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: Hoaxes against Italy

Friday, January 25, 2013

Reasonable Doubt In Italian Law: How Sollecito, Hellmann, And Zanetti Seriously Garbled It.

Posted by James Raper

Above: Sollecito’s lawyers. Is he too thick to understand them? Or are they incompetent and giving him bad advice?

Certainly as compared to the incredibly high legal standard of the Galati Appeal, it appears that the accused, their lawyers, and Hellmann & Zanetti are all seriously outclassed.

Hellmann and Zanetti at first appeal trial, and Sollecito in his absurd book, all seriously garbled one fundamental concept in Italian law that they ABSOLUTELY need to get right if they are to have any sway with the Supreme Court.

Incredibly Sollecito’s own lawyers Bongiorno and Maori are listed as assisting him with the book and allowed this lunacy to fly.

Here is Raffaele Sollecito in Honor Bound.

For reasons deeply embedded in the country’s history, the concept of proof beyond a reasonable doubt scarcely exists in Italy.

What he is implying (in a manner gratuitously insulting to the intelligence of his compatriots) is that were the above statement not true then he, and Amanda, would have been acquitted in the first instance.

Oh, really?

It seems that we are also being asked to believe that Sollecito and his ghostwriter, Gumbel, are historians of Italian jurisprudence. So, let’s quickly examine what substance there is to the claim.

It will be seen that the concept of “reasonable doubt” is understood well enough in the courts of Italy, though unfortunately less well understood by the former Umbria Appeal Court judges Hellmann and Zanetti.

Not only that but those two judges made pointed remarks at the outset of the appeal also garbling the concept, which were very disturbing. I shall look into that in a moment.

Sollecito”˜s remark does have some context but it is wildly inaccurate and unfair. 

We know that the Italian legal system is based on the inquisitorial system common to continental Europe, whereas the anglo-saxons amongst us are used to the adversarial system. It is also true that the specific expression “beyond reasonable doubt” was not introduced into the Italian criminal procedure code until 2006.

It is Article 533 of the Criminal Procedure Code: “The judge pronounces sentence of conviction if the accused is guilty of the offence charged beyond all reasonable doubt.”

Now let me defer to our Italian poster Yummi who can explain the historical context. He writes -

The current Italian system is the result of a procedure code reform introduced in 1989. This reform introduced several features of the adversarial system into a new criminal procedure code. One of the features of the new code was the abolition of the “not proven” verdict. This factually had been working very effectively as the version of “reasonable doubt” in the Italian system.

In an inquisitorial system the court is a council headed by professional judges and it’s task is not just to deliver a verdict, but to deliver a written rationale or dossier aimed to provide “a judicial truth”.  Typically “reasonable doubt” is a formulation coming from systems where juries do not issue a written rationale while systems that have motivation reports on verdicts usually don’t have it: it was commonly agreed that the absence of doubt should be understood from the rationale. Absence of doubt is not a quality that is inherent in the internal conviction of a juror, but instead is understood to be a feature of the logical proof provided by the written rationale. It was believed that the absence of doubt in the judge’s mind should be shown by the fact that a motivation report is logical.

No Italian scholar would ever maintain that the “reasonable doubt” standard is a recent introduction in the Italian system.  Only the acknowledgement of it’s wording is relatively recent.  In the Italian system the formulation “reasonable doubt” was starting to be used explicitly in Supreme Court jurisprudence in the early nineties; a change of wording in honour of the adversarial reforms, but in fact a continuation of the long jurisprudence tradition of the “not proven” standard.”

In fact in the adversarial system “beyond reasonable doubt” is really an instruction to the jurors that they must arrive at a certain evidentiary standard if they are to convict. Any system that would produce a “not proven” verdict would mean that the standard has not been met.

In the adversarial system no written rationale for a verdict is required to accompany the verdict. That the Italian system retains this requirement is very much a safeguard for the accused as well as for the State both being thereby protected from perverse or capricious convictions or acquittals.

Second here is Judge Zanetti at first appeal:

The only certain and undisputed fact is the death of Meredith Kercher.

So said Judge Zanetti on the opening day of the appeal. It was a statement that brought gasps of astonishment from those in court, particularly from the reporters present who deemed it to be an admission that reasonable doubt existed.

In fact, of course, there were a lot of certain and undisputed facts. No one denied that there was evidence, most of it undisputed. What was disputed was the interpretation of that evidence.

That, being so, why did not Zanetti say that? Clearly the remark was injudicious, and cogent only in its intended impact.

What of the Massei Motivations Report one might ask? is it toast?

That remark not only helped to set the tone for the entire appeal - what was said soon after by his senior colleague was even worse. 

Compliance with article 533 of the Code of Criminal Procedure (Judgement of conviction only if the defendant is guilty of the offence complained of beyond a reasonable doubt) does not allow (us) to share fully the decision of the Court of Assize of First Instance.

(In Italian: il rispetto dell’articolo 533 del Codice di procedura penale (pronuncia di condanna soltanto se l’imputato risulta colpevole del reato contestatogli al di la ogni ragionevole dubbio) non consente di condividere totalmente la decisione della Corta d’Assize di primo grado”)

That was said by Judge Hellmann on the third day of the appeal before even the evidentiary and discussion stage had opened. And thanks again to Yummi for the above quote.

It seems that the presiding judge had felt compelled to expand upon his colleague’s stark opening remark but in doing so he had opened a can of worms. He had just made things even worse. Unfortunately the prosecution decided not to challenge the remark and the appeal proceeded. They should have done so.

Article 533 relates to verdict. The verdict (to be) is not to be hinted at or discussed at the opening of any trial or appeal and certainly not as pointedly as this. So serious is this faux pas that I have it on good authority that the prosecution considered impeaching the presiding judge for incompatibility and incompetence. It seems that they did not because of the furore this might have caused and perhaps also because they were confident of the strength of the case in any event. In retrospect a grave mistake.

What in fact was Hellmann saying? Let us consider.

“Compliance with article 533.”¦..”¦does not allow us to share fully the decision of the Court of Assize of First Instance.” 

I believe that what we see here is the first indication of the judges’ manifest misunderstanding of what should have been the correct approach to an evaluation of the evidence in the case and the application of the “reasonable doubt” standard.

I do not intend to deal with that in any detail. It is set out cogently in the Galati appeal.

Suffice to say that the “reasonable doubt” standard applies only to the culpability of the accused for the offence with which he/she is charged. Article 533 makes this abundantly clear and this is no different from how our own adversarial system deals with it. It is not a standard to be parcelled out to each item of evidence or inference drawn. That the appeal judges thought they could do (and did) precisely that is implicit in Hellmann’s remark.

How can one not “share fully the decision of the lower court”?

Hellmann could have said that he did not fully share the decisions of the lower court as regards each element of evidence rather than “the decision”, which can only be a reference to the actual verdict. But “the decision” is what he says, linking it specifically to article 533 where only the singular use of the noun would have any meaning. So on the face of it this can only be about the verdict of the lower court. And yet, how can one not fully share a verdict? A verdict cannot be parcelled out. One either agrees or disagrees with it.

Despite it’s manifest inappropriateness, no doubt the remark was meant to acknowledge that there was some doubt about the validity of the verdict in their minds. Well at least that’s honest but in that case, was it not incumbent on them to specify what it was that concerned them? I would have expected that. True, it was already clear that the DNA on the knife and bra clasp, and Curatolo’s credibility, were specific issues, as they had allowed these to be examined, but beyond that there was no disclosure as to what other doubts on the evidence they had in mind. We know now from the Motivations that there were others and what these were ( Quintavalle and the staged break-in, just for example) - and I think it would be pretty disingenuous of them to pretend that they did not exist at the time.

Already one sees elements of confusion, incompetence, mis-procedure, misleading the prosecution and coded messages (for the media and politicians?) to the effect that the appeal judges had already rationalized an acquittal in the appeal.

And if, with their doubts, they had in fact done so then what, pray, was the point of :-

1. Ordering a review of the DNA evidence on the knife and the bra clasp

2. Re-hearing Curatolo

3. Hearing from Aviello and Alessi

“¦”¦other than that they were seeking that elusive “reasonable” element of doubt.

It is almost as if the entire appeal was tailored to suit and a sham. It certainly looks that way in retrospect, particularly as the element of reasonable doubt still remains elusive on close examination.

Yet it may just be that the appeal judges were just incompetent and that their incompetence (with the incompetent assistance of Conti & Vechiotti) infected the entire proceedings.

We shall see what Cassation thinks of the garbling of this fundamental concept when the prosecution appeal is entertained on 25 March.

Monday, January 21, 2013

An Overview From Italy #2: Current Perceptions In Italy, Justice Perverters Fail, Mignini Vindicated

Posted by Machiavelli

My previous report on the bad news remorselessly building here for the defense was on the Procura Generale appeal to the Supreme Court.

One year ago ““ between the end of December 2011 and beginning of January 2012 ““ there were only rare idle comments in the Italian press about the Meredith Kercher case, more or less sarcastically noting the “suspicious” circumstances of the Appeal trial.  I recall how a mention of the topic was dropped into the last number of “ll Venerd씝 of 2011.

“Il Venerdì di Repubblica” is the weekly magazine issued together with the newspaper “La Repubblica” (thus probably the most read magazine in Italy).

The cover theme of that week was provincialism ““ or better “the provincials” - the adjective used to assemble a sample of seven little cities (Cuneo, Voghera, Rimini, Jesi, Perugia, Benevento, Partinico), picked from different regions, and taken as examples on the theme, that is stories of “local colour”;  what goes on in small “provincial places”.  A few characters and stories are brought in to depict the local life of each place, and the voices of local authors adds something about the places.

The article about Perugia (at pages 62-68) was by Luca Cardinalini. In that number of Il Venerdì, having stories of “local colour” as weekly theme, there were shades of ironic tones for each city, often through the voice of local intellectuals. As Perugia is described, the Meredith trial is quickly recalled among its local stories; the reader can’t miss how this is viewed as in connection with another most remarkable feature of the city, that is Masonry.

According to Luca Cardinalini and Enrico Vaime, Masonry is called a “Specialty” of Perugia, like chocolate. Local author Enrico Vaime intends to convey the people’s perception about shady powers existing in the city, about a local environment saturated by plots and informal powers, as something behind recent strange judicial decisions such as the Hellmann verdict and the apparent dropping of the Narducci case.  The widespread belief of Perugians that the Public Minister (prosecutor) is the righteous one shines through the words of Enrico Vaime.

Also notice how racism appears to be another key perception about the verdict. Quality media press in Italy has a typical style of understatement.  This comment hints that it seems obvious that the Appeal was a racist verdict - and it was “expected” that they would find a way to blame the black one and the outcast. 

Some of Perugian “provincialism” seems to include a very narrow localism of Perugian identity: a person from Orvieto is reported to be called “a foreigner” ; but this is because the cultural viewpoint is based on the assumption of a personal knowledge of all people.  In among this, there is Vaime’s knowledge about how rooted Masonic tradition and power is in the city, in a scenario of “brotherhoods” and “tribes” (the article includes a photo of the most known “Masonic” monument in Perugia: the gryphon or griffen ““ the emblem of Perugia ““ grabbing a toppled Pope’s Tiara in a sign of rebellion). 

The report by Vaime is objectively correct : the concentration of members of Masonic lodges in Perugia is the highest in the world, about 5 times the national average of Italy (which is anyway very high). 

In Vaime’s wording decent people in Perugia are ‘Christians’ or ‘Communists’ ““ these are the names he uses to address the main categories he sees as “good” people, two transparent moral systems.  He devolves skepticism toward the less transparent allegiances, the murky and informal connections to powers. 

I believe these perceptions from one year ago, in this colorful article about Perugia, should be most interesting to the readers of this site.

The first part of the article on Perugia is not that interesting - it speaks mostly about a local character named Ivano Massetti, nicknamed “Savonarola of Umbrian football”,  the director (“boss”) of a local TV network and leading showman of his own soccer talk show. I skipped this first part with depictions of local folks, and get to the point at p.66 where the Kercher case is first mentioned. 

This is my translation of the article from this point:

[”¦](p.66 line 17):

As Enrico Vaime ““ a 100% Perugian, a writer, and among many other things fiercly provincial ““ already knows: “Only in Perugia do you hear people saying “actually Tizio [random guy] was not a native from Colombella, but from Piccione”, which is three times further”. And when his grandfathers (farther of his father) bearing the same name Enrico Vaime, moved his formal place of residence [to Perugia] from Spello, on the official documents they wrote “emigrated to Perugia and married to a foreigner from Orvieto”.

The roots are extremely deep. “Still today” Vaime says “when I say to my family “we go back home”, I mean here, in Perugia, where I have not owned a house for decades. And I still call the roads and shops with the names they had when I was a child, even if now the owners are foreigners, from Shangai or, as I say, from Terni”.

Vaime is cross with the bad reporters who described Perugia, in the Meredith murder case, as a capital of corruption and vice: “An invasion of charlatan journalists who, as they believed they were visiting a remote and lost province, they painted it as a sort of Chicago on the Trasimeno Lake”.

[The fact] that no Perugian was involved in that sad story, to them that was an irrelevant detail. And the trial ended just the way many Perugians expected: a black guy first wrongly put in jail, another black one convicted, the two white, good-looking, wealthy and well defended young people, free.

So it was that the Public Minister Giuliano Mignini became a target. He’s a Perugian whom the Perugians know as the dominus of the other judicial case ““ this also is, yes, entirely local ““ about which everybody talks and knows, but always in a low voice: the death of doctor Francesco Narducci,  the one suspected of having ties to the crimes of the Monster of Florence. From the judicial point of view that was - by half ““ just another hole-in-the-water [a failure] for which some critics have hastily put the blame on some alleged lunacy of the public minister.

But”¦  however”¦ meanwhile, this [Naducci] corpse-swap was indeed found to have been for sure, a kind of unique case in the criminal history of the country. And, for what concerns the recent acquittals of those characters involved in this death, well, after almost a year and a half we are still waiting for the verdict motivations. All of the suspects were esteemed high-class professionals. That’s a perfect mix of strange deaths, sex, lead-astray investigations, and Masonry; this is in the city with the highest number of Masonic lodges in Italy.

Vaime sighs: “Masonry is something alien from me, but I have many friends who are in it. In Perugia it works as a compensation chamber for various powers, but also as an effort for the surge of the spirit to many decent people. Masters, masons and “33”, but all of them decent Perugians”.  Masonry is considered a local specialty, just like the bruschetta or the Etruscan arch.

“One day you find out that that mediocre employee of your acquaintance, or the one who performed an incredible career in the public administration or in politics, is a “˜son of Horus’. Then you either laugh, or you slap yourself on the forehead just like saying to yourself “Wow! [how could I ] think about it!”. “That travet* [*a generic mediocre opportunist employee], too” 

Vaime says “to me it is a strange Perugian, with little interest for the Egyptian god compared to his covet for entering inner circles of a certain world. Their internal motivation is “I want to see how the lords sit at the table”. But in there [Masonry], you see, there are also good Christians and good Communists; as has always happened in this province, which has the art of living together in its genes”.

[”¦. ]

This month ““ Jan 2013 ““ the Italian press returned to the topic of the case again in a few brief articles. This time it was because of Sollecito’s book.

After Maurizio Molinari’s report from New York on the book in September, and the busting by Bruno Vespa on Porta a Porta of Francesco Sollecito, who ended up openly contradicting his own son’s statements, another hint appeared in the local press about what is cooking up backstage. 






This article in Perugia Today has a neutral take, but the same understatement and kind of vagueness as it anticipates that something very likely will happen.

What I find most delightful is the quotation marks in the title around the word “author” ““ journalist Nicola Bossi doesn’t believe for a moment that Sollecito actually wrote the book: 

Meredith Case: “author” Sollecito at risk of criminal lawsuit

The recounts about an alleged negotiation in order to pin the main charges on Amanda Knox, and unproven violence by the Perugia Police are under target. Mignini is considering criminal lawsuit.

Written by Nicola Bossi ““ Jan 4. 2013  

The Meredith case is not closed, and this despite books and movies almost tend to drop it after the acquittal in second instance of Amanda Knox and Raffaele Sollecito - who were convicted in first degree for the murder of the English girl that took place in Via della Pergola.

On upcoming March the 25th the Court of Cassation of Rome will have to decide on the request for a re-opening the trial, submitted by the Procura with the authorization of Public Minister Giuliano Mignini.

In the environment of the magistrates there is confidence about a [guilty] verdict that many ““ in Italy and in the USA - have heavily attempted to discredit. But from the same environments around them, they talk about a greatly serene Mignini making assessments about the next strategic moves, following the attacks directed against him ““ and against those in Law Enforcement who cooperated with him ““ contained in the book by Raffaele Sollecito.

An upcoming criminal defamation lawsuit is becoming more and more likely every day, especially about some particular paragraphs. The material published by Sollecito has already resulted in discussions and clamor above all about claimed negotiations [with the prosecution]  aiming to shift the blame onto Amanda alone, to be rewarded with his immediate release.

But there are also accusations against the Police about violence during his interrogations. “If you dare get up and walk, I beat you up in a bloody pulp and I kill you. I leave you in a pool of blood”. This is what you read in the book “˜Honour Bound’ issued in the US, as what Sollecito attributes to the Perugian officers.

“They wanted me to lie so they could frame Amanda”: this is the premise of the claimed negotiations claimed to indirectly involve Mignini too, which he always denied. Allegedly this would have been enough to get [Sollecito] out from prison soon, leaving the American woman in trouble.

So, these are grave accusations which Mignini apparently does not intend to let go unpunished. The criminal lawsuit is likely to be filed earlier than the date of Cassazione [25 March].

 

Another small piece of news is this article below published in Leonardo and written by Valentina Cervelli: 

It seems basically a “commented” version of the Perugia Today article. Cervelli adds a few polite lines on her own thoughts in this piece, published on the Bbooks page of Leonardo,it; this is my translation:

Is Raffaele Sollecito going be sued soon for “Honor Bound”?

By Valentina Cervelli -  6. Jan 2013

Are there troubles in sight for Raffaele Sollecito? His “Honour Bound” book is going well in the United States in terms of sales, but here in Italy it might be soon result for him in a lawsuit for defamation by the Law Enforcement forces and by the Public Minister Giuliano Mignini.

As we know already, in Honor Bound ““ My journey to hell with Amanda Knox and return Raffaele Sollecito has reconstructed the whole judiciary story from his point of view, telling in his autobiography what [he says] is his own truth.

On March 25 Cassation in Rome will decide on the [prosecution] request for the re-opening of the trial submitted by the Procura authorized by Giuliano Mignini, after the acquittal in the second instance of the two main accused, Sollecito and Amanda Knox.

The young woman has returned back to her country and we bet it’s going to be difficult, if not impossible, to get her back in our country even in case of retrial after Cassation and a possible conviction. But lets leave aside this possible dispute and lets focus on the book. In Raffaele’s book Mignini is iimplicated because he reportedly comes out discredited. In the material published by Sollecito in his book he even talks about alleged negotiations in order to blame Knox alone, obtaining in reward a quick release.

And what about the allegations of Police violence during interrogations? Of course we don’t get into the merits, but it seems obvious that parties that may be considered offended would tend to launch a counter-attack to defend their dignity and their work. At the moment no lawsuit has been submitted. But with much probability that will be done before the decision of Cassazione.

By now we can only wait for the publishing of the book in our country, in order to assess with our minds what Raffaele Sollcito has written and the “hot” material published in his made-in-the-US autobiography.

By the way; one thing Valentina Cervelli might get wrong is the purported good sales of Sollecito-Gumbel’s book.

The Amazon.com site is reliable as quick indicator of a product’s success;  the price of a new copy of “Honor Bond” on Amazon.com is now $ 3.51 (last week it was 3.76; the cover price is $ 24). It suggests sales are not quite as expected.  The drop speed is significant if you consider that the book has been out for only four months.

[Above: the Florence Palace of Justice]


While many honest magistrates seem to be working in Florence, there is still some strange behavior by one or two people in the Florence prosecution office.

Iin particular by the chief prosecutor there were some unexplainable decisions.  As people reading this site know, Giuliano Mignini and Michele Giuttari were convicted (of some of the charges) in the first degree trial in Florence. 

The motivations document was disconcerting because: besides the proof of their innocence on the main charge, what was described as the evidence on the remaining charge constituted extremely weak and vague arguments for what was claimed about Giuttari, while they were totally non-existent about Mignini. 

In the second instance appeal as we know the court completely crushed the trial case.

The case against them collapsed not because of a technicality, as the FOAs falsely claimed. In the figment of their imagination the Knox supporters erroneously thought that the Florence court had an “option” to overturn the case, to find Mignini and Giuttari innocent, but that they instead decided to pass the judgment on to some other tribunal.

The pro-Knox believers are probably also ready to believe blindfolded that there was some kind of evidence against Mignini.

The Knox believers are wrong. What in fact happened in Florence is something almost unique in a judge’s career. The first remarkable event was the decision by the Florence court of nullifying the first degree verdict. They did not simply overturn the verdict (neither change, or “reform” it as we say) since an overturning would imply acceptance that a previous verdict actually existed and was legitimate.

The cancellation was in fact an in limine act about the validity , which does not require an assessment about it correctness. The court went way beyond. In fact they nullified the whole trial, not only the previous one in terms of judgment, but also the preliminary hearing, and the indictment; and even the request of indictment. 

It is a legal outcome not comparable to a simple change or overturning because it is a ruling that the whole proceeding was illegitimate from the very roots. The investigation itself of Mignini and Giuttari was declared illegitimate. 

If elements were found for the opening of an investigation, the prosecutor would be entitled to carry on their duties, though the investigators should be from another territory.  This is important because the Florence court found evidence that people from the same office were involved in cases against Giuttari and Mignini, both as offended parties and as prosecutors. 

Because of a basic conflict of interest, the local prosecutors were incompatible and the Procura of Florence had no jurisdiction. Not even Genoa would be compatible.

Florentine prosecutors therefore had no right to bring cases against Mignini and Giuttari. The investigation files now must now be sent to the competent jurisdiction ““ where they should have been sent from the beginning ““ which is Turin; there other legitimate prosecutors will decide if and how there is anything to investigate about, and if there are any charges to bring against anyone.  The Florentine trials should have never taken place. The court ordered that the legitimate investigators are the Procura of Turin. 

In addition, they also ruled that the court of Florence would be an incompetent jurisdiction in any further possible case that stems from that investigation: since the competent prosecution is Turin, in case elements for the indictment of anyone for any charge are found, in the future, everything should go to a court in Turin ““ this, only if there will be any charge to bring to court . 

This decision in Florence was a total debacle for the Florence prosecutors.  It is in fact “politically” much worse than an overturning of a verdict. It is not just a like a different conclusion on the merit, it is the decision to take away even the investigation from them, a kind of implicit censure of their work as highly illegitimate.

But at this point in the procedings, something even worse and even more strange happened.  The Procura of Florence did something even more unusual, in fact unprecedented as far as I know. 

Apparently the Florence prosecutors are not happy at all to pass the investigation file on to Turin. For some reason they seem instead to want to do unnecessary and irrelevant hard work instead.  The Florentine prosecutors impugned the decision and revisited this at the Supreme Court against the Florentine judges.

This step is almost unheard of because the decision of the Florence appeal court is of a type that manifestly cannot be impugned at the Supreme Court. The recourse is obviously going to be declared inadmissible. If that submission was done by a private citizen, they would get a heavy fine for that.

Here it is a power in the Florence judiciary branch making this inadmissible move; for unknown reasons. 

I’d like to know the real motive behind the latest Florence move, the only effect of which can be a waste of time (and money), a delay, of at least one or maybe two more years, which only makes the failure of the whole proceeding against Mignini and Giuttari more likely due to lapse on an expiration terms.

I say “I’d like to know” but in fact one motivation stands out as obvious:  the whole proceeding against Giuttari and Mignini, from the first bringing of the charges at the lower courts, appeared as having a wasting of time among its purposes. 

One practical effect - maybe a practical purpose - of pushing the charges against Mignini, was taking the file about the Monster of Florence case links with the Narducci case away from Perugia. By this move, the Florentine prosecutors managed to factually put their hands on the Narducci-MoF file and remove it from the investigating powers in Perugia.

Another effect of this was delay. Now this latest move looks as if its purpose were to delay, as much as possible, the transfer of the legal documents to Turin.   

What is the ultimate event that, by all this, they seem to be seeking to delay?  I can’t know for sure, I can only guess; in fact, I have only one answer, which also stands out as something obvious for those who know a bit of the backstage: 

Giuliano Mignini is not an ordinary magistrate, he belongs to the Anti-Mafia Territorial Division of Umbria, and recently was selected for a further promotion by the Supreme Council of Magistrates.

In fact what is delayed is the advancing of Mignini’s career:  in fact he has been already promoted to a directive function; but, by the rules, his taking the post was frozen while awaiting the outcome and conclusion of the Florentine prosecution. 

Prosecutor Mignini is de facto already functioning as a prominent Magistrate in Perugia and considered as such; but formally he has not been given the directive power.  Several people ““ among them Spezi and a number of his journalist friends, but possibly also other much more important people too ““ are likely not at all eager to see Mignini awarded further power.

About the latest endeavor by Raffaele Sollecito, who became liable for criminal defamation by writing false allegations about Mignini and others in his book, I expect - as logically unavoidable ““ that several powers and subjects will basically have no option but taking legal against him.

There will be a strategic necessity to doing this in order to prevent extradition issues in the future, but also, above all, on principle, because Sollecito made false claims about public institutions that needt to have their names cleared.  Considering the kind of allegations against the judiciary as an institution, and considering that Mignini is a judge of the Anti-Mafia Division, this is the kind of lawsuit that I see as likely to be submitted on a national level, in Rome. 

If that is the case, it would not be the only strange thing that the courts of Rome will deal with.

It seems like there is a kind of “curse”  on proceedings related to the Narducci case. All sections of the Supreme Court which have been asked seem to have attempted to declare themselves “˜incompetent’ about re-opening the cases related to the Perugian doctor. The Cassazione is a huge office with a hundred judges working there, but maybe not so many of them are eager to deal with this case.

This could be only a coincidence. It only brings up to my mind, through a free association of thoughts, a more generic question ““ a personal question of mine ““ that is whether the words “Masonry” and “Politics” have an echo in Roman corridors too.

*****

Finally I want to add another significant piece of Italian news. 

The news a week ago was that the Procura of Florence is investigating a possible corruption/mafia plot involving construction enterprises and politicians that revolves around the building of a new high speed railway in Florence.

Some 31 people are being investigated and among them is the former governor of Umbria. A huge drilling machine ““ nicknamed the “Mona Lisa” ““ used to dig subway tunnels in Florence was sequestrated by the Procura. 

In the last couple of years Perugia’s prosecution office had a main role in fighting political corruption, but it seems that the Florence Anti-Mafia division is also active, just as it was in the times when the prosecutor Vigna worked with them.

Vigna was the one who first evolved the “secret sect” scenario in the Monster of Florence case, raising unexpected problems among the Procura staff.

Saturday, January 12, 2013

How Much To Place Blame On Guede? IMMENSE Headache For RS & AK Teams

Posted by Cardiol MD

[Photo by Andrea Vogt as in December 2010 Supreme Court decides that Rudy Guede didnt act alone]

Zero To 100% Guede Was Claimed Sole Attacker

On a scale of 0% to 100% how much of the blame for the crime against Meredith has been heaped on Rudy Guede?

Well, it certainly varies. In trial court and first-appeal court it was never ever 100%.

Seemingly very scared of the harm Guede could do to their clients, if they provoked him into telling all, defense lawyers have acted consistently since 2008 and more-so since December 2010 as if they walk on eggshells around him.

In fact among the defendants and their teams only ONCE was Guede ever blamed 100%. 

Sollecito’s bizarrely-titled Honor Bound 2012 book, the factually unchecked one, which now is causing him and his defense team so much trouble, was the first instance ever among those accused to try to blame Guede for the crime 100%.

Our next post will look at the categoric claims against Guede by whoever wrote that book. Meanwhile, here and now, let’s start at the beginning.

Commencing from when they were arrested, Amanda Knox pointed decisively at a black man, but of course she pointed at the wrong one: Patrick Lumumba. Make that 0% . Not long after they were arrested, Knox and Sollecito were strongly questioning the role of one another. So 100% against each other, but still a zero against Mr Guede.

In his messages from Germany Guede blamed two hasty intruders though he had no choice but to say he was there. Perhaps 33% at this point.  After Guede was captured, Sollecito implied that they were at the crime scene together because he was worried that Guede would implicate him. Make that 50%.

At Guede’s short-form trial In October 2008, Judge Micheli blamed Guede 33% too. In sending Knox and Sollecito to full trial he dismissed the lone wolf theory (never really to be revived in court again) and he tentatively believed the evidence pointed to their being equally guilty.

In fact Judge Micheli tentatively blamed Knox for instigating both the attack on Meredith and the rearrangement of the crime scene.  In effect he allocated 50% of the blame to Amanda Knox and 25% each to Guede and Sollecito. 

Throughout trial in 2009 the Knox and Sollecito defense teams seemed to take great care not ever to blame Guede 100%, perhaps because (for murky reasons not made public) Rudy Guede had refused to testify against their clients.

Judge Massei assigned Guede 33% of the blame as he concluded that Guede had initiated the attack but that Knox and Sollecito had wielded the knives and that one of them had struck the final blow. 

During trial and thereafter, the defense lawyers for the three were often on Italian TV and as our main poster the Italian lawyer Cesare Beccaria exhaustively charted in a four-part series, each “gently” blamed the other two.

We can assume that is either 33% or 50% but never more than that.

On February 24. 2011, in the Supreme Court report, on its rejection of Guede’s final appeal of his sentence for involvement in killing Meredith, blamed Rudy Guede and two others equally. Some 33% of the blame each.

The Supreme Court relied upon three facts: the physical evidence of Guede’s presence at the flat, Guede’s actual admission of his presence, and Guede’s implicit admission of shared-guilt in his documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 (“I was scared that they would say I was the only guilty person”).

In a nutshell, the situation at the start of the Sollecito and Knox appeal before Judges Hellmann and Zanetti in 2011 was this:

• The Supreme Court had decided that Rudy Guede acting ALONE could not have attacked Meredith with several knives over an estimated 15 minutes, left so little physical evidence upon her, staged the break-in via the absurd route of Filomena’s window while leaving zero DNA in her room, placed Sollecito’s DNA on Meredith’s bra clasp, engineered several traces of Knox’s and Sollecito’s footprints outside the room, and placed the mixed DNA of Meredith and Knox in several different locations outside Meredith’s locked door.
• But there remains zero evidence that perps two and three which the physical evidence strongly pointed to were anyone other than Knox and Sollecito. There’s really not one speck of hard evidence to the contrary. Defenses somewhat desperately tried to engineer some at first appeal from the seemingly perjured testimony of jailbirds Alessi and Aviello and some smoke-blowing over the DNA testing, but in terms of HARD evidence came up empty-handed. Alessi did a meltdown on the stand, while Aviello turned completely cuckoo, and Judges Hellmann and Zanetti had to invent arguments frantically to dig Knox and Sollecito out of that hole.

I have done a series of posts (to be read from the bottom upward) on the Hellmann-Zanetti outcome covering many other aspects of their strange arguments.

Back in late 2010 some of us at TJMK were impressed at the alacrity with which Judge Hellman selected Conti and Vecchiotti.

We were thinking that “he had already thought it all out” [we seem to have got that-much right], and that he was “being prudently responsive to the legal and political pressures bearing down on him, and knows the ruling also calls the defendants’ bluff.”

I had posted that the defenses of Knox and Sollecito seemed to be trying to exclude evidence that they themselves tried to destroy, essentially on the grounds that their destructive attempts failed to destroy all of it, and left behind only some of it.  Their argument had boiled down to whether the disputed DNA evidence is more unfairly prejudicial than probative.

It was my opinion that because it was the defendants’ deliberate conduct that nearly succeeded in extinguishing all their DNA, any US and UK courts would admit this highly relevant evidence, and let the participants duke out its fairness, in open court, in front of a jury.

I had thought that was what the Massei Court had already done, and was what the Hellmann/Zanetti court was then doing. The Hellmann/Zanetti court was doing that - but that was not all it was doing, as we now know and regret.

I had believed that the defendants would bitterly regret their petition for such DNA Expert-Opinion Review.  We should know in March 2013 if they regret it at all, let alone “˜bitterly’. So far they may not, but Sollecito’s current venture into special-pleading journalism in his book seems likely to accelerate their journey to a bitter and regretted destiny.

We were less impressed with how Judge Zanetti started the appeal hearings.

To his eternal discredit Judge Zenetti uttered words to the effect that “the only thing that is “˜certain’ in Meredith’s case is that Meredith is dead.” Nothing else. In effect, illegally promising a whole new trial at appeal level - very much frowned on by the Supreme Court.

Unless the word “˜thing’ is a mistranslation, that is not the only thing that was already certain in Meredith’s Case; Many Things were then certain in her case. 

For example, it is certain that the first-ever documented references to Meredith’s scream just before she was killed had already come both from the mouth of Amanda Knox herself, and from the hand of Amanda Knox, in the case of her contemporaneous personal hand-written notes.

Guede, himself, had certainly already made a documented reference to Meredith’s scream.

It was also certain that Guede had made documented references to his actual presence when Meredith screamed.

Some of these already-certain facts inconveniently undermined Hellmann’s and Zanetti’s already-assumed conclusions, so they then proceeded in-turn to undermine the “˜reliability’ of those facts, e.g. “˜it is not certain that the scream was Meredith’s scream; it could have been someone-else’s scream’; or even Amanda’s scream?

The Massei court had exhaustively presented the evidence from all sources in their conclusion that Knox and Sollecito were the ones who shared Guede’s guilt. But Hellmann/Zanetti then contradicted ALL the previous finders-of-fact with regard to Guede, essentially using five ploys in arguing:

• That Guede was Unreliable: “for example, in the questioning before the Prosecutor, he denies being known by the nickname of Baron, “¦.so as to result in a version completely incompatible with the reality of the facts as perceived and heard…” [Is that ever giving birth to a mouse?], and
• That the Supreme Court had “held Rudy Guede to be an Unreliable person”, and
• That “therefore, among the evidence against the two accused, the testimony given at the hearing of June 27, 2011 by Rudy Guede cannot be included because it is Unreliable, nor can the contents of the letter written by him and sent to his lawyers”, and
• That concerning Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 “”¦ the contents of the chat between Rudy Guede and his friend Giacomo Benedetti on the day of November 19,  2007,  also listened to by the Police,  can be considered in favour of the two accused”, because “he would not have had any reason to keep quiet about such a circumstance,”
• And that “So, in the course of that chat with his friend….. Rudy Guede does not indicate in any way Amanda Knox and Raffaele Sollecito as the perpetrators…..” and “.....he would not have had any reason to keep quiet about such a circumstance….. he being…. certainly the perpetrator….. of the crimes carried out in via della Pergola, that if Amanda Knox and Raffaele Sollecito had also participated, that he would at that moment have revealed this to his friend.”

So, summarising Hellmann and Zanetti, they have absurdly argued a contradiction:

• Because of Guedes notoriously unreliability, the public evidence in which he did accuse Knox and Sollecito cannot be considered as evidence of their guilt, but
• In spite of Guede’s notorious unreliability, because Guede did not accuse Knox and Sollecito in a private conversation this must be considered as conclusive evidence of their innocence.

We are not the audience to which Dr Galati’s appeal against Hellmann and Zanetti to the Supreme Court is directed. Most of us probably have some difficulty with its legalese, translated into English, so bear with it.

Dr Galati’s appeal against Hellmann and Zanetti refers to Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 as follows:

The Hellmann/Zanetti court, “has”¦ made “¦. completely anomalous use of the Skype call, accepting it for the time of Kercher’s death, but not for other circumstances which are also extremely relevant for judgment purposes, but which have been totally ignored.

In fact, in the call, Guede recounts having heard Meredith complaining about her missing money and of her intention of asking Ms Knox, with whom she had quarrelled, for an explanation (p. 10 of the call [transcript]), of having seen Meredith look in vain for the missing money in her drawer (p. 18), then of having seen Meredith look, still in vain, for her missing money in Amanda’s room (pp. 18-19 of the call [transcript]), and of having heard a girl enter the house, who could have been one of the roommates, thus Amanda (p. 11 of the call [transcript]), while the Ivorian found himself in the bathroom, just before hearing Meredith’s terrible scream which would have caused him [59] to exit the bathroom, about five minutes after the girl’s ingress (p 12 of the call [transcript])”... .

The Court has, in practice, without reason thrown the responsibility onto Guede for throwing the rock and clambering in (see pp 121-122 of the appealed judgment): in the same Skype call, Guede, however, repeatedly denies having seen the broken window in Romanelli’s room during the whole time in which he was in the house at Via della Pergola on that evening (pp 8, 20, 34 of the call [transcript]). Not only that: Rudy Guede also said that he was at Knox’s many times”› (pp 88 of the call [transcript]).

If the Court held the Ivorian citizen to be sincere in the tele-conversation with his friend Benedetti, then why not also believe him when he denies having broken in, or when he recounts Meredith having it out with Amanda, or when he says that he had been at the latter’s place many times”›?

Dr Galati’s appeal to the Supreme Court argues that the Hellmann/Zanetti appeal judgment, apart from being manifestly illogical, is manifestly contradictory with respect to the contents of the case file referred to (Article 606(e) Criminal Procedure Code). Here is what it says about their tortured interpretations of Rudy Guede.

And in the Skype call with Benedetti, intercepted unbeknownst to him, there emerge circumstances that confirm Guede’s court declarations. The Court takes the Skype call with his friend Benedetti into examination, valuing it “šin favour of the two accused”› both for what it does not say and also for what it does say, and this it does building from one, not only unexplained, datum but which would have taken little to deny: since Rudy was outside of Italy, he was in some sense safe”› and thus could well have been able to tell the whole truth (p 40 of the judgment).

Not in the least does the Court depart from the presupposition that in this call Rudy would have been telling the truth and, because in this call he would not have named the current defendants, these have got nothing to do with the homicide. The Court does not explain, though, that even in this call Rudy was tending to downplay his responsibility and, if he had named his co-participants, that would have easily allowed, by means of investigations and subsequent interviews, the bringing out of his causal contribution and of his responsibility.

[91] Of the things said in this Skype call, the Court seems at one moment to want to value the chronological datum from 9:00 PM to 9:30 PM to affirm that this would therefore have been the time of death of Meredith; successively, though the appeal judges, following the principle of plausible hypothesis, in relation to the outgoing calls on the victim’s English handset, have moved it to 10:15 PM, but they have not altered the reliability of the time indicated by Guede.

In truth, during the course of the conversation, Rudy recounts having heard Meredith complain about the missing money and of her intention to ask Knox, with whom she had argued, for an explanation (p 10 of the call); of having seen Meredith look in vain for the missing money in her drawer (see p 18); of having seen her search, again in vain, for the missing money in Amanda’s room (pp 18 and 19 of the call) and of having heard a girl enter the house ““ who must have been one of the flatmates, thus Amanda (p 11 of the call), ““ while he was in the bathroom, a little before hearing Meredith’s terrible scream which would have induced him to exit the bathroom, about five minutes after the ingress of the girl (p 12 of the call).

And also, on the subject of the break-in in Romanelli’s room ““ thrown without explanation onto Guede’s back (see the judgment being appealed from, at pp 121 and 122) ““ can remarks by the Ivorian citizen be found in the transcription of the intercept. Guede repeatedly denies having seen the broken window in Romanelli’s room for the whole time in which he was in the house at Via della Pergola that evening (pp 8, 20, 34 of the call).

If the [Appeal Court] had held as reliable what Rudy narrated in the Skype call relating to the time in which Meredith was killed, it supplies no reason at all, on the other hand, for why it does not believe him as well when he denies [92] having committed the break-in or when he recounts the quarrel of Meredith with Amanda.”

None of this changes my own beliefs that there are even many more things in evidence that are “˜beyond any reasonable doubt’.  For example:

• It is beyond any reasonable doubt that Meredith was restrained by hands other than the knife-wielding hand(s); and that Meredith was restrained by the hands of two, or three persons as she was killed.
• It is beyond any reasonable doubt that steps were taken to clean away smears made by Meredith’s blood in the place where she was killed, and tracks of Meredith’s blood transferred by her killers to other places.
• It is beyond any reasonable doubt that steps were also taken to simulate a break-in that never-was.

In the next post, we examine Dr Galati’s appeal further and the strident claims against Guede made in Sollecito’s own book which contradict some of the positions of HIS OWN LAWYERS. Note that Dr Galati has argued in the appeal that it was ILLEGAL for Hellmann and Zanetti not to have taken the Supreme Court’s ruling on three perps fully into account and having innored it or brushed past it. 

Verrrry tough situation for defense counsel to be in.

Wednesday, December 12, 2012

Simon & Schuster Seem To Be Seriously Rattled Over Lack Of Due Diligence On Sollecito’s Book

Posted by Peter Quennell

See this emailed exchange which took place late today.

What Simon & Schuster’s agent is complaining about was a chronological reordering (behind the scenes and not linked to from the front page) of these many corrections here. Our Kindle and hardcover copies were legally purchased. Simon & Schuster put about 1/4 of the book on the front of their own website, and Google Books also carries about 1/4 of the book to read free.

Admittedly, our corrections may have been quite a shock. However, we didnt cause the book sales to tank. All of our past posts on Raffaele Sollecito’s book can be seen here.


*******


Mr Eraj Siddiqui
119 South B Street Suite A,
San Mateo, CA 94401

Dear Mr Siddiqui

Thank you for your “Verified DMCA Removal Request from Attributor” copied below.

The book you refer to appears to contain up to 30 instances of criminal defamation under Italian law and literally hundreds of wrong and injurious statements that are hurtful to many fine officials in Italy.

We have full legal rights to point out the myriad mistakes in the book. In fact a defamation of a prosecutor in the book has ALREADY been admitted on Italian national TV by the writer’s own father in Rome.

That Simon & Schuster apparently failed to do their legal and factual due diligence on the book prior to publishing seems to us to be absolutely nobody’s fault but their own. They are hardly new at this game.

Nice try, but sorry, no cigar.

Peter Quennell


*******


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I have a good faith belief that the information contained in this notice is accurate, and that the page or material listed below is not authorized by the Rights Owner, its agents, or the law for use by the individual(s) associated with the identified page listed below or their agents.

To the extent that the Digital Millennium Copyright Act, the European Union’s Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society (2001/29/EC), and/or other laws and regulations relevant in European Union member states or other jurisdictions apply to your service, if at all, I HEREBY DEMAND THAT YOU ACT EXPEDITIOUSLY TO REMOVE OR DISABLE ACCESS TO THE PAGE(S) OR MATERIAL(S) at the Infringing URL(s) identified below.

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Eraj Siddiqui
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*** INFRINGING PAGE OR MATERIAL ***

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Saturday, October 20, 2012

Exploding Nightmare For Lawyers Of The Defense: Torrent of “Mistakes” In Sollecito’s Hapless Book

Posted by Sara

More and more and more wrong facts and libels are being turned up in Sollecito’s pathetic book, both by us here and by an irritated officialdom in Rome and Perugia.

Amanda Knox is rumored to perhaps be mentally unstable and figuratively locked in the attic in Seattle. Now Sollecito seems to have been disappeared back in Italy for his own good as well.

Sollecito’s own lawyers (who have in the past threatened to walk) and his own family have already thrown him to the wolves on Italian TV over just one highly libelous claim and there are an estimated two dozen more still to surface.

Not really a good idea to write a shrill “I’m the real victim here” book unchaperoned, when you have the smug mentality of a 12-year-old. The facts strongly against you. A very bright prosecutor. And a ghost writer whose slobbering over a laughably fictional Sollecito suggests he has a something of a boy-crush.

Raffaele Sollecito has made many stupid claims in his book, but perhaps none is so obvious and more idiotic than his claims about the “lost” emails.

What is it with this guy and the emails? He seems to think (or perhaps, thinks that the readers are stupid enough to believe) that if a computer or a hard drive is destroyed, all the emails in it are lost as well. Come on already, surely they taught him the mechanisms of email in his computer classes.

Look at his statements regarding emails. In chapter 2 (Love and Death) of his book, he describes the morning after the murder -

I’d been up several times in the night””listening to music, answering e-mail, making love””and wanted only to go back to sleep

Right, so he got up many times in the night to answer e-mails. You’d think that this would be his biggest alibi for the night of the murder, right? No, wrong. Raffaele could not prove his alibi because, in his own words -

I did not yet know that the Polizia Postale””supposedly experts in handling technology issues””had seized two of my computers along with Amanda’s and Meredith’s and somehow wrecked three of the four hard disks while trying to decipher them. The bottom line was that the damaged disks were now deemed unreadable. That left just my MacBook Pro to provide an alibi for the night of the murder.

But modern emails DON"T EVEN RESIDE on local hard drives unless one DELIBERATELY downloads them. And even if one does (and hardly anyone ever does) there rarely is reason to completely delete the original, and here there seems about zero reason to do that.

And even if the original IS deleted Facebook and email services have shown under legal pressure that they maintain complete backups going back many months. No way Sollecito’s supposed emails on the night could have been made to simply no longer exist.

Again, when he talks about Amanda and Meredith’s friendship, he says -

If either Meredith’s or Amanda’s computer had survived the police examination, there might have been photographs, emails, and other evidence to point to a more meaningful interaction

Here we go with the elusive emails again. Will someone explain the point of email to this guy? What difference would the local computers surviving or not surviving make to any emails residing on his host’s servers?

He actually has the nerve to criticize the Polizia Postale’s technical competence after making a statement to the effect that he and Amanda could not retrieve their emails as the hard disks were damaged.

Whether the hard disks were destroyed or not, whether it was the Polizia Postale’s fault or not is hardly important here. Admittedly, Amanda is not a “technical genius” (After all, she does not know how to delete messages from her sent items).

But what is stopping this resident technical genius from simply accessing his email box from some other computer or iphone, and printing out a copy from his sent items? Why doesn’t he ask even one of the happy recipients of his emails - by the way, who were they? - to forward it back to him?

Did all of them delete his mails from their in boxes and trash too? Even if we defy all logic and accept that they did, what’s stopping at least one of them from coming forward and testifying that they received a mail from him that night? Did all of them get selective amnesia at the same time too?

Similarly, if any emails that proved the “close friendship” between Amanda and Meredith existed wouldn’t they still be retrievable from Amanda’s mailbox? She could have printed a copy any time. Did she go around deleting all of Meredith’s mails the minute they arrived as well as her own replies to them, and clearing her trash box and all her host’s backups as well, just to be doubly sure they can’t be retrieved?.

Ok, let’s say the emails were deleted. What about the photographs? If there had been any photographs that would establish their “close” friendship, wouldn’t they be there on the camera or phone from which they were taken? Or wouldn’t either Meredith or Amanda have sent them to someone or posted them on their Facebook?

How did EVERYTHING vanish without a trace? If neither of them ever sent the photos to anyone or posted them online anywhere, or even kept them on file, you really have to wonder what was the point of taking them at all.

No one is claiming that Amanda and Meredith were at loggerheads all the time, they might even have gotten along initially. Meredith was not a person who judged people harshly. By all accounts, she did try her best to get along with Amanda, trying to include her in outings and defending her when she got into trouble.

It was Amanda who pulled away saying she wanted to socialize only with Italians. But the fact is that there were clashes and there were differences between them.  Trying to make out that they were the best of friends by claiming the destruction of non-existent proofs is not only unbelievable but also utterly stupid.

Like our main poster Hopeful summarized it: this claimed computer genius has never in four years been able to prove he sent an email? Ridiculous.

Thursday, September 27, 2012

Translation Of Dr Mignini’s Interview After Takedown Of Sollecito Book On Porta a Porta

Posted by Ziak.

This is my translation from the original In Affaritaliani

Giuliano Mignini, the prosecutor in the Meredith case, speaks: “No bargaining with Sollecito”

Tuesday, 25 September 2012

It has been claimed that Dr Mignini had seemingly bargained with Raffaele Sollecito in order that he would accuse Amanda Knox in exchange for a lighter sentence.

But now the prosecutor in the Meredith case, Giuliano Mignini, has chosen Affaritaliani.it as the forum to break his silence: “No bargaining. It suffices to read the book attentively to understand that I have nothing to do with it. I am disconcerted by this distortion of the facts.”

And further: doubts about Amanda’s guilt? “If I had them [doubts], I would ask for absolution. I have always believed in the responsibility of both of them.”

The pressure while awaiting the sentence was enormous: “I believe that trials should take place in the halls of justice, not outside”. Both Amanda and Sollecito have written books about the murder: “These are choices that each person makes, and for which they are responsible”.

THE INTERVIEW

by Lorenzo Lamperti

In the past few days, Prosecutor Mignini, it has been written that you apparently bargained with the family of Raffaele Sollecito, offering a lighter sentence in return for testimony against Amanda Knox.

“I must say at this point that I am disconcerted [dismayed] by this distortion of the facts. It suffices to read what Sollecito has written in his book in order to understand that I have absolutely nothing to do with it.

Furthermore, Raffaele’s father has denied the existence of any bargaining.

However, I continue to see newspapers which publish these things. Let’s forget about the American newspapers, over which it would be best to draw a pitying veil, however it surprises me that even here in Italy facts are talked about which have never been checked.

Sollecito’s father denied this live on television, and yet there weren’t even any starting points to support something [claims] of this sort.

Thus there was an exploitation is Sollecito’s account?

“That seems clear to me. And yet the event of the Kercher process was preceded by that of the Monster of Florence [the Cassation Court will deliver its verdict on 22 November, editor’s note]. That was what started everything: I never said anything, but I’m fed up, sick and tired at this point. There has been too much superficiality on the Meredith story.”

Raffaele Sollecito speaks of a lawyer who apparently bargained/negotiated with his family…

“These are merely conjectures on conjectures. And yet, I don’t understand how Sollecito’s account can have been interpreted as referring to me. Looking carefully at things, it could almost be said that it is me who is the person offended by a boast.”

Are you considering legal action?

“I have 90 days. I will consider it. Certainly, I must take note of Dr Sollecito’s denial.

What his son wrote, or at least, what the newspapers report, has not been libelous with regard to me. The problem lies in the interpretation of his text that has been made. It would suffice to read [the book] correctly in order to understand that we are talking of simple impressions, not of facts.

The only concrete references are made to a few persons who are not me.”

Therefore you rule out the existence of a secret bargain?

“Indeed! in the most absolute manner possible. What for, why after the conviction and the appeal request for life sentencing, would I seemingly started to negotiate?!  What would I negotiate about?

Thus you have never had any doubts about Amanda’s guilt?

These doubts don’t exist. If I had doubts, I would have asked for absolution. I have always believed in the responsibility of both these two.”

The Cassation appeal is also based on Amanda’s conviction for calunnia.

“This is one of the fundamental aspects of the appeal [our appeal against Hellman] which is moreover based on numerous other reasons. The appeal has been made very well. We’ll see what the Cassation decides on 25th March next year.”

The fact remains that a striking situation has been created, in which Rudy Guede has been convicted for contributing to a murder, but according to the courts there are no [other] contributors, or at any rate, Amanda and Raffaele are not contributors…

“Yes, yes. Indeed. Rudy Guede is convicted as having participated. Sollecito and Knox were acquitted. Furthermore, Rudy Guede, as we have seen, was not even convicted of having carried out the simulated break-in…

These are problems that arise with the fast-track trial system, when one part of the case is separated from the other part. This case, on the contrary, is a unitary whole [a single case].

There was very considerable pressure brought to bear on the trial process. Do you believe that it might in any way have had an influence on the sentence?

“I don’t know if it influenced it. I know that the Court had that idea, that conviction, which I don’t share. Certainly the pressure brought to bear was extreme. I believe that trials should take place in the halls of justice, not outside.”

You rashly spoke of an “almost predicted” sentence.

“Those who followed the appeal process can make their own assessments. According to us, the first instance sentence was correct and complete. We’ll see what Cassation decides, but, over and above the process I cannot accept certain insinuations.

I was exclusively made the butt of attacks. I remain dismayed, for example, when reference is still made to comments I denied having made years ago, in which I reportedly linked Meredith’s murder to satanic rites. This is something I never said, but which is still continuously written.”

Is it a case of errors, superficiality, or of something more?

It is no longer possible to talk of errors, because it has been years since I disclaimed those comments. At this point, the thing confounds me.”

Many people, faced with Sollecito’s book and the one by Amanda which will come out shortly, turn up their noses and consider it wrong to profit from a tragedy such as the murder of Meredith. What do you think?

“These are choices that each person makes, and for which they are responsible. I will limit myself to saying that the process is still under way, and we must await Cassation.”

Sollecito’s Book Honor Bound Hits Italy And Already Scathing Reactions And Legal Trouble

Posted by Peter Quennell

[Above: Sollecito’s father Francesco on Italian national TV being made to admit the book lied]

The Sollecito/Gumbel book is an “own goal”

In Italy the extremely inaccurate and hyper-aggressive book has already set themselves up for two kinds of trouble

The Gumbel and Sollecito book was released in English on 18 September 2012 and within ten days all of Italy knew that the book was a crock.

Sollecito’s own father and own lawyers Bongiorno and Maori have already been forced to admit the book contains serious lies.

Already the prosecution has indicated that they are weighing whether there might be new charges lodged against Sollecito.

Analysis Of 3 Claims Of Criminal Conduct

We focus on three claims by Sollecito and Gumbel of criminal behavior which have already been widely repudiated by the Italian press.

1. A deal was sought by prosecution to frame Knox

Sollecito’s own father Francesco was made to concede by the host and all other guests on the popular Porta a Porta TV show last week that Sollecito lied in claiming that the prosecution had sought a deal under which Sollecito would frame Amanda.

Such a deal would be illegal so Sollecito was falsely accusing prosecutors of a very serious crime. Francesco Sollecito backed down even more in some interviews later. One of Sollecito’s own lawyers, Luca Maori, immediately denied in obvious frustration that the offer of any deal either way ever happened, and Giulia Bongiorno soon publicly agreed. .

2. A long brutal interrogation on 5-6 November 2007

Sollecito has suddenly claimed in the book, nearly five years after he said it happened, in face of vast evidence including his own writings to the contrary, that police interrogated him over 10 hours, and abused and threatened him.

But he was demonstrably not ever interrogated over 10 hours, and he folded fast when they showed him his phone records, which contradicted his earlier alibis, and so he promptly laid the blame on Amanda.

The English translations of the lengthy court transcripts of those many who were present at the central police station on the night all coincide, and damn the version cooked up by Sollecito and Gumbel..

3. Deliberately wrong reasoning in the Galati appeal

All this trouble flows from half a dozen pages of Sollecito’s book made public in Italy!  Here now are several more pages not yet known about there (we will have many more) which our poster ZiaK has translated into Italian to help everybody to read. Sollecito ridicules both Dr Galati and his appeal. Let’s see:

• Dr Galati is recognised as one of the most brilliant lawyers in Italy, and he is a former Deputy Chief Prosecutor at the Supreme Court, specially assigned to Perugia because cases involving the central government are handled there when they are too hot to handle in Rome.
• Solllecito is of course a 28-year old student with a cocaine record and a long history of parental supervision who has never held a job in his life. He failed the entrance exam in virtual reality for the University of Verona but still has delusions of a career in computer games.

And surely Gumbel would never have got the job if Bongiorno and Maori had the opportunity to size up how wildly incompetent about the law and the case and and twisted in his mind about Italy he seems to be.

These ill-advised pages below show Sollecito’s and Gumbel’s profound ignorance of Italian jurisprudence, a total incomprehension of the wide scope of the appeal, and their contempt toward the advice from his lawyers.

Passages highlighted are wrong on the hard facts as shown in part 2 below.

1. What The Sollecito/Gumbel book claims

Judge Hellmann’s sentencing report was magnificent: 143 pages of close argument that knocked down every piece of evidence against us and sided with our experts on just about every technical issue. It lambasted both the prosecution and the lower court for relying on conjecture and subjective notions of probability instead of solid evidence. And it launched a particularly harsh attack on Mignini for casting aspersions on the very concept of proof beyond a reasonable doubt.

Mignini had dismissed it in one of his court presentations as a self-defining piece of linguistic trickery. Hellmann pointed out that reasonable doubt was now””belatedly””part of the Italian criminal code. A case built on probability alone, he said, was not sufficient and must necessarily lead to the acquittal of the defendant or defendants.

The prosecution’s rebuttal of the sentencing report, filed a couple of months later, was little short of astonishing.

It accused Hellmann of indulging in circular arguments, the old rhetorical fallacy known to the ancients as petitio principii””essentially, starting with the desired conclusion and working backward. The criticism applied much more accurately to what the prosecution and Judge Massei had done themselves; everything, even the absence of evidence, had been a pretext for them to argue for our guilt. But the author of the prosecution document, Giovanni Galati, chose not to dwell on such ironies. Instead, he attacked Hellmann””I wish I were joking about this””for resorting to deductive reasoning. Making yet more allusions to grand rhetorical principles, Galati said he had a problem with the appeals court taking the available evidence and seeking to make each piece follow on logically from the last. I take it he is not a fan of Sherlock Holmes.

Galati seemed incensed that Hellmann had found the “superwitnesses” unreliable. He argued that Hellmann’s problem with Antonio Curatolo, the heroin addict in Piazza Grimana, was not his failure to be consistent about the details of when and where he had supposedly seen us but rather Hellmann’s own “unwarranted prejudice against the witness’s lifestyle.” Galati even dared to embrace Curatolo’s argument that heroin is not a hallucinogen to insist he must have been telling the truth.

These arguments, to me, made a mockery of civilized discourse. I don’t honestly know how else to characterize them.

From my experience, I also know they are the bread and butter of the Italian legal system, the peculiar language in which arguments and counterarguments are formed every day. Not only do innocents go to prison with shocking regularity, while guilty people, equally often, win reprieve or acquittal; magistrates and judges who make the most howling errors rarely pay for their mistakes.

See Part 3 below for an Italian translation of the above, kindly supplied by main poster ZiaK.

2. Correctly explaining Cassation’s reasoning

Read all the posts here. Also read all the posts linked to here.

Italy’s excellent justice system is in fact exceptionally pro defendant, and prosecutors have to jump through more hoops than any other system in the world. Major errors and framings of innocent parties never make it through to a final guilty verdict.

Correctly understood in light of that system, there was nothing magnificent about the Hellman-Zanetti outcome. The Hellmann court is KNOWN to have been hijacked.

And these posts by Cardiol and James Raper show the report was written by two biased and wrongly qualified judges way out of their depth on both the evidence and the law.

Here is main poster Machiavelli’s explanation of what Sollecito.doesn’t get. The required logic Sollecito is ridiculing is intrinsic to Italian jursprudence (and US and UK jurisprudence) and is REQUIRED by the Supreme Court. 

In plain English, Dr Galati is saying that Hellmann-Zanetti ignored that requirement.

Instead, they illegally went cherrypicking, with an extreme pro-defendant bias up-front. Bold text here is to emphasize that.

2.  The failure to apply the inferential-inductive method to assess circumstantial evidence. This is a key point based on jurisprudence and is in fact a devastating general argument against Hellmann-Zanetti:

The appeal to Cassation’s jurisprudence on the circumstantial case originates from the fact that the Assize Appeal Court did not deploy a unified appreciation of the circumstantial evidence and did not examine the various circumstantial items in a global and unified way.

With its judgment it has, instead, fragmented the circumstantial evidence; it has weighed each item in isolation with an erroneous logico-judicial method of proceeding, with the aim of criticizing the individual qualitative status of each of them ..

Dr Galati accuses the appeal court of focusing on the quality of some pieces of circumstantial evidence, instead of their correlation to each other as the Supreme Court always requires. .

The appeal judges, in actual fact, deny that the probative reasoning and the decisive and cognitive proceeding of the court is to be found in the circumstantial evidence paradigm of the hypothetico-probabilistic kind, in which the maxims of experience, statistical probability and logical probability have a significant weight.

The court must reach a decision by means of the “inductive-inferential” method: it proceeds, by inference, from individual and certain items of data, through a series of progressive causalities, to further and fuller information, so arriving at a unification of them in the context of [13] the reconstructed hypothesis of the fact.

This means that the data, informed and justified by the conclusions, are not contained in their entirety in the premises of the reasoning, as would have happened if the reasoning were of the deductive type “¦ (..) A single element, therefore, concerning a segment of the facts, has a meaning that is not necessarily unambiguous.

Dr Galati cites and explains further:

The Perugia Court of Appeal has opted, instead, precisely for the parceled-out evaluation of individual probative elements, as if each [14] one of them must have an absolutely unambiguous meaning, and as if the reasoning to be followed were of the deductive type.

This error emerges from the text of the judgment itself, but the gravity of the error committed by the Court in its decision derives from the fact that even the individual elements had been acquired by the cognitive-decisioning process in a totally partial manner, isolating the sole aspect that allowed the recognizing of doubts and uncertainties in the element itself..

So Galati-Costagliola concludes ““ and this by now is obvious ““ that the Hellmann-Zanetti court followed a “deductive only” paradigm on pieces in isolation, instead of the “inferential-inductive” paradigm prescribed by Supreme Court requirements (1995).

Moreover, Hellmann-Zanetti applied a deductive paradigm of assessment only to some cherry picked aspects of the single isolated pieces of evidence, overlooking other qualities of the single piece (an example ““ my own ““ is the possible “contamination” of the bra clasp found on the floor in the murder room.) Ordering an assessment of the quality of any element as if it was a proof in isolation from the rest of the evidence is itself unlawful.

But Hellmann”“Zanetti also picked out of the evidence one aspect alone, for example it points to the theoretical possibility of contamination by touching from gloves, but does not consider the negative check results from the possible contamination sources. The interpretation of X-DNA from the bra-clasp by Vecchiotti in the conclusion is worded as if to ignore the results on the Y-haplotype, and so on.

So even single aspects/qualities of isolated items are further isolated from other aspects by Hellmann-Zanetti, and are assessed without looking for a relationship to the context. This is a core violation of the basics of jurisprudence in cases based on circumstantial evidence.

3. Italian Version of the passage on the Cassation appeal from Sollecito’s book

This translation is kindly provided by main poster ZiaK.

Il rapporto di motivazioni del giudice Hellmann fu magnifico: 143 pagine di ragionamenti serrati che demolirono ogni singolo pezzo di prova contro di noi, e che con riferimento a quasi ogni questione tecnica presero le parti dei nostri esperti. Il rapporto strigliò sia la pubblica accusa, sia la corte di prima istanza per il loro affidamento ai congetture e ai nozioni soggettivi di probabilità  invece di dipendere su prove solide. Perdipiù, il rapporto sferrò un attaco particolarmente severo su Mignini per aver denigrato il concetto stesso di prova oltre ogni ragionevole dubbio. Mignini aveva già  scartato questo concetto come un inganno linguistico auto-determinante nel corso di uno delle suoi presentazioni alla corte. Hellmann fece notare che il dubbio ragionevole fa ormai - tardivamente - parte del codice penale italiano. Una causa stabilita unicament su probabilità , disse Hellmann, non é sufficiente e deve necessariamente condurre all’assoluzione del imputato o degli imputati.

La confutazione del rapporto della parte dell’accusa, presentato in appello un paio di mese dopo, fu quasi una cosa sbalorditiva.

Accusò Hellmann di abbandonarsi a argomentazioni viziosi, in quella vecchia falsità  retorica conosciuta dagli antichi come petitio principii - cioè,sostanzialmente, partire dalla conclusione desiderata per poi andare a ritroso. Questa critica potrebbe essere applicata con molto più precisione a ciò che fecero l’accusa e il giudice Massei stessi: tutto - compresa anche la mancanza di prove - gli é servito di pretesto per dare appiglio agli loro argumenti sostenendo la nostra colpevolezza. Ma l’autore di quel rapporto della pubblica accusa, Giovanni Galati, scelse di non soffermarsi su queste ironie. Al contrario, preferii attacare Hellmann - io desideri davvero fossi solo scherzando su questo punto - per il suo aver ricorso al ragionamento deduttivo. Perdipiù, facendo ancora altre allusioni a grandi principi retorici, Galati si dichiarò insoddisfatto del fatto che la Corte d’appello avesse preso prove disponibili e avesse cercato di far seguire in modo logico un pezzo dopo l’altro. Devo supporre che Galati non sia un tifoso di Sherlock Holmes.

Galati sembrò furibondo che Hellmann avesse trovato inaffidabili gli “supertestimoni”. Sostenne che la difficoltà  che Hellman terrò a proposito di Antonio Curatolo, il tossicomane della Piazza Grimana, non fu la sua incapacità  di ricordarsi con coerenza i dettagli su quando e dove fossimo presumibilmente visti, ma piuttosto il “pregiudizio ingiustificato contro il modo di vivere del testimone” mantenuto del stesso Hellmann. Galati osò persino cogliere l’argomento di Curatolo, secondo il quale l’eroina non é un allucinogeno, per sostenere che Curatolo avesse dovuto dire la verità .

Tali argomentazioni, al mio parere, svuotino il discorso progredìto di tutte le sue valori. In onestà , non saprei descriverli in modo diverso. Nella mia esperienza, so anche che sono il fondamento del sistema giuridico italiano, e della la lingua particolare nella quale gli argumenti e controargumentazioni sono formulati ogni giorno. Non solo gli innocenti vengono incarcerati con preoccupante frequenza, mentre le persone colpevoli con altrettanto frequenza ottengono sospensione o assoluzione, ma anche i magistrati ed i giudici che fanno gli più strepitosi errori pagano raramente per i loro sbagli.

. 

[Below: Sollecito’s lead lawyer Bongiorno. Still in shock? She has made no statement yet on his book]

Thursday, September 20, 2012

Dr Galati: Here On American TV Tonight Raffaele Sollecito Apparently Commits Felony Defamation

Posted by Peter Quennell

Right now, Raffaele Sollecito, an Italian, is swanning around the United States with the apparent sole purpose of making his home country look bad.

As he is still accused of murder and other felonies until the Supreme Court signs off on the case, and accused felons are normally never allowed to enter the US by Immigration, it seems Sollecito could be here in the US illegally.

This video above was recorded from the Anderson Cooper news program on CNN at 8:45 pm tonight.

Here Raffaele Sollecito claims to have been abused and threatened by interrogators and claims that the same thing happened to Amanda Knox. He implies that he held out for hours, and that Knox was interrogated for 10 hours.

This seems to our lawyers precisely the same kind of invented malicious claim against interrogators which has resulted in both Amanda Knox and her parents being sued for felony defamation (calunnia) by police officers present when she was interrogated.

We know that both Sollecito’s own father Francesco AND HIS LAWYER Mr Maori have just indicated on national Italian TV that Sollecito was lying when he made this and other claims in his book. He has zero evidence to prove it, and he cannot point to anyone who abused him.

Sollecito had more than four years at trial and appeal and on national TV and privately with his lawyers to lodge such charges of abuse - and yet he never did. Not once did he ever advance them even though they might have got him off.

He did not even mention it in his nationally televised interview in Italy soon after he was released. He had to come to America to start making it - as blackmail, to make the Knox forces get him a resident visa?  .

What do we believe really happened?  This is from our July 2009 post on Sollecito’s many alibis.

Sollecito was asked to return to the police station on 5 November to answer some more questions. He was at that time confronted with telephone records that proved that he and Amanda Knox had lied previously.

So for his third alibi, which now cut Amanda Knox loose and implicated her, Sollecito claimed that he was at his apartment all evening, and that for part of the evening Knox was out, from 9 pm to 1 am.

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

Amanda and I went into town at around 6pm, but I don’t remember what we did. We stayed there until around 8.30 or 9pm.

At 9pm I went home alone and Amanda said that she was going to Le Chic because she wanted to meet some friends. We said goodbye. I went home, I rolled myself a spliff and made some dinner.”

He goes on to say that Amanda returned to his house at around 1am and the couple went to bed, although he couldn’t remember if they had sex.

How did things proceed from there? Did Sollecto or his lawyers claim that he had been tricked or abused into a “confession” ? No…

This third alibi was undercut by Amanda Knox when she took the stand and testified. She stated that she was with Sollecito at his place all night.

It was also contradicted by the forensic evidence presented by the prosecution: the four separate pieces of forensic evidence that placed him in the cottage on Via Della Pergola on the night of the murder.

This third alibi was also undermined by the telephone records and by the data taken from his computer.

Sollecito claimed that he had spoken to his father at 11 pm. The phone records showed that to the contrary, there was no telephone conversation at this time, though Sollecito’s father had called him a couple of hours earlier, at 8.40 pm.

Sollecito claimed that he was surfing the internet from 11 pm to 1 am. Marco Trotta, a police computer expert, testified that the last human interaction on Sollecito’s computer that evening was at 9.10 pm and the next human activity on Sollecito’s computer was at 5.32 am.

Sollecito said that he downloaded and watched the film Amelie during the night. However, Mr Trotta said that the film had been watched at around 6.30 pm, and it was earlier testified that Meredith returned to the cottage she shared with Amanda Knox at about 9 pm.

Sollecito claimed that he had slept in until 10 am the next day. There was expert prosecution testimony that his mobile phone was actually turned on at 6.02 am. The Italian Supreme Court remarked that his night must have been “sleepless” to say the least.

This alibi was undermined by the eyewitness Antonio Curatolo, the watcher in the park above the house, who testified that he saw Sollecito there.

From 2007 to 2011 Solleceto was rather notorious for NOT reaching out to Amanda Knox during trial and appeal and for NOT fully supporting her alibi. He has never retracted the statement that she was absent from his house from 9:00 pm to 1:00 am on the night Meredith was murdered.

This may be giving the Knox-Mellases some grins. They despise Sollecito, and they know full well of his treachery toward Amanda during trial when his own lawyer Bongiorno repeatedly blamed Knox (scroll down). They are presumably appalled at his loose lips and dishonest book which mess with her own prospects. . 

the book’s title is a living lie. There is nothing honorable about him. And he is acting treacherously and cowardly toward his own country.

Thursday, August 16, 2012

An Overview From Italy Of The Galati-Costagliola Appeal To The Supreme Court Of Cassation

Posted by Machiavelli

1. About Dr Galati

Dr Giovanni Galati is the Procurator General of Perugia, and one of the two magistrates at the highest function currently working in the Region of Umbria.

Until early 2011 he worked in Rome as a Procurator General at the Supreme Court of Cassation in Rome. His life and career had nothing to do with Perugia. A native of Calabria, he spent the last and most important part of his career in Rome, and moved to Perugia only quite recently.

Working as a deputy chief prosecutor at the Supreme Court of Cassation, he developed an expertise as a “cassationist” magistrate. That means specialized in legitimacy issues, and in this role he handled several high profile cases. Among them was the recent one of Salvatore Cuffaro, the former governor of Sicily, now in jail.

Cuffaro was convicted for having favored the mafia and was sentenced to seven years. The governor was found guilty by the appeal court, but Galati impugned the sentencing by the Supreme Court on one specific aspect: while he agreed Cuffaro was guilty, he considered there was only evidence of common crime, while the lower courts failed to provide the legal requirements for proof of the aggravating circumstance of the mafia-related kind of crime.

In Galati’s opinion, Cuffaro was still corrupt and a criminal, and the difference may seem like a minor detail. His conclusion was not to overturn the verdict, but only to reduce the aggravating circumstance and shorten the prison term. Galati made the point and won, the Supreme Court cut one and a half year off Cuffaro’s prison term.

One thing to note is that the majority of Galati’s recourses are appeals in favor of the defendant. The Prosecution General, the office that brings cases to the Supreme Court, deals with procedure and legitimacy issues. Its aim is to ensure consistency and quality of work of the criminal courts.

It does not deal directly with the merit of evidence, but in fact, since the assessment of the evidence is a matter of internal logical consistency and consistency with trial actions, as well as respecting of procedure and of Supreme Court jurisprudence, the scrutiny of the lower court’s process obviously indirectly involves an assessment of the quality of evidence, and on the quality of the lower court’s reasoning on all factual points.

Giancarlo Costagliola was of course the lead prosecutor for the Hellmann-Zanetti appeal.


2. About the appeal

The Galati-Costigliola appeal is a 112-page document, with citations in an appendix to each chapter remanding to trial documents (technically the cited documents have to be considered included in the submission). The Supreme Court of Cassation however will have the entitlement of going through the whole trial documentation.

The Galati-Costagliola Appeal to the Supreme Court immediately looks different in quality and content from the previous court documents that we have seen up to now on the case. As we read it in Italian, it looks well written (except for a few grammar mistakes in the Latin parts) and stylistically homogeneous.

It dedicates extensive parts to the philosophy of law, and it includes several quotes of Supreme Court jurisprudence in the introductory and conclusive chapters.

It is an unusual appeal. Contrary to most appeals submitted by Galati as Procurator General, this one does not raise objections simply on parts of the sentencing, conclusions, or points of reasoning. Instead it attacks the verdict in its entirety. It attacks indeed all logical points and conclusions, including the part about calunnia, for which Knox was found guilty. And it goes even beyond.

Besides disputing the single points on the merit, it contains an explicit and more general attack on the whole appeal court’s approach to the case, against the general quality of their reasoning and their handling of trial and procedure, as well as against even their behavior even before the beginning of the trial discussion. There is an introductory part, and one conclusion part, which are dedicated to this kind of general criticism toward the entirety of the judges’ work.

At the beginning the document presents the summary of the ten reasons for appeal which, in Galati-Costagliola’s opinion, fatally affect the legitimacy of the judgment.

The ten questions of merit are the following:

1.  The illegitimacy of Hellmann’s admission of new expert witnesses (Vecchiotti and Conti). The appointing of new experts violates the code. Galati-Costagliola clearly explains why, using both Supreme Court jurisprudence and Criminal Procedure Code. It addresses and shows the multiple instances of lack of reasoning in Hellmann’s explanations on the point, the “contradictory nature of reasoning” and its “manifest illogicality” in light of the law.


2.  The failure to acquire elements of evidence. Galati-Costagliola focuses specifically on the rejection of witness testimonies, above all 1) the refusal to again hear the witness Aviello, and 2) the refusal of new tests on the knife. These decisions were taken in violation of Articles 190, 238 paragraph 5 and 495 paragraph 2 of the Criminal Procedure Code, and in violation of Article 606 (c) and (d) of the Criminal Procedure Code. There is manifest illogicality of the judgment on the point.


3.  The establishing of the unreliability of the witness Quintavalle. The method declared to assess reliability of the witness violates the jurisprudence of the Supreme Court on the topic, and the insufficient reasoning violates Article 606(b) and (e) of the Criminal Procedure Code.


4.  The establishing of the unreliability of the witness Curatolo. The reasons expressed are illogical, prejudicial, and violate the Criminal Procedure Code.


5.  The claimed timing of the death of Meredith Kercher demonstrates a manifest illogicality in the reasoning, contains an unfounded assessment, and is manifestly in contrast with other court documentation of the case. The internal and external inconsistencies of Hellmann’s statements on the topic constitute a violation of the Criminal Procedure Code.


6.  The genetic investigations: coverage of this topic in Hellmann’s sentencing report demonstrates deficiency in the reasoning, and inconsistency and illogicality [Article 606(e) Criminal Procedure Code]


7.  The analysis of the prints and traces (stains) demonstrates deficiency in the reasoning, and a contradictory nature and illogicality in the reasoning [Article 606(e) Criminal Procedure Code]


8.  The presence of Knox and Sollecito at Via della Pergola on the night of the murder: misrepresentation of the evidence presented is demonstrated and illogicality of the reasoning [Article 606 paragraph 1(e) Criminal Procedure Code]. Violation of procedural rules and illogicality of the reasoning [Article 606 paragraph 1(b) and (e) Criminal Procedure Code] are demonstrated.


9.  The staging of the break-in (simulation of a crime): demonstration of deficiency in the reasoning and manifest illogicality of the same [Article 606(e) Criminal Procedure Code]


10. The exclusion of aggravation in the calunnia offence: the contradictory nature or manifest illogicality of the reasoning is demonstrated, also defects resulting from internal and external inconsistence with the court documents of the case: starting with the declarations by Patrick Diya Lumumba, and those by the accused, Amanda Knox, and the contents of the conversation between the latter and her mother on 10 November 2007 [Article 606(e) last part, Criminal Procedure Code].

However, the ten reasons listed above are not all of Galati-Costagliola’s arguments. Their explanations cover the core (80%) of the Hellmann-Zanetti sentencing document. But even before entering into these reasons on the merit, Galati-Costagliola make a preliminary point, a “premise” to the whole document.

The “premise” takes twenty pages and this alone is telling about the gravity of the criticism Dr Galati is going to make throughout the whole appeal document.  The premise warns the readers (the judges of the Supreme Court) that in fact there is a problem of quality pervading the whole of Hellmann’s and Zanetti’s work which affects deeply their reasoning and conclusions on multiple occasion and in multiple concurring ways.

He makes clear that his criticism of Hellmann is methodological, and he points to the trial as a whole from the roots, far beyond the single topic of errors exposed in the appeal.

The “premise” of preliminary points, a short essay in itself, has its own summary of six points, each one to explain a typology of recurrent error committed by Hellmann and Zanetti. In the premise Galati explains four of the types of error, while the last two are discussed in the further chapters together with some of the points on the merit.

These are the six types of error:

1.  One error “of method” affecting the logical process is the “petitio principii”, which Galati-Costagliola addresses as a recurrent, structural and pervasive method of reasoning used by Hellmann-Zanetti.

It is “begging the question”, a kind of empty circular reasoning. This is demonstrated in several chapters and points. For Hellmann-Zanetti’s reasoning, Galati-Costagliola reserve the names “paradoxical”, “disconcerting”, “useless”, “circular”, and worse in this same tone.


2.  The failure to apply the inferential-inductive method to assess circumstantial evidence. This is a key point based on jurisprudence and is in fact a devastating general argument against Hellmann-Zanetti:

The appeal to Cassation’s jurisprudence on the circumstantial case originates from the fact that the Assize Appeal Court did not deploy a unified appreciation of the circumstantial evidence and did not examine the various circumstantial items in a global and unified way.

With its judgment it has, instead, fragmented the circumstantial evidence; it has weighed each item in isolation with an erroneous logico-judicial method of proceeding, with the aim of criticizing the individual qualitative status of each of them ..

Dr Galati accuses the appeal court of focusing on the quality of some pieces of circumstantial evidence, instead of their correlation to each other as the Supreme Court always requires. .

The appeal judges, in actual fact, deny that the probative reasoning and the decisive and cognitive proceeding of the court is to be found in the circumstantial evidence paradigm of the hypothetico-probabilistic kind, in which the maxims of experience, statistical probability and logical probability have a significant weight.

The court must reach a decision by means of the “inductive-inferential” method: it proceeds, by inference, from individual and certain items of data, through a series of progressive causalities, to further and fuller information, so arriving at a unification of them in the context of [13] the reconstructed hypothesis of the fact.

This means that the data, informed and justified by the conclusions, are not contained in their entirety in the premises of the reasoning, as would have happened if the reasoning were of the deductive type “¦ (..) A single element, therefore, concerning a segment of the facts, has a meaning that is not necessarily unambiguous.

Dr Galati cites and explains further:

The Perugia Court of Appeal has opted, instead, precisely for the parceled-out evaluation of individual probative elements, as if each [14] one of them must have an absolutely unambiguous meaning, and as if the reasoning to be followed were of the deductive type.

This error emerges from the text of the judgment itself, but the gravity of the error committed by the Court in its decision derives from the fact that even the individual elements had been acquired by the cognitive-decisioning process in a totally partial manner, isolating the sole aspect that allowed the recognizing of doubts and uncertainties in the element itself..

So Galati-Costagliola concludes ““ and this by now is obvious ““ that the Hellmann-Zanetti court followed a “deductive only” paradigm on pieces in isolation, instead of the “inferential-inductive” paradigm prescribed by Supreme Court requirements (1995).

Moreover, Hellmann-Zanetti applied a deductive paradigm of assessment only to some cherry picked aspects of the single isolated pieces of evidence, overlooking other qualities of the single piece (an example ““ my own ““ is the possible “contamination” of the bra clasp found on the floor in the murder room.) Ordering an assessment of the quality of any element as if it was a proof in isolation from the rest of the evidence is itself unlawful.

But Hellmann”“Zanetti also picked out of the evidence one aspect alone, for example it points to the theoretical possibility of contamination by touching from gloves, but does not consider the negative check results from the possible contamination sources. The interpretation of X-DNA from the bra-clasp by Vecchiotti in the conclusion is worded as if to ignore the results on the Y-haplotype, and so on.

So even single aspects/qualities of isolated items are further isolated from other aspects by Hellmann-Zanetti, and are assessed without looking for a relationship to the context. This is a core violation of the basics of jurisprudence in cases based on circumstantial evidence.


3.  Refusal to acquire documentation as evidence: the definitive Guede verdict. Hellmann-Zanetti refused to acquire the documentation and to consider it a piece of evidence, without any backing from procedure jurisprudence and without providing any justification.

By doing this the Hellmann court was again violating the legal boundaries. The Galati-Costagliola appeal considers this as one more type of violation, the refusal to attribute any kind of probative value to the definitive verdict on Guede, thus violating Article 238 of the Criminal Procedure Core, and bringing up a manifestly illegitimate justification. The violation is quite egregious under the code.


4.  Failure to assess and to weight key elements, among which is Knox’s written “memoir”. This is a severe violation of article 237 of the Criminal Procedure Code.

The usability of Knox’s “memoir” as well as its probative value were already established by the Supreme Court itself, and it was admitted into the process. Hellmann-Zanetti fail to provide the slightest logical explanation for changing the established assessment and disregarding that evidence.


5.  The failure to acquire possibly important pieces of evidence. Galati-Costagliola are focused mainly on two points: 1) the knife, and the refusal of having it further tested for DNA; 2) the refusal to hear Aviello after his retraction of his claims.

We know that, while the testimony of Aviello might be just not credible because of his proven unreliability, and while some may argue that thus his testimony was not “decisive”, the testing of DNA found on the knife would be a piece of evidence for sure.

But the Procurator General points out that the refusal to hear Aviello is part of a severe violation, because the Hellmann motivazioni accepts his retraction statement, considering it thus reliable, but throws out some parts of it and refuses to hear him as a witness.

So the Galati-Costagliola appeal statement includes quotes of some shocking lines from Aviello’s interrogation, to show the heavy nature of it that cannot be thrown out without assessment

A twisting of words - like “cutting-edge” which becomes “experimental” in Hellmann’s reasoning - is the illogical justification for Hellmann-Zanetti forbidding a further DNA test. The motivation is obviously bogus, and Galati backs the point with quotes from Novelli’s tehnical explanation.


6.  Galati-Costagliola address a pervasive violation, claiming it recurs multiple times in the document: a violation of a kind called “misrepresentation of the evidence”.

This is when the judge omits aspects of the pieces of evidence that would contradict their conclusion, expressing an obvious cognitive bias. The appeal describes this violation in different chapters (5,6,8) as occurring in the process of assessing different pieces of evidence, including witness reports, wiretappings, and other items.

3. My own assessment of the Galati appeal

As you can guess from the summary above, the appeal is rather strong, and explains many heavy implications in Italian jurisprudence so that it would be difficult for the Supreme Court to reject it. 

Difficult not only because the kind of objections raised by Galati-Costagliola are devastating to Hellmann’s legitimacy (in fact it’s even more, they tend to form a picture of manipulation of the trial); and not only because Hellmann’s verdict appears to be devastating to jurisprudence generally, so much so that it would become impossible to rule on guilt in many other cases; and not only because a verdict that puts together the conviction for calunnia (a felony crime with malice) and the acquittal for murder, has a contradiction on a macro-level.

But also diificult because the same office of Cassation has already issued another definitive verdict, on the Rudy Guede case. They acknowledged that Guede did not act alone, and the Supreme Court themselves even obtained independently some elements of evidence of this, which had not been considered by the previous judges.

Accepting Hellmann-Zanetti and rejecting Galati would equate to cancel Guede’s verdict. It would require a re-write of the entire process from scratch.

Galati-Costagliola shed light on many points in good order, so I tend to be optimistic and confident in the strength of the appeal.

However I also believe there could have been something more, to make it even more strong. There are a few points ““ in my opinion - still missing, which I would have added. Four points that I miss are the following:

1.  There is no mention about the analysis ““ or the lack thereof - of Knox’s lies, aka the inconsistencies in her story, her “mop-shower” alibi version, what she told prior to her false accusation. There was a partial analysis of this area of evidence in Massei, who only mentioned her lying about her behavior before Meredith’s closed door.

But a lot more could have been brought out, so many contradictions and so sharp, to demonstrate that her recollection was entirely fictional. The entire topic disappeared in Hellmann’s logic and Galati-Costagliola does not hit on the point. I think this obliteration of key evidence should have been a battlefield for the appeal, I think it could have been linked to the error of misrepresentation of the evidence.


2.  Galati-Costagliola misses one point of criticism on the bathmat footprint assessment. It does make a point objecting to the manifest illogicality of Hellmann’s reasoning on the footprint analysis. But there is one point more where it could hit, one external inconsistency that could have been highlighted:

Hellmann-Zanetti’s illogical reasoning on the footprint is based on a false assumption. Not only it has no basis in the acts of evidence but it is proven false. It is that Hellmann excludes Sollecito on the basis that the print was “inked” by stepping on a flat surface (proven false), and attributes it to Guede, on the opposite assumption that it was produced by immersion. I note that Galati does not address directly this introduction of false premises.


3.  The appeal deals only partly with the Vecchiotti-Conti report controversy. It points to Hellmann’s contradiction on “contamination” of the knife and their failure to indicate any path for any contamination in general. But it does not say much about the bra clasp (it implies however that Sollecito’s DNA was found).

Vecchiotti’s report is unacceptable when it comes to the DNA chart: it acknowledges that Sollecito’s DNA was on the clasp after all when it comes to the Y-haplotype, but in the autosome-chromosome analysis attempts to create confusion by applying principles that are incompatible with Supreme Court guidelines on evidence analysis. Also Vecchiotti desecends into inconsistency and shows her real cards when she attempts to figure out contamination paths for how Sollecito’s DNA had arrived on the clasp.

However, I think the SCC might have all the material on this point in the attachment documents from Galati.


4.  One missing point important to me is that Galati-Costagliola does not point out the prejudicial and racist stance declared at the beginning and at the core of Hellmann’s reasoning.

Other parts are maybe more outrageous and more directly offensive to other people and other intelligences, but the racist Hellmann’s reason to me is the most disgusting.

It is a shame that a judge of the Republic is allowed to write things like this. Hellmann-Zanetti write that it is itself “unlikely” ““ it would require a very special proof ““ that Guede and Knox/Sollecito could have just met and done something together because they are “different”, while Sollecito and Knox are “good fellows”

Hellmann-Zanetti could have legitimately used the argument that it was likely for Guede to have committed a crime alone because he had a police record. They could have used this argument, but they did not use it. Their wording was totally different. I think we can guess what the reason is why they didn’t use this argument. It would have been extremely weak.

There is a logical connection between a theoretical break in and the theft in the law firm; this logical connection is equal to (in fact much weaker than) the logical connection between a staged break in and a roommate. But there is no logical connection between crimes like a theft of a laptop in an apartment and assaulting, torturing and killing a woman: thousands, in fact hundreds of thousands, of common thieves, in Italy, do not rape and do not kill anyone.

You cannot use the criminal record of Rudy Guede as a basis for claiming it is “likely” that he could commit a crime of this kind alone. That’s why Hellmann-Zanetti didn’t use it.

Instead, they used prejudice, the racist card: instead of trying to explain why it was likely that Rudy could have done it alone, they decided to claim that it was unlikely that they would find themselves together, because they are “good fellows” (and “different”).

As you can understand, this has nothing to do with Rudy’s criminal record.

By the way, Hellmann-Zanetti know that Knox had been knowing Guede long before she became friends with Sollecito, they already knew that Knox and Guede have been seen together on more than one occasion in more than one place, and even that Guede in fact attended the cottage and was friends with other people in the cottage. In fact they knew Guede and Knox used to attend the same places, house, roads and pubs.

They also knew that both Sollecito and Guede attended Piazza Grimana and the drug circle (which is the square in front of the school where Amanda had her language classes), that they lived 150 meters from each other, walked every day the same road; and ate at the same bars.

It was also known that not only Guede alone, but both Knox and Sollecito had questionable aspects in their personalities, so that these 20-years olds were not exactly expressing a profound stability in their lives.

They knew details like: leaving university, abandoning a job after one day, public disturbance fines, drunk parties, pouring beer glasses on the heads of unknowns, flirting with clients, relational problems with roommates and other girls, bringing several men at home causing arguments with roommates, collecting violent porn, heavy drug abuse over the years, knife collecting, a possible suicide mother, a lonely childhood and introverted character under the attention of a college director, memory voids.

Nobody is perfect. These details do not mean someone is guilty of anything. But what exactly is, in Hellmann-Zanetti’s mind, the “difference” of these personalities that makes these two be so obviously “good fellows”, as opposed to Guede, to the point that it is “extremely unlikely” that they can be found together, despite the fact that they attend the same places every day?

Who can tell me what is the possible reason of this difference?

Maybe there could be a relation with the fact that in Italian “good fellows” ““ “bravi ragazzi” means, in the subtext ” my family” as opposed to the other who is an outsider.

To my eyes this reasoning of Hellmann-Zanetti turns them into individuals who deserves no respect, they gain with this the most justified contempt, they should be treated like pigs: they practically wrote “they can’t be around together with Guede because they are our friends” while “he is out”.

Two bastards dirtying my country by wearing the robes of judges. I find this disgusting. It is unfortunate that Galati-Costagliola overlook this point.

4. The Galati appeal: my final thoughts

It is not possible to understand in depth the 10 points of merit from my short summary, which in fact is just a list. By reading them, I think they show their inner logical strength. I found only one weakness, that is in one of the sub-sections of point 5, where Galati-Costagliola discuss about Guede’s skype call.

I feel it’s remarkable that I couldn’t find any other questionable point (I am rather severe).

Reason 8 appears made of several points each with a different topic. They didn’t seem especially important to me as pieces of evidence, however they exist and are part of Galati-Costagliola criticism of Hellmann’s reasoning.

Reason 9 is effective but I would have used much more extensively the elements of evidence available and place them in line before the judge’s faces. Galati-Costagliola prefer to direct their objection to the inconsistence of Hellmann-Zanetti.

The part where Galati sounds more outraged is Reason 10, about the Calunnia. In this part in fact Hellmann sounds most “FoA” and offensive. In fact I think I have never read before a Cassation recourse so scathing as the Galati-Costagliola document seems to be on the Hellmann’s report.

Reading through the whole Galati document in Italian, you come upon expressions addressing the lower court’s work (repeatedly) with terms like “grave error” and “grave behavior”, you find also “disconcerting shallowness”, or the accusation of “ignoring the law”.

In the C&V report section Galati-Costagliola have some sarcastic lines such as: “how is it now they suddenly have become experts?”. In other parts you read the word “prejudice” or “obvious bias”, some of the parts of the Hellmann-Zanetti report are called “offensive” and “gratuitous”, and you also encounter the term “insinuation”.

Galati-Costagliola devolve significant attention to their method error in logic called “petitio principii”.  Now, in the traditional scholarly logic, there is a list of thirteen kind of typical “logical errors” divided in three groups: the errors of the kind “fallacia in voce” (due to misusing words in their meaning concepts) , “fallacia in re” (about getting facts wrong in the direct logical use of them) and “fallacia in deductione” (error in inference process): there are four types of “fallacia in re” and five types of “fallacia in deductione”.

The “petitio principii” (implicit circular reasoning) is one of the five types of “fallacia in deductione”.  Galati-Costagliola focus on this and on another case of “fallacia in re” called “corax”, but in fact in Hellmann-Zanetti there are also severe cases of logical errors of other kinds of “fallacia in deductione” and of the kinds of “fallacia in re”. Which may not matter too much.

This was my final thought.  I hope this can help readers to gain a rough idea of what the Galati-Costagliola Appeal to the Supreme Court looks like, its structure, its kind of arguments, and assess its qualities.

If the Supreme Court of Cassation accepts the appeal, I would consider the battle for justice in this case as won. I know that the Kerchers may need to see the end of the whole process. But to me, the fact of having the Galati-Costagliola appeal means itself half victory achieved.

This document, as you know, was issued by the highest magistrate in Umbria and what will remain in history is the forcible assertion that Knox and Sollecito are murderers beyond any doubt as expressed by Dr Galati in this document and elsewhere, as well as his outrage for the disgusting Hellmann-Zanetti trash-verdict.

This stance will never go away.

Friday, May 04, 2012

A Mischievous Defense-Inspired Global Hoax - To Deflect From Some Bad News?

Posted by Our Main Posters

[Left, editor Chris Blackhurst of the Independent, right, editor Tony Gallagher of the Daily Telegraph]


1. Examine first some key happenings at the Knox/Sollecito trial

Throughout the trial which began back in January 2009 the defense teams often seemed down or depressed or distracted or floundering.

Reports surfaced in Italy that one or two of them might even have considered walking. Knox defense counsel Luciano Ghirga was reported as nodding off or distracted. Sollecito defense counsel Giulia Bongiorno was photographed seemingly showing some exasperation with Sollecito and at zero notice she missed several days in court.

Amanda Knox’s testimony over two days on the stand in June 2009 was widely seen in Italy as a disaster. From then on many in the court and throughout Italy believed this seemingly callous, evasive, forgetful girl had to have had a role in Meredith’s death.

Having failed to attend to observe any of the key forensic tests at the Scientific Police labs in Rome, the defenses were able to introduce some forensic witnesses who testified that there might, possibly, somehow, be contamination in the collection and tests which they chose not to witness, but they never came close to showing how.

By the summations in November 2009 both defenses seemed to be seriously floundering. 


2. Fast forward to Friday 20 November 2009

What happened on 20 November might well have made it the defenses’ very worst day.

On that day during their summation the prosecution BEHIND CLOSED DOORS devoted an entire day to reconstructing how Meredith died and the events in the few hours before and since.

The presentation was closed because Judge Massei had ruled in favor of Meredith’s family to close the court to the media when any upsetting material was being presented. For example the results of the autopsy had been presented in closed court.

This resulted in the Massei judges and jury receiving a much more disturbing picture than the Italian public and especially the foreign publics ever did.

The Italian media pieced together what had been presented behind the closed doors on 20 November and Il Messagero and several other Italian newspapers published it several days later. You can read a combined summary in this post here.

To our knowledge none of that summary of events ever appeared in the US or UK media, so the full impact of the reconstruction felt by the jury and to a lesser extent by the Italian public was never felt at all by the US or UK publics.

This excerpt is from that post:

We have left out the depiction of the final struggle with Meredith, which is extremely sad and disturbing. In the evidence phase this was testified-to behind closed doors at her family’s request and we have never posted anything from those sessions….

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 Depiction in the timeline and computer simulation of a horrific struggle with Meredith

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.

That simulation video was a second-by-second depiction of what the crime-scene specialists from the Scientific Police in Rome had concluded, from the position of Meredith’s body in the room, evidence traces and the placing of various objects, and the many wounds described in the autopsy.

It was extremely difficult and laborious to get just right, and every tiny movement of the four that it depicts in three-dimensional space had to be able to stand up unchallenged - as they did.

The fight with Meredith took a horrific fifteen minutes. It only ended when she was lying bleeding on the floor, her hands grasping her neck. She was locked in her room to die, with her keys and phones removed to make sure she could not save her own life.

This was not a minute or two of hazing and a slipped knife. The evident intention was to see her dead - and in the reconstruction it required THREE ATTACKERS to explain all the evidence points.

The prosecution never entered the video into evidence so it could not be leaked to the public (the Sollecito family already stood accused of leaking one video)  but the effect on the jury seems to have been profound and the defenses could do nothing to blunt it.

The lone wolf theory was well and truly dead in that courtroom and a perception of three attackers was well and truly alive. The defenses did what they could in their summations but they were unable to shake the perception of a depraved three-against-one attack.

A few days later a verdict was announced. By a UNANIMOUS verdict Sollecito and Knox were found guilty.


3. Fast forward to the first-level appeal before Judge Hellman in 20011

Judge Sergio Matteini Chiari, the most senior judge in the criminal division, was appointed to preside over the appeal.

He was very experienced at presiding over murder trials and appeals. What happened next surprised many among the judges and prosecutors and Italian reporters and the Italian public generally. From the Italian Wikipedia:

Although the Assize Court of Appeal was to be chaired by Dr. Sergio Matteini Chiari, Chairman of the Criminal Division of the Court of Appeal in Perugia, in circumstances not well understood Dr. Claudio Pratillo Hellmann, who chairs the Labor Chamber of the Court, has been called on to preside over the appeal court,

The judge to the side of the main judge, Dr. Massimo Zanetti, came from the Civil Section, and both had had limited experience with criminal trials both rather remote in time (only the cases of Spoleto and Orvieto).

Judge Hellman readily consented to the defense requests. First to re-examine several witnesses previously heard on the stand during trial (primarily Mr Curatolo) and two new ones (Alessi and Aviello) intended to show that Guede or Aviello’s missing brother could have attacked Meredith with unknown others.

And second to appoint two independent experts who would re-examine the DNA on the large knife found in Sollecito’s apartment and the DNA for which traces were collected in Meredith’s room and the methods used for processing them.

The examination of the witnesses seemed to end indecisively, but the vague suggestions of the independent consultants that there COULD have been DNA contamination - never proven - was accepted readily by Judge Hellman.

The reconstruction and the showing of the simulation which the trial jury sat through in later 2009 was not repeated by the prosecution at the first appeal in late 2011. Judge Hellman showed no inclination to sit through the full depiction of the day or the horrific 15-minute attack on Meredith.

So the explanation of all the evidence points in the room and on Meredith’s body was never solidly brought home solidly to Judge Hellman or his jury. In his verdict he overturned the outcome of the first trial, provisionally pending any Supreme Court ratification, and he handed Amanda Knox a three-year sentence for framing Patrick Lumumba.

Having refused to see the reconstruction, he could very torturously argue that the attack on Meredith could have been carried out by a single person. If he and his jury had actually watched the video, they could never have argued that.


4. Fast-forward to the grounds of Dr Galati’s appeal to the Supreme Court

The Umbria Chief Prosecutor’s grounds for appeal were spelt out by him at a new conference in Perugia on Monday 13 February 2012. The PMF translation team will soon have the full document ready in English.

The summary of the grounds for appeal below is translated from the Umbria24 report and to our knowledge NO English-language website except this one and PMF has ever reported what are the full grounds.

Meredith case: the prosecution appeals to Cassation: the acquittal verdict should be “nullified”.

For the Chief Magistrates of the [Umbria] Prosecution, “it was almost exclusively the defence arguments which were taken heed of”

By Francesca Marruco

The first-level conviction verdict was “complete and thorough” while the verdict of the second-level is “contradictory and illogical”.  For this reason, the General Prosecution of Perugia asks the Cassation to revoke or invalidate it.

“We are still extremely convinced that Amanda and Raffaele are co-perpetrators of the murder of Meredith Kercher” said the Chief Prosecutor of Perugia, Giovanni Galati and the Deputy Chief Prosecutor, Giancarlo Costagliola.

Verdict that should be revoked “The second-level verdict should be annulled/revoked….  There are precise reasons for revoking it”, Mr Galati went on to say. In the Hellman reasoning report on the verdict with which the second-level judges acquitted the ex-boyfriend and girlfriend “there are so many errors, and many omissions. There is inconsistency in the grounds for judgement, which brings us to nothing.”

“It is as if they had ruled ex novo [anew] on Meredith’s murder” added the Deputy Prosecutor, Giancarlo Costagliola, “basing their decision solely on the arguments of the defence.”

“Normally the appeal judge evaluates the reasoning procedure of the first-instance judge and compares it to new elements. But this one missed that out altogether: there is no comparison between the checks carried out in the first and second instances. Only what was carried out during the appeal was evaluated.”

Only defence arguments were taken heed of For the magistrates, in fact, the second-level judges “took heed, almost exclusively, of the arguments of the defence consultants or the reconstruction hypotheses that were largely to the benefit of the defense theses”.

The prosecutors who authored the appeal [to Cassation] also criticized the “method used”. “The first-instance verdict”, they wrote, “was summarized in just a few lines”,

“The verdict [which we] challenge completely ignored all the other aspects which corresponded with the accusation’s hypothesis, all the aspects which, on the contrary - as was seen in the reasoning report of the first-instance verdict - had been rigorously pointed out and considered by the Assizes Court [trial court] in its decision.”

“In examining the individual [items of] evidence, the challenged sentence has fallen into consistent procedural error in the weaknesses and evident illogicality of the grounds for its decision.”

Prejudice For the General Prosecution magistrates, the second-level [first appeal] judges appear to have shown “a sort of prejudice” with the “infelicitous preamble of the judge [the author], who is supposed to be impartial”, when he declared that “nothing is certain except the death of Meredith Kercher”, which to the others [Mr Galati and Mr Costagliola] is nothing more than “a resounding preview/forecast of the judgement” and a “disconcerting” affirmation.
 
The ten points The reasons for the appeal to Cassation which Perugia’s General Prosecution presented today against the acquittal verdict of Amanda and Raffaele are based on ten points of the second-level verdict.

The first is the lack of grounds for the decision, in the decree of 18 December 2010, to allow the forensic testimony/expert witness in the appeal judgement.

The second, in contrast, concerns a contrary decision: the decision to not allow a new forensic investigation requested by the prosecution at the end of the ruling discussion. In the appeal to Cassation it is written that the Appeal Court’s rejection reveals “contradictoriness/contrariness and demonstrates manifest illogicality in the grounds for the judgement/reasoning report”.

The other points deal with the decision by the Appeal court of Assizes of Perugia to not hear the witness Aviello, also the definition of “unreliable” [in the Hellman Report] with reference to the witnesses Roberto Quintavalle and Antonio Curatolo, also the time of death of Meredith Kercher, also on the genetic investigations.

As well as the analyses of the prints and other traces, also the presence of Amanda and Sollecito in via della Pergola, also the simulation of a crime [the staged break-in], and also the exclusion of the aggravating circumstance of the crime of “calumny”.

Missing assumption/acceptance of decisive evidence In the appeal to Cassation there is also mention of the “missing assumption/acceptance of a decisive proof”

In other words, of that proof [presented at trial court] which consisted of “the carrying out of the genetic analysis on the sample taken from the knife by the experts appointed by the Court during the appeal judgement, who did not carry out the analyses of that sample, thus violating a specific request contained in the [orders given to them] when they were assigned to the expert-witness post”

“In the second-level [Hellman] verdict”, the magistrates said, “the judges sought to refer to this in their own way, by speaking of an “experimental method” by which these tests/checks could be carried out.

But this is not the case”, said Deputy Chief Prosecutor Giancarlo Costagliola: “Dr Novelli [the prosecution’s DNA consultant at appeal] spoke of cutting-edge technology, not of experimental methods”.

So Dr Galati, himself formerly a deputy chief prosecutor at the Supreme Court who for years handled nothing but Supreme Court cases and knows what constitutes a sound appeal argument, argued that Judge Hellman had made ten serious mistakes. (Aviello claimed in court that he had been bribed; instead of investigating, Judge Hellman very quickly move on.)

But even worse, that Judge Hellman had illegally vastly expanded the scope of the appeal. And he had illegally appointed the independent DNA experts.

Because of Hellman’s alleged sloppiness and overreach, the defenses now stood to lose EVERYTHING they thought they had gained - and had been so noisily jubilant about, especially to the media in the US. An arrogance not taken kindly to in Italy at all.


5. Fast forward to English language press reports of the past few days.

Nick Squires may have been the first to carry the report quoting unnamed sources in the Daily Telegraph.

Two prosecutors in Perugia, where Miss Kercher was murdered, face accusations of wasting 182,000 euros (£150,000) of public money by commissioning a controversial 3D video which purported to show how the murder unfolded.

The contentious video, which defence lawyers said was based on circumstantial evidence, showed Miss Kercher being held down and stabbed to death by Miss Knox and her two co-accused.

The Leeds University student and her alleged murderers were represented in the 20 minute film by animated ‘avatars’. It was played on a big screen to the judge and jury in the original trial in 2009.

The National Audit Office is now investigating the prosecutors, Giuliano Mignini and his deputy, Manuela Comodi, on whether the video was a necessary part of their case.

If found culpable they could have to pay the money back to the prosecutors’ office.

Really? Accusations? Wasting? Controversial? Purported? Contentious? Now investigating?

Note that Nick Squires didnt name his sources. He didnt explain why he claimed the video simulation was controversial. (It wasn’t at all controversial at trial in 2009.) He didnt seem to know who had made the accusations or how or when they had been made or to who. 

He failed to mention that the video was played behind closed doors, and that the defenses had no comeback to it. He said it depicted Knox, though in fact it deliberately didn’t. He didn’t explain that the depiction of the fight lasted 15 minutes. He didn’t explain that the depiction of three attackers was overwhelmingly convincing to Judge Massei and his jury.

Nick Squires’s report was nevertheless comparatively brief and restrained in contrast to that of Michael Day which came next. His very much embroidered version was published in the UK Independent.  The accusatory tone and serious charges in Nick Squires’s and Michael Day’s reports were then picked up without checking by a large number of American and European media outlets.

See the reports here and here and here and here and here and here and here .

Note that not one of these reports was checked out in Italy, and that all these reports slam Mr Mignini (yet again) and indicate that this was an OFFICIAL accusation of “wasting public funds”.  Many US reports wrongly state that the British audit office is investigating.

Michael Day claimed that “Agostino Chiappiniello has said he suspects the two of inappropriately spending €182,000 (£148,000) on a crude and cartoonish 20-minute video,” 

Really? Agostino Chiappiniello, did you tell Michael Day precisely that?

Michael Day then states that “In both trials [Mr Mignini’s ] interventions were notable for the outlandish motivations and personality traits he attributed to the defendants. He promoted the idea that the murder was the result of a sex-game that got out of control, despite having little or no evidence to support the theory.”

Really? Actually Guede and Knox and Sollecito were all CONVICTED of a sex crime at trial, because to their judges and juries that is what the evidence inescapably pointed to.

And Michael Day concludes with yet another misleading statement (see above on Dr Galati’s appeal for the correct facts which he seriously garbles here.):

Judges at the Cassation court may only overturn the first-appeal verdict on technical grounds. Thus, no new evidence may be introduced and the prosecution’s room for manoeuvre is limited. The pair could not be retried for the same crimes.

Really? But nobody is talking about the pair being retried for the same crimes. This does not arise. Under Italian law they STILL stand accused of the same crimes as they were before trial back in 2009 until the Supreme Court signs off on their case.


6. Fast-forward to the ITALIAN reports of the past two days

Translation by our main poster Jools from an Umbria24 report, posted on Wednesday, which tells a very different story. 

[There was several months ago]”¦ a complaint from “a group of private citizens” who did not sign their names and surnames about an alleged misuse of public money….

No comment from the two prosecutors of Perugia, no comment on this news.

As we have learned the prosecutors have not received any legal papers regarding the investigation and they heard of the news from the press.

Who will pay? To decide if the expense was adequate for the State coffers will be the task of the prosecutor at the Court of Audits of Umbria.

Meanwhile if the Supreme Court were to overturn the judgment of the Perugia appellate court, the costs would be paid by the two accused [Knox and Sollecito].

If instead the Supreme Court were to confirm the acquittal, the bill for 182 thousand euros would be borne by the Italian State.

7. In summation

Quite a fizzle. The prosecutors are NOT quaking in their boots. They didnt even know about it.  And the full force of Italian justice does NOT have them under the microscope. 

• The anonymous complaint was filed over two months ago.  Nick Squires and Michael Day sure did not make that clear.
• If the enquiry is actually pursued (not at all certain)  then it is Amanda Knox and Raffaele Sollecito who could in fact be stuck for the costs (plus VAT) of producing the video. Nick Squires and Michael Day sure did not make that clear.
• The Corte dei Conti is not the equivalent of a criminal or civic court, it is essentially an investigating tribunal. Nick Squires and Michael Day sure did not make that clear.
• The Corte dei Conti has so far not accused anyone of anything, and it may never do so. It sure doesn’t seem to regard the matter as urgent. Nick Squires and Michael Day sure did not make that clear.
• In fact it has taken over two months to, well… not even assemble the evidence or bother to get in touch with Mr Mignini or Ms Comodi. Nick Squires and Michael Day sure did not make that clear.

On the same basis Judge Hellman could in theory be accused of incurring TWO huge cost over-runs.

• One for running his appeal court only on saturdays to suit just one defense lawyer, when the overtime costs to Italy became huge - substantially more than the cost of the video. Nick Squires and Michael Day sure did not make that clear.
• And one for (according to Dr Galati) illegally appointing the two DNA consultants - the costs of that investigation to Italy became much more than the cost of the video. Nick Squires and Michael Day sure did not make that clear.

The reconstruction video is so powerful and accurate that it could,  if it is watched by the Supreme Court in Rome or a new appeal court in Perugia, be quite devastating to the defense of the two accused. This is because it depicts the full cruelty of the attack on Meredith - and it shows that THREE people had to have attacked her.

So who filed the anonymous complaint against Mr Mignini and Ms Comodi? And who used Nick Squires and Michael Day as puppets to make a private claim look official, and make that hoax go viral?  We are sure Dr Galati will have all the answers before many days go past. Calunnia charges might apply.

Someone must REALLY fear that Sollecito and Knox will be cooked if that video reconstruction ever gets shown again. Case closed? At one stroke.


[Below: Knox and Sollecito, who could be billed over $300,000 for the reconstruction video]