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

Category: 13 AK persona hoax

Thursday, June 10, 2010

Oprah Winfrey Still Snowed: Still Helping To Advance The Fiction That A BLACK Guy Did It Alone

Posted by Peter Quennell

Sad but true. A black commentator helping to revile Rudy Guede. Certainly a historic first for Oprah - though the US media is unlikely to notice.

Oprah’s emotional fawning over the Knoxes and the Mellases (with copious shots of their kids, and some misleading statements by Ted Simon) is being rebroadcast on the ABC network this afternoon.

Click here for our previous comment - plus plenty by our insightful readers.

Friday, March 19, 2010

Rome Panel On Meredith’s Case: Seems To Have Been Shallow, But Of No Comfort To Knox Apologists

Posted by Cesare Beccaria

[Above: IAF president Rocco Girlanda - a wannabe Italian David Marriott?]


The outrage that directly led to the creation of TJMK late in 2008 was the deliberate attempt to disappear Meredith and to replace her as the “real victim”.

Reversing that horrible trend and ensuring Meredith is revered, and at the end of the day granted her true justice, has always been our main mission. We have also worked to reverse the horrible sliming of Italy (a country Meredith loved and so looked forward to) and the officials and the trial process.

As far as we can see no English-language media have better explained the impressive Micheli Report and the impressive Italian system and the powerful evidence of guilt. Or for that matter lately shown Italy in such a positive light.

Ideally, if it had wanted to spread actual understanding, the Italian American Foundation Rome panel yesterday should have covered much of that same ground.

As far was we can see, it didn’t. And there seems to have been little mention of Meredith.

But at least the panelists seem to have come up with no new criticisms. Today Italy looks no worse, and Knox’s position looks no better. And the panel was inconclusive on what might have happened differently in the United States. (We reckon the outcome would have been identical but the sentences would have been Life.)

Andrea Vogt reports for the Seattle P-I on yesterday’s doings. Key excerpts below.

1) On the Italian American Foundation panel

The gathering was not so much an exercise in legal theorizing as one to smooth the hard feelings between Italy and the United States over the trial of one American college student. It’s a case that has spawned books, Websites and congressional involvement.

In fact, experts decided they couldn’t say what would have happened in an American trial.

“The only answer is, it is impossible to answer this question,” lawyer Anthony Sistilli told the audience, according to ANSA Italian wire services that covered the forum. “We do not want to retry the case. We want to help bridge the gap of understanding, which is our mission for this meeting.”...

“Trial outcomes are unpredictable. You really can’t guess what the outcome would be,” Arcabascio, who is co-director of the Florida Innocence Project, told the crowd. “But reasonable doubt is a standard of proof we use in both countries.”

Arcabascio also noted that sequestered juries are still used in the United States, but less and less common due to the high cost….

“No-one had any intention of bringing up criticisms,” said Rocco Girlanda, president of the U.S.-Italy Foundation told seattlepi.com. “Our scope was simply to compare the judicial systems and trial processes of Italy and the U.S.”

2) On Amanda Knox in prison

Girlanda ended the evening on a light note, saying that perhaps after the case’s expected appeal, the association would even have the chance to have a “special honored guest,” meaning Knox.

He also mentioned that the association is continuing to meet regularly with Knox in prison. Italy-USA Association officials said that prison authorities have called Knox’s behavior in Capanne “exemplary.”

Though she had requested work in the prison laundry, she has been given a less menial task with the prison commissary. Her job, according to foundation officials who meet with her, is to take orders from the various cellmates about what they want from the prison store. Inmates are able to buy items such as candy, cheese, soda or other small shopping items.

There are also some must-read paragraphs by Andrea Vogt on the very fishy commercial aspects of IAF president Rocco Girlanda’s role in the case. Is he seeking a PR contract?

Rocco Girlanda, who is also a parliamentarian and PR consultant, has been criticized before for raising false hopes for Knox apologists, and yesterday he did it again.

Andrea Vogt also reports on the state of Seattle-Perugia relations (with links to some Facebook pages), on the new books on the case, and on a new pro-Sollecito website, apparently created by a certain Chris Mellas.

What a surprise.

Low-traffic low-traction and generally highly inaccurate apologist websites, all with a nasty sneering tone, seem to be springing up like wildflowers these days.

************

Below: IAF president Rocco Girlanda at right with fellow parliamentarians outside Capanne Prison, after visiting Amanda Knox.

Thursday, January 07, 2010

The False Accusation By Amanda Knox Against Patrick Lumumba

Posted by The Machine

This incisive video by our main poster ViaDellaPergola explores Amanda Knox’s accusations against Patrick Lumumba - made even though she knew very well he had then been at his bar.

These accusations resulted in Patrick’s arrest and imprisonment on the morning after the night that she first voiced them. Knox first made the claims as a WITNESS and so no lawyer was present, and so the statement was not entered into evidence.

But later on 6 November 2007 when she was in her prison cell as a SUSPECT she wrote her claims all out again. This purely voluntary written statement (alibi version 4)  by definition puts her at the scene of the crime. 

This written statement WAS entered into evidence - and not retracted or modified in any way until all believability had flown, and Patrick was already back home with his family.

In fact, it was not until she was on the stand on June 12 and 13 2009 that Amanda Knox came up with Alibi Version 5. This is the one never supported by Sollecito - where she claimed she was at his place all night.  Amanda Knox STILL has no alibi that stands firm.

Knox is being prosecuted by the Republic of Italy, not by Lumumba, on a calunnia charge. 

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.

Thursday, December 31, 2009

The Driving Psychology In The Perugia Case: Could Those Just Convicted Be “Charming Psychopaths”?

Posted by Miss Represented

A Newish Psychological Concept

Those not yet familiar with the “charming psychopath” concept may be in for a surprise when they google the term.

It has been quite thoroughly explored in the past decade, in part with the hope of preventing future crimes.

Many thousands of relatives and friends of both victims and perpetrators have had their lives upended when one or other charming psychopath - probably part of a large pool - sheds any constraints, and a cool callous murder results. 

The “charming” component leads easily to denial. There is quite a history of campaigns that set out to deny that any particular such murderer could actually have done it.

They simply seemed far too nice. 

A widely read article by Robert D Hare on charming psychopaths in Psychology Today presented a precise description of the symptoms that should hint to the perceptive eye that something might be seriously wrong.

These are two highly-rated book-length treatments of the charming psychopath concept which have recently been selling well

• Without Conscience: The Disturbing World of the Psychopaths Among Us by Robert D Hare


• Snakes in Suits: When Psychopaths Go to Work by Paul Babiak and Robert D Hare

Psychologists well qualified in this field have now begun to float articles on the concept as it may apply to Raffaelle Sollecito and/or Amanda Knox, and some books will presumably follow.

Here is an article “Signs that suggest Amanda Knox is a psychopath” by an experienced American psychotherapist, Dr Coline Covington, who now practices in England.

She was the former Editor of the Journal of Analytical Psychology as well as the former Chair of the British Psychoanalytic Council, and she has also worked for the London police.  In the article she describes Amanda’s behaviour in court:

Knox’s narcissistic pleasure at catching the eye of the media and her apparent nonchalant attitude during most of the proceedings show the signs of a psychopathic personality. Her behaviour is hauntingly reminiscent of Eichmann’s arrogance during his trial for war crimes in Jerusalem in 1961, and most recently of Karadzic’s preening before the International Criminal Court at the Hague.

The psychopath is someone who has no concern or empathy for others, no awareness of right and wrong, and who takes extreme pleasure in having power over others. The psychopath has no moral conscience and therefore does not experience guilt or remorse.

Most psychopaths are highly skilled at fooling those around them that they are normal by imitating the emotions that are expected of them in different circumstances. They are consummate at charming people and convincing them they are in the right. It is only when they reveal a discrepancy in their emotional response that they let slip that something may be wrong with them.

The psychopath is the conman, or in the case of Amanda Knox, the con-woman par excellence. Her nickname “Foxy Knoxy”, given to her as a young girl for her skills at football, takes on a new meaning.

Whether or not Knox, who is appealing her verdict, is ultimately found guilty, her chilling performance remains an indictment against her. Her family’s disbelief in the outcome of the trial can only be double-edged.

This is not the only time a suggestion has been made that Amanda has displayed behaviour which is often associated with psychopathy. It is a view that I myself have supported in the past.

And similar arguments have just been made by Professor David Wilson and Professor David Canter.  Rather lurid headlines, but their science is sound.

On my companion website to TJMK on the psychological dimensions of the case, Miss Represented, there is some interesting discussion in the Comments on the arguments for charming psychopathia now being presented.

These articles are probably only the tip of the iceberg as more psychoanalysts get drawn to this case.

Saturday, December 05, 2009

“Amanda Knox: Behind The Hollywood Smile, A Liar, A Narcissist And A Killer”

Posted by Peter Quennell

Knox’s flippant callousness in court clearly did her no good.

With the exception of several in the media the universal view seems to be that Knox has been given her due.

Here’s a commentary by Tom Rawstorne that is typical of any of the reporters who followed the best of the reporting from the court.

For Team Knox, it wasn’t meant to end like this. The flights back home to America had been reserved and plans meticulously laid out for the first day in Seattle ““ a manicure to smooth Amanda’s prison-worn nails and then a Mexican meal followed by her mother’s home cooked pastries.

Then there would be the seven-figure media deals to be mulled over (with best-selling crime writer John Grisham pitching to pen the definitive book) and dates with Oprah Winfrey and Larry King to fulfil. There was even talk of a Hollywood film ““ after all, who could resist the story of a beautiful 22-year-old American whose trip to Italy ended with her being forced into confessing to a brutal murder that she did not commit?

But, as film goers know, Tinseltown loves a happy ending, and the guilty verdict delivered last night in the Aula degli Affreschi (Court of the Frescoes) put paid to that.

So instead it is a very different future that now faces Amanda Knox and her family, who had flown in en masse to be by her side for the closing days of the year-long trial.

For Knox, her conviction for the murder of her British flatmate Meredith Kercher means an immediate return to Capanne prison on the outskirts of Perugia where she has spent much of the past two years.

She will be placed in a cell on her own and checked by guards every 15 minutes. If she is deemed not to be a suicide risk in all probability she will then be returned to the five-person cell she was in before.

There she had bagged one of the top bunks, so that she could see out of the window and to the world beyond.

Of course although Knox has been convicted, the judicial process is far from over. An appeal will be launched in the New Year, but that will not be heard until the autumn.

Not only will it take time to organise but it will also cost a lot of money, with high-flying lawyers and forensic experts once again to be retained. It is money that Team Knox claims it no longer has. The family has already spent in excess of $1.2million (£750,000) supporting Knox.

Her divorced parents Edda Mellas and Curt Knox have remortgaged their homes, and so has Knox’s 72-year-old German-born grandmother Elizabeth Huff .

They say that their credit cards are ‘maxed out’ and that they are now so short of money that they will have to sell their homes to continue their fight. Indeed, Mrs Mellas is seriously contemplating moving lock stock and barrel to Italy with her new husband to reduce the need for expensive transatlantic flights.

Mrs Mellas insists that she has never once doubted her daughter’s innocence.

‘Never,’ she says. ‘I’ll do whatever it takes for Amanda, however long it takes. The good news is she will get out of this, the bad news it could take several more years.’

That she and her family are so sure of her innocence has at its essence a belief that Amanda Knox simply could not have murdered another human being.

‘I’ll tell you a little story about Amanda,’ is the way Mrs Mellas explains it. ‘She doesn’t know how to lie. If you were to ask her, “What d’you think of my shoes?” and she thought they were hideous, she doesn’t do the polite thing ““ she’ll tell you they’re hideous. Since she was five she’d do that.’

When Amanda Knox was first remanded in custody a little over two years ago, she vowed that she would learn to speak Italian. Having cut her linguistic teeth on The Jungle Book, she recently finished reading Anna Karenina.

Indeed so good is her grasp of the language that her lawyer has suggested that she should herself go in to the law. While many will raise an eyebrow at such a suggestion it is entirely in keeping with the spin put on Knox’s incarceration by her supporters.

They insist that she has tried to draw positives from her time inside, rather than wasting energy getting angry and resentful about the fate that has befallen her.

So it is we are told that she has whiled away the time by helping teach other inmates English and yoga and by learning to cook, to do needle-point and to play the classical guitar.

‘She’s made it a time to learn, to learn about herself and the friends she has and the way the world works,’ says her mother. ‘She realises it’s not about her any more, she truly sees herself as one of the lucky ones in there.

‘She sees women in there who have no support, or good lawyers, or even family, they have nothing.’

Such a depiction is central to the portrayal of Knox as herself a victim in this tragedy, the suggestion being that the way she has comported herself is indicative of her true character.

Since her arrest, any cracks that have emerged in that portrayal have time and time again been dismissed as being down to ‘naivety’ rather than anything more sinister.

For instance, at the police station prior her to arrest, why was Knox seen performing cartwheels?

‘This is Amanda just being Amanda,’ explains her mother. ‘As her friends would say, “It’s an Amanda thing”. The police were still being friendly to her then, so she was stretching, and they were talking to her and she said, yes, she had been a gymnast, and they were like, “Well, how about a cartwheel?” so she did one.’

Shortly after that came Knox’s confession, the one that put her squarely at the murder scene.

‘It was coercion,’ says her stepfather Chris Mellas, a 36-year-old IT professional who has spent many weeks at the trial supporting Knox.

‘They (the Italian authorities) did what they needed to do to get her to say what they wanted her to say.’

Next they had to explain why she told police that Patrick Lumumba, an entirely innocent bar owner, was involved in the killing. Again, we are told, it was all down to police ‘bullying’, and that ever since Knox has felt ‘terrible’ about dragging him into it.
Amanda Knox on her way to Germany

Then there is the story she had written about a violent rape and posted on her Facebook site that was discovered by journalists following her arrest.Over to her mother again.

‘That was for an assignment at university,’ she says. ‘Her friend Jessie had the same assignment, and she said Amanda’s story is tame compared to hers.’

During the trial there were other slips, other quirks that caused surprise. Arriving at a hearing on Valentine’s Day she wore a t-shirt bearing the slogan ‘All You Need Is Love.’

On another occasion she interrupted proceedings to explain that a pink vibrator found amongst her belongings was a gift from a friend and was just ‘a joke’.

Then there has been her see-sawing behaviour, smiles and flirty flirty glances followed soon after by tears and pained protestations of innocence. On its own, no one is saying that any of the above is indicative of guilt.

But taken with the prosecution’s DNA evidence, it is easier to understand why the jury was willing to accept that Knox did indeed have it in her to carry out a brutal murder.

They clearly did not believe that Knox was an innocent abroad (the girl with the so-called ‘acqua e sapone’ face, the ‘water and soap’ representing wholesomeness and purity).

Rather, they chose to accept the version put forward by prosecutor Giuliano Mignini who describes the real Knox as being ‘narcissistic, aggressive, manipulative, transgressive, with a tendency to dominate’.

Not only was she ‘easily given to disliking people she disagreed with’ but was a ‘talented and calculating liar’.

On the night of the murder, the prosecution alleged, Knox and Sollecito were high on drink and cannabis and returned home after meeting Rudy Guede, the Ivory Coast drifter who was separately convicted of the killing.

Finding Miss Kercher at home alone, Knox decided to take revenge against her housemate whom she had come to view as boring and sober-minded.

Maybe the spark was an argument about Knox bringing home another man, or maybe about some missing money. No one knows for sure. But it is claimed that when Guede went to the bathroom, Knox and Sollecito started to argue with Miss Kercher in her room.

Venting her resentment of Miss Kercher, Knox pushed her violently against a cupboard while her boyfriend held her hair. Guede emerged from the bathroom and joined in, eager to compete with Sollecito to have sex with Miss Kercher.

When she fell to the ground the three tried to undress her, Knox pulling out a knife while Guede began to sexually abuse her.

Mr Mignini told the jury: ‘It is easy to believe Knox said . . . “You were such a little saint . . . now you are going to be forced to have sex”.’

As Sollecito pulled at her bra strap, Knox stabbed her for the first time. Pulling out his own, smaller knife, Sollecito did the same. As it became clear Miss Kercher would not submit, Knox began to strangle her as Sollecito continued to stab her, prompting Meredith to let out the ‘terrible’ scream that neighbour Nara Capezzali heard.

At this point, Knox delivered the fatal blow, plunging her knife into Miss Kercher’s neck at around 11.30pm.

Under Italian law, relatives of victims can ask for compensation from the defendants if a guilty verdict is reached. Miss Kercher’s family have lodged a claim for £22million damages for her death.

While the amount is largely symbolic, it is an additional front for Team Knox to fight. Mr Lumumba ““ later released without charge ““ has also put forward a compensation claim after what his lawyer called his ‘ruthless defamation’.

He has said: ‘My life as a man, husband and father has been ruined because of Amanda Knox.’

Then there is the separate case being brought by Italian police, also for defamation, over an interview given by Curt Knox and his ex-wife Edda to the Sunday Times in which they said their daughter had ‘been abused physically and verbally’ by police.

Team Knox has dismissed the possibility of such court action as a minor problem, adding that all their efforts will focus on clearing the name of Amanda.

Plans for her home-coming will not be cancelled, they say. Just put on hold. Whether that postponement will be a matter of months ““ or years ““ only time will tell.

Monday, November 23, 2009

The Prosecutions’ Closed-Court Reconstruction Of A Brutal And Prolonged Torture Attack

Posted by Our Main Posters

Prosecution video not entered in evidence; this is from the fairly accurate Lifetime Movie

1. The Presentation In Closed Court

The time-line and reconstruction of the attack below were presented in court on Friday 21 November 2009 by the national crime-scene team.

From interviews Italian media reported an account of a premeditated and prolonged attack on Meredith. It included a very graphic computer simulation which upset many in the closed court.

This post relies on those media reports and documents later filed with the court. The simulation was deliberately not placed in evidence as there were fears that if uploaded to YouTube the expected highly negative public reaction could be too prejudicial to the accused.

2. Timeline For Night Of 1-2 Nov

The timing of all the events depicted were multiple-sourced except for the arrival of Rudy Guede, the timing of which is unknown but seems to have been late - maybe around 11:30 pm. Prior to that Knox and Sollecito are depicted as being on watch from the park above while a disabled car is removed. Meredith is inside from around 9:00 PM.

15:48: Meredith texts to her English friends that she will be slightly late for her dinner meeting with them.

16:00 - Meredith leaves the house in Via della Pergola to go to the home of her friends. A few minutes later Raffaele and Amanda leave the cottage in Via della Pergola to go Sollecito’s place.

18:00 - Amanda Knox leaves Raffaele Sollecito’s house. This is indicated by cell phone records.

18:27 - Raffaele Sollecito interacts with his laptop to watch the film “Amelie” alone at home.

20:18 - Amanda Knox in Via Ulisse Rocchi receives a text message (sms) from Patrick Lumumba telling her not to come to work that night.

20.30 - Amanda Knox goes back to Via Garibaldi to the apartment of Raffaele Sollecito.

20:38 - Amanda sends a text message (sms) in reply to Patrick Lumumba.

20:46 - Sollecito turns off his mobile phone. He is still at home in Via Garibaldi.

20:45 ““ Meredith’s meal of pizza with her English friends ends. She starts off in the direction of Via della Pergola with a girlfriend who will leave her halfway to go to her own home.

21:00 - Meredith is at home, she eats a mushroom, she lies down on her bed, and she reads some university lecture notes.

21:10 - From this point on there is no more human interaction with Raffaele Sollecito’s computer.

21:45 - Amanda and Raffaele leave his apartment and go to the Piazza Grimana. Less than 100 meters away from the house in Via della Pergola, the two talk and watch the house and decide what to do. They show a suspicious attitude which is reported in court by the witness Curatolo

23:20 - Amanda opens the door of Via della Pergola.

23.20 - Amanda, Raffaele and Rudy enter the house in Via della Pergola, where Meredith is already present in her room [On the court video there is no simulation of the meeting between Amanda and Rudy, because the reconstruction is based on testimony, the autopsy evidence and medical findings.]

23:21 - Amanda and Raffaele go into Meredith’s bedroom, while Rudy goes into the bathroom.

23:25 - A scuffle begins between Amanda, helped by Raffaele, and Meredith. The English girl is taken by the neck, then banged against a cupboard. Rudy Guede enters and joins in.

23:30 - 23:45 [see Part 3 below] Depiction in the timeline and computer simulation of a prolonged struggle with Meredith at knifepoint, largely undressed, with her several times trying to regain her feet. She was not raped, though sexual humiliation occurred.

23:50 - Amanda and Raffaele take Meredith’s mobile phones and they leave the apartment. Guede goes into the bathroom to get several towels to staunch the blood, then puts a cushion under Meredith’s head.

00.10 - Meredith’s mobile phones are thrown into a garden in Via Sperandio.

00.15 - From this moment, there are no certainties on the times for the rearrangement of the crime scene carried out by Amanda and Raffaele Sollecito. However according to the prosecution in the wee hours of the night Knox and Sollecito returned to the scene of their crime to try and clean up some footprints and to break the window glass of Filomena’s room. The aim was to simulate a robbery that ended in murder and they are charged with this too.

3. Reconstruction Of Attack

It must be emphasized that these EXCERPTS of SUMMARY notes by the crime scene team are only intended to accompany (1) extensive narrative descriptions by various members of the team,  (2) references to numerous items in evidence, (3) the simulation video, and (4) questions from the court.

It was made clear that the analysis indicates that Meredith put up a tremendous fight, over a period of approximately 15 minutes, with three strong attackers, before she finally succumbed holding one side of her neck to try to stop her lifeblood running out. She may not have died for as long as one hour.

Italian media reported that those in the closed court told them the Knox and Sollecito defenses raised no disputes or objections of any length except over having the video placed in evidence. Rudy Guede and his legal team had no standing in this court.   

RECONSTRUCTION OF ATTACK - FRIDAY 21 NOVEMBER 2009

Excerpts from pages 4 to 14 of the technical report on file with the court.

On the left door of the white wardrobe with sliding doors is found, at a height of approximately 50cm, a high concentration of blood traces.

It is reasonable to suppose that, at the moment of the assault, the victim was kneeling down, or in a similar position, in front of the same wardrobe.

The woman then dragged herself (or was dragged by the attacker or attackers) along the floor to the inside left shoulder of the same piece of furniture, and was later found dead in this same spot (this consideration is drawn from the presence of clear blood streaks).

This reconstruction is further confirmed from a technical scientific point of view, by the results of the technical report on B.P.A. (Blood Pattern Analysis) performed by the Principal Technical Director [D.T.P.] Physics, Dr. Francesco Camana, as a result of the site inspection on 18 December 2007”¦

On the left hand of the victim it is possible to observe numerous blood spots and, in particular, a larger patch on the tip of the index finger of the same hand.

The circumstances lead us to believe that the victim’s hand was near the wound when the blow was inflicted or was brought to that point a few moments later.

This consideration can lead us to think that the individual who was holding the victim still, immediately after this blow, struck in all likelihood by another person, relaxed his or her grip and the woman was able, at the same time, to put her left hand on the wound.

It is interesting to observe that there were no stains of a similar nature on the woman’s right hand.

It cannot be excluded, therefore, that the victim’s right arm remained in the grip of the attacker who, in so doing, probably held the body of the victim until the moment she fell onto the floor.

“¦ The observation, in sequence, of the light blue sweatshirt, of the white T-shirt worn by the victim, of the type of stain in the breast area of the victim and of the bra, allow us to develop other important evaluations.

Firstly we must focus our attention on the characteristics of the stain on the aforementioned sweatshirt.

In fact, this appears to be soaked with blood on the right hand side, i.e., in correspondence of one of the lesions produced in the victim of the attack.

This aspect is a confirmation of the possibility that the garment was worn [by the victim] at the moment of the crime.

Further observations lead us to believe the garment was rolled towards the neck and that the zipper was open.

Further, it must be held that the aforementioned sweatshirt was removed in a second moment from the body of the victim who still wore it. “¦

The clear splashes of blood found on the central part of the breasts allow us to argue as follows.

At the moment the blow was struck the breasts were covered only by the bra and as the sweatshirt and the white T-shirt were rolled up towards the shoulders….

The victim’s bra was found near the feet of the dead body, both straps and the closing band appear to be neatly cut.

On the bra cups and on the breasts of the victim there are numerous traces of blood.

Therefore, the bra was certainly worn by the victim before the violent action by the attacker [started and] caused its removal, allowing blood spray to cover that part of the body. “¦

An analysis of the autopsy photographs shows the presence of bruises on both elbows and on the right forearm of the body, caused by the tight grip of one of more persons who in one or more stages of the event interacted violently with the arms of the victim.

Such lesions are, in fact, due to the rupture of subcutaneous capillaries following strong pressure on the point “¦.

Sunday, July 05, 2009

Why Defendants Mostly DONT Testify? Those Devils That Lurk In The Details

Posted by FinnMacCool

Preamble

We have always pressed very hard for the truth to come out. WHY did poor Meredith have to die? And why and how in such a cruel and depraved way?

It now looks almost overwhelmingly certain that the truth did NOT come out when Amanda Knox took the witness stand in the court on 12 and 13 June.

No media organization seems to have made even the slightest effort to analyze Amanda Knox’s testimony, to see if it hangs true with past statements and known timelines.

But the judges and jury will do this for sure.

We have also begun to cross-check the testimony, and the first results look quite devastating for the defense. 

1. A phone call before dawn

The phone is ringing in Seattle. Edda Mellas wakes up - it is long before dawn, on a Friday morning early in November. (To be precise, it is 0447 on November 2, 2007.)

Her daughter is calling from Italy - Amanda doesn’t usually call at this hour, she’s usually more careful about time zones.

Speaking to ABC’s 20/20 show a few weeks later, Edda described the content of that call as follows:

[Amanda] goes, “I’m back at my house, and I want you… first I know I’m okay.” And I said, “Okay, you know, what’s goin’ on?” And she said, “Well, I was at Rafael’s last night… and I’ve come home now and I think somebody’s been in my house…” And she told me, “We can’t find Meredith. We can’t get a hold of Meredith. And her room is locked.” And I said, “Hang up and call the police.”

Phone records show that the call lasted a minute and a half. Amanda is concerned enough to wake her mother before five in the morning. First, she reassures her mother that she herself is okay. She explains what will later become her alibi for the murder of Meredith Kercher - that she spent the night at Raffaele Sollecito’s apartment.

Then she explains why she is calling in the middle of the night - there are signs that someone has been in the house, that Meredith’s door is locked, and that she and Raffaele have been unable to make contact with Meredith.

Edda’s reply is simple, and plainly it is good advice: hang up, and call the police.

Phone records show that a minute and a half after this call ended (at 1250) Raffaele made a call to his sister Vanessa, who is a lieutenant in the carabinieri.

We don’t have too much detail about the content of this call (since Vanessa hasn’t testified and Raffaele is exercising his right to silence) except that it appears to have been similar to Amanda’s call to her mother. Raffaele briefly explains the problem at the cottage and Vanessa advises him to call the police.

A minute later, Raffaele calls the police. After a phone problem - he has to call back after being placed indefinitely on hold - he calls them a second time and explains the problem. Since these calls were recorded, we know exactly what was said.

Raffaele claims that someone has broken into the house through a broken window and caused a lot of disorder. There is a lot of blood, but nothing has been stolen, and the main problem - as he sees it - is that there is a locked door. The police say that they will send a patrol to verify the situation.

Edda’s testimony, supported by the police and phone records, shows a straightforward link from the call she received at 0447 Seattle time (1247 in Perugia) to the calls that Raffaele makes to his sister (1250) and the police (1251 and 1254). That whole process takes just eight minutes.

At 0524 (1324 in Perugia), Edda receives a second phone call from her daughter. Amanda explains that the police have now arrived and found Meredith’s dead body.

2. Two days later: an email

The murder makes the international news. Several phone calls follow. Over the weekend, Amanda is one of several people being interviewed by the police, alongside others who knew Meredith, or who arrived at the crime scene before the discovery of the body.

At home in Seattle on Sunday, Edda Mellas receives an email from her daughter, which is copied to multiple recipients (friends, family, and staff at the University of Washington). 

Amanda describes how, on the Friday morning, she went home, showered, noticed some problems, returned to Raffaele’s apartment, went back to the cottage with Raffaele, and became increasingly alarmed about the various signs that an intruder had been in the house.

Then there is a part that Edda finds strange. Amanda describes the following events, as regards calling the police:

“in the living room raffael told me he wanted to see if he could break down merediths door. he tried, and cracked the door, but we couldnt open it. it was then that we decided to call the cops. there are two types of cops in italy, carbanieri (local, dealing with traffic and domestic calls) and the police investigaters. he first called his sister for advice and then called the carbanieri. i then called filomna who said she would be on her way home immediately. while we were waiting, two ununiformed police investigaters came to our house.

Something is missing from this account. There is no mention at all of the pre-dawn call that Amanda made to her mother - the one in which Edda herself told Amanda to call the police. Naturally Edda trusts her daughter. But there is something about this part of the email that troubles her, because it doesn’t square with her own memory of what had happened on Friday morning.

3. The next weekend: visiting Amanda in prison

Edda decides to travel to Perugia to support her daughter in the aftermath of her housemate’s murder. She leaves Seattle on Monday, November 5, planning to meet Amanda in Perugia first thing on Tuesday morning.

However, by the time Edda arrives, Amanda has already been arrested on suspicion of involvement in the murder of Meredith Kercher.

In fact, it seems that Amanda has accused a local man, Patrick Lumumba, of committing the crime, while she herself was in the kitchen of the cottage, covering her ears so as not to hear Meredith’s screams.

Amanda has also written a subsequent document in which she partly stands by this accusation and partly withdraws it, claiming that it now seems “less real” than her previous statement that she spent the night of the murder at Raffaele’s apartment.

Although she has never been to Italy before, Edda does have some contacts in Perugia, since the town is twinned with Seattle. These contacts advise Edda about finding a lawyer for Amanda, so that she can dismiss the court-appointed attorney and appoint a local lawyer (Lucian Ghirga) who remains Amanda’s legal representative to this day.

Mr Ghirga explains the difficulties of Amanda’s having told several versions of events, and advises specifically of the dangers of accusing an innocent man. He hopes that Edda will be able to help Amanda resolve these difficulties, and to tell the clear truth about what happened.

On Friday, November 10, Judge Claudia Matteini finds sufficient grounds for continuing to hold all three suspects (Raffaele Sollecito, Amanda Knox and Patrick Lumumba) pending further investigation.

On Saturday, November 11, Edda Mellas visits her daughter in jail. It is now eight days since Edda received that phone call before dawn in Seattle.

One of the points she wants to help Amanda resolve is that puzzling omission from the email of the pre-dawn phone call. How could it be that Amanda has forgotten making that call? Here is a transcript of the conversation between Edda and Amanda about that pre-dawn call:

Edda (surprised): But you called me three times.

Amanda: Oh, I don’t remember that.

Edda: Okay, you called me first to tell me about some things that had shocked you. But this happened before anything really happened in the house.

Amanda: I know I was making calls. I remember calling Filomena, but I really don’t remember calling anyone else. I just don’t remember having called you.

Edda: Why would that be? Stress, you think?

Amanda: Maybe because so many things were happening at once.

Edda: Okay, right.

 

4. “I really don’t remember this phone call”

Edda is not the only one who finds it surprising that Amanda could simply forget making the call.

Judging from the records, and from Edda’s testimony, that forgotten call appears to have triggered Raffaele’s calls to the police.

Prosecutor Manuela Comodi focused specifically on this point when questioning Amanda in court on June 13, 2009.

Initially, Amanda claimed that she was still unable to remember having made the pre-dawn phone call. She reported that the first call she remembered making was the one at 1324 (0524 in Seattle), which followed up the forgotten call with an account of how the police had arrived and had now found Meredith’s body.

Comodi:  You said that you called your mother on the morning of Nov 2.

Amanda: Yes.

Comodi: When did you call her for the first time?

Amanda: The first time was right away after they had sent us out of the house. I was like this. I sat on the ground, and I called my mother. (Note: This is the 1324 call.)

Comodi: So this was when either the police or the carabinieri had already intervened.

Amanda: It was after they had broken down the door and sent us outside. I don’t know what kind of police it was, but it was the ones who arrived first. Later, many other people arrived.

It’s hard to know what to make of Amanda’s account here. It’s one thing to have forgotten making that pre-dawn phone call. But Amanda is now expecting the court to believe that she has also forgotten this prison conversation with her mother, along with the suggested reason (“stress”) for forgetting the call.

As Comodi presses her further about this phone call, Amanda’s only response is that she simply doesn’t remember making it.

Comodi: But from the records, we see that you called your mother - not only from the billing records but also from the cell phone pings - that you first called your mother at twelve. (Note: this is the 1247 call - actually much later than 1200.) At midday. What time is it at midday? What time is it in Seattle, if in Perugia it is midday?

Amanda: In Seattle it’s morning. It’s a nine hour difference, so, ah, three in the morning.

Comodi: Three o’clock in the morning?

Amanda: Yes.

Comodi: So your mother would certainly have been sleeping.

Amanda: Yes.

(Note: because of a difference in when Daylight Savings Times changes, the actual difference on November 2, 2007, would have been just eight hours. Midday would be four o’clock in Seattle. 1247 in Perugia would be 0447 in Seattle.)

There is imprecision both from Comodi and from Amanda with regard to the pre-dawn phone call. The call was not made at midday in Perugia, but at 1247. The gap between Seattle and Perugia was in fact - unusually - only eight hours during that particular week.

The prosecutor is drawing attention to the earliness of the hour - or at least, the earliness of the hour as Amanda understood it to be. 0447 is getting close to a time when it might be acceptable to call an early riser, whereas 0300 certainly isn’t. Perhaps this is the reason for Comodi’s allowing the time to shift earlier at this point in the conversation.

The next section of dialog makes it clear that Comodi’s main aim in this line of questioning is to establish what was Amanda’s motive in making this call.

It’s one thing to call your mother in the middle of the night because the police have just discovered a dead body in your house. But it’s another thing entirely to call your mother at three in the morning because you think there might have been a break-in at your house the previous night.

The obvious implicit question here is: “Why call your mother, who’s fast asleep on the other side of the world, before you’ve even called the police?”

There are credible answers that an innocent person might provide to this question - for example, by claiming that she was faraway, in a foreign country, and she just wanted to hear a friendly, comforting voice.

But Amanda doesn’t say anything of the kind. Instead, she anticipates and wards off the question, by insisting that she simply has no memory of making the call in the first place.

Comodi: “But at twelve o’clock, nothing had happened yet. That’s what your mother said….”

Amanda: “....I told my mother….”

Comodi: “....during the conversation you had with her in prison. Even your mother was amazed that you called her at midday, which was three or four o’clock in the morning in Seattle, to tell her that nothing had happened.

Amanda: I didn’t know what had happened. I just called my mother to say that [the police] had sent us out of the house, and that I had heard something said about…

Comodi: But at midday nothing had happened yet in the sense that the door had not been broken down yet.

It’s worth noting here that, although Amanda has estimated midday as 0300 in Seattle, Comodi silently corrects her by saying “0300 or 0400”. Comodi knows perfectly well that the difference in Daylight Savings Times affected the time difference.

But the prosecutor’s intention is to clarify why Amanda made that phone call to her mother, not when she made it.

We’ve seen that, in Amanda’s email, she claimed that she and Raffaele had reached a point where they had decided they would have to call the police. In the courtroom, Amanda sticks to that story.

But the cellphone records show that before Raffaele called the police, Amanda called her mother in Seattle. Comodi wants to know why she did that.

In the following brief exchange, Amanda repeats five times that she cannot remember making that call.

Amanda: Hm. Okay. I don’t remember that phone call. I remember that I called her to tell her what we had heard about a foot. Maybe I did call before, but I don’t remember it.

Comodi: But if you called her before, why did you do it?

Amanda: I don’t remember, but if I did it, I would have called to…

Comodi: You did it.

Amanda: Okay, that’s fine. But I don’t remember it. I don’t remember that phone call.

In the above exchange, Amanda sounds irritated (“okay, va bene”) to be reminded of this phone call, and insists that she simply doesn’t remember it.

For her part, Comodi reminds Amanda that this is not a “he said/she said” scenario. (“Lo ha fatto.” “You did it.”) There is no possibility of denying that the call took place. This is a phone call that is recorded on the billing records and by the cellphone pings.

5. Why is this phone call important?

We might wonder about why it is important whether or not Amanda could remember calling her mother at 1247, before the body was discovered.

It’s important because that police records show that the communications police had already arrived at the house, and had spoken to Amanda and Raffaele, at the point when this phone call was made.

What really happened during those few minutes appears to be as follows.

• CCTV footage in the car park shows a black Fiat Punto (the same as the model driven by the policemen) arriving at 1225. The police themselves recorded their arrival at the cottage at 1230.


• Filomena calls Amanda at 1234 - Amanda doesn’t mention that the police are already there, but she does say (for the first time) that a window is broken in Filomena’s room.


• Filomena then calls her boyfriend, Marco, and asks him to go to the cottage, because she knows that he will be able to get there more quickly than herself.


• Marco and his friend Luca arrive at the cottage and find that the police are already there, that they have spoken to Amanda and Raffaele and that Amanda has written down some phone numbers.


• Raffaele and Amanda then go into Amanda’s bedroom. A few minutes later, Filomena herself arrives, with her friend Paola Grande. Paola testified that she saw Raffaele and Amanda emerging from Amanda’s bedroom just before one o’clock.


• It would appear that Amanda and Raffaele went into Amanda’s bedroom at around 1247 and made four phone calls: the first to Edda Mellas, the second to Vanessa, and the third and fourth to the police.  In other words, while Luca and Marco were talking to the communications police, Amanda went into the bedroom and phoned Edda Mellas.

The explanation Amanda gave her mother as the reason why she forgot the call was that there were so many things happening at that moment. And in fact, there would appear from this reconstruction of events that in reality there were a lot of things happening at once.

But in Amanda’s own version (given in her email) she claims that there actually weren’t many things happening at that point. There were just two people in the house - herself and Raffaele. She claims the police arrived later, after Raffaele dialled 112, and Marco and Luca arrived later still. 

In other words, at this point - when Amanda and Raffaele’s version conflicts with the testimony of the other witnesses, with the phone records, with the police records, with the CCTV footage from the car park, and even with the testimony of Amanda’s own mother - they need some kind of coherent story.

Raffaele has exercised his right to silence.

Amanda claims she can’t remember the phone call she made to her mother. And the reason she gives for not remembering the phone call contradicts her own story about what was happening at the time.

6. Judge Massei intervenes

At this point in the trial, the chair of the panel of judges decides to intervene.

He picks up on the issue of the forgotten phone call. He is concerned that Amanda is suggesting that maybe the phone call did not even take place, when in fact it is quite plain that it did.

Politely, he interrupts this part of the questioning.

Massei: Excuse me. You might not remember it, but the Public Minister [prosecutor] has just pointed out to you a phone call that your mother received in the small hours.

Commodi: At three o’clock in the morning.

Massei: So, that must be true. That did happen. Were you in the habit of calling her at such an hour? Did you do this on other occasions? At midday in Italy, which corresponds in Seattle to a time when… It’s just that we don’t usually call each other in the middle of the night.

Amanda: Yes, yes, that’s true.

Massei: So either you had a particular reason on that occasion, or else it was a routine. This is what the Public Minister is referring to.

Amanda: Yes. Well, since I don’t remember this phone call, although I do remember the one I made later, ah. But. Obviously I made that phone call. So, if I made that phone call, it’s because I had, or thought that I had, something I had to tell her. Maybe I thought even then that there was something strange, because at that moment, when I’d gone to Raffaele’s place, I did think there was something strange, but I didn’t know what to think. But I really don’t remember this phone call, so I can’t say for sure why. But I suppose it was because I came home and the door was open, and so for me….

Even to the chair of judges, in other words, Amanda continues to insist that she cannot recall making the phone call that looks to have triggered the self-incriminating 112 calls.

A neutral observer might think of those phone calls as a botched attempt to gather more witnesses to their having innocently stumbled upon the crime scene and then called the police.

The phone records show that Amanda had made one phone call to Filomena (at 1208) before the arrival of the police, and three calls to Meredith Kercher’s phones (at 1207, 1211 and again at 1211). (Amanda claimed that Meredith’s Italian phone “just rang and rang” - but phone records show that it rang for just three seconds.)

So, if it were not that Amanda was trying to strengthen her alibi, and gain another witness to her having innocently stumbled across the crime scene, why exactly did she call her mother?

Amanda’s answer is, “I don’t remember this phone call, so I can’t say for sure why.”

7. Edda Mellas’s testimony in court

On June 19, a week after Amanda had testified, Edda Mellas provided a much fuller version of the phone call that Amanda had unfortunately forgotten.

Edda provided far more detail than she had provided to the ABC 20/20 show. The Seattle TV station, Kiro TV, summarized her evidence as follows:

• In the first phone call, Amanda said, “I know it’s early,” but she called because she felt someone had been in her house. She had spent the night at Raf’s. She came back to have a shower and the main door was open. She thought it was odd but it has a funny lock and it did not close well.


• She went to have a shower and when she came out she noticed some blood but she thought maybe someone had her menstrual cycle and did not clean afterwards. She then went to her room and then went to the other bathroom to dry her hair and saw there were feces in the toilet. Amanda thought that was strange because normally girls flushed the toilet.


• She went back to Raf’s and told him about the things she found strange. Sometime later she got hold of one of the other roommates. She tried to call Meredith several times but there was no answer.


• They came back to the house and she showed Raf what she found and then they also noticed the broken window. And now they were pounding on Meredith’s room trying to wake her.

Edda had provided so much detail that she was asked to confirm whether all this information was indeed in the first call. She confirmed that it was:

Yes, [Amanda spoke] very quickly. I told her to call the police. She said Raf was finishing a call with his sister and then was going to call police. This was the first call.

This first call lasted just 88 seconds, so Amanda must have spoken very quickly indeed….

Edda has also managed to answer the question that her daughter failed to answer the previous week, about why she had called her mother at such an unearthly hour: “Amanda said I know it’s early but she called because she felt someone had been in her house.”

If we accept Edda Mellas’s testimony at face value, we find ourselves wondering how a person who could have crammed so much detail into a phone call could possibly forget making that phone call at all?

We notice also that Edda has confirmed once again that she did advise her daughter to call the police. (And we know that her daughter’s boyfriend did exactly that, shortly after Amanda put the phone down.) Yet Amanda claims that she cannot remember that advice, nor can she even remember making the phone call.

At the end of her written document on November 6, Amanda wrote:

“All I know is that I didn’t kill Meredith, and so I have nothing but lies to be afraid of.”

As the trial progresses, it looks increasingly as though Amanda was indeed involved in the killing of Meredith Kercher - and she has nothing but lies to protect her.

Sources:

1. 20/20 transcript of interview with Edda Mellas published in the Seattle Times for February 2, 2008:

2. Recording and transcript of Raffaele Sollecito’s second 112 call.

3. Transcript of Amanda Knox’s email to multiple recipients on November 4, 2007:

4. Cellphone records for Raffaele Sollecito and Amanda Knox for November 1 and 2, 2007 (case files)

5. Transcript of conversation between Edda Mellas and Amanda Knox on November 11, 2007, cited in court on June 13, 2009

6. Transcript of Edda Mellas’s testimony in court, June 19, 2009

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.

Friday, May 01, 2009

Underlying All Scenarios: The Organised Versus The Disorganised Offender?

Posted by Miss Represented

An Overview

This post is cross-posted here from my own website.

The recent 48 Hours mystery show once again attempted to lend credibility to the virtually laughable lone wolf theory. Despite its inaccuracies it seems fairly clear that the friends and family of Amanda Knox in all likelihood encouraged the 48 Hours show to air before the presentation of the crucial DNA evidence shortly to be discussed in court.

Timing is after all everything and it may have been the last time anyone would actually take the show seriously, especially considering the main theme of the show boiled down to the simply ludicrous suggestion that Amanda Knox is somehow a victim in this case and the lone wolf theory is still a credible and valid scenario for what happened that night. For those of you who are still unaware of precisely what that means, it is the idea that Rudy Guede scaled a virtually un-climbable wall and crawled in through a window of the cottage in order to sexually assault and murder Meredith Kercher.

Many following the case long ago dismissed the theory as fantasy, even Guede himself who in his statements to police and diaries admits he was not the only person in the cottage that night. Yet we must also consider that this is virtually the only scenario that the defence can now use to exonerate Amanda and Raffaele as they both strenuously deny any involvement in Meredith’s murder.

Despite the physical evidence suggesting their possible role, copious amounts of physical evidence of Guede’s involvement was found at the crime scene and a smaller amount of evidence leading to the defendants. The defence maintain this is the result of contamination and the abundance of his fingerprints and DNA suggests Guede and Guede alone killed Meredith. The prosecution allege that both Amanda and Raffaele were present in the cottage the night Meredith was killed and that once Guede had fled, a well organised and methodical clean up took place to conceal any physical evidence linking them to the crime scene. Unsurprisingly plenty of Guede’s DNA and fingerprints were left for investigators to find.

I discussed the lone wolf theory a few months ago, but as I have often found with this case, new information, ideas and personal reflection often encourages me to revisit important areas in more detail or with a slightly different perspective. I have decided to take a fresh look at this theory and explain why it is completely at odds with current psychology research and how evidence available about the set up and implementation of the crime further discredit this theory as a possibility. I have decided to write this at what is possibly the most crucial part of the trial proceeding so far: The presentation of the physical evidence linking Amanda and Raffaele to the murder of Meredith Kercher.

The Organised vs. Disorganised Offender

Although the definition of homicide is reasonably clear cut, the definition of sexual homicide is much more ambiguous. There are several clear differences seen in sexual murders: Firstly the idea that killing itself is sexually arousing, secondly that the murder is carried out in order to cover up a sexual crime and finally that the offence is a homicide that has some sexual component, but in which the exact motivational dynamics remain unclear (Schlesinger, 2007). The latter seems to be the most likely scenario in this case, despite the definition being slight ambiguous it does seem clear that the murder of Meredith Kercher was a sex related homicide, possibly with a rape/sodomy motivation.

According to “˜The Handbook of Psychological Approaches with Violent Offenders’, the organised vs. disorganised crime scene characterisation of sexual homicide offenders provides a useful insight into these types of crime (Ressler et al, 1986). Clues left at the crime scene can often indicate possible personality characteristics or clues about those involved, as can the nature of the offence, the way it was planned and executed.

The organised offender

Crimes committed by an organised offender are often carefully planned and executed, there is often evidence suggesting the offender brought with them items necessary to commit the crime (such as rope or tape to bind and silence the victim), especially those that might ensure they are able to fulfil certain needs or fantasies through the act of committing the crime. There is often evidence of careful planning and as a result these offenders are usually harder to catch as they are careful about leaving trace evidence behind.

The disorganised offender

A disorganised offender on the other hand often leaves a chaotic scene behind with evidence suggesting a spontaneous or unplanned attack with very little prior planning or pre preparation. The staging of a crime scene often occurs as a direct result of a spontaneous disorganised offence and is usually spotted by investigating officers as the resulting scene is conflicted and full of red flags. By their very nature, organised offenders have no need to stage a scene as theoretically they perceive to have prepared sufficiently to avoid detection in other ways. Disorganised offenders will often stage a crime scene to cover the spontaneity of the act and the inevitable fear of being caught.

The murder of Meredith Kercher

The evidence available so far indicates that this was a disorganised offence. The crime scene photos that have been released show a messy and chaotic scene, clothes all over the floor and blood everywhere. Evidence of staging also indicates a disorganised offence as does the alleged clean up attempt. Despite the evidence suggesting a certain amount of premeditation with the murder weapon having been taken from Raffaele’s apartment to the cottage, there is no way of proving that the intention was to kill Meredith with this knife therefore we cannot necessarily conclude this was an organised offence based solely on this information. Similarly, injuries sustained by the victim also suggest she was forcibly held and that some attempt was made to silence her, yet if we are to conclude this was an organised offence, surely the offender would have brought something with which to bind and/or gag the victim?

This does not seem to be the case but rather a spontaneous group attack that resulted in a violent and chaotic murder with a subsequent panicked attempt at concealing the truth about what had happened. This leads me to conclude that the murder of Meredith Kercher is an example of a disorganised sexual homicide. None of the group had any history of violence which can in part be explained by a group dynamic. Unsurprisingly, research indicates that 64% of first time violent sexual homicides can be classified as disorganised.

Further Confusion

Despite certain pieces of evidence suggesting that this was a disorganised offence, there are elements of the crime that do not fit this conclusion. Meredith was almost certainly sexually assaulted whilst she was still alive, an attempt was made to restrain her and evidence from a break down truck driver suggests that Raffaele’s Audi may have been in the driveway of the cottage that night. Sexual assault on a live victim, evidence of restraint and evidence suggesting an offender may have driven to the scene of the crime are all associated with organised offenders. This coupled with the suggestion that the murder weapon may have been taken to the crime scene rather confuses a possible classification of a disorganised offence

As I have said many times with these types of theory and research based pieces, no theory is ever perfect especially one as reductionist as the organised/disorganised offender. This theory has been criticised for these reasons in the past. Despite this, many profilers and police officers find these sorts of classifications useful and can usually see evidence pointing to one type or another.

I believe this theory is perhaps too simplistic as it does not take into account the involvement of one or more persons in a violent sexual homicide. The slight confusion we have already seen in typology and classification of violence, added to this new confusion about whether this was an organised or disorganised offence only serves to encourage my belief that several motives, ideas and schemas about “˜how to humiliate/wind-up/hurt Meredith’ may have come into play that night. I have already suggested the possibility that there may have been a sadist in the room as well as very different motives for each of the individuals involved. The idea that certain elements of the crime are organised whilst others are disorganised not only encourages the idea that more than one person was involved but also suggests that at least one group member was firmly out of the loop.

The Blitz Attack

If Rudy Guede really had been a lone wolf killer, apart from the evidence suggesting that the break in was staged, he would almost certainly be a disorganised offender. Aside from the abundance of his DNA and fingerprints left at the scene, there are certain things we would expect to see from a lone disorganised offender that do not seem to be evident in this case.

Firstly, disorganised offenders often feel inadequate and their attacks are usually sexual in nature. These types of assailants, especially those with the intention of sexually assaulting or raping the victim, will often approach the victim from behind and due to the spontaneous nature of these offences they will usually initiate what’s known as a blitz attack. The blitz attack is primarily concerned with ensuring the victim is unable to resist or fight usually because the offender doubts their own ability to subdue the victim. The most common method of ensuring compliance is to render the victim unconscious. Unfortunately due to the amount of force employed when administering blows to (often) the head, the victim usually suffers horrendous blunt force injuries which more often than not result in serious injury or death. Meredith had no such injuries and any injuries she did sustain came much later than the initial attack.

If we are to conclude that Rudy Guede was a typical lone, first time, disorganised killer we can surely conclude he would have participated in this style of ambush, after all in one study 82% of young offenders who engaged in sexual attacks of this nature did so by initiating a blitz attack on their victims. Similarly the lone wolf theory suggests that Guede climbed through a window in order to access Meredith when he could quite easily have knocked on the door and pounced or at least chosen a method of entry that was easier and less noisy. If we are to accept the lone wolf theory as credible then we must also accept that by climbing through the window, Rudy Guede was aiming to surprise Meredith by initiating an attack to subdue, sexually assault and kill her yet the evidence suggests no such blitz attack ever took place and that the victim was very much conscious throughout most if not all of her ordeal.

The injuries sustained by Meredith are concrete, unchangeable and unchallengeable. These injuries cannot be manipulated or denied to suit. Meredith sustained defensive knife injuries to her hands in what the medical examiner likely concluded was an attempt to fight off an attack from a person standing in front of her brandishing a knife. Victims of disorganised offenders especially those that adopt the element of surprise (as the lone wolf theory suggests by insinuating Rudy climbed through the window), very rarely have defensive injuries suggesting a struggle, Meredith had several including various bruises.

Similarly research about these types of offenders indicates they often mutilate the victim by cutting or slashing the breasts, face, abdomen and genital area. Meredith sustained no post mortem mutilation. These types of offenders will often sexually assault or rape the victim after death, the medical examiner has stated he believes Meredith was in all likelihood sexually assaulted before she was seriously injured and later killed, this itself indicates some kind of restraint would have been necessary,yet this type of behaviour is not associated with disorganised offenders. The victims of certain sexual homicides often suffer injuries consistent with those found on Meredith’s body, injuries such as evidence of manual strangulation and those consistent with overkill, yet the injuries sustained by the victim do not fit the current theory of what we would expect to find in a lone, first time disorganised offender like Rudy Guede also he had no history of violence.

The crime reconstruction and evidence from injuries sustained by the victim suggests she was ambushed rather than blitzed. This in itself could suggest a planned attack, a sudden burst of “˜group’ anger or an escalation of a previously planned event.

I have previously spoken about how three people with no history of violence could easily be just as, if not more violent than a single individual with a history of violence. I still maintain that Rudy Guede would be extremely unlikely to commit this sort of violent offence alone and without provocation or consultation with anyone else. The same questions remain, why did he choose Meredith? How did he know she would be alone?

These are all questions that are never likely to be answered. This theory quite simply does not fit. It will never fit because it didn’t actually happen and insinuating that it did not only makes the 48 hours show and everyone associated with it look incredibly stupid, it also attempts to challenge an awful lot of literature and an awful lot of people, much smarter and more knowledgeable than I that will tell you exactly the same thing. Rudy Guede has not, will not and will never be proven a lone wolf killer.

A Toilet Break?

If we are to believe that Rudy Guede was a lone wolf, so overcome by lust for Meredith he broke into her house in order to rape and or kill her then we’d have almost certainly seen further evidence of sexual activity. So far the sexual assault Meredith suffered seemed to have been abandoned at some point, a point I believe Rudy “˜bottled it’ and, possibly due to excitement, fear or drugs, headed for the toilet. These sorts of actions in a lone offender do not make sense. Something spooked him that’s for sure and if he had been a lone offender there is absolutely no way he’d have left his victim in a position to escape or alert the police by going to the toilet in the middle of the attack.

Rudy admits to being at the cottage the night Meredith was killed and maintains he was on the toilet after eating a spicy Kebab when someone came into the house and stabbed Meredith. He claims to have tried to help her and then became scared and ran away. I don’t need to tell you that most of this story is what one judge accurately described as a “˜highly improbable fantasy’ yet his faeces was found in the toilet the next day indicating that he had at some point gone to the toilet. Some people believe that Rudy Guede’s version of events, despite being absurd do actually have some basis in truth as he has the awful habit of attempting to explain away things he knows the investigating officers can incriminate him with.

Like the faeces he left in the toilet for example. Rudy’s own version of events actually explains that he rushed off the toilet, had a confrontation with the killer and tried to help Meredith by stemming the flow of blood with towels, allegedly two blood soaked towels were found at the crime scene. With this in mind we could consider that Rudy became overly excited or scared during the attack, resulting in the need to visit the toilet, we could also suggest he was in the toilet before Meredith was killed. It seems highly likely that as the faeces was found in the toilet and Rudy attempted to explain it that he actually used the bathroom before Meredith was killed and certainly before he fled the cottage, after all I doubt he would hang around to use the loo after the piercing scream and the resulting knife wound, as Brian S explains in his theory, probably caused them all to flee. If the lone wolf theory is to be believed, doesn’t it seem a bit odd that Guede would be sat on the loo whilst the victim was left to her own devices? I think a far more likely scenario is that Guede was not alone in the cottage that night, Amanda and Raffaele were “˜taking care of Meredith’ while he dashed to the loo.

The Neck

I am still struggling to understand exactly how all three came to be present in the cottage that night and the exact sequence of events that led to the attack on Meredith. Arnold Layne recently put forward an excellent possible scenario as did Brian S, both can be found on TJMK.

Some evidence such as the knife and possibly Raffaele’s car in the driveway suggests an element of planning, yet other factors suggest it was anything but, as the crime itself seems rather disorganised. There certainly seem to be a number of fantasies coming through, specifically hinting at one or more of those involved gaining some kind of enjoyment in watching the victim suffer and, due to the nature of the injuries some possible fantasies linked to the victims neck.

Meredith sustained several neck injuries consistent with being manually strangled, cut with a knife before being fatally stabbed. The crime reconstruction has one of the defendants holding Meredith from behind, the other to the side holding her head up and exposing the neck with the third member of the group attacking with the knife.

So what is this apparent fascination with the neck? If they’d wanted to ensure the victim did not scream why not attempt to use a rudimentary gag such as a cloth or a sock? Though many have suggested that the neck injuries were specifically inflicted to ensure the victim didn’t scream it could (and this is where it gets pretty distressing) also be suggested that the attackers wanted to hear poor Meredith plead and beg for her life, they probably hadn’t counted on her screaming.

Any sex related homicide will usually reveal something that has a special kind of significance for the killer. I believe this may have been Meredith’s neck. They could have silenced her in any number of ways yet I believe they chose not to and underestimated her capacity to scream, it was in all likelihood her final scream, heard by a witness, that may have encouraged the fatal “˜panic blow’. It could be suggested that as this was possibly a panic blow, that the offenders had not yet finished “˜playing’ with Meredith, her final scream may have sadly sealed her fate but also ensured her suffering was not prolonged further.

Before she was fatally injured the medical examiner also determined that Meredith had been strangled. This attempt was clearly unsuccessful. According to this report:

“Only eleven pounds of pressure placed on both carotid arteries for ten seconds is necessary to cause unconsciousness.4 How-ever, if pressure is released immediately, consciousness will be regained within ten seconds. To completely close off the trachea, three times as much pressure (33 lbs.) is required. Brain death will occur in 4 to 5 minutes, if strangulation persists”

As Meredith was still very much alive when she was stabbed it could be suggested that whoever tried to strangle her, could not complete the act or believed they already had. Strangulation is more closely associated with sexual homicide than other injuries present. Most offenders who engage in strangulation apply the wrong type of pressure, use an incorrect and not yet perfected “˜technique’ especially if they are using their hands, I can imagine it’s very difficult to strangle someone if you don’t know what you are doing and especially if they are kicking and resisting. Meredith may have temporarily lost conscious, regained it and attempted to break free. This may have been the critical moment when the assailants decided to fatally injure her with the knife but not before she was taunted viciously.

Evidence available about the manner in which Meredith died suggests not only a vicious group attack but an apparent fascination with a specific area of her body upon which she sustained injuries above and beyond what was necessary to subdue or kill. This apparent fascination with Meredith’s neck could indicate the role of certain fantasies or schemas about “˜how to kill someone’. It seems odd that the assailants specifically chose to focus on her neck, after all stab wounds to the heart or abdomen are just as fatal. What was it about Meredith’s neck that provoked the injuries she sustained? I’m afraid we will never know but it is an important point to consider especially if we are to conclude that sexual fantasy may have played a role in her death.

The Two Stages of the Motive

If we consider that the murder itself was not premeditated we could also consider the motive in two different stages, this is not to suggest they are not inextricably linked as they inevitably are, however it’s a lot harder to consider the motive for the murder when attempting to understand not only the complex group dynamic but the crime as a whole. The initial motive for the attack on Meredith is still unclear. It may seem difficult to separate these two but when we do it becomes a little easier to understand.

At some stage and for whatever reason Amanda Knox, Raffaele Sollecito and Rudy Guede ended up at 7 Via Della Pergola. They may have been high, they may have been sober or they may have intended to scare Meredith, initiate a group sex activity, even commit an act of violence. Though it may seem ridiculous to suggest this is unimportant, it really is the case. The crime scene evidence suggests the involvement of all three and though clarity and closure for the family would be ideal I fear we will never really know how or why this attack started. So it follows that we must study the trail of evidence left both at the crime scene and on the victim’s body itself. The evidence put forward so far suggests that if the plan was not to kill Meredith that night that the motive of the group may have suddenly changed at a critical point.

At one point the motive of the group changed and although the motive for the initial attack seems unclear, the motive for the later stage of the attack is not. At one point it changed from the sexual assault, argument or game, to killing Meredith.

This became the primary motive of one or all members of the group, why else would Meredith have been so viciously strangled? Why did this not kill her? Why was the attempt at strangulation abandoned in favour of the more intrusive method which caused the injury she sustained to the neck that later caused her death? Why were the group so determined to kill Meredith Kercher?

That part at least is probably easily explainable. She knew them, she could identify them and the attack had already gone so far they knew that letting her get out alive would almost certainly mean serving a long jail sentence. They decided to silence her forever. They cut her throat, took her mobile phones, locked her in her bedroom and left her to die. Later having realised the chaos and incriminating evidence left behind, two of them returned to begin the clean-up and staging of the crime scene, the other went to dance the night away.

This is why, with the evidence available so far that I believe the right people are on trial for their role in the senseless and brutal murder of Meredith Kercher. If any of you are coming here for the first time having watched the 48 hours show I implore you to seek out more information. The show barely touched the surface of how brutal and cruel the murder of poor Meredith actually was and hopefully with the aid of a little psychology theory I have successfully achieved my objective of showing how, aside from merely the physical evidence suggesting it is in fact an impossible scenario, the lone wolf theory has no credibility and doesn’t make any sense in the real world.