Category: 16 Interrogation hoax

Thursday, October 08, 2009

Newsweek’s Barbie Nadeau Has A Really Vital Piece On How The Evidence Stacks Up

Posted by Peter Quennell

And,  in short, it is ominous.

Click above for the full report. This really IS vital reading. A few key excerpts as follows.

Evidence: Rudy Guede

Who it hurts: Knox and Sollecito

Rudy Guede is the 24-year-old Ivory Coast native convicted in a fast-track trial last October for his role in Kercher’s murder. He is serving a 30-year sentence (his appeal begins on Nov. 19). Guede, who refused to testify in the Knox trial, has admitted that he was in the house when Kercher was killed. He says Kercher invited him there and that the two were making out when a stomach cramp from a bad kebab sent him to the bathroom. He was on the toilet with his iPod headphones on through four songs and, when he came out, Kercher was dying. He says he tried to save Kercher by using a towel to sop up the blood on her neck wounds, but he was scared after a man he says looked like Sollecito told him that “they’ll pin this on the black guy.” Guede fled to Germany, where he was later arrested for skipping a train fare. His feces (found in a toilet), along with his DNA and fingerprints from Kercher’s bedroom, link him to the crime scene. The sentencing judge who convicted him, though, did not see him as a lone assailant. Instead, the judge wrote in his sentencing report that he believed Guede acted with Knox and Sollecito.

Evidence: Murder dynamic

Who it hurts: Knox and Sollecito

One of the most complicated aspects of Kercher’s tragic death is how the murder itself played out. The prosecution believes that Knox, Sollecito, and Guede taunted Kercher in a sex game that quickly escalated to violence and ended in murder. Countless forensic experts, including those who performed the autopsies on Kercher’s body, have testified that more than one person killed her based on the size and location of her injuries and the fact that she didn’t fight back””no hair or skin was found under her fingernails. The defense has confused matters more: Knox’s forensic specialist testified that Kercher had been killed by only one person from the front, but Sollecito’s expert testified that Kercher had been killed by one person from behind.

Evidence: Knox’s confession

Who it hurts: Knox

On Nov. 5, 2007, Sollecito was called to the Perugia police station for questioning about Kercher’s murder. Knox testified last June that she did not want to be alone, so she accompanied him. During his interrogation, Sollecito admitted to police that he did not know for sure if Knox actually spent the night of the murder at his house, as she had told police earlier. Since Knox was at the police station, the head of the murder squad decided to ask her a few questions. Her interrogation started at about 11 p.m., and, by 5:45 a.m., Knox had told police that she was in the house when Kercher died””and that Patrick Lumumba, the owner of the nightclub where she worked, was the assailant. She even described Kercher’s screams. She, Sollecito, and Lumumba were arrested. The next day, Knox wrote a five-page memorandum reiterating everything she said the night before. But since there was no lawyer present during her interrogation””and so far no one has produced an audiotape of the interrogation””Knox’s attorneys were able to have her verbal confession thrown out of evidence. The five-page memorandum still holds….

Evidence: Conflicting alibis

Who it hurts: Unknown

Knox maintains that she spent the night of Nov. 1, 2007, at Sollecito’s house. Sollecito did not take the stand during this trial, and his lawyer told NEWSWEEK that it was, at least in part, because he could not corroborate Knox’s alibi….

So Sollecito did not take the stand in part because he could not corroborate Knox’s alibi. Wow. That has to hurt.

Very much more in Barbie Nadeau’s original piece.  We recommend that you read it all.

Friday, July 31, 2009

Prosecutor Mignini Describes What Actually Happened At The Session With Knox Ending 5:45 AM

Posted by Peter Quennell

Linda Byron is an investigative reporter for a TV station in Seattle.

Her investigative exclusives seem almost exclusively to consist of long and unchecked quotes from the FOA camp together with two or three spaniel-eyed questions.

Which then become yet another shrill report on Seattle TV about what those dastardly Italians are doing to poor Knox. A typical report of hers can be seen here (try later if they are still hiding it).

These are a few of the facts of the case that Linda Byron seems NOT to have mastered.

• That the Italian process of justice is actually very fair and very cautious, is tilted much more to the defense than in the UK and US, and requires prosecutors to jump through a number of hoops before they ever get their case to trial.


• That a judge in Perugia last January issued an impressive 106-page report which explains in great detail why he decided Guede was guilty and why a great deal of evidence suggests that Knox and Sollecito might be too.


• That there are TWO senior and respected prosecutors on this case, not just one, that the victim’s family has expressed full confidence in them, and that neither prosecutor has ever made any claims about a satanic motive here.


• That the prosecution has just presented a formidable case with the help of Italy’s equivalent of the FBI and Scotland Yard, and the defenses seem to be gaining little traction in bringing it down or offering alternatives


• That almost every prosecutor in Italy runs into administrative charges at some time in their career, they are so easy to file, and the charges against Mr Mignini always did look politically motivated and frivolous and likely soon to evaporate.


• That the sliming of Mr Mignini has not been a success, that the FOA campaign in Italy has not been a success, and that Amanda Knox on the stand doesn’t seem to have been much of a success either.

And that above all there is a REAL victim here at the heart of this sad crime, known by the name of Meredith Kercher. And that her poor family is suffering for real here -  though of course many miles away from Linda Byron.

So. Instead of good journalism at long last in her latest report, what does Linda Byron have to offer?

No surprises here. Yet more of the sliming of Mr Mignini (this is an acrobat version).

“There are many parallels between the Monster of Florence case and the Knox case, I mean there are shocking parallels,” said American crime writer Doug Preston.

Preston says Mignini believes the monster was no lone psychopath, but part of a satanic sect. He suggested an eerily similar motive for Kercher’s murder, which took place on November 1, 2007.

“Which is right before the Italian day of the dead, and that this was some kind of satanic ritualistic ceremony that they were engaged in. That they killed Meredith Kercher as part of this satanic ceremony,” said Preston….

“He decides right up front with almost no evidence based on his gut feeling or intuition that you’re guilty and then sets out to prove it,” said Preston.

Actually, there seem to be no parallels whatsoever between the Florence and Perugia cases. For example Amanda Knox was interrogated only for two rather short periods - and Mr Mignini was not even present at the first of them.

And Mr Mignini was quite tangential to the Monster of Florence case. He was actually investigating a drowning to the west of Perugia. And when Preston and his partner interfered in Mr Mignini’s case in a particularly harebrained manner, a sharp response was inevitable.

Linda Byron invited Mr Mignini to provide a response to the heated claims in her piece. Either the response was completely over her head, or she did understand it and tried to bury it - it is ONLY only available in Italian, via a link, with a second link to Yahoo’s awful cut-and-paste translator.

Here now is Mr Mignini’s entire response put into good English, not by Yahoo, but by two of our own excellent native-Italian speakers.

Dear Ms Byron,

I hope we will be able to meet and discuss sometime in person, since some of the issues you have examined, specifically the Florentine proceedings against myself and Dr Giuttari, are way too complex to be described in just a few words. I will try to give a short answer here.

To begin with, there is no relationship between the events that are the subject of Spezi’s and Preston’s book and the murder of young Ms Kercher beside the fact that I am the one person dealing with both the Narducci proceedings (connected to the Monster of Florence case) and the Meredith Kercher murder.

These two are totally different events, as well as wholly unrelated to each other, and I am not able to see any type of analogy.

Furthermore, while the precautionary custody order for Spezi has been voided by the Tribunale del Riesame of Perugia, exclusively on the grounds of insufficient elements of proof, the precautionary custody order for Knox was firmly confirmed not only by the Tribunal of Riesame in Perugia,, but above all by the Sixth Section of the Court of Cassazione, which has declared the matter decided and closed.

About the “sacrificial rite” issue, I have never stated that Meredith Kercher was the victim of a “sacrificial rite”.

It should be sufficient to read the charges to understand that the three defendants have been accused of having killed Ms Kercher in the course of activities of a sexual nature, which are notoriously very different from a “sacrificial rite”.

The Monster of Florence investigations have been led by the Florentine magistrates Adolfo Izzo, Silvia della Monica, Pierluigi Vigna, Paolo Canessa and some others.

I have never served in Florence. I have led investigations related to the case since October 2001, but only with regard to the death of Dr Francesco Narducci, and just a superficial knowledge of those proceedings [Dr Narducci drowned or was drowned] would suffice to realize that I never spoke of a “sacrificial rite” which in this case doesn’t make any good sense.

About the defense lawyer issue.  Mr. Preston was heard as a person claiming information about the facts (in effect a witness), but after indications of some circumstances against him surfaced, the interview was suspended, since at that point he should have been assisted by an attorney, and since according to the law the specific crime hypothesis required the proceedings to be suspended until a ruling on them was handed down.

All I did was to apply the Italian law to the proceedings. I really cannot understand any problem.

In the usual way, Knox was first heard by the police as a witness, but when some essential elements of her involvement with the murder surfaced, the police suspended the interview, according to Article 63 of the penal proceedings code.

But Knox then decided to render spontaneous declarations, that I took up without any further questioning, which is entirely lawful. According to Article 374 of the penal proceedings code, suspects must be assisted by a lawyer only during a formal interrogation, and when being notified of alleged crimes and questioned by a prosecutor or judge, not when they intend to render unsolicited declarations.

Since I didn’t do anything other than to apply the Italian law applicable to both matters, I am unable to understand the objections and reservations which you are talking about.

Secondly, I have told you that explaining the nature of the accusations against me is a complex job.

In short, it has been alleged that I have favored Dr Giuttari’s position, who was investigated together with two of his collaborators for a (non-existent) political forgery of a tape recording transcription of a conversation between Dr Giuttari and Dr Canessa.

The latter was giving vent to his feelings, telling Dr Giuttari that the head prosecutor in Florence (at the time) was not a free man in relation to his handling of the Monster investigations.

A technical advisor from the prosecutor’s office in Genoa had tried to attribute that sentence to Dr Giuttari, without having previously obtained a sound test from him, only from Dr Canessa.

I decided, rightly and properly, to perform another technical test on that tape for my trial (I have a copy of it, and the original transcripts of the recording).

I had the technical test performed by the Head of the Sound Task Force of the RIS Carabinieri in Rome, Captain Claudio Ciampini.

If Giuttari had lied, Captain Ciampini would have certainly said so. But his conclusions from the analysis were that that sentence had been pronounced by Dr Canessa. And by the way, this is clearly audible.

I then deemed it appropriate to interrogate the technical adviser from Genoa, in the sphere of the investigations led by me, since the people under investigation were thoroughly but inexplicably aware of the development of the investigation of Dr Giuttari.

The technical advisor from Genoa had made some absolutely non-credible declarations, and I had to investigate him.

The GUP from Genoa, Dr Roberto Fenizia, by means of a non-contested verdict on 9 November 2006, acquitted Dr Giuttari and his collaborators, because the alleged crimes had never occurred.

Therefore, I am accused for doing a proper and due investigation, without even the consideration that I have spared some innocent people from a sentence. I leave any further evaluation up to you.

As for the phone tappings, they had been fully authorized or validated by the GIP. [Those charges are now thrown out.] Explain to me how they can be considered wrongful. I haven’t been able to understand this yet.

This is the story of that case in short, and I am certain the truth will prevail.

None of us is guaranteed not to be subjected to unjust trials, especially when sensitive and “inconvenient” investigations have been conducted.

When accusations are serious and heavy in Italy, a magistrate that has been investigated or charged suffers heavy consequences.

There are appropriate bodies in charge to intervene according to the current laws, but the Florentine penal proceeding so far hasn’t affected me at all, perhaps because everybody ““ and specifically those professionally working on the matter - have realized that such penal proceedings have been anomalous, to use a euphemism.

As to my possibility to appeal any conviction, the Italian law provides for it, and I don’t need to say more.

I will make some closing remarks on the different jurisdictions.

Indeed there are differences between the [UK and US] common law jurisdictions and those of continental Europe, including the Italian one, which like any other jurisdiction has its flaws but also its merits, of which I “˜m becoming more aware as I carry on.

Furthermore, both jurisdictions are expressions of the juridical culture of the Western world, and this is something that shouldn’t be disregarded.

I don’t think I need to add anything else, except that these issues would need to be discussed in a personal conversation in order to delve further into the matter.

Sincerely

Giuliano Mignini

No wonder Linda Byron seemed to want to bury this letter. Does anybody now not think that the charges against Mr Mignini are quite ludicrous?  Preston’s and the Florence prosecutor’s both? 

Mr Mignini seems to be suggesting to Linda Byron to hop on a plane to Italy and to try getting her facts straight once and for all. Don’t hold your breath waiting for that one.

Sunday, June 14, 2009

Italy Shrugs: Why Amanda Knox’s Testimony Seems To Have Been A Real Flop

Posted by Nicki

Posting from Milan (image below) where we also have been watching Knox testify in Italian.

Here are just three of the disbelieving headlines on the testimony that have been appearing in the Italian press.

• All of Amanda’s wrong moves (La Stampa)


• Amanda growls but Patrick bites (Il Giornale)


• Amanda: I am innocent. But many “I don’t remembers” start popping up (ANSA)

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.

It is true that the Italian media and public opinion in general have not been very benign with Knox. But not for the reasons that the American media seem to want to push.

Let’s make it clear, Amanda Knox is not on trial because Italians are unaccustomed to or even “jealous” of her freedom and lifestyle”¦ The first time we read these “explanations” we found them quite laughable.

But for many or most Italians the initial amusement has now given way to a profound irritation. Amanda Knox’s lifestyle is shared by hundreds of thousands of Italian girls, who like partying and sex as much as she does - or even more - and they live a happy carefree life with no fear of being perceived as “bad girls.” They behave no differently from any other girl of the same age in America or in any other Western country.

Dear American media, welcome to the 21st century and to globalization!  Please put aside pseudo-romantic and passè vision of a country where all men chase American girls because Italian women are not as approachable for “cultural” reasons: Italian men are into foreign girls no more but no less than Italian girls are into foreign boys.

They generally greatly like Americans because of their great interest and curiosity for a country and its people that many Italian youngsters have only known through books or movies. Amanda Knox is not on trial because she is American and therefore too “emancipated”. She could even be from the North Pole as far as Italians are concerned.

What really matters to them is to find the truth about Meredith’s murder and to do real justice for her terrible death. 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 - and they perceive this even more-so after this last week’s court hearings.
 
In addition, the US media’s seemingly endless bashing of the Italian justice system, and of the whole country, most recently by CBS and ABC, has definitely made things worse.

The Italian police are NOT known to be particularly violent - although, agreed, it may happen when they’re dealing with violent males suspects from Eastern Europe or Africa, or in the streets when they have to deal with a riot. Violence is NEVER used with white, female college students from Italy, America or elsewhere.

And Italy is a sovereign state with a great juridical tradition. Receiving condescending lectures by the media of a country where the death penalty is still applied in many states comes across as more than insulting - it is utterly ridiculous. Before you judge the “backwardness”  of the Italian justice system, you should at least first read Cesare Beccaria’s amazingly humane Of Crimes And Punishments (written in 1764) and perhaps you’ll reconsider.

If the American media just cannot understand that there are alternatives to the “American way “, that may not be so bad after all. But they should at least show some respect for a foreign, sovereign state and its people.

If the media can’t even manage to do so - and they really want to help Amanda - the best thing to do now is to go quiet and let the Italian justice work at its pace and according to its own principles. If Amanda is only guilty of arrogance, callousness and narcissism, she will be free soon.

Dear American followers of Meredith and, for that matter, also friends of Amanda Knox. May I speak right to you, and right past the media?

There has been no character assassination, no demonization, no great wave of hate and revenge, no mad prosecutor, no Satan theory of the crime, no invented evidence, and no massive bumbling.

What there has been is a whole stack of evidence and a VERY careful process. Kernit in effect described all the evidence in his extraordinary 150 questions.

And on Friday and Saturday, Amanda Knox for better or worse chose to answer NONE of them.

Saturday, June 13, 2009

Knox Testimony Does Not Seem To Have Gained Much Traction Here In Italy

Posted by Fiori

Posting from Florence (image below) where we have all been watching Knox testify in Italian.

I don’t believe her. It is interesting to see Amanda Knox being cool and self-confident, but testifying about how disturbed she became when the police became pushy during her interrogation. It doesn’t fit.

And it comes across as untrustworthy and contradictory that when asked about her drug use, she puts on a “schoolgirl”’ attitude: In effect “Sorry, daddy judge, I was bad, don’t punish me for being young”.  This seems definitely out of order with the rest of her performance.

“Performance” is the impression I get from viewing the segments shown from the court - a well-rehearsed performance. I suppose that the jury will wonder how this cool person can forget whether she has replied to a sms-message, how she can get so confused that she names Patrick, afterwards “is too afraid to speak to anyone but her mother”, and so on.

Most striking is that Amana Knox’s defence seems to stick firmly to the strategy of “mistreatment”; in effect that the only reason for AK being arrested is false statements produced under “illegal” pressure from the police.

By making “the ethics of police interrogation” the core question of her testimony, the defence - probably deliberately - creates a lot of associations to recent public debates of torture and interrogation techniques applied at Guantanamo Bay and in Iraq.

By doing so they seem to want to try to turn the jury’s attention away from the point that AK knowingly participated in a murder investigation, and that any person with her intelligence will know that anyone who is called as a witness is required to show respect for the authorities - regardless of their nationality!

With reference to a variety of public materials from the US (“48 Hours” by CBS and many other reports), the way in which the Italian police have conducted Knox’s interview does not significantly differ from similar type interrogations made by US police. (This is not a stamp of approval, but removes the reason for any serious critique of the conduct of the Italian police.)

Her calmness and cool attitude, including her performing in two languages, does not, in my view - contrary to what the defence and her father expect - help to bring about an image of “another Amanda Knox” or a “more true Amanda Knox”.

Mostly her performance seems to contribute to shaping her image as complex, manipulative, intelligent, attention-seeking, and with only vaguely defined limits of identity.

Monday, March 16, 2009

Outcome Of Back-Seat Driving: Defense Lawyers Pulling Their Hair Out? Again?

Posted by Peter Quennell

1) Stepfather Chris Mellas

Mr Mellas as reported on Saturday:

He had spoken to Ms Knox on the eve of the hearing. “I told her she’s innocent and she needs to speak up for herself.”

2) Prosecutor Giuliano Mignini

Dr Mignini as reported on Sunday.

The newspaper Corriere dell’ Umbria said that Giuliano Mignini, the prosecutor, would bring an additional charge of slander against Ms Knox, since all police officers and interpreters who have given evidence at the trial have testified under oath that she was at no stage put under pressure or physically mistreated.

3) Stepfather Chris Mellas as reported on Monday:

Ooops. Did I just cost her 6 more years? Maybe her lawyers really can advise Amanda better than an amateur who doesn’t speak the language. 

I’m on the next plane outta here. Sorry, kid, and all that. Still friends, though, right?

Okay, we made that last one up. But maybe even Amanda Knox is now thinking this way?

4) Times Report - Full Quote

The [UK] Times

Richard Owen, Rome

March 15, 2009

Amanda Knox, the American student charged with the murder and sexual assault of Meredith Kercher, faces an additional charge of slander for claiming that police struck her while she was being questioned.

At the latest hearings in her trial in Perugia, Ms Knox claimed that police had put her under psychological and physical pressure to admit that she was present at the murder.

Ms Knox, who has the right to address the court at any time during her trial, was reacting to evidence from Anna Donnino, a police interpreter who claimed that Ms Knox had behaved “as if a weight had been lifted from her” when she admitted that she had been at the scene of the crime and accused Patrick Diya Lumumba, a Congolese bar owner for whom she worked part-time, of the killing. Ms Knox told police that she had covered her ears in the kitchen to block out Ms Kercher’s screams.

Ms Donnino said that when questioned after Ms Kercher’s body was found, Ms Knox walked up and down nervously at the police station, “hitting her head with her hands”. She had denied responding to an SMS message from Mr Lumumba telling her there was no need to come to work because there were few customers, leaving her free for the evening. But she broke down when police said phone records showed that she had done so, Ms Donnino said.

“She showed extreme emotional involvement ““ she was crying and visibly shocked, saying ‘It was him, it was him. He’s bad’,” Ms Donnino added.

Ms Knox, speaking in fluent Italian, said police had called her a “stupid liar” during “hours and hours” of questioning during which she had stuck to her story that she spent the night of the murder at the flat of Raffaele Sollecito, her former boyfriend and co-accused.

She said that Ms Donnino had suggested to her “that probably I didn’t remember well because I was traumatised, so I should try to remember something else”. There had been an “aggressive insistence” on the text message she had received from Mr Lumumba, Ms Knox said. She insisted she had been slapped on the head by police, adding “I’m sorry, but it’s true”.

Ms Donnino said that Ms Knox had been “comforted” by police, given food and drink, and had at no stage been hit or threatened.

The newspaper Corriere dell’ Umbria said that Giuliano Mignini, the prosecutor, would bring an additional charge of slander against Ms Knox, since all police officers and interpreters who have given evidence at the trial have testified under oath that she was at no stage put under pressure or physically mistreated.

Ms Kercher’s semi-naked body was found under a duvet on the floor of her bedroom in November 2007, at the hillside cottage in Perugia she shared with Ms Knox and two Italian women. She had been stabbed in the throat.

The prosecution accuses Ms Knox and Mr Sollecito of murdering and sexually assaulting Ms Kercher with Rudy Guede, an Ivory Coast immigrant who was given a 30-year sentence last October for the crime under fast-track procedures. He began his appeal last week, claiming Ms Knox had killed Ms Kercher in a row over stolen cash.

The all-night interrogation in which Ms Knox accused Mr Lumumba and described blocking her ears was ruled inadmissible by Italy’s Supreme Court because no lawyer was present. However a voluntary statement written by Ms Knox in English repeating this scenario has been accepted as court evidence despite defence protests. The defence claims Ms Knox was not at the cottage during the murder but at Mr Sollecito’s flat.

Mr Lumumba, who was arrested but later released without charge, is suing Ms Knox for defamation. He is also seeking damages for wrongful imprisonment.

Aida Colontane, another police interpreter, told the court that she had noticed a red mark on Ms Knox’s neck which “leapt out” from her “extraordinary pallor”. Laura Mezzetti, one of the Italian flatmates of Ms Knox and Ms Kercher, has also testified that Ms Knox had a red mark on her neck. Curt Knox, Ms Knox’s father, has suggested the mark was a love bite.

Fabio D’Astolto, an English-speaking police officer who helped to question Ms Knox, told the court that she and Mr Sollecito had behaved strangely, kissing and cuddling and talking together in low voices. A number of other witnesses have given the same testimony.

Mr D’Astolto said he had ensured that Ms Knox understood procedures and questions at all times. Daniele Moscatelli, another police officer, said officers had confiscated a long knife from Mr Sollecito, who had explained to them that he collected knives as a hobby. Mr Sollecito appeared confused and nervous during questioning, he said.

At the last hearings two weeks ago the court was told that Ms Knox had done cartwheels and the splits while waiting to be questioned by police. However Chris Mellas, her stepfather, who is attending the trial, said that his stepdaughter was doing yoga exercises and a police officer had asked her to do gymnastics, remarking “You look rather flexible”.

Oreste Volturno, the police officer who led a search of Mr Sollecito’s flat, said he had been struck by “the powerful smell of bleach”. The prosecution says the kitchen knife found at the flat which is presumed to be the murder weapon had been scrubbed with bleach in an attempt to erase blood and DNA traces.

The court was told that police investigating Ms Knox had tapped her phone calls and intercepted her correspondence before and after her arrest, including an email to friends in Seattle in which she claimed that she had found Ms Kercher’s body. She had written and received around 600 letters over a six-month period, all of which were intercepted and then translated by a team of four police interpreters. Her conversations with prison visitors were also recorded.

Francesco Maresca, the lawyer for the Kercher family, said that the suspects’ alibi that they had spent the night of the murder at Mr Sollecito’s flat had collapsed after Marco Trotta, a police computer expert, said that tests on Mr Sollecito’s computer showed that nobody had used it on the night that Ms Kercher was stabbed to death. Mr Sollecito claims he was at his flat working on his computer at the time of the murder.

Mr Trotta said tests his team had carried out on Mr Sollecito’s computer showed “no human interaction” between 9.10pm on November 1 and 5.32am on November 2, 2007. Ms Kercher’s body was found in the late morning of November 2 but she is believed to have died between 9pm and 11pm the night before.

Mr Sollecito says that he downloaded and watched the film Amelie during the night. However, Mr Trotta said that the film had been watched at around 6.30pm. Ms Kercher returned to the cottage she shared with Ms Knox at about 9pm.

Ms Knox’s Italian language teacher in Perugia, Antonella Negri, told the court that as a class exercise Ms Knox had written a letter to her mother, after the discovery of her flatmate’s body but before her arrest. “In it she said she worried and confused and she wanted her mother to travel to Perugia so she could distract herself and they could go shopping together,” Ms Negri told the court. She said Ms Knox had referred to the murder at the start of the class. “She leaned forward on to the desk and lay her head in her arms.”

The trial resumes next Friday, when the six jurors are expected to tour the murder scene in an inspection requested by lawyers acting for Mr Sollecito. The prosecution claims Ms Knox and Mr Sollecito broke a window at the cottage to simulate a burglary, but the defence contests this.

The court was shown grainy CCTV images said to be of Ms Kercher returning to the house shortly before her death. The images were taken by a surveillance camera at the car park above the cottage. Defence lawyers said that the footage was of such poor quality that it should not be admitted as evidence.

Saturday, March 14, 2009

Trial: More Testimony On Knox Acting Weird After Meredith Was Murdered

Posted by Peter Quennell

Overview

Click above for the full ABC website report.

Perhaps ABC News is attempting to turn over a new leaf here. Long conspicuous for banging the PR-inspired drum about a frame-up of Knox by those meanie Italians, ABC now seems the one American network attempting its own reporting.

This story was written by Ann Wise, apparently in Rome on 13 and 14 March,  with Zach Nowak, an American resident of Perugia, in the courtroom.

Witnesses on these two days included investigators D’Astolto and Volturno and interpreters Colantone and Donnino.

1) Testimony about Knox hitting herself on the head

Fabio D’Astolto, an English-speaking police officer in Perugia, told the court today that he was asked to come to the police station on Nov. 2, 2007, the day Kercher’s body was found, to help question Knox.

“She seemed calm, as if nothing had happened, while everyone else was crying,” said D’Astolto. However, when D’Astolto accompanied Knox to have her fingerprints taken, he said Knox “paced up and down the hallway pretty nervously, and brought her hands to her head, hitting herself on the temples.”

D’Astolto said her behavior worried him, and he offered to get her something to drink, but Knox said she was fine.

At bottom here is a full translation of this testimony by Catnip.

2) Testimony about Knox shaking uncontrollably back at the house

Another interpreter, Ada Colantone, described Knox’s behavior two days later when she and the two Italian women who also shared the Perugia apartment were taken back to confirm that the knives found in the kitchen belonged there. Knox “started shaking,” recounted Colantone.

“She was shaking so hard that the coroner went over to her. She was visibly upset, and made to lie down on the couch.” She said Knox also began crying.

3) Testimony about Knox’s “emotional shock” at seeing Patrick’s text message

Anna Donnino, an interpreter for the Perugia police, said she was summoned to the police station to translate just after midnight. Knox was calm as police talked to her again about what she had been doing the evening of Nov. 1, the night Kercher was slain, Donnino said.

But Knox had an “emotional shock” when she was shown a text message she had sent to Patrick Lumumba, her boss at the pub where she worked occasionally. “She brought her hands to her head, and shook it,” Donnino told the court. And also: “It’s him, he did it, I can feel it,” referring to Lumumba.

The questioning stopped, and when Knox was asked if she wanted a lawyer, she said no, according to Donnino. Donnino repeatedly confirmed that Knox was never mistreated, and made her statements voluntarily.

Included in this post is a transcript of Anna Donnino translated by Catnip.

4) Testimony about Chief Inspector Oreste Volturno’s investigations

He testified that he took part in the search of Raffaele’s place; and investigated when and where the bleach found there was purchased, and investigated the 20 euro withdrawal from Meredith’s account, and tried to track down Raffaele’s school and police records; and also participated in the seizure of material from the Telenorba TV station after their broadcast had gone to air.

On the next post here is a full translation of this testimony by Catnip.

5) Finally, Knox rose in the court today to attempt some damage control:

In Italian courtrooms, defendants are allowed to make statements during their trial, and Knox stood today to refute the police depiction that they treated her well and that her statements were made voluntarily.

In a respectful but insistent tone, Knox said in clear Italian, “The witnesses are denying things about the interrogation. There were hours and hours that they don’t talk about, during which I confirmed my story and there was an aggressive insistence on the text message to Patrick,” she said.

6) Translation Of Testimony Of Assistant Fabio D’Astolto

Fabio Astolfo helped translate during interviews, helped with food and drink from the vending machines, and observed Amanda hitting herself while on the way to get her fingerprints taken.

Transcript translated is of testimony given in the hearing of 13 March 2009, pp 68-84

[68]
Depositions of the witness Fabio D’Astolto

The witness, admonished pursuant to Article 497 of the Criminal Procedure Code, reads the oath.

Particulars: Assistant Fabio D’Astolto, with the Perugia Police ““ Flying Section; born 22 July 1972 in Sydney (Australia).

President: Mr Public Prosecutor.

Public Prosecutor, Dr Mignini
QUESTION: You on the date of 2 November 2007 were in service at the Perugia Police Station, in which office in particular?
ANSWER: I was at the Flying Section of the Station.

Q: You were born in Australia?
A: Yes.

Q: Your mother tongue is English?
A: Yes, yes, I lived in Australia until 14 years of age, I studied several”¦

Q: I wanted to know this, you remember the murder of Meredith Kercher, you took part in investigation activity or anyway had been called in relation [69] to the investigations that were being carried out?
A: I had been simply called as someone knowing English the afternoon of the 2nd.

Q: Do you remember the exact time?
A: It was afternoon but the exact time, exactly I don’t remember.

Q: Were you there in the Police Station?
A: I was at home and then they had called me from the Station saying that they needed a person who obviously knew the English language, I did nothing else but take the car and go to the Station.

Q: You knew that Meredith Kercher was dead and how she died?
A: No.

Q: What did you know?
A: I knew that there was a decease, but how”¦

Q: Knew from whom?
A: Yes, then when I had arrived at the Station that I went to the office they had mentioned that there was an English girl but I absolutely didn’t know how this girl had died.

Q: So it could even have been a natural death?
A: For me it could have been a natural death, suicide, I don’t know, anything.

Q: So no one had informed you?
A: No.

Q: So you arrive at the Station and then what happens?
A: I arrive at the Station, I go into the Inspector’s office, I go in, I sit down beside the Inspector and I begin, in quotes, to translate what they were asking me and then I was referring, that is I was re-translating the words of the signorina.

Q: You’d spent”¦
A: This was my job. Miss Amanda.

[70] Q: You’d spent how many hours at the Station?
A: A lot, up until around seven in the morning, more or less.

Q: You had in practice carried out the functions of an interpreter?
A: Yes, simply translating what was asked and then the reply.

Q: By Amanda Knox?
A: Yes.

Q: Can you say what behaviour Amanda had?
A: Her behaviour was, in my opinion, enough”¦

Intervention: No, not your opinion, let’s avoid evaluations!

President: Like a photograph.
A: Yes. Her behaviour was one thing only, in the sense that it seemed to me to be something calm enough, as if absolutely nothing had happened, this was her behaviour.

Public Prosecutor ““ Dr Mignini: Were there also other girls?
A: Yes, there were other friends, I think acquaintances, anyway there were other girls inside the Station, at the Flying [Squad] and they were all obviously tried.

Q: What were they doing?
A: They were seated quietly, they were really”¦ some were crying, some were a bit distressed obviously by the event.

Q: Amanda, you had seen her also waiting to be heard or else you’d seen her only in the”¦
A: I had seen Amanda for the entire span of time that I was inside the Police Station because obviously then we were there also with the other persons, every now and then I was accompanying some girl down to get something to drink, something to eat, we have a little [71] automatic machine, a vending machine downstairs, so if they needed anything we were always obviously at their disposal.

Q: You saw her with Sollecito in the Station?
A: Yes, yes.

Q: This when, before being heard or after?
A: After.

Q: And after what was she doing?
A: There’s a small waiting room there by the Flying Squad offices where there was obviously everyone, the ones who were waiting to be heard etc etc, their behaviour they were kissing each other, they were hugging, every now and then they were laughing.

Q: Were they talking to each other?
A: Yes, they were talking also between themselves.

Q: Were they talking in a loud voice?
A: A lowered voice, I in fact had heard absolutely nothing of what they were saying. They were talking amongst themselves.

Q: But they had said something at that moment or one of the two”¦
A: Every now and then, I remember that Sollecito asked me once: “But what time are we finishing?” and I had simply told him: “a bit of patience, we’ll try and finish as quickly as we can”, to stay calm for a sec, it takes what it takes.

Q: You’ heard her first at the beginning, that is you’d translated the questions and the answers.
A: I had simply translated the questions that the Inspector had asked and then I’d referred obviously to Amanda, always asking her: “you’ve understood?” and then as Amanda was going me the reply I simply retranslated for the Inspector.

Q: She was demonstrating an ability to in part understand Italian?
[72] A: Yes, yes, she was understanding also because I more than once had asked her “Have you understood? Do I need to repeat the question?”, so.

Q: Then you had also seen her subsequently? Had there been things ascertained?
A: Yes, then I think that it was around four, now I don’t remember well, in the morning obviously, I had accompanied her down where there’s the Scientific Police to take her prints, for the mugshots basically. We had gone down, no problems, then at a certain point along the corridor, right in front of the Scientifica there’s a corridor, she was walking up and down in a quite nervous manner and every now and then she was taking her hands and she was putting them like this on her head, she was hitting herself a bit like this. I at a certain point I started to get a bit worried, if she was feeling ill, I don’t know. Then I asked: “Do you need some water? Do you want a coffee? Do you want to sit down for a bit? Don’t worry yourself, stay calm” and I remember that she had turned round as if to say”¦ in fact she’d said to me: “no, no, I don’t want anything, I don’t need anything”. I’d left it at that, I’d said: “OK, it’s no trouble at all’, if you don’t need anything”.

Q: These blows she was giving herself”¦
A: Basically she was making this gesture here.

Q: Were they strong?
President: A gesture where she was lifting both her hands simultaneously to the height of her temples?
A: Yes, of her head.

President: Repeatedly?
A: Yes.

Public Prosecutor ““ Dr Mignini: She was hitting herself on the head with her hands or just lifting her hands to her head and that’s it?
A: No, no, she was hitting herself.

[73] Q: You have said in the statement of 21 December 2007 “strong enough”, you were saying that she was hitting herself rather hard, at page 10.
A: Yes I confirm that.

Q: You then tried, you insisted?
A: Seeing this scene I became worried and asked her: “Do you need some water? Do you need a coffee? Do you need something? Do we want to go a bit to the machines and get something?”

President: This, when is it that”¦ what time are we at, what day are we at, can you make it precise?
A: It was around four in the morning of the 3rd, so at night basically, around four in the morning if I’m not mistaken. Nothing, I asked her if she needed anything, she turned round and said, “no, I don’t need anything!”, “sorry, OK”.

Public Prosecutor ““ Dr Mignini: Did you by chance hear what they were saying to each other, what she was saying?
A: No.

Q: What she was saying not only to Sollecito, but in the event to the other girls present, to the young English people for example?
A: No, I don’t remember having heard anything, also because she was whispering quietly.

Q: And after having taken her to the Scientifica she left there?
A: Yes, then I accompanied her back up.

Q: How was she after the mugshots actually?
A: She was calm enough and settled herself back down in the waiting room.

Q: So these blows to the head, she was giving them to herself before going to the Scientifica?
A: While we were downstairs, when we had gone down to the [74] Scientifica”¦

Defence ““ Bongiorno: Mr President excuse me because while I’ve been talking to Sollecito, and asking him questions, we have documents on the computer, it’s an electronic instrument”¦
Intervention: It’s linked to the Internet, Mr President!
Defence ““ Bongiorno: {incomprehensible "“ overlap of voices}
President: Everybody! Please, I point out that the order of proceeding in this hearing at this moment is”¦ given the defenders may speak with each other, there are no particular security reasons for which the accused need a different location, they can remain where they are, they can talk and also consult the documents they’re consulting. Please continue”¦
A: Then actually while we were down at the Scientifica, I repeat around four in the morning, more or less that was the time, we had gone down, at the moment in which we had entered the corridor where there was the door to the Scientifica, she started to walk up and down the corridor making this gesture of lifting her hands.

Public Prosecutor ““ Dr Mignini: Multiple times, this?
A: Multiple times, yes.

Q: But you had asked her questions? Had there been something, had you encountered someone?
A: Nobody, we hadn’t encountered anybody, I had taken her and accompanied her downstairs.

Q: And as soon as you had arrived downstairs”¦
[75] A: As soon as we had arrived downstairs we entered into the corridor where the Scientific is she had started to make this gesture and to walk obviously nervously up and down the corridor.

Q: You didn’t occupy yourself with asking any more questions?
A: No, absolutely.

Q: Then you accompanied her back and that was it?
A: I’d accompanied her back up and then I did other things.

Q: I have no further questions.

Defence ““ Ghirga:

Counsellor Ghirga, Amanda Knox defence. It was the 2nd of November when they called you, true?
A: Yes.

Q: Now 15:30 or 16:30 we’re in the Police Station. You were at home, you said?
A: Yes.

Q: Was your morning shift finished, or else were you on holidays? You were at home?
A: Yes, I was at home in any case.

Q: And they were calling you for?
A: They were calling me saying”¦

Q: You were at home, but I asked you: had you finished your shift, were you on holidays?
A: Honestly I don’t remember. I was simply at my home where a call arrived from the Station saying that they needed a person who knew English. No problem, I did nothing else but take the car and go into the Station.

Q: So you take the car and go to the Station?
A: Yes.

Q: Why are you still today saying: “for me, it could have been an accidental death?” If they were calling you that [76] first afternoon, you go to the Station”¦
A: For only a bit.

Q: You’ve used this expression.
A: Then, for a bit only”¦

Q: Mr President he cannot contest what I’m saying!
A: No, I’m not contesting anybody, if you make me respond I will explain.

President: He’s not contesting, he’s waiting to be able to respond.
A: If I’m made to respond I will explain everything.

President: The defence is asking how come they were calling you at home”¦
A: They called me at home.

President: You knew if there was”¦
A: No, absolutely, I went up to the Station, I entered the Inspector’s office, I sat myself down and I began to translate, that’s it.

Defence ““ Ghirga: I’m a step before that, you have said: “for me it could have been an accidental death”, yet you say: “once I arrived at the Station I was informed about something”, is that so? Relating to the death of the girl.
A: Now then after ten minutes or so, twenty minutes, I don’t remember perfectly now, obviously I tried to understand what might have happened, but I was aware that there had been a decease, but I was unaware for what reason.

Q: A couple of questions on the modality of exercising the interpretative activity.
A: Yes.

Q: So you get to be called because you know English, you’ve said, and it couldn’t have been anyone else but, who was translating Inspector Ficcara’s questions.
A: Yes.

[77] Q: Therefore questions in Italian translated into English for Amanda Knox, Amanda was replying and you were translating into Italian the replies given in English?
A: Yes.

Q: Is that so?
A; Yes.

Q: You were translating the questions and you were translating the answers?
A: Exactly.

Q: In the first three pages of the statement of the 2nd, which is in the case file, I don’t see one question, can you explain why?
A: By question is meant, obviously in the moment in which we were taking the summaries [the SIs] it needed a second to say: “What do you call”¦”

Q: No, no, no, excuse me for interrupting, you’re going ahead. I don’t see one question asked by Inspector Ficcara and translated by you, how come?
President: Counsel is asking, in the statement you had said”¦
Defence ““ Ghirga: Not the personal details or the address.
President: You’ve said that you were translating the questions that were being put to Amanda Knox, but Counsel is saying: “I can’t find the questions in the statement”.
A: In the moment in which I was being asked to translate what it was called, where it was obviously needed to formalise the summaries.

President: Yes, but at the moment of the exposition of the facts, who was transcribing it into the record?
A: The Inspector.

President: You were translating into Italian and into English?
A: Yes.

Defence ““ Ghirga: Then he doesn’t remember, he doesn’t know why the questions were not translated.
[78] Public Prosecutor ““ Dr Comodi: But translated or transcribed?
Defence ““ Ghirga: Listen, in the first three pages there isn’t”¦
President: Counsel it’s clear.
Defence ““ Ghirga: It was only to understand the modality and that’s it.
President: Do you know how come the questions weren’t also put into the record?
Defence ““ Ghirga: When he says: “I was translating the questions”, he’s not saying something true because the questions aren’t there.
President: Excuse me, Counsel, please! Why aren’t the questions you say you were translating also reported in the record, if you know.
A: I don’t know.

Defence ““ Ghirga: And the last three are: “RTQ ““ replies to question”, here as well do you know why?
A: I don’t know.

Q: Do you know at what time the bar at the Station opens in the morning?
A: The Station bar varies, the times vary every now and then, in the sense that if there’s a service or anything else, a special service, I don’t know, usually they also open earlier, usually around a quarter past seven, 7:20, I don’t know the opening times exactly because I hardly ever go there.

President: Who manages the bar? Internal Station personnel?
A: No, no, if I’m not wrong they’re external, they have a contract [79] if I’m not mistaken.

President: So they are called in for a particular need?
A: It happens, it’s happened often.

Defence ““ Ghirga: No, I haven’t understood then.
A: The opening hours”¦

Q: You’ve answered about the opening hours, there’s no bar inside the Station?
A: Yes, it is, of course! Sure there is!

Q: You’ve said no now.
A: It’s on the first floor.

Q: Who manages it? Someone private?
A: I think that it might be someone private.

Q: You don’t know the opening hours?
A: Exactly, no, because I hardly ever go there, I’ve been only a very few times.

Defence ““ Dalla Vedova: Just one clarification: do you remember the exact time that you arrived at the Station?
A: Frankly I don’t remember because I wasn’t standing there with a watch, usually I don’t even wear a watch.

Q: Was it in the afternoon or in the evening?
A: No, no, in the afternoon.

Q: Could we say around five or around six?
A: No, it was earlier, at five or six I was already in the Station, it was earlier, much earlier.

President: It was still daytime?
A: Yes, yes.

President: Daytime still?
A: Yes, yes.

President: It’s November, it was still daytime, afternoon.
[80] A: Yes, although I repeat I don’t remember the precise time because I don’t wear a watch, out of habit, and I wasn’t there either to look at the clock honestly, they had called me, they needed someone, I take the car and go, inasmuch as I had no particular need at home and I went.

President: He doesn’t recall. Please, Counsel.
Defence ““ Dalla Vedova: You carried out the function of interpreter also with the other non-Italian girls who were present at the Station, true?
A: Yes.

Q: Exactly what did you do? Were you translating questions also for them?
A: I have to repeat, my job was to translate”¦

Q: I’ve understood that, I asked you if you also interpreted for the other girls, for example Ms Jade Bidwell?
A: Yes.

Q: And also other girls as well?
A: Yes, I remember having also done translation for the other girls.

Q: It was always an interview with an Italian functionary who was asking questions in Italian and you were translating into English and then the English person was answering in English and you were translating into Italian or was there”¦
A: There were summary informations [SIs].

Q: Was it only an enquiry if they needed something, like you referred to earlier, because you were also concerned with offering them a coffee, some water, taking them downstairs.
A: Certainly. Now the point is this: we are human beings to start with, so if a person needs something we have to”¦ if they need a coffee, a glass of water, something else, there are [81] machines downstairs, they’re accompanied downstairs and they’re given it, that’s it. We aren’t”¦

President: Yes, but Counsel was asking, in addition to this activity, which before you had described in relation to Amanda Knox, you have also carried out the function of interpreter and in the examination of Amanda Knox and also in the examination of the other English girls.
A: Sure.

President: How many other English girls if you’re able to recall? All of them or “¦
A: No, now I don’t recall, I think it might have been three, now I don’t remember exactly.

Defence ““ Dalla Vedova: Do you remember having taken part in the statementing of the SIs of Jade Bidwell, mentioned earlier, on the 2nd at 21:30?
A: Possibly yes, although I repeat I frankly don’t remember the names. I don’t remember the names of these girls.

Q: Another clarification in relation to your activity at the Police Station, when you took Ms Knox to the Scientifica to do the prints and photos had you informed her what thing you were going to do?
A: Yes.

Q: And what did you say to her?
A: I said to her that we were going downstairs, that we had to take these prints and that’s it, like what was done with all of the others.

Q: And you also accompanied the other English girls in this activity?
A: I don’t remember, I think no.

Q: You don’t remember?
A: I don’t remember, I honestly don’t remember.

Q: But the other girls also had had the same [82] necessity to do the ID-ing with their fingerprints?
A: I think so, I say I think.

Q: But they were foreigners, was there someone helping the girls in explaining what was happening? If you were with Amanda how was it done? Was there someone else?
A: The point is also this, that some of these girls were also understanding Italian a bit, therefore definitely my colleagues had explained it to them definitely, then I must reiterate I am only one person.

Q: There was some other interpreter that evening?
A: I don’t think so.

Q: So you, from the afternoon of the 2nd until four in the morning of the 3rd, were the sole official interpreter who was working inside the Police Station for all the foreigners, for all the foreign girls?
A: Yes, I think so.

President: You were however the only one, that’s what he’s asking, that you knew about?
A: That I know of I think it was only me.

Defence ““ Dalla Vedova:

In this whole period of time you had always stayed near Amanda?
A: During the summaries and then when I took her for the prints and mugshots, then I was present while she and the other friends and with the other friends were in the Squad office, in the waiting room, so I was there next to the wall, standing there, watching.

Q: And listening to the conversations?
A: No.

Q: But if you were standing there”¦
A: Obviously when they were talking aloud I was hearing something, but it wasn’t that I was”¦

Q: Do you remember if Ms Knox’s phone rang, [83] did she receive calls?
A: This I don’t remember.

Q: Do you remember if Ms Knox had made calls?
A: I don’t remember this either frankly.

Q: Do you remember whether in translating the questions the subject of sexual activity had been put to Ms Knox? If anyone had asked her questions on this subject?
A: I don’t remember.

Q: You don’t remember this subject?
A: No.

Q: And do you instead remember the subject of the vaseline? Whether this question in relation to a presumed usage or in any case the presence of this material had been put?
A: This I absolutely don’t remember. This is news to me, I don’t remember.

Q: You remember in any case whether Amanda Knox had a phone?
A: If I’m not mistaken yes, I think yes.

Q: And the other young people had a phone?
A: I think so, some had used it, I think so.

Public Prosecutor ““ Dr Mignini: But this is cross-examination, they’re not questions”¦
President: Let’s limit it to what was the examination.
Defence ““ Dalla Vedova: Although seeing that he was changing his stance and that he had acknowledged the fact that”¦
President: In fact these questions are being put.
Defence ““ Dalla Vedova: Since it appears from the documents that almost everyone was making phone calls, it would have helped me [84] to understand how come he can claim that the young people were quiet, therefore I wanted to know if anyone had made calls for example to their parents or in any case at that moment.
President: So he remembers that they had them, from their behaviour, under this aspect.
Defence ““ Dalla Vedova: Exactly, under the aspect of their behaviour, when he had claimed that the other girls were quiet, I wanted to better understand what led him to that conclusion, that’s all. Thank you, I have finished the examination.

Public Prosecutor ““ Dr Comodi: Only one question: when the bar in the Police Station is closed, if you want to have a coffee, a tea, a brioche, a bottle of water, do you have to go outside?
A: No, actually on floor zero, on the ground floor”¦

Q: Which is the same floor where there is the bar also?
A: No, the bar is on the first floor. So on the ground floor there are three small machines, one for drinks, the other obviously for snacks etc etc, then there’s the other one for coffee, like those outside.

Q: Which work 24 hours a day?
A: Yes, yes, 24 hours a day.

Q: Is the electricity switched off?
A: No, 24-hour, they’re always on.

Q: Thank you.

President: Very well, you may go.

- - -
Note: “fotosegnalazione” ““ “the taking by police authorities of a person’s fingerprints and face-on and profile photos for identification purposes” ([Italian Neologism Observatory]) ““ has been translated here as “˜(fingerprinting and) mug shots’, according to context. Usage of the term carries no imputed meaning as to legal status.

On the next post here is a full translation of the testimony of Chief Inspector Oreste Volturno by Catnip.

Friday, March 06, 2009

Patrick Lumumba Seeks Damages For His Time In The Big House

Posted by Peter Quennell

Click above for the story.

Knox is being tried on a charge of calunnia for her false implication of Patrick (see an explanation of calunnia at bottom). Patrick was of course the owner of the Le Chic bar, now closed because of the heap of trouble that his former waitress Amanda Knox dropped on his head.

He was held in Capanne Prison for about two weeks as a suspect, after she alleged (voluntarily, in writing) that she had seen him in the house on the night of the crime. And heard Meredith’s screams as he committed the murder.

Might he perhaps not have been so ticked if she had recanted the accusation any time in the next two weeks? Maybe. Maybe not. But Knox might easily have done. Nobody was pressuring her to do otherwise.

This seems an open-and-shut case. The evidence is all there. So Knox lives and learns. We hope.

Explanation of calunnia

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”Ÿs 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.

 

Tuesday, March 03, 2009

Cartwheels Or No Cartwheels? You Be The Judge

Posted by Peter Quennell

[above: examples of cartwheels, not by Amanda Knox]

The ever-careful and supremely objective Steve Shay has another scoop!

This below is Mr Shay’s report to gullible Seattleites (if there are any left) in the, ah, very well-edited West Seattle Herald:

“Amanda accompanied Raffaele to the station where he was then interrogated by Monica Napoleani, the Perugia chief of homicide. Amanda was there to support him, as he had supported her before, when she was interrogated,” said Chris Mellas. Chris Mellas is the husband of Edda Mellas, Amanda’s mother. Both live in West Seattle.

“She was actually sitting alone in a separate room waiting for her boyfriend, and Napoleani said in court Friday (Feb. 27) that when she went to get some water she walked by the room where Amanda was and saw Amanda “˜doing the splits.’ She said she thought this was “˜odd behavior,’ and that Amanda should have instead appeared to be mourning the loss of Meredith.

The tabloid press further sensationalized her statement by changing “˜the splits’ to “˜cartwheels,’ and the mainstream press ran with that. “

“Amanda does yoga to calm herself down and relieve stress, and she told her father and me that’s why she was doing the splits. Also, in those four days she was in mourning over Meredith, which followed her outrage. Six hours after the discovery (of the body) she was like, “˜Let’s find the bastard who killed her.’”

Meanwhile, back here in the real world….  This was the actual report from the BBC News:

Meredith Kercher murder suspect Amanda Knox “turned cartwheels” in the police station after the killing, a police witness told a court in Perugia, Italy.

Former flying squad chief Domenico Profazio said he had to tell Ms Knox and her boyfriend Raffaele Sollecito their behaviour was “not appropriate”.

From Seattle’s own Post-Intelligencer

They were always together, Napoleoni said, and did not want to be separated. While police questioned Sollecito, Knox waited in a side room where policewoman Lorena Zugarini, also present at Knox’s questioning, said she saw Knox doing a cartwheel and the splits. Zugarini said she told Knox it was “not the right place” for such activities.

From the UK’s Sky News:

Ms Napoleone also described Knox’s unusual behaviour at the police station where she had been taken for questioning. She said: “She had complained that she was feeling tired and at that stage I told her that she could go if she wanted.” “She said she wanted to stay, Sollecito was also at the station at the time and she said she wanted to wait for him.

“A few minutes later I walked past a room at the police station where she was waiting and I saw Amanda doing the splits and a cartwheel. It was around 11am on November 5th.

From the UK’s Daily Express:

The exchange came as Inspector Ficarra, of the city’s Flying Squad, described 21-year-old Knox’s bizarre behaviour after her arrest following the killing in 2007.

“I was in the elevator and when I got to the floor where the Flying Squad department is the door opened and I saw Amanda doing floor exercises,” he said.

“She was doing the splits, cartwheels and arching herself backwards, pressing her hands on the floor. I said to her, “˜What on earth are you doing? Is this the right way to behave?’

From the UK’s Independent:

Chief Inspector Monica Napoleoni told the court where the pair are on trial for murder how, at the police station as they waited to be first questioned, Mr Sollecito and Ms Knox “appeared completely indifferent to everything, lying down, kissing, pulling faces and writing each other notes. They were talking to each in low voices the whole time ““ it was impossible that they were behaving like this when there was a dead body in their house. It seemed strange to everybody”. Ms Knox had also “turned cartwheels and done the splits,” she said.

From the UK’s Daily Telegraph:

Ms Napoleoni recalled thinking that Miss Knox and her boyfriend seemed “indifferent to everything” when they were called to a police station in Perugia for questioning on Nov 5, 2007. It was there that the American turned cartwheels and did the splits.

And the last word, as always, from the London Times:

Ms Napoleoni said she and other officers had seen Ms Knox “doing cartwheels and the splits” while Mr Sollecito was being questioned and she was waiting her turn. Ms Napoleoni said she found this “very strange”. She said Ms Knox and Mr Sollecito “had a bizarre attitude throughout - they were laughing, kissing and pulling faces at each other.

Pehaps Chris Mellas and Steve Shay and Ken Robinson of the West Seattle Herald should discover the tubes of the internet.