the-ear “no-evidence” pretence of those supporting her, is a proposition that can withstand no scrutiny.

Review by SeekingUnderstanding

What a relief to watch a very clear and unbiased narrative. The quality of the visual information was top rate - seeing so much original footage, and presented as it was in a logical time sequence.

Even though I was already familiar with the evidence, including the photographic material, I found it very helpful to see it all presented in this way. I appreciated, too, hearing and seeing the excerpts in original Italian (along with English translations). It added even more authenticity.

I hope that, at long last, this will have helped some - or hopefully many- people to see that the two ‘camps’ in this case do not divide into AK supporters and AK ‘haters’. There are the FoA and their followers ...and there are the others who seek the objective truth and justice.

If hate has been generated in some quarters, then the Knox (and Sollecito) camps need to look to themselves and their own behaviour. This programme was important in the tone it set.

I actually found it to be quite lenient towards the defence on a number of counts.

There were several instances where the defence point of view could have been strongly countered by known and established facts, but, bending over in fairness, these were left unanswered.

Here are just four instances :

1) In the discussion around the blood and DNA left in the bathroom - Dr. Gino’s assertion that ‘the blood/DNA ‘could have come from anywhere’ might have been countered with AK’s own declaration that the bathroom was previously clean. Dr. Gino also suggested a very improbable scenario of ‘it could be saliva’ (on the bidet?). Cassation emphatically said that it must be shown HOW any suggested contamination could have occurred.

2) There was a missed opportunity in discussing the knife presumed to be the murder weapon to mention Sollecito’s lame, unreal excuse of ‘Meredith pricked her hand’ etc.

3) Anne Bremner stated ‘Amanda could not have turned overnight…into a murderer’. Attention could have been drawn to many things, both physical events (her predilection for cruel pranks, including a staged burglary in the US, and wild parties, etc), and also many psychological indicators that would have clearly shown how her behaviour has, in fact, demonstrated consistency.

4) In the discussion re the bra clasp, the delay partially being caused by the defence themselves was not mentioned. Also, detailed discussion re the one bare footprint on the bathmat was omitted.

Since there is, in fact, so much evidence, it must have been difficult to chose and balance what did go into the hour long programme. All in all, I feel Andrea Vogt and her team worked hard, and did very well to let the facts speak for themselves.

I hope it will lay a few fictions and myths to rest.






Review by Earthling

What is the “Amanda Knox trial” (really the Meredith Kercher murder trial) really about? Is it about an innocent 20-year-old pretty white girl being railroaded by the medieval Italian justice system?

Or is this actually a murder trial, about the fact that a beautiful, intelligent, ambitious young woman, innocently trying to improve her life by study abroad, was brutally murdered?

I believe it’s the latter, and the BBC3 production gives us one of the first truly balanced reports on this trial.

The filmmaker starts from the beginning, and takes us through the murder, investigation, and various trials and appeals up to the present day. Instead of the breathless “Perils of Penelope” tone (toward Amanda Knox) that most such previous “documentaries” have taken, this one takes a sober look at the actual evidence.

Did you realize that there are luminol-revealed bare footprints in Knox’s size in the apartment? Luminol reveals blood and a few other substances; but those substances can be ruled out because the test was done six weeks after the murder, by which time those substances would have dissipated.

Blood doesn’t dissipate. This documentary shows you those bloody footprints in all their creepy glory, something never shown on American TV before.

“Is Amanda Knox Guilty” also speaks of the actual DNA evidence in the cottage linking Knox to the murder, including five mixed-DNA spots (Knox and Kercher) that tested positive for blood. Both prosecution- and defense-oriented experts are allowed to comment on this evidence, and the viewer is allowed to make up his or her own mind.

My one criticism is that a lot of the evidence against Knox (witness statements, cell phone data, fake break-in) is skimmed over or not even mentioned. Also, because the documentary quotes Rudy Guede’s position at length without any contradictory narrative, it is confusing as to whether the filmmaker might have believed him.

In the end, the filmmaker says, he was convicted of participating in the group murder. However, a stronger statement against his “I’m entirely innocent” defense would have been good.

Other than these quibbles, this is the best documentary on the Meredith Kercher murder case that I have ever seen.

Review by ZiaK

I watched the BBC programme on the Meredith Kercher case hoping for a more balanced view of the case than has been presented in the English-speaking media to date.

The documentary does present some of the evidence against Knox and Sollecito - including the bloody footprints, the mixed blood/DNA traces in the bathroom and corridor, the bra clasp, the knife DNA evidence, the strange timings of phone calls to police, the unlikelihood of the “break-in” being anything other than staged - but omits to point out that none of the other flatmates’ DNA was found in the blood traces, so saying that “it’s because Meredith and Amanda shared a flat” is misleading.

Nor does it point out that, although the murder knife was found in Sollecito’s flat, none of HIS DNA was found on it: it had only Amanda’s and Meredith’s DNA.

The programme didn’t cover the cell-phone evidence, showing that neither Knox nor Sollecito were where they said they were, at the times that they claimed. The programme also repeated the “Friends of Amanda” PR soundbites, such as “there was no evidence of Amanda in the murder room” - whereas the fact that her footsteps tracked blood OUT of the room are actually evidence of her having been present IN the room before it was locked (i.e. at the time of the murder).

Furthermore, in my opinion, the narrator’s voice seemed to evince sympathy towards Amanda, rather than describing events with a passive or objective tone of voice.

As one of the translators who has participated in translating case documents (such as the judges’ reports describing why they came to their decisions), I am only too aware of the extent of evidence against Knox and Sollecito, and I would like to see knowledge of this evidence become more widespread throughout the English-speaking world.

The BBC programme is a step towards this, but in my mind, only a very small step. I hope the pace will pick up soon, and more objective and extensive knowledge of the true facts of this case will be made available to everyone so they can form a rational opinion of the case based on true understanding.






Review by Cynthia

I’ve just watched this, and it’s very good - with a huge amount of footage hitherto unseen (directed by Andrea Vogt).

For what it’s worth, I note the following points:

1) There’s no mention of Meredith’s friends who heard Amanda say ‘she fucking bled to death’ before the fact was known to anyone else. Perhaps they didn’t testify, being too distressed? If so, it’s a great pity, because it seems a veritable clincher that hasn’t been used at all.

2) The bra DNA arguments are quite extraordinary. If we can determine that we all have Neanderthal DNA (tho’ I know a lot of American fundamentalists don’t believe that mankind goes back more than 6,000 years!) I can’t for the life of me see why DNA would be unusable after a poxy delay of 12 days ...

3) The argument that the Luminol traces may indicate not barefoot treading in blood but in bleach seems absolutely unbelievable to anyone who does housework (like me!) Bleach is horrible stuff, and you really, really don’t want to be getting it on your bare skin. Even Amanda, with her vestigial domestic skills, would have noticed if she’d trodden in it.

4) Bremner says Amanda was an honor student. She wasn’t; she had funded herself (not that that’s discreditable). (Also, are honor students unable to write cursive script? The shots of her handwriting show that she can’t do joined-up writing. [Or thinking.] I don’t know whether the phrase exists in American English, but not doing joined-up writing is a term of great intellectual contempt in English.)

5) We saw Amanda’s ‘mask’ speech. This is really interesting - who would even think that masks were being put on them if they weren’t using them themselves?

6) The programme mentions the little-reported fact that another, smaller knife found at Sollecito’s also had Meredith’s DNA on it.

7) The film omits to mention Hellman’s lack of any experience in criminal trials.

8) Every shot of Amanda in the film has her talking about ‘me’ and ‘I’. She never, ever mentions Meredith - it’s all about HER suffering. She never even says ‘the murderer is out there - I wish you’d stop persecuting me and get them’.

Presumably this is because Guede is supposed to be the sole murderer - and nobody seems in the slightest bit worried that there’s no murder weapon with HIS DNA on it! (Yes, there are his turds - but that wasn’t what killed Meredith.)

9) FOA has used the fact that the recent jury took 12 hours to deliberate over the verdict as an indication that they couldn’t agree. But why not just that they were being extremely careful and re-examining everything?

10) Finally, just an observation: Maresca speaks the most beautiful Italian - you can hear every word calmly flowing past.

Review by Miriam

Much appreciated. Outside of the Porta a Porta transmissions on the case, the best I’ve seen.

I understand they had to give both sides, but I felt that the defense came out on the losing side. I thought it funny that it was implied that since they only tested for blood it could of been saliva.

I don’t believe even her supporters would argue that Knox was so quirky as to brush her teeth in the bidet! Or maybe she spit in the bidet, in which case Meredith would have had every reason to complain about her bathroom habits!

Now if only this or something like this would air in the U.S.






Review by Sara

This is actually one of the most objective and well-researched reports I have seen on the case and I am very happy that BBC has managed to be so unbiased.

It presents both sides of the story equally well and does an excellent job of countering the extremely silly “no evidence” argument that the FOAkers like to repeat at equal intervals.

Regardless of what one believes, I think the documentary will at least succeed in convincing most people that there is indeed sufficient evidence against the two of them, and Italy’s judicial system is not crazy to convict people without any evidence.

My favourite part was when the defense DNA expert (can’t recall her name) tried to explain away the mixed blood evidence by saying that one of them could have had a nose bleed, and the other could have cut her hand in the same place leading to mixed blood.

Come on already, what are we? Kindergartens making excuses for not handing in homework? What is the possibility that both of them would bleed in exactly the same places not once or twice but multiple times? I think anyone with a bit of sense can see that they are clutching at straws.

However, I was a bit disappointed that few things were missed out. For instance, the fact that Guede’s footprints led straight out of the house, the fact that Amanda’s lamp was found without any obvious reason in Meredith’s room, Amanda’s extremely odd midnight call to her mom that she conveniently “forgot”, her million showers despite her concern towards “water conservation” etc.

Sollecito’s multiple changing stories were not really elaborated upon (the story in which he went to a party, the one in which he checked emails, the one in which he pricked Meredith etc etc).

Also, inconsistencies between their accounts of various events could have been pointed out (Was Filomena’s door open or close? Did AK call Filomena from the cottage or from Sollecito’s house? etc).

Witness accounts were not given any screen space either. I think touching upon these would have made the documentary even more impressive.

That said, I understand that the team has done the best they would within the limited time they had, and everything just cannot be accommodated within one hour.

So, all in all, kudos to the team and BBC for a job well done.

Review by Odysseus

I though it was a very competent overview of the case. After so much pro-defendant spin in the MSM (no doubt engineered by the American defendant’s PR outfit), it was refreshing to have a sane, measured and rational presentation. The victim deserves no less.

Congratulations to BBC3 and to the programme makers. It’s good to know that the BBC of blessed memory hasn’t been entirely dumbed-down nor intimidated by “partial outside interests”, the latter being director Andrea Vogt’s own description of the forces intent on muddying the waters in this case.





Tuesday, February 18, 2014

Congratulations To The BBC For A Report Emphasizing The Sheer Extensiveness Of The Evidence

Posted by Our Main Posters



[From the BBC report: Meredith the night before the cruel, deadly attack with her Halloween friends]


This is the painstaking and obviously expensive report by Andrea Vogt and Paul Russell with interviews in London, Seattle and Perugia.

It was aired by the BBC on 17 February. Considerable time is allocated to defense lawyers and experts and the Knox family and Ann Bremner of the FOA taking their best shots at explaining how Knox could maybe have not been involved.

Still, the sheer mass of the evidence remains as the 80,000 pound elephant in the room, lacking any hint of a realistic alternative explanation. Three people committed the horrific attack, including Rudy Guede and two others.

Only Knox and Sollecito remain pointed to by dozens of evidence points as those two others. Not one single evidence point indicates anyone else was involved. The Masssei trial court got it right as the Nencini appeal court just confirmed.

We will enquire if we can embed the hour-long video. But as it may be picked up by US and other foreign media outlets, we will start by simply summarizing it soon.  Assessents by those who have already seen it are welcomed.


Friday, February 14, 2014

Hard Questions By Italian Journalist Giuseppe Castellini For Sollecito

Posted by Peter Quennell


[Above: Giuseppe Castellini of Giornale dell Umbria has long exposed the Knox/Sollecito lies]

1. Overview Of Italian Media Takes

The fast-growing satires of Knox and Sollecito in Italy described in our previous post are not just emerging in a vacuum. 

The many tough crime-show comperes and crime reporters in Italy have rarely let Knox or Sollecito get away with any of their lies. One example was when Bruno Vespa, the host of Porta a Porta, Italy’s most popular crime show, forced Francesco Sollecito to admit to Italy that his son lied extensively in Honor Bound. Another example is when Oggi published some of Knox’s lies and they were rapidly exposed. For seemingly endorsing Knox’s lies Oggi will face trial for obstruction of justice. 

There are countless other examples where Sollecito and Knox have been exposed as liars. The super-sharp editor of the Giornale dell Umbria, Giuseppe Castellini, has just published this challenge to Sollecito who had absurdly had claimed that nobody ever wanted to ask him any questions in court.

2. Giuseppe Castellini Questions RS

The translation is by Miriam. 

Murder of Meredith:  a few questions for Raffaele Sollecito

Raffaele Sollecito, found guilty and condemned to 25 years by the Appeals Court of Florence, for the murder of the English student Meredith Kercher (for the same crime Amanda Knox was also found guilty and Rudy Guede is already serving a definite sentence of 16 years) has stated that he was never questioned in court, because no one ever asked him.

For the record and in order to have a complete picture at, it should be remembered that during the investigation, Sollecito twice took advantage of his right to not respond to the questions of the PM Mignini.

So if it’s true that the prosecutors, in all the trials never asked to question him in court, neither did he ask to be, limiting himself to giving several times making spontaneous statements, without being cross examined.

However, this is not the real point. The fact is that Raffaele could not or did not want to respond to the questions of the investigators.

His version was always brought forth in detail by his lawyers, obviously, but that is not the same thing.

Important questions remain to which Raffaele did not answer directly during cross examination by the Prosecutors.  Let’s try to summarize some crucial unanswered ones. Who knows if Raffaele will ever decide to respond in detail right here on these pages even though ““ at the moment ““ it seems improbable. We address him directly, sure that he reads these pages.

1. The first time that you were questioned in Questura you said that the first of November 2007 (Meredith was murdered the night between the first and the second of November) after a walk through downtown Perugia (before that you and Amanda have been in the house in via della Pergola). You came home around 08.00pm while Amanda come back much later around 01.00am, you then changed your version saying that you had always been together.  Your first statement seem like a distancing from Amanda, in those hours nobody knows what she did, while the second one has a complete different flavor.  Why did you radically changed your version?

2. It’s proved by the findings (even if your lawyers contested it) that the computer in your house was activated for about half an hour from 05.32am till little after 06.00am of the second of November.  For the experts of the Police it was certainly a human interaction.  You, instead declare that you and Amanda were sleeping.  So who was it then that was using your PC at that hour? 

3. Your and Amanda’s cell phones were turned off at the same time around 08.40pm of the first of November and they were turned on, practically at the same time, a little after 06.00am of the second of November (at that time you received the “good night” sms sent from your father the night before).  How do you explain all this? 

4. You stated that you were not in the house in via della Pergola.  How it is possible that your DNA is on the bra clasp (17 loci that shows your genetic profile, and for the father of Italian genetics, Prof. Vescovi, that with the current processes are not only enough, but more than enough to match your DNA).  And why did luminol revealed a bare right foot print compatible with yours, in addition to the one on the bathmat in the small bathroom? (the size of the big toe, just to point out one thing, is just like yours, while Rudy’s is a lot smaller).

5. Why, if Rudy was the only assassin, in the corridor would he cancel only the bare foot prints, leaving in plain sight always his, but left with the shoe print of his left foot?  Doesn’t it come to mind that whoever cleaned up the prints thought to cancel theirs (specifically the ones ascribed to you and Amanda) leaving behind those recognizable as Rudy’s?

6. You and Amanda were seen by the homeless Antonio Curatolo late the night of the murder and Amanda was seen by the shopkeeper ““ that knew you well and already saw you with Amanda ““ enter in the shop at about 07.45am to buy something and go back toward piazza Grimana.  You and Amanda say that at that hour you were sleeping in your house. Is there something that can demonstrate this, that up to now has slipped away and that would give you the missing alibi?


3. Questions For RS Of Our Own

We have advanced plenty of questions for the evasive Sollecito of our own. Here are seven examples.


Wednesday, February 12, 2014

In Italy The Faux Self Pity Of Knox And Sollecito Is Increasingly Becoming A National Joke

Posted by Peter Quennell



Meet Amanda Knox the Perugian Chipmunk version.

Knox’s Facebook page is also being satirised and ridiculed (one message there reads “Perugia Hates You”.) Some may actually believe the rumor that Knox is shopping herself around for salacious movies.

Sollecito being nabbed at the Austrian border because of a quick tip to the police also inspired sarcastic humor in Italy, and several journalists have come up with questions to challenge Sollecito when he gets on the stand, as he so desperately wants or says he does.

We expect some more Italian satire (and maybe not only Italian) and will report on that as well, as this long-needed and much-deserved hit-back against dishonest pandering to media audiences could prove an important trend.

If satire proves the way to stop RS and AK babbling lies daily about the case and Italian justice via every craven media outlet, then well done Italy!! Nothing else seems to work to shut the two up, although their false claims and smears could constitute obstruction of justice.

If Knox and Sollecito want to avoid being spoofed, they have two very easy ways to do so: (1) shut up and avoid the media, or (2) stick to telling the truth.


Tuesday, February 11, 2014

The Much-Demonized Rudy Guede Is Back In The News And Increasingly Threatening

Posted by Peter Quennell





Rudy Guede has long DELIBERATELY been demonized so that the attack on Meredith can be assigned to him alone.

This description of Guede’s early days in the Ivory Coast and Perugia in the excellent Darkness Descending by Paul Russell and Graham Johnson remains the ONLY one that fully checks out. Certainly not that by the dishonest PR shill Nina Burleigh.

Guede wasn’t especially an angel, and some in Perugia were iffy about him. But he had real friends, and up north he held a real job with a real career future, until that prospect imploded and sent him haplessly back to Perugia.

Late in October 2008 Judge Micheli discounted all that Guede ever said about his role in the attack on Meredith in various conversations and statements, and sentenced Guede to 30 years.

But Judge Micheli also concluded that there was no firm evidence either that Guede acted alone or that Guede was a drifter, drug dealer, knife wielder or burglar (Micheli was very sharp with one witness who claimed Guede may - may - have broken into his house).

In 2009 through his lawyers Guede enquired of the prosecution whether he might testify at the Knox-Sollecito trial.

But the prosecutions’ hands were already tied by the indictments and they (rightly) believed they had a really strong case regardless of anything Guede could add.

At the 2009 trial the defenses pussyfooted around and never settled for a firm position on Guede. They floundered in their subdued attempts to prove that Guede or somebody else unknown was the so-called Lone Wolf.

The Lone Wolf theory is really a zombie theory with so many stakes through its heart that no court will ever take it seriously.

Guede’s steadfast fallback position before and since was that he was only in the house on the night of the attack because Meredith invited him to come in and they began love-making.

At his late-2009 first appeal and also at Sollecito’s and Knox’s 2011 appeal before Judge Hellmann, he increasingly firmly pointed the finger at Knox and Sollecito as the murderers.

Guede had been initially inclined to let sleeping dogs lie after he was mysteriously beaten up in the sex offenders wing of Viterbo prison, where prisoners are meant to be kept very safe.

But Judge Massei’s scenario of the attack on Meredith in his March 2010 Sentencing Report, with Rudy Guede as the lead instigator, really bothered him.

And in mid 2010 he became even more bothered when claims were made by a fellow prisoner the baby killer Mario Alessi that Guede confided that he really had committed the murder, along with two others. Not with Knox and Sollecito.

A very angry Rudy Guede in turn wrote a letter denying this which very rapidly went public.

In 2011 there was a tense confrontation in the Hellmann court (which several times descended into chaos) when this letter, in which by now Guede firmly accuses Knox and Sollecito, was read out for him.

Guede stuck to this position on the stand, and he was not required to face full cross-examination by the shrill, frustrated defenses because he was already convicted and no longer the one on trial. 

Seemingly fed up with all the dirty tricks against him and the now-incessant Knox and Sollecito mantras in the media that Guede had acted alone, he has come out with another letter.

Italy’s AGI News Service has posted this letter to an unidentified recipient, along with this report.

(AGI) Perugia, February 11 “Against me are being repeated false imaginated reconstructions of the crime for the sole purpose of wanting to denigrate my figure and person, systematically and in a negative way, in the public eye and not just in Italy.”

He apparently also posted what he wrote in his own hand on the Facebook page “Legal processes and their surroundings”...

The letter is on a sheet of notebook paper handwritten and signed by Guede.

“To my regret I am again forced to take a pen and paper and write for the sake of the truth.. to all those thousands of people who still believe in justice.”

“They can not access all the pleadings and components of this sad and extremely complex legal case which was dramatically painful for those who lived it . My sentence and judicial reasoning have been for too long subject to a continuous and willful manipulation and alteration of the data of the proceedings.”

“Against me are made continuous false and imaginary reconstructions for the sole purpose of wanting to denigrate my figure and person, systematically and in a negative way in the public eye and not just the Italian.”

“In the final judgment, as far as I’m concerned about these false and imaginative reconstructions, is that I was acquitted of theft and simulation of crime, a fact that I never hear mentioned in the various journalistic reconstructions.”

“I also want to point out I do not accept in any way to be passed off and continually held up as a drifter, a thief, a homeless man, seeing my person and my dignity offended continually, denigrated and stereotyped by facts and things that do not realte to me… when I had a beautiful family and precious squeaky clean and friendly relations in Perugia.”

Fast-forward to today, where reports say that Guede is getting close to day-release for study purposes and may only be months away from making more evidence against Sollecito and Knox public.

Our posting lawyer TomM has looked at the issue of Guede being allowed out to study, and finds it regular and humane in this assessment.

I respect the Italian system of criminal justice. Just as I recognize that the Italian courts have much better information than anyone posting on the internet relating to the culpability of the defendants in this case, I also think that the people who oversee Guede’s stay in prison are better informed as to his fitness to be reintegrated into society. That he would be allowed out during work days to become better educated, returning to his prison cell at the end of the day seems to me a more enlightened approach than what we do here.

We used to have training programs in prisons. I don’t know that they were “cushy”, but they did work, so that when these convicts were released they were equipped with a marketable skill and rarely re-offended. But, the public thinks these were too cushy, so more Draconian circumstances and longer sentences are now the norm. It used to be people were sent to prison as punishment, now they are sent for punishment.

Sometimes when a prisoner who has spent his or her entire adult life in prison completes the sentence imposed, they have to be physically dragged from their cells, so ill-prepared are they for anything other than doing time. With no skills, social or job-related, they re-offend—surprise, surprise. Sometimes re-offense is for the purpose of being returned a world that, for all its dangers is, to them, relative safety.

While it is certainly true that prison doesn’t have much impact on sociopaths, the one thing they are attached to is money. Taking away their money does impact their behavior, so there is an alternative to killing them.


Thursday, December 05, 2013

With Sollecito’s First Plea For Mitigation Seen As A Flop, His Behavior Seems Extremely Suspect

Posted by Peter Quennell



Sollecito headed for Dominican Republic, but stopped pending court okay

1. Post Overview

A week ago Prosecutor Crini had begun a two-day summary of the state’s case so stark and implacable that it had two effects on Sollecito.

He stayed in his hotel on the second day; and he then took off like a rabbit for some destination initially unknown and repeatedly lied-about by his father (see Part 3 below).

One of his lawyers (accidentally?) broke the secret. Sollecito had flown to the Dominican Republic. Where he just happens to have some really unsavory relatives. 

2. High Drama In The Nencini Court

Sollecito has not ever taken the witness stand.

And given the minefield his foolish book and media claims amount to, don’t hold your breath expecting otherwise soon. However, last month Sollecito did use the Italian accuseds’ privilege of making an impromptu plea to the judges.

He was not under oath and not subject to cross-examination by the prosecutors. He did not address the copious evidence, and was seen as attempting to humanize himself to perhaps get some years knocked off a final sentence.

As always, Knox forces were left confused, thinking he had somehow helped both of them. But Sollecito repeatedly drew attention to his being an Italian and in effect to Knox and Guede not being Italians, thus once again separating himself from Knox on lines Barbie Nadeau also described here..

Our main poster Yummi was in the court and reported in part as follows:

One of the woman judges kept staring elsewhere and almost never watched Sollecito all the time he was talking. Sollecito’s speech itself was actually not that exciting. It was so overt that he was focused on portraying himself as a person who is so good and cannot hurt anyone, not the bad guy described in the media.  The real and only topic of Sollecito’s statement was himself, who he is, his “true” personality, he begged them to look at what a good and suffering a boy he is…

And believe me, Sollecito was just whiny. For a big part of his speech he was just putting distance between who he is today and the person he was when he was 20 years old. He talked about the impossibility of finding a job (the job he would like to have in a corporation, obviously, not just any job) and wanted the judge to project to his condition from that of young Italians who can’t hope to see a future.

Then 10 days ago the skilled senior prosecutor Dr Alessandro Crini fired back, and effectively demolished Sollecito’s premature statement. As we reported, Dr Crini took nearly two days to do that.

Sollecito was again in court on the first day, but was seemingly unable to face Dr Crini’s onslaught on the second day. He remained holed up at his hotel.

Although Dr Crini settled on a lowest-common-denominator motive - a Lord of the Flies flare-up which had escalated into mob violence and the fatal stab to Meredith - his recounting of the evidence and associated behavior of the pack was comprehensive and very hard. Translated from Cronaca:

Meredith was treated “as if she was an animal.” In this way Dr Crini defined the dynamics of the murder of Meredith Kercher during his indictment.

According to Dr Crini, the attack escalated to the point where the attackers felt they “needed to get rid of a girl they had abused”. While Rudy Guede sexually abused Meredith Kercher, supine on the floor of her room, Raffaele Sollecito and Amanda Knox, according to the reconstruction, were at each side of the body of the victim.

“The mouth and neck of the victim were contained in a fierce way to avoid Meredith going berserk and screaming, and when Meredith did in fact manage to scream, she received the final fierce stab to the throat.” Two knives were used in the crime at the house in Via della Pergola on the night between 1 and 2 November 2007”...

Dr Crini referring to the bra clasp of the victim, said that “the presence of the DNA of Raffaele Sollecito is quite certain” and explained at length why there was no “possibility of contamination”.

Amanda Knox was at the scene of the crime, according to the identification made “‹”‹by the scientific police in Meredith’s room of an imprint of a shoe (female size 36-38 according to the results of the analysis)... On the pillowcase, the center of gravity of this bloody history, were found a palmprint of Rudy Guede and this print of the shoe.”




3. High Drama Right After End Of Court

Dr Francesco Sollecito was reported as being shocked by the unrelenting tone of the indictment. However, Sollecito’s plight is not nearly as bad as the ever-stubborn Amanda Knox’s.

Knox has already served three years and was fined heavily for obstruction of justice. She could face another year for that if it is found to have been aggravating. And as the post below mentions, she could face as many as three more charges for aggravating obstruction of justice. 

Sollecito in contrast has respected the court by actually showing up, and, unlike Knox, has lately shown restraint in accusing his accusers.

However, the day after Dr Crini ‘s startlingly powerful summary of the case against him, it looked like Sollecito was hastily taking off out of Italy for somewhere. 

La Nazione reported that police at Florence Airport had held back a fully loaded Air France flight to Paris while they checked with the prosecution that he was indeed allowed to leave the country.  La Nazione said the prosecutors have some concern that he might skip and not come back, but he did voluntarily come back previously from the Dominican Republic, and his family has always ensured some presence in court.

But next TGCom24 reported that Sollecito’s father had claimed that Sollecito had already gone home to Bisceglie, although he is a free citizen still in possession of a passport and can travel anywhere if he wishes.

But then TGCom24 reported that he had indeed flown to Paris, but had turned around and come straight back again, to stay with family friends.  And that on 8 December he will sit his final exams in computer science at the University of Verona.

However, soon after that La Nazione reported that Sollecito’s father had been contradicted by his lawyers, and his erratic son had slipped through his fingers and flown “for his work” back to the Dominican Republic. Translation by Jools:

1 December 2013 ““ SCOOP. Denials, lies, game by the defenders. But in the end it’s up to the lawyer Luca Maori to admit: “Raffaele Sollecito returned to Santo Domingo, as anticipated on Friday by La Nazione”

He embarked from Florence’s Peretola Airport and made a stop-over in Paris, from where he then flew to the Caribbean island where he spent the last few months that preceded the start of the new appeals process. “But there is nothing strange - minimizes the lawyer - Raffaele went back to pick up the things he left there, will be back in ten days for the final exams and to await the judgment. With anxiety, but self-assured.”

No escape, just a normal “work” trip. Permissible, since there is no measure that prevents the accused to leave Italy. But the departure of Sollecito, accused of the murder of Meredith Kercher along with former girlfriend Amanda Knox (already sheltered in the U.S.) caused some sneering. And even the agents of the Border Police, when they saw him in front of the [departure] gate, made a phone call to the Procura to be sure whether the journey in the midst of the appeal process was really “normal.”

IN FACT. Sollecito ‘s father, in an understandable effort to defend his already too overexposed son, slipped on the so-called banana peel, placing the young man within a few hours in various locations, but never in the true destination across the ocean: in Verona, preparing for the final exam in computer science in regard to the thesis, or in Paris, but just for a flash-stay from which he was back the day after. At Christmas, maintained the father, Raffaele will return from abroad. Maybe for the last break before the final rush of the Mark II process, which, according to calculations by the Assize Court of Appeal, could be concluded on January 15.

Meanwhile, the hearing on 16 December is for the remaining civil parties, then double date for the defence, (December 17 and January 9) and hearing on the 10 dedicated to counter-argument. With Sollecito in the courtroom, assures the lawyer.

Nothing strange?! Doctor Sollecito lying repeatedly, instead of explaining to the media where Raffaele went, and why he went there, and why it was a huge secret, was VERY strange.

It should have official minds very seriously wondering why. WHAT did Raffaele have to do so secretly in the Dominican Republic - where his notorious mafia relatives from Montreal occupy a town there?



Sunday, November 10, 2013

The Crime-Scene Clean-Up: How Rudy Guede’s Diary Provides Even More Proof That It Happened

Posted by pat az





This post is crossposted from my own place. Here is one of my previous crime scene analyses on TJMK.

Rudy Guede was ultimately declared convicted by the Supreme Court in 2010 of participating in the 2007 murder of Meredith Kercher.

The prosecution claims the two other participants are Amanda Knox and Raffaele Sollecito. Knox and Sollecito are currently appealing their conviction of the same crime.

The case against the three of them involves a suspected clean up of the hallway in the apartment after the crime. Meredith’s blood was found in the bathroom, and half a footprint in her blood was found on the bathroom mat. However, there was no visible blood between Meredith’s bedroom and the bathroom.

The only visible blood in the hallway were faint partial shoe prints that led directly out the front door of the apartment.

After the murder was discovered, the media reported almost daily on developments in the case. The day of the murder, the press reported on the blood found in the bathroom and the bedroom.

But until police used luminol at the apartment on December 18th, the media didn’t report on any significant blood found in the hallway.  Between November 2nd and December 18th, only one person stated that significant amounts of blood had been in the hallway.

Rudy Guede.

Rudy Guede actually wrote about it in his diary between Nov 20th and Dec 6th, after being captured in Germany.






The police arrived at the apartment on November 2nd. According to media reports, the blood they spotted immediately was only in the bathroom and Meredith’s bedroom.  When the scene was more closely examined, after the discovery of the body, police found visible blood patterns on the floor left by Guede’s left shoe as he left the apartment.

None of the people who arrived in the apartment on the afternoon of November 2nd reported seeing them; these footprints are not in any of the stories of the events of Nov 2nd told by Amanda Knox nor Raffaele Sollecito. So, while these prints were visible, they were not substantially obvious.

On December 18th 2007 investigators applied Luminol in the hallway and other bedrooms. This forensic chemical is used to detect blood which has been cleaned away. The Luminol revealed several footprints in the hallway between the bedrooms of Knox and Meredith. Example below. Some of these footprints were leading towards Meredith’s door.



They also discovered prints in Filomena’s room which contained Meredith’s DNA and Amanda Knox’s DNA. They also revealed a footprint in Amanda Knox’s bedroom. (The defense unsuccessfully contested the investigator’s conclusions that these prints were made with blood).

On November 19 2007, an international arrest warrant was issued for Rudy Guede. He was arrested in Germany on November 20th. Guede remained in Germany until his extradition on December 3rd.

During his stay in jail in Germany, Guede wrote a long statement that was published and translated. Guede’s writings are similar to to Knox’s jail writings in many ways - they both try to write out their own detailed version of events, while pointing blame elsewhere. 

But Guede’s comments may in fact be confirmation of a clean-up after the murder of Meredith Kercher (emphasis added):

I am asking myself how is it possible that Amanda could have slept in all that mess, and took a shower with all that blood in the bathroom and corridor? (Guede, Germany Diary, P21)

The police did not find evidence of any other blood until December 18th, AFTER Guede returned from Germany. As indicated above, the luminol revealed multiple footprints in the hallway, in Knox’s bedroom, and in Filomena’s bedroom. The image below shows these results in blue. Guede’s partial footprints are shown in red.






The conclusion is inescapable: Guede knew there would be significant evidence of blood in the hallway, before the police themselves found that evidence.

How did Guede know there would be more blood found in the hallway, before the police found that evidence on December 18th? And why wasn’t that blood there on the morning of November 2nd?

The courts believe the blood in the hallway was cleaned after the murder of Meredith Kercher. And the Micheli and Massei courts believed only one person had the motivation to hide this evidence: Amanda Knox.

Here is a summary of Judge Micheli’s October 2008 indictment finding.

In Judge Massei’s December 2009 trial finding for the original conviction of Knox and Sollecito, he also writes about the clean-up that the judges believed to have happened:

Further confirmation is constituted by the fact that, after Meredith’s murder, it is clear that some traces were definitely eliminated, a cleaning activity was certainly carried out. In fact, the bare foot which, stained with blood, left its footprint on the sky-blue mat in the bathroom, could only have reached that mat by taking steps which should have left other footprints on the floor, also marked out in blood just like (in fact, most likely, with even more [blood], since they were created before the footprint printed on the mat) the one found on the mat itself. Of such other very visible footprints of a bloody bare foot, on the contrary, there is no trace. (Massei, Dec 09; PMF translation)

In defense of Guede, Knox, and Sollecito, some might try to claim that Guede heard about blood in the hallway in the news. Rudy Guede was arrested 18 days following the murder of Meredith Kercher. During that time he had access to read the news and watch reports.

I have searched for articles in the period between November 2nd and December 18 which mention blood. All of the articles I have found so far discuss blood in the bedroom or the bathroom. One or two discuss footprints leading to the front door.

None of them discuss blood in the hallway that would justify a statement from Guede of “tutto quel sangue nel bagno e sul corridoghe” (all that blood in the bathroom and in the corridor)

Guede himself said he went between the bedroom and the bathroom, so may have tracked blood into the bathroom and therefore known blood would be found in the hallway.

Even that knowledge however confirms a clean-up, as there was not a trail of blood between the bathroom and Meredith’s room that justifies the footprint on the bathmat and blood found in the bathroom.

I have my own questions as a result of Guede’s knowledge of blood in the hallway:

Could the attack have started in the hallway? Could the first blood shed have been on the hallway tiles?

The prosecution and courts argue that Amanda Knox had a role in the attack and murder. Knox and her supporters are very adamant that there is no trace of Knox in Meredith’s bedroom. While the courts argue otherwise, could Knox’s role have been limited to the hallway?

Sadly, we may never know the full truth of what happened on the evening of November 1st, 2007.

My timeline of media reports on blood

  • Nov 2nd: Meredith Kercher found. Blood found in bathroom.
  • Nov 5th: Police analyzing traces of blood from apartment below.
  • Nov 5th:  A “trail of blood” is on the inside handle of the door to the apartment.
  • Nov 7th: reports of Amanda Knox’s statements, includes finding blood in the bathroom.
  • Nov 14th: Police use of Luminol at Sollectio’s house. First reports on the knife seized by police from Sollecito’s house.
  • Nov 19th: Analysis of blood in bedroom (pillow, bra, etc).
  • Nov 22nd: Guede’s prints in blood.
  • Nov 27th: Amanda Knox’s blood on bathroom tap.
  • Nov 28th: Blood in bathroom.
  • Dec 5th: Reports of Guede’s letter to father: “there was so much blood”.

My timeline of main events involving Guede

  • Nov 2nd, 2am ““ 4:30 am: Guede seen by witnesses at Domus nightclub.
  • Nov 3: Guede leaves Perugia for Germany
  • Nov 11: Guede’s cell phone tracked in Milan (Corriere)
  • Nov 12: Newspaper reports a 4th suspect.
  • Nov 19: Guede identified as suspect in newspapers
  • Nov 19: Guede skype conversation with friend.
  • Nov 20: Patrick released from prison.
  • Nov 20: Guede arrested while trying to return to italy on train in Germany.
  • Nov 21: Guede interrogated by German police; Guede admits to being at apartment, blames an italian man for murder.
  • Nov 20-Dec 5: Guede writes diary in German prison.
  • Dec 3:  Germany grants Guede’s extradition back to Italy.
  • Dec 6: Guede returns to Perugia.
  • Dec 7: Guede interrogated by Magistrate.
  • Dec 14: Guede ordered to remain in prison.
  • Dec 17: Knox is questioned by Mignini.
  • Dec 18: Police use luminol in apartment and find footprints in hallway and in Filomena’s bedroom.

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