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Category: Hoaxes against Italy
Tuesday, November 12, 2013
Differences Between Micheli, Massei, Hellmann and Nencini Courts Pointing To Almost Certain Outcome
Posted by Peter Quennell
What are the biggest differences? In fact the Supreme Court already pointed them out: science, scope, and balance.
Judge Micheli, Judge Massei and Judge Nencini all have a very extensive criminal-case background. All three have handled many cases of murder, many cases against the mafia, and many cases involving criminal science. All three have remarkable success records and have hardly ever been overturned on appeal.
Judge Hellmann and his court are the extreme outliers. Until forced into early retirement by the Council of Magistrates, he had been a (quite good) business judge. His one major criminal case, years ago, had led to a farcical outcome, and he was ridiculed for this at the time.
Cassation made it very clear that he simply did not reflect a knowledge of the precise Italian law on scope and balance at the appeal level, and that he mishandled the science. In fact, as he actually said, the reason he appointed two independent DNA consultants was that he was at sea on the science.
That left Judge Hellmann’s panel of judges like a rudderless ship, bereft of the kind of good guidance from the lead judge on science, scope, and balance that comes only from many years of experience.
Which, given a level playing field, the pathbreaking Italian system enforces competently like almost no other.
Above all as the Hellmann Report makes extraordinarily plain, his court came to be swayed by the CSI Effect, with the help of two tainted consultants and probably the irresponsible Greg Hampikian in Idaho.
The CSI Effect is a phenomenon very, very unlikely to happen in Judge Nencini’s court. First, take a look at this good explanation of what the CSI Effect is in the Fox Kansas City video.
Many crime shows such as the BBC mysteries and the Law & Order series and spinoffs show investigators solving their crimes in the old-fashioned way. Lots of witness interviews and alibi and database checking, and walking around and loose ends and lying awake at night puzzling. And often there’s a big stroke of luck.
But if you watch the very popular CSI Las Vegas series and its spinoffs in Miami and New York, and the various clones on other networks, you will see something very different indeed.
When those shows first began airing worldwide in the late nineties, the producers explained that audiences increasingly appreciate learning something new when watching a show, and it is true, one sure can load up on the trivia.
But you will also see the US equivalent of Dr Stefanoni and her forensic team in those shows, roaming far beyond the narrow crime scene, interrogating witnesses and checking alibis and finding a lot of non-forensic evidence, and even at times drawing guns.
Most unreal is that, time and again, the forensic evidence testing is clearcut and takes just a few minutes and instantly clinches the case.
- There are several articles like this one and this one on whether the Casey Anthony jury was affected by a shortfall in the starkness of the forensics when the behavioral evidence seemed so strong.
- There are several articles like this one and this one on whether the appeal verdict outcome in Perugia might be affected in the same way.
- There are many articles like this one and this one and this one and especially this one saying there is a tough added burden on investigators and juries without a commensurate improved outcome.
With conviction rates declining in the US and Europe, professionals are taking a scientific look at whether the CSI Effect is one big cause of that decline.
At the macro level in the US this writer doubted that the CSI Effect is fatally unbalancing takes on the wider evidence. The same conclusion was reached in this first major study at the micro level.
But the belief in the CSI Effect continues. Articles like this one on an Australian site talk of a backlash against too many acquittals. Some articles like this one argue that maybe lay juries are out of their depths.
And judges and prosecutions are taking countermeasures.
In Ohio and many other states prosecutors and judges are acting against a possible CSI Effect in their selection and briefing of juries. And an NPR report came up with these findings.
Some states now allow lawyers to strike potential jurors based on their TV habits. Judges are issuing instructions that warn juries about expecting too much scientific evidence based on what they see on TV.
In the field, Shelton says death investigators sometimes run useless tests, just to show they went the extra CSI mile.
“They will perform scientific tests and present evidence of that to the jury. Even if the results don’t show guilt or innocence either way, just to show the jury that they did it.”
This is coming at a time when death investigators in America have no resources to spare. An investigation by NPR, PBS Frontline and ProPublica shows some states have already opted not to do autopsies on suicides, others don’t autopsy people who die in traffic accidents, and many don’t autopsy people who die over the age of 60.
But Murphy, the Clark County coroner, expects things to get worse.
“You know, we’re in budget cuts right now. Everybody’s in budget cuts. Las Vegas is no different than anybody else. We’re hurting. We’re going to feel that same crunch as everybody else,” he says.
One of Zuiker’s great disappointments is that, for all its popularity, his fictional Las Vegas crime lab didn’t generate more political support to fund death investigation.
“I’ve done my job. You know, we’ve launched three shows that cater to 73.8 million people a week and is a global phenomenon and the largest television franchise in history. We hoped that the show would raise awareness and get more funding into crime labs so people felt safe in their communities. And we’re still hoping that the government will catch up.”
None of the science in Meredith’s case has ever been discredited in court. Even in Judge Hellmann’s court the agenda-driven independent consultants Conti and Vecchiotti failed - and under cross-examination admitted it.
Also remember that the Hellmann court did not get to see two very key closed-court scientific presentations (the stark recreation of the attack on Meredith, in a day of testimony, and later in a 15 minute video) which had a very big balancing effect on the Massei court.
Right now the reputation of not one defense-campaign stooge who has attacked the science remains intact.
Greg Hampikian has headed for cover. He had widely proclaimed that he clinched the Hellmann court’s outcome, in an act which may well have been illegal. Unsurprisingly, he is now trying very hard to hide his own claimed “proof ” of shortfalls in the science, as Andrea Vogt has been showing in her Boise State University investigation, and as we will soon post more on.
Saul Kassin is another defense-campaign stooge who falsely claimed that he clinched the Hellmann court outcome by “proving” a false confession by Knox - in an interrogation that never even took place.
Despite all of this, maybe as straw-snatching, we can again see an organized attempt to confuse American opinion on the science of the case.
Whether she did this intentionally or not, that is what the PR tool Colleen Barry of the Associated Press was doing when she omitted that the trace of Meredith on the knife is undisputed hard evidence.
Judge Micheli and Judge Massei handled the science, scope, and balance with some brilliance. In all three dimensions Judge Hellmann fell short abysmally.
What is your own bet on the outcome under the exceptionally experienced Judge Nencini?
Parts of this post were first posted in 2011 after the disputed and much examined outcome of the Casey Anthony murder trial..
Sunday, November 10, 2013
The Crime-Scene Clean-Up: How Rudy Guede’s Diary Provides Even More Proof That It Happened
Posted by pat az
This post is crossposted from my own place. Here is one of my previous crime scene analyses on TJMK.
Rudy Guede was ultimately declared convicted by the Supreme Court in 2010 of participating in the 2007 murder of Meredith Kercher.
The prosecution claims the two other participants are Amanda Knox and Raffaele Sollecito. Knox and Sollecito are currently appealing their conviction of the same crime.
The case against the three of them involves a suspected clean up of the hallway in the apartment after the crime. Meredith’s blood was found in the bathroom, and half a footprint in her blood was found on the bathroom mat. However, there was no visible blood between Meredith’s bedroom and the bathroom.
The only visible blood in the hallway were faint partial shoe prints that led directly out the front door of the apartment.
After the murder was discovered, the media reported almost daily on developments in the case. The day of the murder, the press reported on the blood found in the bathroom and the bedroom.
But until police used luminol at the apartment on December 18th, the media didn’t report on any significant blood found in the hallway. Between November 2nd and December 18th, only one person stated that significant amounts of blood had been in the hallway.
Rudy Guede.
Rudy Guede actually wrote about it in his diary between Nov 20th and Dec 6th, after being captured in Germany.
The police arrived at the apartment on November 2nd. According to media reports, the blood they spotted immediately was only in the bathroom and Meredith’s bedroom. When the scene was more closely examined, after the discovery of the body, police found visible blood patterns on the floor left by Guede’s left shoe as he left the apartment.
None of the people who arrived in the apartment on the afternoon of November 2nd reported seeing them; these footprints are not in any of the stories of the events of Nov 2nd told by Amanda Knox nor Raffaele Sollecito. So, while these prints were visible, they were not substantially obvious.
On December 18th 2007 investigators applied Luminol in the hallway and other bedrooms. This forensic chemical is used to detect blood which has been cleaned away. The Luminol revealed several footprints in the hallway between the bedrooms of Knox and Meredith. Example below. Some of these footprints were leading towards Meredith’s door.
They also discovered prints in Filomena’s room which contained Meredith’s DNA and Amanda Knox’s DNA. They also revealed a footprint in Amanda Knox’s bedroom. (The defense unsuccessfully contested the investigator’s conclusions that these prints were made with blood).
On November 19 2007, an international arrest warrant was issued for Rudy Guede. He was arrested in Germany on November 20th. Guede remained in Germany until his extradition on December 3rd.
During his stay in jail in Germany, Guede wrote a long statement that was published and translated. Guede’s writings are similar to to Knox’s jail writings in many ways - they both try to write out their own detailed version of events, while pointing blame elsewhere.
But Guede’s comments may in fact be confirmation of a clean-up after the murder of Meredith Kercher (emphasis added):
I am asking myself how is it possible that Amanda could have slept in all that mess, and took a shower with all that blood in the bathroom and corridor? (Guede, Germany Diary, P21)
The police did not find evidence of any other blood until December 18th, AFTER Guede returned from Germany. As indicated above, the luminol revealed multiple footprints in the hallway, in Knox’s bedroom, and in Filomena’s bedroom. The image below shows these results in blue. Guede’s partial footprints are shown in red.
The conclusion is inescapable: Guede knew there would be significant evidence of blood in the hallway, before the police themselves found that evidence.
How did Guede know there would be more blood found in the hallway, before the police found that evidence on December 18th? And why wasn’t that blood there on the morning of November 2nd?
The courts believe the blood in the hallway was cleaned after the murder of Meredith Kercher. And the Micheli and Massei courts believed only one person had the motivation to hide this evidence: Amanda Knox.
Here is a summary of Judge Micheli’s October 2008 indictment finding.
In Judge Massei’s December 2009 trial finding for the original conviction of Knox and Sollecito, he also writes about the clean-up that the judges believed to have happened:
Further confirmation is constituted by the fact that, after Meredith’s murder, it is clear that some traces were definitely eliminated, a cleaning activity was certainly carried out. In fact, the bare foot which, stained with blood, left its footprint on the sky-blue mat in the bathroom, could only have reached that mat by taking steps which should have left other footprints on the floor, also marked out in blood just like (in fact, most likely, with even more [blood], since they were created before the footprint printed on the mat) the one found on the mat itself. Of such other very visible footprints of a bloody bare foot, on the contrary, there is no trace. (Massei, Dec 09; PMF translation)
In defense of Guede, Knox, and Sollecito, some might try to claim that Guede heard about blood in the hallway in the news. Rudy Guede was arrested 18 days following the murder of Meredith Kercher. During that time he had access to read the news and watch reports.
I have searched for articles in the period between November 2nd and December 18 which mention blood. All of the articles I have found so far discuss blood in the bedroom or the bathroom. One or two discuss footprints leading to the front door.
None of them discuss blood in the hallway that would justify a statement from Guede of “tutto quel sangue nel bagno e sul corridoghe” (all that blood in the bathroom and in the corridor)
Guede himself said he went between the bedroom and the bathroom, so may have tracked blood into the bathroom and therefore known blood would be found in the hallway.
Even that knowledge however confirms a clean-up, as there was not a trail of blood between the bathroom and Meredith’s room that justifies the footprint on the bathmat and blood found in the bathroom.
I have my own questions as a result of Guede’s knowledge of blood in the hallway:
Could the attack have started in the hallway? Could the first blood shed have been on the hallway tiles?
The prosecution and courts argue that Amanda Knox had a role in the attack and murder. Knox and her supporters are very adamant that there is no trace of Knox in Meredith’s bedroom. While the courts argue otherwise, could Knox’s role have been limited to the hallway?
Sadly, we may never know the full truth of what happened on the evening of November 1st, 2007.
My timeline of media reports on blood
- Nov 2nd: Meredith Kercher found. Blood found in bathroom.
- Nov 5th: Police analyzing traces of blood from apartment below.
- Nov 5th: A “trail of blood” is on the inside handle of the door to the apartment.
- Nov 7th: reports of Amanda Knox’s statements, includes finding blood in the bathroom.
- Nov 14th: Police use of Luminol at Sollectio’s house. First reports on the knife seized by police from Sollecito’s house.
- Nov 19th: Analysis of blood in bedroom (pillow, bra, etc).
- Nov 22nd: Guede’s prints in blood.
- Nov 27th: Amanda Knox’s blood on bathroom tap.
- Nov 28th: Blood in bathroom.
- Dec 5th: Reports of Guede’s letter to father: “there was so much blood”.
My timeline of main events involving Guede
- Nov 2nd, 2am ““ 4:30 am: Guede seen by witnesses at Domus nightclub.
- Nov 3: Guede leaves Perugia for Germany
- Nov 11: Guede’s cell phone tracked in Milan (Corriere)
- Nov 12: Newspaper reports a 4th suspect.
- Nov 19: Guede identified as suspect in newspapers
- Nov 19: Guede skype conversation with friend.
- Nov 20: Patrick released from prison.
- Nov 20: Guede arrested while trying to return to italy on train in Germany.
- Nov 21: Guede interrogated by German police; Guede admits to being at apartment, blames an italian man for murder.
- Nov 20-Dec 5: Guede writes diary in German prison.
- Dec 3: Germany grants Guede’s extradition back to Italy.
- Dec 6: Guede returns to Perugia.
- Dec 7: Guede interrogated by Magistrate.
- Dec 14: Guede ordered to remain in prison.
- Dec 17: Knox is questioned by Mignini.
- Dec 18: Police use luminol in apartment and find footprints in hallway and in Filomena’s bedroom.
Wednesday, November 06, 2013
Appeal Session #3: The Carabinieri Labs Report On The DNA On The Knife
Posted by Our Main Posters
[Above: an image of similar testing in the same Carabinieri laboratory in north Rome]
Final Update
So the court session does not even extend beyond the lunch hour. Good morning Seattle! At this moment it is still only 3:30 in the morning there. Only night owls will know what happened.
Yummi and Mason2 may have more for us, which will appear either here below this final update on in Comments. Also Andrea Vogt and hopefully Barbie Nadeau will be filing longer reports in English. We will also check out all the Italian reporting.
Hard to see any game changers in today’s strong but undramatic testimony. The Carabinieri RIS DNA experts could not be shaken. All momentum remains with the prosecution and with the Supreme Court’s “givens” on the evidence, such as the presence of three attackers in Meredith’s room.
The defenses seem to be giving up. They could have phoned it in. Sollecito lawyer Bongiorno didnt make any new fuss. And Amanda Knox lawyer Dalla Vedova was cut off by the lead judge several times, for trickily going off the point. He really is out of his depth in a criminal trial; at the same time often condescending.
And a seeming big slap in the face for the American defense stooge Greg Hampikian who seems to have illegally colluded with the disgraced Hellmann consultants Conti and Vecchiotti (who were not even mentioned today) when Judge Nencini asked Dr Barni “Would you be able to provide reliable standards without using suggestions from Americans?” Dr Barni responded “Of course”.
And Sollecito “wasted” his statement by whining about his life, showing no compassion for Meredith (despite his claimed visit to her grave), and not answering any of the dozens of open questions. Sollecito really needed to show he is both strong and compassionate and NOT a weakling under the thumb of Amanda - but he seems to have done quite the opposite. The family lawyer must not be too pleased.
Fifth Update
The opening of Frank Sforza’s trial in the same courthouse is postponed, apparently because new information on his campaign to poison opinion against the judiciary and his unsavory connections has been coming in.
Information will be exchanged that is gathered at this trial on mafiosos Luciano Aviello and at Aviello’s own trial for obstruction of justice which is now proceeding in the same Florence courthouse in parallel.
The findings and possible charges on the defamatory and dishonest books by Knox and Sollecito are due about now from the Florence and Bergamo prosecutors. Information gathered in those investigations could also be fed in to this process, or put aside for separate trials.
As both the AK and RS books are bulging with the standard PR talking points (some of which flowed from Frank Sforza and Doug Preston) in a sense it will be Curt Knox, the Mellases, Marriott, Sforza, Fischer and Moore who will be put under the microscope.
Fourth Update
A more detailed report on the DNA phase today from the Andrea Vogt website.
The RIS Wednesday deposited their forensic report on trace 36i, a spot of DNA identified (but not earlier tested) on the kitchen knife alleged to be the murder weapon. “Cento Percento” (100 percent) said Major Berti, discussing compatibility. The RIS found that the DNA was compatible with Amanda Knox, and excluded that it was that of Sollecito, Guede or Kercher.
The RIS expert was asked only a few questions from attorneys and the judge. The judge asked why the RIS had done two amplications of the DNA and not 3 or 4. Major Berti described that two is considered the minimum number of amplifications necessary, according to today’s forensic standards, doing less (or more) might have diminished the reliability of the results. The judge also asked about the age of the equipment used. Berti responded that the forensic kit used this time has been commercialized since 2010 and available for use since 2011.
At one point the judge stopped a line of questioning by Knox’s Rome attorney Carlo Dalla Vedova, who was asking why the RIS described Knox’s DNA as “fluids” when a prior expert had said the trace did not come from blood. Nencini said: That question was not put to the RIS by this court, it was not their job to determine that. The other experts’ reports are in the case files for everyone to read, he noted, adding: “We cannot put words in the mouth of this expert that were said by another expert.”
Third Update
Tweets from our main poster Yummi (Machiavelli)
32. Judge Nencini’s comments were always addressed at Dalla Vedova’s arguments, who was in fact a bit silly
31. The Judge declared the evidence phase closed. Next court dates are 25 November for prosecution argument and 26 for the defences with 16 and 17 December.
30. Judge Nencini asked Dr Barni “would you be able to provide reliable standards without using suggestions from Americans?” Dr Barni: “of course”
29. Dalla Vedova said Tagliabracci was the only Italian source in the RIS report, all others are foreigners, emphasized the American labs…
28. Sollecito said his family absolutely never had issues with justice. And he is a proud ‘member’ of that family
27. He also played the ‘national’ card, as he remphasized ‘I am Italian’ twice and then addressed the court ‘I am an Italian, as you are’
26. Sollecito mentioned the defens’s arguments (he has an orthopedical issue with his foot etc.).
25. The questions of all parties to the experts were intended to elicit information to be used in arguing the unrelated previous finding
24. He mentioned Meredith’s name only once, to say he barely knew her.
23. Sollecito talked with a faint voice, a long speech in which he described himself as a victim.
22. The Carabinieri say that there are only a few governmental laboratories which have the 17025 certificate (the Carabinieri and the Police)
21. Nencini stops Dalla Vedova, points out that scientific community is international
20. Dalla Vedova tries to elicit that the good standards are not the Italian ones.
19. The RIS obtained the ISO9001 certificate in 2008, and a more specific certificate in 2012.
18. Bongiorno asks RIS to explain why two amplifications are recommended.
17. Prosecutor Crini asks if there are criteria to distinguish which labs or which experts are more competent.
16. Speaking about their software which allows to weight probabilities of attribution.
15. They note that three alleles which are ‘alien’ were drop off in one duplicate.
14. The biologic method has a ‘consensus’ interpretation and a ‘composite’ interpretation, two ways to interpret the double result.
13. They describe the methods employed, the ‘biologic’ method and the ‘statistic’ method.
12. Absence of any male trace stands out as a feature of the sample (all contributors are females)
11. They extracted two profiles in a duplicate in agreement with experts of all parties
10. Dr Berti says the sample was a low template. They have a strategy to obtain reliable results.
9. Points out that documentation says sample 36i comes from insertion of blade in the handle.
8. Dr. Berti summarizes the recovery of sample in Vecchiotti’s lab.
7. Bongiorno says Sollecito intends to release a spontaneous declaration. He will do that after the experts testimony.
6. Berti and Barni enter the court.
5. Many law students from the Florence school for Magistrates are in court to follow the hearing.
4. Sollecito had managed to enter the courtroom from side entrance eluding photographers. Carlo Torre arrives in court.
3. Giulia Bongiorno & Raff kiss each other. Giulia, Raff & Father have a worried discussion
2. I wonder… will the court withdraw his passport?
1. Raffaele Sollecito is in courtroom. Walking in empty room, few people waiting. Hearing will start 1/2h probably
Second Update
Tweets from Patricia Thomas (AP) and Sabina Castelfranco (AP)
Patricia Thomas “@MozzarellaMamma: RaffaeleSollecito - Amanda Knox and I were very carefree and isolated in our love nest.
Sabina Castelfranco “@SCastelfranco: Sollecito says he is not the assassin he has been described as. Says Amanda was his first love
Patricia Thomas “@MozzarellaMamma: RaffaeleSollecito - I have been described as an assassin. Amanda Knox was my first real love in life
Patricia Thomas “@MozzarellaMamma: RaffaeleSollecito takes stand to make statement, starts complaining about media descriptions of himself
First Update
Tweets from Barbie Nadeau
35. Nov 25 - prosecution; 26 - civil; Dec 16 - Sollectio; 17 - Knox; Jan 9 - rebuttals, 10 deliberation and verdict
34. Dec. 16, 17 closing arguments for Knox and Sollecito
33. Judge closes hearing for day, says closing arguments begin Nov 25, 26, must find December dates to conclude
32. Sollecito finishes by thanking judges for their time, judge tells him he can intervene any time during rest of appeal until they deliberate
31. Sollecito says he hates the fame, how it has hurt him, how it isn’t fair
20. Sollecito says he has a difficult time looking for work, people associate him with the murder of meredith kercher
29. Sollecito says that even on his vacation in Dominican Republic, he had to defend himself like a public figure, his life is judged by all
28. Sollecito repeats twice that he never met Rudy Guede, how nothing in original trial was based on reality.
27. Sollecito takes trip down memory lane, highlights worst parts of trial and incarceration for him, has not mentioned meredith kercher yet
26. RaffaeleSollecito - I feel a persecution. It is a nightmare, beyond all imagination.
25. RaffaeleSollecito—close to tears as he testifies to court “I am fighting every day to bring out the truth”
24. Jury totally transfixed by sollecito declaration, can’t take their eyes off him
23. Sollecito thanks and defends his family, calls amand knox his first love
22. Judge asks for Sollecito declaration now
21. Judge asks about relevance of kit they used, how old technology was, etc.
20. Judge asks what minimum testing is for validation of DNA, RIS says “at least two”
19. Judge tells Dallavedova he cannot put words in mouth of new expert that were said by previous experts, this is fresh analysis
18. Judge clarifies that RIS was not asked to reanalyze work that has been done, but to test a sample that has not been tested.
17. Dallavedova essentially kicks goal into own net, not doing amanda knox any favors by making RIS defend methods used in original conviction
16. Dallavedova manages to get RIS expert to defend Italian methods, says they are in line with global standards, this was crux of 1st appeal
15. DallaVedova asks about international protocol, backfires slightly b/c RIS expert says he doesn’t want to dis italian methods, are valid too
14. Bongiorno hammers point that international standards in DNA must be followed ([claims]they were not for meredithkercher sample on tip of knife)
13. Jury in new appeal trial for amanda knox; sollecito look totally lost, lots of daydreaming during DNA testimony, nail biting, looking around
12. Bongiorno asks RIS expert specifics of amplification of sample with an eye to trace with meredith kercher DNA that was amplified many times
11. Prosecutor asking for clarification on how samples are tested, how RIS experts are qualified, etc.
10. RIS: DNA testing as important to exclude suspects as to confirm them, in this case no question that amandaknox DNA is on knife, others’ not
9. RIS: testifying about international standards necessary to validate DNA, how they used in their examination of this particular spot on knife
8. Sollecito listening attentively and jotting notes as RIS expert testifies about the knife
7. RIS: the spot they tested on the knife (near handle) matched definitively the DNA of amandaknox in double tests
6. RIS: the spot they tested on the knife did not match meredith kercher or rudy guede or sollecito after double testing
5. RIS: Experts tested spot “H” [?] on the knife (the spot near the handle) for both the victim meredith kercher and suspect
4. RIS: DNA analysis showed no x chromosome, i.e.: no male chromosome in sample they tested on knife
3. RIS: essential in DNA testing to double test samples to validate results
2. RIS expert: explains technical details of testing DNA, how much is needed, how it is tested
1. Judge says he wants to hear from RIS experts first and then sollecito can give his declaration
Initial Post
Well, that first shot from the court at the top sure is a surprise, and maybe bad news for Amanda Knox. Where are Sollecito’s other lawyers, Bongiorno and Maori? Presumably they are off to the side talking. .
In tweets Andrea Vogt has mentioned that she is reporting for the BBC and the Associated Press TV; reporters cannot have bigger clients or more global reach than with those two. This is from Andrea Vogt’s website.
Court is now in session. Day will begin with RIS forensic debates. Raffaele Sollecito will make a statement later in the day.
Sollecito arrived in the Florence court of appeals looking relaxed and ready to make his case before the court later in the day. His father, Francesco Sollecito, also appeared visibly happy to have his son back in arms reach, after an extended stay in the Caribbean. A large number of his friends were in the audience.
Forensic experts for the defense Walter Patumi, Carlo Torre and Sarah Gino were also in attendance in preparation for debate on the new DNA evidence tested by the RIS in Rome, specifically, trace 36i on the kitchen knife alleged to be the murder weapon. RIS say the DNA profile is that of Amanda Knox. Arguments today will mostly about how it might have gotten there, with prosecutors attempting to place it in the context of the murder and defense attorneys arguing it could have been transferred during normal domestic use of the utensil.
Next hearings are Nov. 25-26, with a verdict expected in mid-December.
Sunday, November 03, 2013
Knox Apologists Attempt To Bend Congress; But Nobody Important Turns Up
Posted by Our Main Posters
From the left: Steve Moore, John Douglas, and Michael Heavey.
In a room for hire at the Congress they made presentations of their misleading takes on the case to a near-empty room.
Senator Cantwell was apparently there briefly but took off as soon as she could. No other elected leaders were seen to be there.
There was seemingly no media coverage except for a sole post by another Knox apologist on the Infamous Ground Report.
These are hardly the most impartial or for that matter truthful and accurate observers of the case.
Click through for our numerous takedowns of the hapless Steve Moore, and John Douglas, and Michael Heavey.
Thursday, October 31, 2013
Why DNA Test Results 6 November May Leave No Further Argument Over Knox And Sollecito Guilt
Posted by Peter Quennell
[Above: an image of similar testing in the same Carabinieri laboratory in north Rome]
The official results of the tests by the Carabinieri laboratory will be made public by Judge Nencini in court on 6 November.
The report and attachments are reported to be more than 100 pages long. Andrea Vogt has already warned that no assumptions should be made yet that we know the full story. But already for the defenses, matters do not look pretty.
- 1) It sounds like the result of the DNA near the top of the blade (see images below) shows conclusively that it is another sample of Knox’s DNA. Given where the sample came from it could be blood DNA and add further proof to the notion that Knox was injured while struggling with Meredith.
2) The low-copy-number amplification technique used was almost identical to that used by Dr Stefanoni to prove that it was Meredith’s DNA on the blade of the knife - actually that was a larger sample. Judge Massei’s court accepted this, Judge Hellmann’s consultants tried very hard to undermine it, and the Supreme Court ruled that they did not even come close.
Earlier this year, our main poster Fly By Night in a post worth re-reading explained just how conclusively the results of that first testing pointed to both Meredith and Knox.
As is typical of all DNA analyses, Stefanoni proceeded to amplify the results to a point where an electropherogram would reveal meaningful “peaks” and found that a resultant 13 pairs of peaks corresponded precisely to peaks derived from a known sample of Meredith Kercher’s DNA!
In this case it is pointless to attempt to argue that Stefanoni somehow exceeded the amplification limits of her equipment. As outlined in the DNA discussion above, the typical problems associated with an amplification of low levels of DNA are related to peak imbalances, enhanced stutter, allele drop-outs, or allele drop-ins.
In this case there was nothing but a perfect match for Meredith that even Carla Vecchiotti and Stefano Conti could not deny in court.
Stefanoni had clearly identified an identical match for Meredith’s DNA on the blade of Sollecito’s kitchen knife, leaving Vecchiotti and Conti no other option than to argue for “contamination” in court.
However, it was convincingly demonstrated by Stefanoni and all evidence handlers that from knife collection through laboratory analysis no reasonable opportunity for contamination with Meredith’s DNA existed.
Dr Stefanoni’s testing of all the DNA from the crime scene was done in front of some defense observers. Those who were there saw her do nothing wrong. Dr. Patrizia Stefanoni, Dr. Renato Biondo, Professor Giuesppe Novelli, Professor Francesca Torricelli, Luciano Garofano, Elizabeth Johnson and Greg Hampikian have all confirmed that Meredith’s DNA was on the blade of the knife.
It looks as if the prosecution has now achieved a clean sweep of all of the of DNA testing. Meredith’s DNA on the lower blade of the knife seems even more conclusively a firm given, and so does Knox’s on the upper blade and the handle.
We are where we were back in 2008 before trial, where other defense lawyers might have suggested to their clients to select a trial of the short form type - the same choice that will see a somewhat penitent Guede out on work release in two years, no more.
But instead, their clients could now be facing life sentences for that bad choice.
Image: looking along the blade toward the handle, both sides of the knife
Here is an image showing the I trace in the location described in the post with credit to Iodine of PMF and the Case Wiki
Sunday, October 20, 2013
Given The Abundant Facts, What Scenario Is The Nencini Court Considering? Probably Not Unlike This
Posted by Marcello
1. The “Innocence/Framing” Campaign
It is rather sad that this case, of the violent murder of Meredith Kercher, has seen a ‘hurricane’ of noise trying to cherry-pick and disprove the more salient facts, and worse, discredit those who investigated, prosecuted and ruled on the case as well as discredit those who continue to emphasize the facts.
Over the past six years there has been a concerted effort by the defendants in this case, and primarily by their families, their “˜groupies’ and their legal consultants, to mount and continue a public relations campaign to frame the defendants as innocent of the crime of murdering Meredith Kercher. This ‘innocence’ campaign has even gone so far as to tarnish the motives of the fine justice officials involved.
The defendants themselves have continuously obfuscated and lied about the more salient facts, albeit inconsistently (their multiple versions fail to match up, and do not match the available facts). Lately Ms. Knox has done a number of (typically unconvincing) interviews, and her parents still seem too intent on defending the fantasy of their daughter’s innocence, all evidence to the contrary.
Mr. Sollecito, for his part, tweets unofficial retractions about statements he made in court. Both have distastefully profited through books that are not much more than a compilation of lies (and which do not offer matching alibis). Meanwhile the legal teams for the defendants have recently leaked “˜favorable’ results from the testing of a new sample on the presumed murder weapon in order to (again) misconstrue the evidence for the general public.
2. Media Misreporting Facilitates
Perhaps the most unfortunate aspect of this “˜innocence campaign’ has been that far too many journalists have dishonored their professional ethics by failing to do the proper research and objectively report the facts. Journalists to this day continue to misreport the facts, leave out corroborating facts, or worse, blindly repeat the distortions or lies promoted by the campaign without proper fact-checking. By and large, journalists (mostly in the US and UK) have ‘anti-reported’ the case.
This is especially grievous given that there are multiple Court Motivations reports (a unique feature to the Italian justice system) readily available in Italian and English online, in searchable PDF format, as well as several websites like this one that have painstakingly sought to illuminate the vast amount of evidentiary facts.
Those journalists who have failed to correctly report the case, and those involved in this ‘innocence’ campaign, have repeatedly disrespected the victim, Meredith Kercher, and her family. By contrast, the Kerchers has shown great dignity throughout these years, remaining patiently quiet and consistently insisting that the truth be revealed by the Italian justice system.
The endless journalistic failures, and particularly the ‘innocence’ campaign, have also disrespected the Italian law enforcement and judicial systems. By contrast Italian law enforcement has demonstrated substantial deference to the defendants, especially when compared to the law enforcement and judicial procedures of other advanced countries. In response, numerous ‘groupies’ have exhibited pathetic jingoism by repeatedly denigrating a country of 60 million people based on rather uninformed attitudes.
And it is very likely that Ms. Knox and Mr. Sollecito, rather than confess the truth, will continue to obfuscate or lie as much as they can, as well as disrespect the Italian Court and the Kerchers by not being present at the appeal. Their ‘innocence’ campaigns will likely continue to distort or ignore the facts. And worse, journalists and talking-head ‘experts’ will continue to report falsehoods and misrepresentations.
3. All Will Now Be To No Avail
Fortunately, none of the fabrications, ill-conceived scenarios or numerous pieces of unprofessional, sloppy journalism will ultimately matter.
This is because the Nencini Appeals Court will not be listening to any of the noise. The Appeals Court has a very specific program to follow, mandated by the Italian Supreme Court, which has already looked at this case four times (the detainment requests for Knox and Sollecito, the conviction of Rudy Guede and the annulment of the Hellmann Appeals Court ruling). The Nencini Appeals Court program includes:
- 1) looking at all the case evidence noted in Judge Massei Trial Court’s Motivations report,
2) considering the Italian Supreme Court’s Motivations report for the conviction of Rudy Guede, in which Guede was convicted of having a role in Ms. Kercher’s murder, but not the key role of fatally stabbing her, and that he acted in concert with others, and
3) considering Ms. Knox’s voluntary “˜gift’ statement of November 6, 2007, in which she placed herself at the scene of the crime. (This statement follows an earlier verbal and written statement released to the police during a few hours of interrogation in the early hours of November 6th.)
4. Big Surfeit Of Evidence
The amount of evidentiary facts the Nencini Appeals Court will have absorbed is substantial. Unlike the Hellmann Appeals Court, they cannot cherry-pick the facts. Per the Supreme Court, they must consider all the available evidence as a whole, logically tied together like a mosaic. Significantly, one could even leave out the knife and bra clasp entirely as evidence points because:
- 1) Ms. Kercher was murdered by more than one assailant. This is evident from the wounds she suffered, from the evidence in general and has been consistently maintained by three different trial judges and four different Supreme Court reports.
2) Guede in all his various confessions has consistently hinted and ultimately confirmed the presence of Knox and Sollecito during the crime.
3) There is no plausible scenario for the crime that involves Guede and two or more unknown assailants.
4) All the other evidence found at the crime scene points to Sollecito and Knox being present before, during and after the crime in some fashion.
5) Knox was at the scene of the crime by her own written admission.
6) The break-in was staged and, by obvious implication, only Knox and Sollecito would have any interest in staging the break-in (see my earlier post listing all the problems with the break-in scenario).
There seems no rational way that the Nencini Appeals Court can logically acquit. And Judge Nencini has not ‘pre-announced’ a non-guilty verdict like Judge Hellmann did by claiming that the defendants “˜appear to be innocent’.
The only remaining questions are what kind of dynamics will the Nencini Appeals Court assign to the participants, and what kind of reasoning will the Italian Supreme Court provide, assuming Knox or Sollecito appeal to the Supreme Court.
Having already read the Massei Motivations report and supporting documentation for weeks, this will already be a highly informed judges’ panel. What scenario are they converging on? The following scenario is based on some of the most significant evidence, and overall seems largely unshakable.
5. Scenario Accounting For The Most Points
The Night Before: Halloween
1) Guede lied about meeting Ms. Kercher on Halloween. (No such meeting was corroborated by witnesses.)
2) Guede lied about his whereabouts in the early evening of November 1, 2007. (His claims of having appointments with friends were not corroborated.)
Evening Prior To Attack
3) Around 8:00 PM on November 1st, Knox left Sollecito’s place to go to work. She received Lumumba’s (her boss) text message around 8:15 PM that she was not needed at work. She responded at 8:35 PM while presumably walking back to Sollecito’s apartment. Then she turned off her phone at 8:35 PM. She was seen at Sollecito’s apartment by 8:40PM.
4) Sollecito received a call from his dad at 8:42 PM. (According to the defendant, they discussed the broken trap in the kitchen sink and how to clean the kitchen floor, and about going to Gubbio with Knox the next day. Significant about this is that the broken trap and clean-up likely happened later. See below.)
5) Sollecito turned off his cellphone at roughly 8:45 PM. (typically, neither Knox or Sollecito turned off their cellphones for the night)
6) Ms. Kercher was last seen by her friend Sophie Purton at roughly 9:00 PM going to her cottage.
7) There was no human interaction with Sollecito’s computer after 9:10 PM.
8) Knox and Sollecito were seen at piazza Grimana, by the cottage, at roughly 9:30 to 10:00 PM, by a homeless man who “˜resided’ at piazza Grimana.
9) Ms. Kercher’s phone made three short calls between 10:00 and 10:15 PM roughly, to check voicemail, a possible attempt to call a bank, and possibly an MMS message.
10) A car broke down near the gate of the cottage at 10:30 PM.
11) Knox and Sollecito were seen at piazza Grimana, by the cottage, at roughly 11:00 PM, again by the same homeless man. He noted they went several times to the railing of the piazza to look down beyond it. (The piazza overlooks the gate of the cottage.)
12) A tow truck came at approximately 11:00 PM to tow the car. The driver of the truck noted a dark-colored car parked in front of the gate of the cottage, which he noted was slightly open. At approximately 11:15 PM the tow truck left and the family in the broken down car departed the area with other friends in a second car. (Sollecito had a dark colored Audi.) No screams were heard and no one noticed Guede, Sollecito or Knox pass through the gate.
13) Sollecito’s dad sent Sollecito an SMS at 11:15PM. The message was not received by Sollecito’s cellphone until roughly 6:00 AM following morning.
The Attack Upon Meredith
14) Knox likely let Sollecito and Guede into the cottage after 11:15 PM, after the tow truck and car had left. Guede went to use the large bathroom and failed to flush his feces. The following is an assumed sequence:
15) Ms. Kercher was restrained in her room and her screams were muffled. (There was bruising on Ms. Kercher’s nose, mouth, lips and chin, suggesting her mouth was covered by one or more persons; only one scream was ever heard from the cottage; Ms. Kercher was familiar with martial arts maneuvers and likely vigorously tried to defend herself)
16) Ms. Kercher was choked and her head likely banged against the wall. (Bruises on Ms. Kercher’s neck suggest she was choked with small hands; Ms. Kercher had bruises to her scalp.)
17) Ms. Kercher’s jeans may have been partially removed to restrain her legs and feet. (There were few bruises to Ms. Kerchers legs and feet, including no signs of ligature. This suggests her legs were immobilized in some other fashion.)
18) Guede held Ms. Kercher’s left wrist, leaving DNA traces on Ms. Kercher’s sweatshirt.
19) Guede likely held Ms. Kercher’s left thigh, brusing it, and left his DNA traces inside her.
20) Ms. Kercher’s sweatshirt was removed and two layers of shirts she had on were rolled up to her neck.
21) Guede left DNA traces on Ms. Kercher’s bra.
22) At least three different types of shoe prints were left on the floor in Ms. Kercher’s room on postcards, papers and the pillowcase. None of these matched Ms. Kercher’s shoes found in her room.
23) A witness heard a man and woman yelling from the direction of the cottage.
24) Ms. Kercher was pricked and stabbed with a small knife in the right side of her neck.
25) Ms. Kercher likely freed her right hand and sustained small cuts. She may have punched Knox in the nose or mouth.
26) Ms. Kercher likely freed her left hand and sustained small cuts. She may have grabbed Knox’s hair, while perhaps ripping off an earring from Knox. (Crime scene photos show blonde hair strands in Ms. Kercher’s left hand)
27) Ms. Kercher was able to scream at the top of her lungs. Two witnesses heard the scream. One witness believed it was around 11:30 PM when she heard it.
28) Ms. Kercher was pricked on her neck and chin with a knife. She was stabbed on the left side of her neck with a large knife. Her neck was roughly 16” off the floor, as suggested by a blood spray pattern on the wardrobe door close to where she was found.
29) A bloody shoeprint fitting Knox’s shoe size was left on the pillowcase. Shoeprints matching Guede’s shoes were also found on the pillowcase.
Right After The Attack
30) Guede may have gone to the bathroom to get two towels to staunch the blood. Guede confessed to this, though no DNA traces of his are found on the towels. Guede’s bloody shoeprints were found around Ms. Kercher’s body, and his bloody hand print was found on the pillow.
31) At this point, Knox may have gone to the small bathroom to check a wound. Knox left traces of her blood mixed with Ms. Kercher’s blood in the bidet, edge of the sink and Q-tip box in the small bathroom. Knox left an additional blood trace on the faucet.
32) Guede handled Ms. Kercher’s purse, leaving DNA traces of himself and Ms. Kercher, likely with Ms. Kercher’s blood. (Traces of Guede’s DNA was found on the zipper of the purse. Because the trace contains blood it was likely left after Ms. Kercher started bleeding.)
33) Guede left bloody shoeprints leading straight down the corridor and out of the cottage.
34) A witness heard someone running on the metal stair of the car park shortly after she heard the scream.
35) The same witness also heard running footsteps on the cottage pebble driveway at roughly the same time.
36) The boyfriend of another witness was bumped into by someone “˜with dark skin’ running up the stone stairs, though the time is unclear.
37) Another witness heard people running in the street that wraps behind the car park.
38) Sollecito likely tossed Ms. Kercher’s cellphones from his car into a nearby garden 1 km away from the cottage at around midnight.
39) Guede was seen at the Domus night club around 2 AM.
Evidence, Manipulated Or Overlooked
Likely sometime later during the night Sollecito and Knox returned to the cottage to eliminate evidence and frame Guede for the crime. In so doing:
40) Sollecito left a partial bloody footprint on the bathmat.
41) Sollecito left his DNA on Ms. Kercher’s bra clasp after removing the bra. (Given blood patterns on the bra, the bra may have been removed after Ms. Kercher had died and certainly after she had been stabbed on the left side)
42) Sollecito left one, possibly two, bloody footprints in the corridor.
43) Knox left two bloody footprints in the corridor. One of these contained her blood as well as Ms. Kercher’s blood. (Knox likely bled during or after the assault and may have stepped in her own blood)
44) Knox left a trace of her blood mixed with Ms. Kercher’s blood on the floor in Romanelli’s room.
45) Knox likely threw Romanelli’s clothes on the floor. She likely used an inordinately large rock to break the window with the outer shutters closed. She likely placed some of the broken glass on the window sill to fake a break-in. (Romanelli and the Postal Police found glass on top of Romanelli’s clothes and laptop, suggesting the room was ransacked and then the window was broken.)
46) Knox, perhaps inadvertently, left a piece of window glass in Ms. Kercher’s room.
47) Knox left a bloody footprint in her room.
48) Knox likely left her only room lamp in Ms. Kercher’s room by accident. (The lamp was found on the floor, by Ms. Kercher’s bed, and it may have been used to exam the bloodied floor around Ms. Kercher’s body to remove evidence, such as perhaps an earring and/or hair.)
49) Knox likely wiped away all her fingerprints throughout the entire house (While a number of fingerprints were found in the cottage and verified belonging to the three other flatmates, no fingerprints were found that could be matched to Knox, not in her room or elsewhere- except for one, on a glass in the kitchen.)
50) Knox and/or Sollecito repositioned Ms. Kercher’s body and covered it with the duvet. (Crime scene photos show from the streaks of blood that Ms. Kercher’s body was moved. There were masses of long hair mixed with blood on the floor, suggesting someone had yanked Ms. Kercher by her hair.)
51) They likely took Ms. Kercher’s wallet, closed her bedroom door and locked it.
Back At Sollecito’s Place
52) Sollecito and Knox returned to Sollecito’s place to clean up. They brought back the large knife and cleaned it with steel wool, and also tried to scrape away build-up/rust by the handle. (The knife was found at Sollecito’s place, with DNA traces of Knox on the handle and by the handle/blade joint, with a DNA trace of Ms. Kercher on the blade, with scratches on the blade and pockets of cleaned stainless steel by the handle.)
53) Sollecito likely disconnected the trap of his kitchen sink, perhaps to clean it. (The trap pipe was found disconnected.)
54) Sollecito and Knox likely used bleach to clean the floor of any blood. (Police observed a strong smell of bleach when entering Sollecito’s apartment.)
55) Sollecito and Knox apparently took a shower. (Knox has recounted a number of “˜ear cleaning’ and ‘shower’ stories.)
56) Sollecito likely put blood stained clothes and shoes into one or more garbage bags and drove in the night to dump them somewhere.
57) Sollecito used his computer at around 5:30 AM and turned on his cellphone at around 6AM.
Events On The Next Morning
58) Knox was seen at a nearby store at around 7:45 AM, just as the store was opening. She was noticed going to the cleaning products section, wearing clothes that were ultimately found on her bed at the cottage.
59) Knox may have traveled back and forth from the cottage with a mop and/or garbage bags. (In her different versions, both verbal and written, she talks about ‘having to fetch a mop from the cottage’.)
60) Knox turned on her cellphone around noon.
The Police At The House
61) Knox and Sollecito were discovered at the cottage by the Postal Police at around 12:30 PM.
62) Knox told the Postal Police that Ms. Kercher sometimes kept her door closed. (This was later contradicted by Romanelli, who insisted Ms. Kercher’s door be broken down.)
63) Knox called her mother in a panic at roughly 12:45 PM. Knox would later forget this phone call in her testimony and in her book.
64) Sollecito called the Carabinieri at around 12:50 PM, confirming nothing was stolen in Romanelli’s room, though he could not have possibly known this for certain.
65) When Ms. Kercher’s door was broken down, at around 1:15 PM, Sollecito and Knox were not with the group that broke the door down, and were not able to see inside the room.
66) Knox panicked when it seemed that Guede’s feces had been flushed by accident.
Later That Same Day
67) At the police station, Knox yelled out that Ms. Kercher “˜bled to death’.
68) At the police station, Knox inveighed against “˜those bastards’ after being fingerprinted, though it’s unclear whether she meant some other killers (and if so, why the plural), or the police.
One Day Later
69) On November 3, 2007, Sollecito lied to a reporter about how the discovery of Ms. Kercher’s body happened, recounting that Knox was the first to discover the body, and that he ‘saw blood everywhere’ even though he could not have seen into the room.
Two Days Later
70) On November 4, 2007, Knox emailed a narrative of the events from her point of view.
71) During the autopsy of November 4th, the prosecutor was convinced by the number and manner of the injuries on Ms. Kercher’s body that there had to be more than one assailant.
72) On November 4, 2007, Knox broke down when police showed her and the other roommates the knives in the silverware drawer at her cottage, to determine if any knives were missing. Knox had to be escorted outside to calm down.
73) Knox would later confess to her parents her concern about the knife at Sollecito’s apartment.
Three Days Later
74) On November 5, 2007, Sollecito failed to back up Knox and changed his alibi when confronted with cellphone records. He maintained Knox left his apartment from roughly 9:00 PM to 1:00 AM.
Four Days Later
75) On November 6, 2007, following Sollecito’s interrogation, Knox blamed Lumumba for the murder, first verbally, then in one written statement, then in a second statement that she offered voluntarily without coercion.
76) Knox failed to make an official retraction of her blaming Lumumba for the murder.
And Subsequentially
77) When first contacted by his friend via Skype, Guede spoke of a man with a knife who was shorter than he, and who had chestnut colored hair (like Sollecito). He also thought Knox was arguing with Ms. Kercher.
78) When Guede was arrested, Sollecito was concerned that Guede might say strange things about him. (If Sollecito was innocent, why be concerned about Guede?)
79) In their multiple “˜confessions’, both Knox and Guede cite Ms. Kercher’s “˜terrible screams’.
80) In court, as a response for finding Ms. Kercher’s DNA on the knife, Sollecito made up a story of pricking Ms. Kercher’s hand while cooking and subsequently apologizing to her about it. But Ms. Kercher had never been to his apartment. Sollecito recently retracted this story on Twitter.
81) Guede eventually confirmed that Sollecito and Knox were with him on the night of the murder.
Some Further Considerations
Ms. Kercher was not promiscuous and had scruples about watering the marijuana plants of the boys residing on the ground floor of the cottage. She had never expressed any interest in Guede to any of her closest friends. Similarly, Guede had never expressed any interest to any of his friends or acquaintances regarding Ms. Kercher.
Some 40+ wounds were found on Ms Kercher’s body. Despite being physically active and knowing martial arts maneuvers, she had few defensive wounds, mostly on the right hand.
She had bruising on her back, her left thigh, lower right leg, both elbows and wrists, the neck, the nose and mouth. She had two significant stab wounds of differing size on opposite sides of the neck, as well as various cuts on face, neck, hands.
No ligature marks were found on her ankles or wrists. She was therefore assaulted by multiple attackers. And as the evidence and trial reports have repeatedly indicated, the attackers were Knox, Sollecito and Guede, with Guede not responsible for the fatal wound.
Tuesday, October 08, 2013
Questions For Knox and Sollecito: Why Claim Rudy Guede Did It Alone When So Much Proof Against?
Posted by Marcello
1. Problems Of Your “Guede did it alone” Mantra
Your attempts to frame Guede for the entire attack sound racist, and they fly in the face of a multitude of hard facts.
Why are you and your more untethered supporters arguing to the media that Rudy Guede alone attacked Meredith (he could not have), that he was a drifter (he wasnt), a burglar (he wasnt), and drug dealer (he wasnt), and that his DNA traces are “all over Meredith’s room” (they werent)?
There are surprisingly few DNA traces of Guede in there, and outside Meredith’s door there is only evidence of (1) his prior use of the south bathroom, and (2) his shoeprints headed straight for the front door.
There is zero evidence that Rudy Guede was ever in the shared bathroom (the one with Sollectio’s bloody footprint on the bathmat) and zero evidence he was in Filomena’s room (the one with the broken window and the mixed DNA of Meredith and Knox).
2. Evidence Against You Is Far, Far Stronger
Explain if you can about Sollecito’s bloody footprint. Explain if you can about the evidence of cleanup. Explain this and this about your multiple contradictory alibis.
Explain if you can why YOUR own witnesses Alessi and Aviello were such disasters for your side in court. Explain your cell phone actions (or non-actions) and the timing and content of your phone calls, and your computer actions (or non actions).
Explain why in Sollecito’s book he claims he sent several emails throughout the night; but there zero records of such emails with his email provider. Explain why both Sollecito and Knox framed Dr Mignini.
There are three compelling reasons above all why the Massei court and the Supreme Court will remain totally unbending on the point that Guede did NOT attack Meredith alone, and that it had to be a pack attack on Meredith.
- One is the full day of closed court testimony at trial by crime-scene experts from Rome who accounted for every point of evidence in Meredith’s room with a depiction of a 15 minute pack attack involving three people. This seriously upset the jury and your own defense was left essentially speechless.
- One is the prosecution’s video shown in closed court during Summations of the recreation of the attack on Meredith, which accounted for every point of evidence with a 15 minute pack attack involving three people. This seriously upset the jury and your own defense was left essentially speechless .
- One is that the entry of an attacker via Filomena’s room is so absolutely unbelievable. Your own defense always knew this, and barely tried to make that sale (hence the witnesses Alessi and Aviello).
There are seven other routes for a burglar to enter the house, all of them faster and quieter and five of them darker. You can see five in these images below: two via the east windows, three up onto the balcony and into the house via the louvre door or the kitchen window.
All seven routes would be obvious to any burglar, long before he walked all the way around the base of the house to beneath Filomena’s window (which he did several times in your scenario).
3. The Numerous Questions From Which You Hide
On or after 6 November you have both promised to appear in the appeal court in Florence. You are apparently too nervous to face cross-examination under oath, but you have said you intend to try to explain things.
- 1) Rudy Guede had been to the apartment at least twice already on prior occasions and knew the boys who lived in the lower story. Why did Guede choose to NOT break-in to the lower story where he knew (or could ascertain) that all four boys were away on holiday, and therefore could break-in and rummage with some certainty of not getting caught?
2) Why did Guede choose to break-in to the upper story of the villa mid-evening, when he surely knew Knox and Kercher would be staying at the villa for the holidays and could have been there or returned at any time to “catch him in-the-act”?
3) Surely Guede would have verified that no one was present by circling the cottage and checking if any lights were on in the windows? But Guede “missed” the really easy way in: the balcony in the dark at the rear, used in 2 burglaries in 2009.
4) If Guede did circle the cottage to make sure no one was there before attempting the break-in, why would he then choose the most visible and more difficult path of entry through a second story window, as opposed to the more hidden and easier path of break-in at the back of the villa, which he would have noticed while circling the villa?
5) Why would Guede choose to break-in through a second story window that was highly exposed to the headlights of passing cars on the street as well as exposed to night lighting from the carpark?
6) Ms. Romanelli testified that she had nearly closed the exterior shutters. Assuming her memory is correct, there is no way a burglar could easily verify if the windows were latched and if the inner scuri were latched to the window panes, which would make access to the window latch impractical unless one was armed with a core drill or an ax. Why would Guede, who was certainly familiar with such windows, choose to attempt the break-in through a window that he could not easily verify would allow him quick access?
7) Assuming the shutters were closed, Guede would have to climb up the wall and open the shutters before smashing the window with the rock. The night of the murder, the grass was wet from rain the previous day. Why was there no evidence of disturbed grass or mud on the walls?
8) Guede had Nike sneakers, not rock climbing shoes. How did he manage the climb up the wall with that type of footwear?
9) If the shutters were closed, or somewhat closed, how did Guede manage to lift himself up to the sill with only an inch of sill available to grab onto?
10) Assuming Guede opened the shutters, how did Guede verify if the inner scuri where not latched to the window panes, which would prevent access to the window latch? There was no light inside Ms. Romanelli’s room to reveal that the scuri were ajar.
11) Assuming Guede managed to check that the inner scuro behind the right-hand window was not latched, how did he manage to break the glass with a 9 lb rock with one hand while hanging on to the sill with the other?
12) Assuming Guede managed check that the right-hand inner scuro was not latched, how did he break the glass with the rock without having glass shards fly into his face?
13) If Guede climbed down to the lob the 9 lb rock at the window from 3 meters below, how would he do so to avoid glass shards raining down on him?
14) If Guede climbed down to the lob the rock at the window from below, why would he choose a 9 lb 20 cm wide rock to lob up to a window 3 meters above him, with little chance of striking the window in the correct fashion?
15) If Guede climbed down again and climbed back up to the carpark (up a steep slope with slippery wet grass and weeds) to lob the 9 lb 20 cm wide rock from the car park, why is there no evidence of this second climb down on the walls?
16) Why did Guede choose a 9 lb 20 cm wide rock to throw from the car park, given that a large, heavy rock would be difficult to lob with any precision? Especially considering that the width of the glass in the window pane is only 28 cm wide, surely anyone, experienced or not, would have chosen a smaller, lighter rock to throw with greater precision.
17) If Guede lobbed a 9 lb 20 cm rock from the car park, such a lob would require some velocity and therefore force. Guede would have been roughly 11-12 feet away from the window, in order for the lob to clear the wood railing at the carpark. If the rock was thrown with some velocity, why is the upper 1/2 of the glass in the window pane intact, without any fracture cracks at all?
18) If Guede lobbed a 9 lb 20 cm rock from the car park, such a lob would require some velocity and therefore force. Why is there so little damage to the scuro the rock hit, so little damage to the terrazzo flooring impacted by the rock, and so little damage to the rock itself, which surely would have fractured more on impact with a hard terrazzo floor?
19) Why was there no evidence of glass shards found in the grass below the window?
20) If Guede climbed the wall to open the shutters, climbed down and up to the car park to throw the rock, then climbed back down and up again to the window, how does he manage to hoist himself onto the sill without cutting himself on the glass that was found on the sill?
21) If Guede climbed the wall to open the shutters, hoisted himself onto the sill, tapped the glass with a 9 lb rock to lightly break the glass in a manner more consistent with how the window was broken, why did he throw the rock into the room, rather than let it fall into the grass below?
22) Why was no dirt, grass, muddy shoeprints or similar trace evidence found on the window sill?
23) Why was no dirt, grass, muddy shoeprints or similar trace evidence found in Romanelli’s room?
24) If Guede climbed the wall to open the shutters, climbed down and up to the car park to throw the rock, then climbed back down and up again to the window again, hoisted himself onto the sill without cutting himself on the glass that was found on the sill, unlatched the window and stepped inside Filomena’s room, how did he manage to get glass on top of Romanelli’s clothing that was found under the window sill?
25) Why would Guede, who would have spent a good 10 minutes trying to break and enter with the climbing up and down from the carpark, waste valuable time throwing clothes from the closet? Why not simply open the closet doors and rifle through the clothes without creating more of mess?
26) Why did he disregard Romanelli’s laptop, which was in plain view?
27) Why did Guede check the closet before checking the drawers of the nightstand, where surely more valuable objects like jewelry would be found?
28) Why were none of the other rooms disturbed during the break-in?
29) Assuming Ms. Kercher arrived to the cottage after Guede’s break-in, presumably when Guede was in the bathroom, why did she not notice the break-in, call the police and run out of the cottage?
30) Assuming Guede was in the bathroom when Ms. Kercher returned, why go to the extent of attacking Ms. Kercher in her room rather than try to sneak out the front door, or through the window he had just broken, to avoid if not identification, at least more serious criminal charges?
31) Assuming Ms. Kercher was at the cottage while Guede broke-in, why did she not call the police the moment she heard the rock crash through the glass, loudly thud to the terrazzo floor and investigate what was happening in Romanelli’s room while Guede was climbing back down from the car park and climbing back up to the window?
32) Assuming Ms. Kercher was at the cottage while Guede broke-in, Guede could have been on the sill already because he had tapped the glass with the 9 lb rock to break it. Therefore perhaps Guede was already partially inside Romanelli’s room when he was discovered by Ms. Kercher. In this case Guede follows Ms. Kercher to her room in an attempt to dissuade her from calling the police and the assault ensues. But then, if this scenario is correct, when does Guede have time to rifle through Romanelli’s clothing and effects?
33) Why is there a luminol revealed footprint in Romanelli’s room that has mixed traces of Knox’s and Kercher’s DNA ?
34) Why does this footprint not match Guede’s foot size?
35) If multiple attackers were required to restain Ms. Kercher, holding her limbs while brandishing two knives and committing sexual violence, then who else was with Guede and why no traces of this 4th (or more) person(s) were found, either in shoeprints, footprints, fingerprints, DNA or otherwise?
36) If Guede and others were involved in the assault, why has Guede not acknolwedged them, and instead consistently hinted that, and finally admitting that Sollecito and Knox were with him during the assault?
37) If Guede and others were involved in the assault, why do the other shoeprints, footprints, DNA traces and fingerprints all point to Knox and Sollecito being present during the assault, in one way or another?
4. Italy Is Not Buying The Racist Mantra
If your racist mantra remains “the black guy did it alone” and “Italians are corrupt and stupid” you need to PROVE that. If you cannot answer all of these questions above, this will deservedly cook you.
You could be facing 30 years with the “mitigating factors” canceled and the new penalties you will incur for your dishonest books and PR campaigns.
[Five easier ways in: 3 via balcony (note two drainpipes, window grid below), 2 via side windows]
Sunday, October 06, 2013
Dr Mignini Pushes Back Against His Demonizers Trying To Ascribe Non-Existant “Satanic Theory”
Posted by Peter Quennell
[Preston left, Spezi center, and George Clooney who is at legal risk for his option on their defamatory book]
1. Dr Mignini’s Published Statement
To the editor of Florence Corriere
Dear Director,
I am Giuliano Mignini, the magistrate who performed the investigation and trials of first instance and appeal in Perugia against the people accused of the murder of Meredith Kercher, as well as the investigation into the death of Francesco Narducci linked to the one performed by the Florence Prosecution Office in relation to the masterminds of the “Monster of Florence” murders.
I saw reported the interview that the journalist Mario Spezi ““ a person accused in the Narducci case ““ did with Amanda Knox, a main defendant in the appeal trial that will start today ““ published in the Corriere Fiorentino on Sep. 29.
In two recent cases the Court of Cassation has annulled verdicts, which acquitted Knox and Sollecito, and which decided [by Judge Micheli] a dropping of charge against Spezi (the parts regarding “˜lack of certainty about malice’ were annulled too).Therefore I don’t need to add anything further on that point. Instead, I need to point out the falsehood of an assertion which Mr. Spezi makes at the beginning of his article, as he tries to explain the reason for a link which, in his opinion, allegedly exists between the two cases, the one related to the Monster murders and Narducci’s death, and the one about the Kercher murder.
Mr. Spezi’s text says: “”¦ a strangely similar background, for two different cases, behind which the magistrate thought he could see satanic orgies on the occasion of Halloween for Amanda, and ritual blood sacrifices as a worship to the Devil in the Monster of Florence case”¦”.
This is an assertion that Mr. Spezi and crime-fiction author Douglas Preston have been repeating for years, but does not find the smallest confirmation in the documentation of the two trials, nor in the scenario put forward by the prosecution in which the Meredith murder (which didn’t happen on Halloween but on the subsequent night) was the consequence of a sex hazing to which Meredith herself did not intend to take part, and, above all, it was the consequence of a climate of hostility which built up progressively between the Coulsdon girl and Amanda because of their different habits, and because of Meredith’s suspicion about alleged money thefts by Knox.
Furthermore the object of the proceedings in the Narducci case is the scenario about the murder of the same Narducci and the attempt, by the doctor’s father and brother, to conceal the cause of his violent death, and this included the background within which the event ““ which was a homicide in my opinion and in the opinion of my technical consultant, coroner Prof. Giovanni Pierucci of the University of Pavia ““ had developed and taken place.
I had already denied several time assertions of such kind, but Mr. Spezi and Mr. Preston, and some people connected to them, go on repeating a lie, apparently hoping that it will become true by repeating it.
Another astonishing fact is that, despite that I was the prosecutor in the Kercher trial together with my colleague Manuela Comodi and then subsequently with my colleague Giancarlo Costagliola [at annulled apeal], and despite that I limited myself to formulating judicial requests which were all agreed to by a multitude of judges and confirmed by the Supreme Court, I am still considered as the only one responsible for an accusation against Ms. Knox and Mr. Sollecito, by twisting its content in various ways.
In the Narducci case, in the same way, I simply limited myself to performing the investigation and requesting the remands to trial, and the trial will have to start again now because the Supreme Court has annulled the dropping of charges [by Judge Micheli] and sent back the trial to another preliminary judge in Perugia.
The purpose ““ quite overt ““ of such endlessly repeated lies, is to defame the investigator, picturing him as a magistrate who is following alleged personal obsessions rather than sticking at facts, as instead he is.
The hope that such conscious misrepresentation of reality could bring advantage to the defences (foremost that of Spezi himself) is consistent with a bad habit which has all along flourished in Italy but is now also copied abroad.
Therefore I ask you to please publish my rectification against false and seriously defamatory information.
Kind regards
Giuliano Mignini
2. Context: The Mafia Playbook Adherents
As we have often d previously, the mafia and their handmaidens strive constantly to bring the Italian justice system down a peg or two.
When not using dynamite, as they often did in the past, they especially favor the weapon of character assassination of witnesses, judges prosecutors and police.
The vilification campaign being run in the United States by David Marriott, Chris Mellas, Doug Preston, Bruce Fischer, Steve Moore, Michelle Moore, Nigel Scott, and David Anderson (and from Italy by Frank Sforza) seems to be right out of the mafia playbook, whether all of them know it or not.
How the mafia have been using the public relations campaign to their own advantage seems set to emerge further in at least five of the associated trials coming down the pike: those of Luciano Aviello, Frank Sforza, Mario Spezi, Raffaele Sollecito (his book trial) and Amanda Knox (her book trial).
And now Mario Spezi, obviously a real glutton for punishment, once again piles on. Spezi has had incessant run-ins with the Italian law - and now he seems to have entered some kind of self-immolation end-game.
With Doug Preston, Spezi published several editions of their Monster of Florence scenario. These are widely discredited in Italy, not least because they are such obvious attempts to apply lipstick to a pig (half of the text is about an obviously red-handed and very very scared Preston trying to prove he did not actually melt down under interrogation for his probable felony interference in a case.)
Spezi has been charged with interfering with and hampering both the Monster of Florence investigations and the related investigation (which involved Dr Mignini) into the Narducci drowning - a clear murder (the body was found bound and another substituted) though a nefarious group worked very hard to deny that. (They were all charged as well, and the Supreme Court has recently confirmed the correctness of that.)
In recent weeks the Supreme Court has given a firm order for both prosecutions against Spezi to go ahead. How Spezi stays out of prison if he is found guilty is anyone’s guess. Doug Preston came up with a calamity of an explanation for the arrest of Frank Sforza for domestic violence, but presumably his assistance wont be sought this time around.
So in face of impending prison Spezi really watches his tongue, right?
No, in fact in a move bizarre even by his own standards, Spezi on 29 September published a surreal “interview” with Amanda Knox in Florence Corriere. It once again repeats the felony claim that the prosecution charged Knox and Sollecito in the first place based only on some “satanic theory”.
The Perugia prosecution has never never NEVER claimed that. The Florence prosecutor has already moved into felony-investigation mode (this could cost Spezi more years in prison) and on 3 October Florence Corriere published this correction below by the defamed prosecution (translation is by Yummi).
This unequivocal statement (far from the first but the most prominent) has its own legal status. It is a clear legal warning to the likes of Chris Mellas and Bruce Fischer that if they sustain the libel they are at risk of felony charges also.
The statement has already had a strong ripple effect in Italy. Many former allies - some of them not very savory - now feel that Spezi has lied to and betrayed them for his own ends.
Friday, October 04, 2013
Appeal Session #2: Witness Luciano Aviello And Knife Test Arrangement Main Biz In Court
Posted by Our Main Posters
[Above and below: complete with heliport, the Carabinieri investigation service (RIS) in north Rome]
1. Explanation
These court updates came in during the day. The first is at the bottom of the post.
2. Court updates
Update #6
Did the prosecution just set the mother of all traps for the wrong-doers here? Quite possibly. Their amused equanimity at the testimony of Aviello may be explainable in this way.
1) Today, Aviello compounded his perjury by repeating it in court under oath, right when his own trial for perjury is just starting out. What is not to like about that?
2) Today the prosecution had no way to introduce the obvious rebuttal witnesses, aka the cellmates of Aviello in his former prison up north. At his own perjury trial they can do that while Aviello has to sit helpless watching them for days selling him out.
3) And today the prosecution could hardly cross-examine Giulia Bongiorno, Claudio Pratillo Hellmann, and Francesco Sollecito (see the post below this one) who Aviello in 2011 pointed the finger at, because this trial is not about them.
But at the Aviello perjury trial just now starting, Giulia Bongiorno, Claudio Pratillo Hellmann, and Francesco Sollecito can all be made to testify under oath, and they would enjoy no protections.
Aviello seemingly blowing it in court today may in fact turn out to be the defenses’ worst nightmare.
Update #5
From our main poster Mason2 in the court
Court was very brief this morning. The letter Giulia Bongiorno received from Aviello in jail in 2010 was produced. She and Carlo della Vedova went to visit him in jail and he said his brother was responsible for the murder of Meredith Kercher.
He had been living in Perugia at the time of the murder and in Via della Pergola. Later he gave testimony to Prosecutor Comodi in July 2011 in 73 pages of which half a page was relevant.
At that time he accused Bongiorno of promising money in the sum of 158000 euro which would cover cost of the sex change surgery in exchange for his assistance.
He accused his brother and said he knew where the knife used in the murder was together with the house keys. In 2010 he said they were buried behind a rock near the house.
This morning Luciano Aviello is Lucia Aviello and looks very much a mature woman. She again accuses her brother. She confirmed her testimony of the 1st Appeal trial but said she had been threatened by Prosecutor Comodi who would prevent the surgery he was seeking at that time.
Judge Nencini and the panel of judges surely cannot believe this person.
The next stage of the testing the sample I 36 found in 2011 will be urgently anticipated.
Update #4
The prosecution and Kercher lawyer Maresca seem unconcerned. Remember that Aviello was heavily built up as one of Sollecito’s “super witnesses” back in 2011 along with Mario Alessi. The prosecution always thought he was a flake.
Today Aviello said nothing credible to help Sollecito or Knox. Not such a super-witness for them any more. The prosecution has other ways of advancing the investigations summarised iin the post below this one.
Giuia Bongiorno seems concerned, as she ought to be. She produced a 2010 letter showing that Aviello first contacted her, not the other way around. Still, that doesnt prove that she made no nefarious offers for the zombie story suddenly revived.
Update #3
More detailed reports to come from the courtroom soon.
La Nazione reports that the court wass adjourned rather abruptly after this surreal testimony. Aviello first objected to cameras, but then said one should be focused only on him. He said something about a seance telling him what happened.
Update #2
Judge Nencini reads out the details of Aviello’s present status (he is back in prison and facing a perjury trial). Aviello gets on the stand wearing women’s clothes (he is on the way to a sex change operation).
He reverts to his first story going back to 2010 - that his brother (now conveniently dead) and one other killed Meredith in the course of an artwork burglary in the wrong house - which he had already recanted in Perugia in 2011.
Now he is saying there were no bribes offered although other witnesses from his previous prison near Turin had testified that there were.
Sounds like he might have been got at, there is far too much against him for this return to the original story to work. Including that police tried to find the keys and knife that he said were buried, but there proved nothing there.
The screws will be tightened at his own trial. Lets hope at least we get a photo of Aviello today. We still dont know what he looks like.
Update #1
Mason2 and Yummi in court both report that two Carabinieri DNA scientists have been appointed to conduct tests on the knife. Their names are Major Andrea Berti and Captain Filippo Barni.
The first testing of the knife will start at 2:00 pm on 10 October at the headquarters lab of the Carabinieri in Rome, a lab with an excellent reputation separate from that of the Scientific Police which has not been a part of the case before.
If the scientific officers find nothing that can be tested they are to inform the court immediately. November 6 and 7 were assigned to discussion of the knife but November 7 has been removed from the court’s calendar.
Initial post
If many media are present in court today it will be a surprise. Florence takes scarce time for most of them to get to and this session surely wont last a full day.
If Aviello doesnt talk or takes off at a tangent or reverts to his original tale the porsecution have other witnesses which they may wheel our here or at his own parallel trial.
Wednesday, October 02, 2013
Appeal Session #1(B) Detailed Report On Enquiries The Court Has Okayed
Posted by Our Main Posters
[Above the two co-judges with lead judge Allessandro Nencini reading the case history]
Explanation
The previous post listed what has already been agreed to by the court to guide the appeal. This report which only became available later describes what had been the prosecution and defense requests.
Translation From The Umbria24 website
Meredith, war of requests in the first hearing of the 2nd Appeal
The court has order a new test on the I trace and on the hearing of the witness Luciano Aviello. Rejected all other requests
By Francesca Marruco
After a little over 2 hours in counsel chambers the Florence Court of Appeals has decided to order a new test on the trace evidence of the knife seized in Raffaele Solecitto’s apartment, the weapon presumed to have been used in the murder.
The Court has also decided to hear the witness Luciano Aviello but rejected all the other requests for renewal of investigations presented by the defense. The Court resumes on Friday with Aviello and the assignment of the task of the new genetic analysis to the Carabinieri del Ris of Rome.
[The appeal] this morning in the maxi courtroom no. 32 of the Florence Justice Courthouse, commenced the new appeal for the murder of Meredith Kercher, after the annulment of the acquittal by the Supreme Court.
Present in the courtroom was only Patrick Lumumba. Absent, as expected, were the two appellants, Amanda Knox and Raffaele Sollecito.
- 9:00 Francesco Sollecito, father of Raffaele, says he is tranquil about the outcome of the new trial. Responding to journalists, he specified “The statement of the Supreme Court is compromised by errors committed because the judges did not have full access to all of the proceedings, as they themselves indicated.”
- 9:45 The defense of Knox and Sollecito have asked for the exclusion of the Patrick Lumumba (civil) party because the conviction of Amanda for calunnia has already been passed into final sentence.
This request was opposed by the General Prosecutor Alessandro Crini, and the lawyer of Lumumba. For them the plaintiff’s civil right is legitimate, as the Supreme Court has asked this court to re-evaluate the penalty in light of the finalized sentence of Knox.
The Court retired to counsel chambers to decide, announcing it wanted to decide today on any reopening of the investigation.
- 10:15 The court rejects the request of the defense of Knox and Sollecitto to exclude the civil party Patrick Lumumba, because the Court specifies that, among other things, the offense was not assessed in totality by the trial court.
- 10.50 The President of the Court of Appeals, Allessandro Nencini, is initiating his introductory report, starting from the day of Meredith’s homicide. The judge travels trough the most important passages of the three Courts. Speaking of the trace, secured by the consultants of the second [Hellman] Court, on the knife (considered the weapon of the crime by the first Court) President Nencini said: “It is necessary to underline that the independent consultants had found another trace; but it was not analyzed”.
- 11:15 The President of the Court, Judge Nencini, at the end of the introductory report, said: ” This is an appeal for matters of undeniable seriousness beyond the media spectacularization. Thus the Court is willing to give all possible space for debate to all of the parties, because originally there was a solid verdict, and the actions on which we proceed are of undeniable seriousness”
- 11.25 Raffaele Sollecito defense lawyer Giulia Buongiorno was the first to take the floor.
]Bongiorno:] Sollecito’s defense does not ignore the motivations of Cassazione, and we are in favor of any kind of verification that the Court will order, with the following caveats. This proceeding has always been based on two types of evidence, the testimonial and the technical. We request that during this proceeding, which we hope to be the last one, that the Court during the next hearings will concentrate only on the truly reliable evidences, putting aside those that are nullified by media conjecture.
Many witness have said things because they have read them or heard them. The proceeding was reopened, but not to collect this type of guesswork. We do not want to inflate this proceeding with new conjectures. We request to examine in depth the crime observed, as emphasized by Cassazione. In the crime scene room there are copious traces of two of the four claimed present persons, the victim and Rudy Guede who admitted to having been there, and none of the two appelants except on the hook of the victim’s bra.
When the Prosecutor asserts that there are no traces because Amanda and Raffaele cleaned them, we think that this is impossible. For this reason we request to have a evaluation done in order to verify if it is possible to clean selectively… A Cassazione mistake was that it didn’t notice the entry into the crime scene room before the bra hook was found, so we request the acquisition of two reports [on that].
We want to understand if in a sealed place it is possible to get firm evidence even after the admission by the police of other searches. We do not request to simply take the hook and to say that it is contaminated, we want to know if in that environment it was possible to collect some genuine evidence, because at the crime scene there were not ten traces of Raffaele but only that one”.
A subordinate request by Giulia Buongiorno is that experts, new experts or the ones at the Hellman appeal, will read the electropherograms. Buongiorno requests the analysis of both of Meredith Kercher’s cell phones that she consider the “black box” of the crime and that they “were never analyzed deep enough by the Corte d’Assise di Perugia” The defense requests also analysis of the presumed sperm trace on Meredith’s pillowcase.
- 12.15 Amanda Knox defense lawyer Carlo Della Vedova takes the floor and raises right away an exception to the judge’s stipulations. “Are we today able to judge on matters that happened six years ago? Can a person be under proceeding for life? Are we sure that Amanda Knox is an accused like all the others? Is it right, the indefinite delay of this proceeding? For all of this I insist that the Court evaluate the constitutionality.”
- 13.00 The Kercher family’s lawyer produced a letter written by the family members of Meredith that read “We are confident that the evidences will be reexamined and all the requests of more evidences will be granted, in a way that all the unanswered questions will be clarified and that the Court can decide on a future way of action in this tragic case. The past six years have been the most difficult of our lives and we want to find an end and remember Meredith as the girl that she really was rather than remember the horror associated with her”.
-14.00 The General Prosecutor Alessandro Crini says he is against the request of the defense to hear anew from some witnesses, including Rudy Hermann Guede. The same argument Crini voiced for the majority of the requests of the opening introduction presented by the defense. In conclusion, he asked for the the addition of the evaluation of the “I” trace, isolated by the independent experts, but never analyzed because they claimed it was believed to be Low Copy Number. Furthermore the prosecutor asks that the witness Aviello be reheard.
-15:00 The lawyers of the civil part that represent the Kercher family support the request of the General Prosecutor Crini, and opposed the requests of the defense. The lawyer Francesco Maresca said he believes that the defense attempts to frame with a new “dress” evidence that is strong, resistant, and robust, from the findings of the trial court, and that were minimized by the first appeal court. For example, the witness Capezzali.
Also there are newly framed certain requests that are obsolete, that have already been actioned. Like that of the selective cleaning. In the bathroom next to the room of the crime, there were many mixed traces of DNA of Amanda and the blood of Meredith. And the genetic profile of Sollecito, besides on the bra hook, was present only mixed with that of Amanda on a cigarette butt, then how did it migrate, only that one, from the cigarette butt to the bra hook?
- 15:10 The defense of Raffaele Sollecito maintains the request to analyze the “I” trace, but opposes hearing from the witness Luciano Aviello. Buongiorno also pointed out that it is not true that the independent experts of the second court decided automatically to not analyze certain traces, but did so in the presence of the prosecution experts Stefanoni and Novelli and those of the defense. Carlo Dalla Vedova, for the Knox defense, said that Avelio should be heard only to demonstrate that the police uses him two different ways. Like when Avelio said he knew where the crime weapon was.
- 15.30 The Court retired in council chamber and announced that will not come out before 17.30
Conclusion
Thereafter the court convened again and the decisions were as outlined in our post below this one. Almost all of what the defense had argued for - each of them a stretch if you know the full circumstances - was denied.
And the two main requests from the prosecution - that Aviello be put back on the stand, and the large knife be retested - were accepted. Ourcomes of these may or may not add to the strength of the prosecution’s case, but seem to offer no prospects of joy for the defenses.
Friday, September 27, 2013
Questions For Sollecito: Why So Many Contradictory Explanations Of How DNA Got On The Knife?
Posted by SomeAlibi
It is no secret (except seemingly to him) that Sollecito’s book and web postings will once again land him in court.
This trial will be separate from the main appeal though the prosecution office will be the same. It will be for alleged contempt of the court in serially mis-stating the evidence and accusing many officials of crimes in an attempt to get public opinion to lean heavily on the courts.
The Amanda Knox brigade has been trying that too, and look at how well that is working out!
Here is one seemingly perfect example of how Sollecito (finally responding to the pressures and pleas of his discombobulated lawyers?) may be trying to wind things back. You will recall that news of the discovery of a large knife in his kitchen drawer with Meredith’s DNA on it was related to Sollecito while he was in his prison cell, just over two weeks after the murder.
As much as the news initially panicked him, shortly thereafter on November 18th, 2007, he seemed relieved to have realised how Meredith’s DNA could have come to be on his kitchen knife after a session of, in his written words, “thinking and remembering”. He wrote in his diary:
The fact that there is Meredithʹs DNA on the kitchen knife is because on one occasion, while we were cooking together, I, while moving around at home {and} handling the knife, pricked her hand, and I apologized at once but she was not hurt {lei non si era fatta niente}. So the only real explanation for that kitchen knife is this one.
And that was it: Raffaele had “fortunately” remembered how he had “pricked” Meredith’s hand and that explained the DNA. He remembered it in precise detail - thank heavens for that!
The problem for Raffaele was that he didn’t know at this stage that the DNA was in a microscopic groove on the blade and not on the tip. The story made no sense. Worse, he was also flatly contradicted by the flatmates, the friends and even Amanda: he had never been cooking with Meredith and his story was therefore impossible as well as implausible. And since he was a murder suspect, the memories and all their specificity which would have given him an alibi for the DNA, became highly suspicious.
Unfortunately, Raffaele chose to remain silent thereafter and never testified, as was his right, at his trials.
Subsequently there were many months of Team Knox-Sollecito denying that Raffaele meant Meredith, in contradiction of all plain logic when reading the simple words in his diary. No, said the online apologists, in fact he meant Amanda’s hand and in some way he had thought that maybe Meredith’s DNA had been on Amanda and could have transferred. It wasn’t his fault that his theory was wrong, it was just an honest memory of being with Amanda and nothing suspicious at all.
On Twitter on September 22nd, Raffaele decided, probably unwittingly as is his wont, to blow that theory up. He was asked about the diary entry by Twitter user MK @santamariaxx and responded thus:
He replied as in the image above.
So, he didn’t really mean Amanda at all (thank-you for all the wasted hours of excuse making for Raffaele to those protagonists of that particular theory), but now we learn it was a false memory about Meredith that never happened.
But let’s unpick this because it’s far from a single mis-remembered sentence or action. This was a contemporaneous diary entry made barely two or three weeks after such a cooking event could have happened and it was a multi-faceted event with multiple actions. He was clear and precise about what happened in detail. Now, he is quite clear the whole thing never happened:
- 1. He said he was cooking together with Meredith - but that never happened
2. He recalled himself “moving about” during the cooking session - but that never happened
3. He remembered the location “at home” - but was never there in this context
4. He remembered putting a knife that he was holding into / onto Meredith’s hand - but that never happened
5. He remembered actively apologizing to Meredith for that clumsy act - but that never happened
6. He remembered the act of them examining Meredith’s hand and mutually discovering that she had not been hurt - but that never happened
7. He remembered that this was the real explanation of the kitchen knife - but it never happened
Sollecito was on his own in a cell, not under interrogation, and spending time “thinking and remembering” on November 18th. What he remembered, in detail, was a multi-part sequence of events with a girl who had been murdered barely two weeks before. He remembered the minutiae of what happened and its sequence when he believed he needed to provide an alibi for the identification of the DNA on his knife.
None of Amanda Knox’s vagueness about these memories - they were particular and specific in the finest detail. So fine and specific that when he was caught out that this could not have happened, those details looked highly like someone seeking to convince precisely because of the particularity of the details. It was in the time-honoured form: “no, no - it definitely happened, because I specifically remember”..... 7 distinct and separate memories and the sequence in which they occured.
But all those things never happened according to Raffaele Sollecito in 2013.
Knox and Sollecito have never stopped the self-serving lies and flat contradictions of themselves. Not now, even after all this time, even after one them is permanently stained as, at a minimum, a convicted liar who criminally tried to frame a man for murder. Sollecito, “not hiding” in his secret location, can’t stop either. Little good it will do either of them. Finally, justice is coming and the lies will be at end. I’d almost feel sorry for him, if he wasn’t then and remains now, an inveterate liar without the honour to face justice in the country of his birth.
Sunday, September 22, 2013
Questions For Knox: Ten Hard Questions That Knox Should Be Asked Monday On ITV’s Daybreak
Posted by The Machine
Amanda Knox will be interviewed for the first time in Britain on ITV’s Daybreak programme tomorrow.
No interviewer should unquestioningly accept everything Knox says as the gospel truth. Remember Knox served three years in prison and is labeled a convicted felon for life for malicious lying.
So let’s hope tomorrow’s interview is not yet another whiny mis-statement of the core facts, and not yet more sliming of Italian officials, of which we have just seen so many.
There are many questions on this site which Knox has never ever answered. Some arise from the evidence and some from her dishonest book.
See especially the tough questions here and here and here and here. With luck the Daybreak hosts will ask Knox all of these tough questions below.
1. Multiple false alibis
You and Raffaele Sollecito gave completely different accounts of where you were, who you were with and what you were doing on the night of the murder. Neither of you have credible alibis despite three attempts each. Sollecito told Kate Mansey from The Sunday Mirror that you and him were at a party.
He told the police that you and him were at his apartment. He then told them that he was home alone and that you weren’t at his apartment from around 9.00pm to about 1.00am. You first told the police that you were at Sollecito’s apartment. After you were informed that he was no longer providing you with an alibi, you repeatedly claimed that you went to the cottage with Diya Lumumba.
You changed your story yet again and claimed that you were at Sollecito’s apartment, but he might have gone out. All the other people who were questioned had one credible alibi that could be verified.
Extract of Sollecito’s witness statement.
“I went home, smoked a joint, and had dinner, but I don’t remember what I ate. At around eleven my father phoned me on the house phone. I remember Amanda wasn’t back yet. I surfed on the Internet for a couple of hours after my father’s phone call and I stopped only when Amanda came back, about one in the morning I think.
Question 1. Why did you and Raffaele Sollecito repeatedly tell the police and others a pack of lies?
2. False accusation
You falsely claimed that Diya Lumumba killed Meredith in two witness statements and you repeated the false accusation in your handwritten note to the police on 6 November 2007. You served three years in prison for this felony and your appeal to the Supreme Court was denied.
Question 2. Why did you repeatedly accuse Diya Lumumba of murder when you knew full well that he was completely innocent and why didn’t you or your mother retract your accusation when he was in prison?
3. The Double DNA Knife
According to a number of independent forensic experts - Dr. Patrizia Stefanoni, Dr. Renato Biondo, Professor, Giuesppe Novelli, Professor Francesca Torricelli, Luciano Garofano, Elizabeth Johnson and Greg Hampikian - Meredith’s Kercher’s DNA was found on the blade of a knife from Raffaele Sollecito’s kitchen.
He falsely claimed in his prison diary that he had accidentally pricked Meredith’s hand whilst cooking. Dr Stefanoni analysed the traces on the knife six days after last handling Meredith’s DNA. This means that contamination couldn’t have occurred in the laboratory.
Meredith had never been to Sollecito’s apartment, so contamination away from the laboratory was impossible.
Question 3. How do you think Meredith’s DNA got onto the blade of the kitchen knife?
4. The bra clasp
An abundant amount of Raffaele Sollecito’s DNA was found on Meredith’s on the exact part of Meredith bra clasp that was bent out of shape during the attack on her. His DNA was identified by two separate DNA tests. Of the 17 loci tested in the sample, Sollecito’s profile matched 17 out of 17. Professor Torricelli testified that it was unlikely the clasp was contaminated because there was a significant amount of Sollecito’s DNA on it.
Professor Novelli analysed the series of samples from all 255 items processed and found not a single instance of contamination, and ruled out as implausible that a contaminating agent could have been present just on one single result. David Balding, a Professor of Statistical Genetics at University College London, recently analysed the DNA evidence against Sollecito and concluded it was strong.
Question 4. How do you think Raffaele Sollecito’s DNA ended up on Meredith’s bra clasp?
5. The bloody footprint on the bathmat
According to two imprint experts - Rinaldi and Boemi - the bloody footprint on the blue bathmat in the bathroom matched the characteristics of Sollecito’s foot, but couldn’t possibly belong to Guede. Rudy Guede’s bloody footprints led straight out of Meredith’s room and out of the house which indicates that he didn’t go into the bathroom after Meredith had been stabbed.
See our past posts on this here and here.
Question 5. Who do you think left the bloody footprint on the bathmat?
6. Mixed samples of Amanda Knox’s DNA or blood and Meredith Kercher’s blood
According to the prosecution’s experts, there were five instances of your DNA or blood mixed with Meredith’s blood in three different locations in the cottage. Even your lawyers conceded that your blood had mingled with Meredith’s blood. In other words, Meredith and Amanda Knox were both bleeding at the same time.
Question 6. Why were you bleeding on the night of the murder and is it a coincidence that only your DNA was found mixed with Meredith’s blood?
7. The Luminol Enhanced Footprints
Bare bloody footprints were revealed by Luminol at the cottage. Three of them are compatible with your foot size and one of them is compatible with Raffaele Sollecito’s foot size.
Question 7. What do you think the Luminol was reacting to - Meredith’s blood or some other substance?
8. The staged break-in
There is absolutely no evidence that anyone stood outside Filomena’s window and climbed up the vertical wall on the night of the murder. There were no marks from soil, grass or rubber soles on the wall. The earth of the evening of 1 November 2007 was very wet, so if anybody had climbed the wall, they would have left some marks on it.
The glass on the window sill and on the floor show no signs of being touched after the window was broken, which would have been the case if the intruder had gained entry through the window.
There was not a single biological trace on any of the shards of glass. It would have been very likely that an intruder balancing on the window sill would have suffered some kind of injury or cut because of the shards of glass.
If the window had been broken from the outside, there would have been shards of glass outside, but there wasn’t even one.
Judge Massei and the panel of judges at the Italian Supreme Court specifically mentioned the shards of glass on top of Filomena’s clothes which had been tossed onto the floor in her room and regarded it as proof that the break-in was staged.
Question 8. Who do you think staged the break-in at the cottage?
9. Knowledge of the crime
Umbria Procurator General Galati’s pointed out in his appeal that you knew specific details of the crime that you could have only known if you had been present when Meredith was killed.
According to multiple witnesses at the police station, you said you were the one who had found Meredith’s body, that she was in the wardrobe, that she was covered by the quilt, that a foot was sticking out, that they had cut her throat and that there was blood everywhere. But you weren’t in a position to have seen anything at all when the door was kicked in.
In your witness statement you described Meredith’s scream. Other witnesses have corroborated your claim that there was a loud scream.
Question 9. How did you know so many precise details of the crime?
10. Shower and the “bathmat shuffle”
The Scientific Police found 13 traces of blood in the bathroom that Meredith and you shared. Prosecutor Mignini and Filomena have both expressed their surprise that you showered in a blood-spattered bathroom.
Filomena told Mignini during cross-examination: “I thought it was odd that she’d had a shower when there was blood all over the place.”
You told Mignini that you used the bathmat to shuffle to your room.
Question 10. Why did you shower in a bathroom that was splattered with blood, and did you notice the visible bloody footprint on the bathmat when you used it to shuffle to your room? And why so soon after did the police notice that you were stinking?
Lorraine Kelly and Aled Jones the ITV Daybreak hosts who should confront Amanda Knox
Thursday, September 19, 2013
Judge Nencini’s Guidelines Authorize Televising Of The Florence Appeal Live In Real Time
Posted by True North
[Research room in the Palace of Justice which can double as a room for the press]
The Florence Courts are renowned for acting with speed and decisiveness.
No surprise then that Judge Nencini has issued the court guidelines for this appeal (remember, this is not a second trial).
There will be regulated access to the courtroom and observers must be in court by 9:00 am. No phone contacts or tweets from the court to the outside world will be allowed.
A pressroom will be set up, as in Perugia, where most of the reporters preferred to sit so that they could use their computers and phones, and come and go when they wished.
And three fixed TV cameras will provide a broadcast-quality live feed from the court in Italian. This feed will be balanced against the needs of an orderly fair trial, and the feed could be turned off now and then.
In Perugia in 2009 and 2011 there were CCTV cameras in the court but the quality of the feed to the pressroom was low and when reporters captured some of it on videocam the resultant videos were somewhat murky as you can see on some YouTubes of the trial.
The huge new high-tech palace of justice was designed with TV feeds in mind.
Wednesday, September 18, 2013
Breaking News From Italy-Based Andrea Vogt On The Aviello And Knox/Sollecito Court Actions
Posted by Peter Quennell
[A Florence courtroom similar in size to courtroom 32 which is assigned for the appeal]
Andrea Vogt kindly provides these details on the Knox/Sollecito appeal, the Aviello trial, and the increasingly desperate Knox and Sollecito PR.
1) Knox And Sollecito Appeal
In the first hearing on September 30, the court will decide on a fixed schedule as well whether or not to accept any defense evidence requests, such as new DNA testing or witness statements. The prosecution has also made two additional requests to the court: 1) request for another forensic review of knife to see if a small third trace that was never tested before can be examined. Experts in the first appeal deemed it low copy number and rejected requests to test it. 2) request to hear testimony from Luciano Aviello.
All our past posts on the Florence appeal can be found here and all our past posts on the DNA can be found here.
The defenses are said to have filed monsters of requests for wide scope - a virtual retrial with the defenses in prosecution mode - complete with bizarre argumentation against the rulings of Cassation. None of the defense lawyers have ever won a case before Cassation. This sure seems like a losing move as Cassation is insisting on tight focus.
2) Luciano Aviello Trial
At the heart of Aviello’s trial in Florence are likely to be the revelations by inmate Alexander Illicet from Serbia Montenegro, who testified that Aviello had agreed to pin the murder on his brother in exchange for 158,000 Euros ““ money Aviello desperately needed to pay for a sex change. Aviello himself later took back statements he made on the stand, saying he had been bribed.
The backstory to the potentially very explosive Aviello trial can be found here. If he cracks under pressure (as expected), he may spill the beans on the Sollecito family, on the defense lawyers Maori and Bongiorno. and on the judges Hellmann and Zanetti,
Potentially all could face prison. No family goes in for bribing of judges and witnesses (along with numerous other dirty tricks) if their little pride-and-joy is truly innocent.
3) Erratic Knox PR
Knox recently was featured in a number of print exclusives to the very U.K. tabloids her family blamed for sensationalizing her case at the outset. She then did her own exclusive video interview in Seattle to the same Italian columnist [used by Sollecito].
Knox, Sollecito, and Oggi are all already being investigated for contempt of court, as explained in all these past posts. For such charges, depending on the seriousness (and serial, seemingly unstoppable false accusations of crimes is pretty serious), prison sentences if found guilty might amount to ten years. That would be on top of any new sentence out of the Florence appeal which this time is likely to be 30 years.
Planet Earth to Amanda Knox: Smart move #1 could be to put aggravators David Marriott and Chris Mellas on the back burnder.
Monday, September 09, 2013
In English, The Chieffi Supreme Court Rationale For Hellmann Annullment & Florence Repeat Appeal
Posted by Our Main Posters
1. What Happened Today
This immensely intriguing report dated 25 March 2013 has now been put into English.
The translators are the PMF posters and Italian speakers Catnip, Clander, Earthling, Jools, Popper, Skeptical Bystander, The 411, Thoughtful, Tiziano, TomM, and Yummi,
These are members of the same team that has already done so much to level the playing field which the defense forces have tried so hard to tilt by way of the fact that Italy speaks a different language.
2. What We Already Said
On 23 June in his summary for English speakers our main poster Yummi started off as follows:
On June 18. 2013 the Supreme Court of Cassazione issued the official rationale for the sentence of annulment of the Hellmann-Zanetti verdict.
That verdict acquitted Amanda Knox and Raffaele Sollecito on the charge of murder and sexual violence, while finding Knox guilty of the crime of calunnia (obstruction of justice by maliciously placing false accusation against a person you knew was innocent)....
The 74-page motivation report states clearly that they “˜accept the points of the recourse’ from both the Prosecution and the Kercher parties, while they reject the Knox defense recourse.
While you will realize it yourself in reading it, I can say in advance that what the Supreme Court points out in the appeal verdict is a pattern of manifest violation of an unprecedented gravity. All those I know in the law professions have never seen, throughout their professional lives, a Cassazione bashing portraying such a concentration of flaws in one verdict.
Mostly written by Judge M. S Caprioglio (possibly including parts by Judge Severo Chieffi) the document features a sophisticated Italian language and a formal style.
Below at front: some of the judges of the Supreme Court’s elite First Section with Dr Caprioglio at right]
Saturday, August 24, 2013
Desperate Ghirga Urges Amanda Knox To Show At Florence Appeal, But She’s Created More Problems
Posted by Peter Quennell
[Above: Knox’s legal team with mom back when; even then it looked like they could use some sleep]
Overview
Meeting in Seattle, Amanda Knox’S lawyer urges her to be at the Florence appeal, but his suggestion falls on deaf ears.
Here is a brief report from Italy. Clearly her lead defense lawyer Ghirga (who normally handles only small-time crime) thinks the presence of Knox and her entourage coould humanize her and allow her to speak out and to guide him.
But Knox has really been burning her bridges to Italy big-time. Let us list some of the ways in which they are now foolishly dug in so deep.
Further Law-Breaking
Since the end of trial in 2009 Amanda Knox’s entourage and she herself appear to have broken law after law after law, issuing new smears, harassing the victim’s family, having her book taken to court in Bergamo.
In Florence, how does she talk about that?
Evidence Could Strengthen
The evidence in the case as presented at trial in 2009 remains rock solid to this day (the Massei outcome is the state of play) and if the large knife is retested, it could actually get way worse. Hundreds of open questions remain which Knox has strenuously avoided answering, either on the stand or in her book or on TV.
In Florence, how does she talk about that?
Calunnias Of Justice Officials
Every instance where Amanda Knox and any of her entourage alleged without hard proof that Italian police and prosecutors have committed crimes (and there have been literally hundreds of such accusations by Preston, Fischer, on and on, now all captured and preserved) could see any or all of them hauled into court with zero heads-up (ask Sforza).
In Florence, how does she talk about that?
Framing Of Dr Mignini
In 2011 Knox was sentenced to three years (served) for the crime of framing Patrick Lumumba. So what does this slow learner do? Turn right around and commit the SAME crime in her nasty book, only this time she makes it worse. This time, she frames the chief prosecutor, in describing in detail a highly illegal interrogation that never took place.
In Florence, how does she talk about that?
Threat Of Conspiracists
There are perhaps 40 felony allegations against police and prosecution in Sollecito’s blood-money book and maybe another 20 in Knox’s own. Each of them will be put on trial separately for those claims and either one of them or both in desperation could take down all the writers, all the agents, all the publishers, all the wild-eyed conspiracists who helped write the books, and all those who made the illegal multi-million dollar deals, including their own two dads.
In Florence, how does she talk about that?
Threat Of Frank Sforza On Trial
The contempt of court trial of Frank Sforza is about to start. He is desperate to stay out of jail, and all of his alleged felonies since 2008 in contempt of the court could put him there for up to ten years. Consider the list of precisely who in Italy and the US Frank Sforza might take down, to try to give himself something of a break. This list is nothing if not long (see next post).
In Florence, how does she talk about that?
Threat Of Hellmann And Aviello
Witness Luciano Aviello is now on trial and as this post explained Aviello could take down all of the defense lawyers (for illegal dealing over the “right” judge), all of the Sollecitos, if they offered bribes, and both of the judges, Hellmann and Zanetti, who presided over the annulled appeal.
In Florence, how does she talk about that?
Conclusion
Nobody with any sense flouts the Supreme Court, or the extremely important, powerful court in Florence, which has sent down some of the toughest perps in the land.
Both courts and both prosecution teams are well-know in Italy for being cold and relentless in their search for the truth. None of the four lead lawyers for Sollecito and Knox has ever won even one case either in Florence or before the Supreme Court.
This might well be a trial balloon, to see how the Florence prosecutors and courts react. An arrest warrant, maybe? As we have seen lately, they act fast, and suddenly at any time.
Wednesday, July 24, 2013
How The Clean-Up And The Locked Door Contribute To The Very Strong Case For Guilt
Posted by James Raper
On the 30th September the appeals of Amanda Knox and Raffele Sollecito against the convictions they received at the first instance trial will resume, this time in Florence.
This follows the annulment by the Supreme Court of the acquittal verdicts rendered by the Appeal Court presided over by Judge Pratillo Hellmann. There is one conviction not under appeal. This is Knox’s conviction for calunnia, which is now definite.
They are therefore both currently convicted of murder and sexual assault, and a number of lesser charges, amongst which there is the simulation of a burglary “to ensure impunity for themselves from the felonies of murder and sexual assault, attempting to attribute the responsibility for them to persons unknown who penetrated the apartment to this end”.
There is one activity, for which there is evidence, with which they were not charged (perhaps either because it was redundant or not a criminal offence) though this was likewise to ensure impunity for themselves.
This is the partial clean up at the cottage and it is this with which I intend to deal. I want to highlight salient observations which have been under discussion here and elsewhere and some of which may be well known to readers, but perhaps some not, or have been forgotten about. Once again, in many cases, I am merely a conduit for the observations of others, not least the first instance trial judge Giancarlo Massei.
So let”˜s consider the observations and in doing so we can also throw some more light on the lone wolf theory.
1. Take a look at the bloody footprint
This is, of course, the bloody footprint on the bathmat in the small bathroom right next to Meredith’s room.
The heel of the right foot, if it had blood on it, is missing from where it should be on the tiled floor. It is difficult to imagine, given that the imprint of the foot on the mat is contiguous with the edge of the mat, that there was not at least some blood on the remainder of the foot such that there must have been at least some blood deposited on the floor.
Just as difficult to imagine that casual shuffling about on the bathmat would have removed the blood so as to render it “invisible” to the use of luminol.
Of equal relevance is that there were no connecting bloody footprints. Why not?
The defences have an improbable theory - that Guede, despite his homicidal rage, was smart enough to hop about on his left foot with a clean shoe on, and the other bare but covered in blood, and that having by this means entered the bathroom and washed his bloody right foot, disastrously leaving his (supposed) imprint there in the process, he then returned to Meredith’s bedroom inadvertently standing in blood with his left shoe and leaving with a trail of bloody left shoe prints - in which case the exercise of washing his foot was entirely in vain, on two counts, after all that careful hopping around.
Neither is it entirely clear why his right shoe came off in the first place.
It is far more probable that the inevitable bloody prints were deliberately and carefully removed. The reason for doing this was not just to conceal who would have made them (the print on the bathmat was, after all, left in situ) but, from a visual perspective, to conceal any blood that might be noticeable and alarming to anyone approaching Meredith’s room. Guede’s bloody shoeprints in the corridor were visible but only on close inspection.
2. Take a look at the bathroom door
Specifically the internal (hinge) side of the bathroom door. Take a look at this photograph.
We see a long streak of dried blood. Clearly the blood has flowed some distance under the influence of gravity and we can see that it looks slightly diluted, with red corpuscles gathering towards the tip of the streak. A drip of that size does not appear from nowhere.
Indeed it is difficult to imagine how the blood got there unless it was part of a larger area of blood which most likely was on the face of the door and which was swiped to the right and over the edge of the face of the door. The cloth or towel used to do this was wet accounting for the slight dilution and length of the streak.
3. Take a look at Meredith’s door
It is interesting, is it not, that there is blood on the inside but not on the outside? The outside:
It is difficult to see how and why Guede touched the inside handle with a bloody hand (was it shut and if so, why?) and then closed the door to lock it without leaving a trace on the outside face of the door. Possibly he might have changed hands. The answer might also be that he visited the bathroom to wash his hand as well as his foot, save that none of his DNA was recovered from the spots and streaks of diluted blood in the washbasin, whereas Knox’s DNA was. All the more surprising given that Guede shed his DNA in Meredith’s room.
We see some blood on the edge of the door which again might be the remnant of a trace on the outside face.
4. Take a look at Amanda Knox’s lamp.
This was found inside Meredith’s room behind the door. Meredith also had a similar lamp which was resting on it’s base on the floor by her bedside table.
The presence and location of Knox’s lamp is obviously suspicious. Had Meredith borrowed Amanda’s lamp because her own was not working, then it would not have been in the position it was found but on or more likely knocked over and lying beside the bedside table since the violence appears to have been concentrated in that area of the room.
Had Meredith’s lamp been on the bedside table then likewise it too would most likely have been knocked over in her life and death struggle with her sole assailant (there are blood streaks on the wall just above) and it would not have ended up sitting upright on it’s base.
Both lamps were probably used to check the floor of Meredith’s room after the event and Knox’s lamp was probably sitting upright until it was knocked over by the door being forced open.
This is Meredith’s lamp by the bedside table.
And this is Knox’s lamp by the foot of the bed.
5. Take a look at what luminol revealed
We can state with confidence that luminol (extremely sensitive to and typically used to identify blood that has been wiped or washed away) discovered :-
(a) three bare footprint attributable to Knox, one in her bedroom and two in the corridor, and
(b) two instances of the mixed DNA of Meredith and Knox, one in Filomena’s bedroom and one in the corridor.
(c) a footprint attributed to Sollecito in the corridor.
I have covered a number of elements strongly suggesting that there was at least a partial clean up, not of “invisible DNA” as the Groupies like to mock, but of what would have probably in some cases have been noticeable deposits of blood that would have attracted the eye of anyone entering the cottage and which would certainly have alarmed the observer as being difficult to explain.
Spots of and footprints in blood, not just in the bathroom but outside it, a locked bedroom door with blood on it, and a bathroom door with blood on it’s face.
We can include Knox as one such observer given her e-mail account of having allegedly stopped by the cottage to have a shower and collect some clothing before the discovery of the body. Such physical evidence - had it not been removed - would not have sat easy with that account, however dizzy and naïve Knox presents herself. One can envisage Knox thinking “sorted” - that her story would now work perfectly.
Even so, there were elements that were overlooked, such as Knox’s blood on the washbasin faucet and blood generally in the small bathroom, but a door can be closed and at least these were elements amenable to some form of explanation from her perspective, whether or not convincing, as occurred in the e-mail.
Incidentally in addition to the mixed traces in the small bathroom, Meredith’s blood was found on the light switch and a cotton bud box. I have a hard time imagining what Guede would have wanted with the cotton bud box, less so Amanda given her blood on the faucet, ear piercings and a scratch on her throat. Knox, when asked during her trial, could not recall having switched on the light during her alleged visit to the cottage.
6. Take a look at the items on Knox’s bed
Massei concluded that it was likely that it was Knox who carried out the clean up, which if correct might explain why it was not central to her thinking to dispose of the bathmat with Sollecito’s bloody footprint on it!
Knox was seen by Quintavalle at his store at 7.45 am on the 2nd November, thereby destroying her alibi. He described her as pale faced, exhausted looking, with pale blue eyes. He also added, and he would not have known this from photographs in the newspapers, that she was wearing blue jeans, a grey coat and a scarf, with a hat or cap of some sort.
We can see from the crime scene picture of Knox’s bedroom below, that such items (minus hat or cap) appear to be lying on her bed.
Sollecito did not accompany Knox to the store but this would be because he was known to Quintavalle whereas he was unfamiliar with her. He may however have accompanied Knox to the cottage and/or have acted as look out for her when she was there.
7. Some conclusions
I have included “The locked room” in the title because of a poster’s observation regarding Guede’s bloody left shoeprints exiting Meredith’s room. There is the simple observation that these footprints are going one way only and not towards the small bathroom. But they do not even turn to face Meredith’s door, and again hard to imagine that this could be so if it was Guede who locked her door!
We can rule out Guede as having been involved in any aspect of the clean up precisely because of that trail of footprints and other evidence of his presence left behind.
Now that the travesty of the Hellmann acquittals has been truly exposed Knox and Sollecito face an impossible uphill task.
The clean up and the locked door are just two of many elements in this case which combine together and corroborate each other in a manner that enables us to see the truth beyond a reasonable doubt.
Sunday, June 23, 2013
A Summary Of The Cassazione Ruling On Annulment Of The Knox-Sollecito Appeal
Posted by Machiavelli
[Above and below: justice-themed artwork in Cassazione; motifs are used all over the world]
1. Introduction
On June 18, 2013 the Supreme Court of Cassazione issued the official rationale for the sentence of annulment of the Hellmann-Zanetti verdict.
That verdict acquitted Amanda Knox and Raffaele Sollecito on the charge of murder and sexual violence, while finding Knox guilty of the crime of calunnia (obstruction of justice by maliciously placing false accusation against a person you know is innocent).
Previously I posted here a summary of the recourse to the Cassazione by the Umbria Prosecutor-General Dr. Galati and Prosecutor Dr. Costagliola which demanded an annulment of the appeal verdict. I also posted here a first summary report, from the March 25-26 Supreme Court hearing, when the Hellmann verdict was annulled and thus prosecution recourse was won.
The 74-page motivation report states clearly that Cassazione “accept the points of the recourse” from both the Prosecution and the Kercher parties, while they reject the Knox defense recourse.
While you will realize it yourself in reading it, I can say in advance that what the Supreme Court points out in the appeal verdict is a pattern of manifest violation of an unprecedented gravity. All those I know in the law professions have never seen, throughout their professional lives, a Cassazione bashing portraying such a concentration of flaws in one verdict.
Mostly written by Judge M. S Caprioglio (possibly including parts by Judge Severo Chieffi) the document features a sophisticated Italian language and a formal style.
The first half of the report is a summary of judicial events and arguments made by the parties through the previous instances. The second part basically dismantles all the points of reasoning of the Hellmann-Zanetti verdict, without spending too many words for each one of them.
2. A premise about the concept of legitimacy judgment
The second part is introduced by an explanation about what a “legitimacy judgment” is, about its scope and boundaries. The Court is called to assess 1) whether the judges of merit indicated reasons for their decisions, and 2) if reasons are logically argued and legally founded.
The meaning of “logically argued” is that the Court shall verify that the lower judge actually did take into consideration the evidence included in the trial file (“principle of completeness”), and if reasoning is consistent with them, and with the law. The Court “being a “court of legitimacy” [decides on legitimacy of the process that lead to conclusions, not on the merit] “does not assess directly the existence or the quality of the pieces of evidence, but may well assess the quality of reasoning about it and its actual consistence with the evidence in the file”.
So the legitimacy judges staying within their boundaries are not prevented from assessing whether the lower court followed logical criteria, meaning assessing if arguments used by the lower courts are plausible, as well as if their reasoning is “complete” and truthful with respect to the evidence file. The Supreme Court is also allowed to access the evidence trial documents for the parts that may conflict with the verdict conclusions.
The Court states that the present case is obviously based on circumstantial evidence, but points out how circumstantial evidence is not less powerful or logically less valuable than direct evidence.
While remaining within the boundaries of the legitimacy judgment, the Court notes anyway that at first sight in the Hellmann-Zanetti verdict there is an obvious “parceling out” of the pieces of circumstantial evidence. This means a lack of assessment also of each piece of circumstantial evidence, since the judge failed to check whether the possible flaws and lacks in the logical value of each single piece of evidence could be filled by crossing them and taking in account the whole set of them.
The Court also notes however that the judges’ conclusions also openly contradicted some of the pieces of evidence: they neglected or “overlooked” them in some cases, or dismissed some pieces on which the previous reasoning was based without offering adequate reasons. Moreover the pieces of evidence were also not “adequately elaborated”, and the pieces of reasoning about them were “not coordinated”.
3. The Amanda Knox calunnia
Reversing the order of topics from the Galati-Costagliola recourse, the Court deals first with the charge of calunnia for which Knox was convicted twice [obstructing justice by accusing a person who you know is innocent] (p. 41-44), since on this topic there is a converging of all recourses and unanimity by all judges. The appeal court had dismissed a possible link between the calunnia and the murder charges, but the explanation provided for that appears obviously illogical.
The Hellmann-Zanetti scenario - by which, they say, Knox may have voluntarily accused an innocent man just because she was pressed by investigators, thus for a purpose totally independent from the intent of obstructing the investigation on the charge of murder “is argued in a way that conflicts with and neglects the actual evidence documents”.
While Hellmann-Zanetti argue solely based on a police interrogation scenario as if the false accusation was an event confined within it, the Cassazione does not see Knox’s calunnia as a single event nor as a behavior limited to the situation of the interrogation, but rather as a prolonged behavior extending over a time of many hours and days (“perduranza in atteggiamento delittuoso”). Basically Knox goes on implicating Lumumba repeatedly, and she repeatedly provides false evidence, such as through her hand-written note “where she stands by what she declared” and by her subsequent behavior.
The Court also observes the evidence file contains evidence that was overlooked by Hellmann-Zanetti indicating Knox was aware that Lumumba was innocent, such as the recording of prison dialogues with her mother, where she says she feels guilty for having accused Patrick “a feeling of guilt implies an assumption that he was innocent”.
So the appeal court made mistakes because they lacked inference from pieces of evidence, mainly neglecting to argue elements like the discussion with her mother, her written memoir including the repetition of pieces of false testimony and her court admissions that she wrote her memoir voluntarily.
It points out (p.42) that Knox albeit young was a “mature” person meaning she had an adequate cultural level and education and would be able to regain control of herself afterward even if she had suffered a coercion or a moment of emotional breakdown. Knox would be basically able to understand the gravity of her declaration over a period of time.
If only one single event, such a false accusation caused by pressure, breakdown and stress could have been argued “in the abstract” in the way Hellmann-Zanetti did, considering the calunnia as a choice resulting from an episode of emotional breakdown, but the Hellmann-Zanetti reasoning neglects the actual documents and is not fit to explain the persisting and repeated false testimony.
The Supreme Court reminds that “information about commission of a crime” can be derived also from the interrogation of a police suspect, even from information released by a suspect who had not be read their rights under Art. 64, even from statements that are not usable for lack of defensive rights, and even that in the event the interrogation is to be nullified.
In all these cases the suspect commits a calunnia whenever he/she voluntarily and falsely accuses someone to defend himself/herself (so there can’t be any consequential link between the legal status of the interrogation, and the charge of calunnia or the collecting of information about a crime).
The Cassazione also points out that the Hellmann Zanetti rationale is illogical when it states that “the easiest way out” for one guilty “would have been to accuse the real author of the crime”. The inference obviously does not consider that she may be herself among the real authors of the crime (especially since she lived there and had access to the scene of crime).
The Court also points out the failure to properly address the importance of the details contained in the Knox false testimony (the detailing of this is in subsequent chapter).
4. The crime scene staging
The Cassazione accepts the Prosecution General point of recourse complaining about the failure to consider the evidence of staging a burglary, and says the recourse is “founded”. The pieces of physical evidence suggesting a staging are not satisfactorily argued or refuted by Hellmann-Zanetti.
The Hellmann-Zanetti appeal court also argued in favor of the “lone perpetrator scenario” by introducing some assertions which are unacceptable since they openly “collide” with the trial documents or are unfounded. Basically their reasoning was hinging on elements such as speculations about Guede’s personality, they introduced allegations like a purported habitual burglar profile, not backed by any evidence.
On the other hand they bring in arguments “like that about a glass shard in Meredith’s room” which have zero implications in their scenario (because they are equally good to argue in favor of a staging).
They should have argued “in favor or against” about evidence of burglary/staging based on the assessment of the pieces of physical evidence found on the scene, like argue against Massei’s reasoning about the ones mentioned in the first trial, say why it was not good. On the other hand the break-in scenario, as described by Hellmann-Zanetti, is affected by “multiple logical ruptures”, details are not explained consistently.
Moreover the Court says a scenario involving the issue of burglary/staging should be argued based on the overall evidence about Rudy Guede, meaning a scenario involving the whole of what he had done, like explain all the traces that show his movements, for example the trail of bloody shoe prints showing that he left the murder room straight away.
There are aspects of the reasoning that are “tautological” (circular and begging the question).
The Hellmann-Zanetti reasoning on the same point is also neglectful of part of the file sources (is based on a “partial access to information”), for example it overlook testimonies concerning wounds on Guede’s hands, dismissal of glass on top of items. To sum up, the rationale employs inadequate inferential principles and incorrect information.
5. Man in the park Curatolo’s testimony
Hellmann-Zanetti had dismissed the testimony of Antonio Curatolo.
Their statement about the reliability of Curatolo is totally “censurable”, since it is “apodictic” [assumed as a premise “true in advance” without explanation], and not based on thorough analysis of the data. In particular when they state that he tends to confuse days dates: such assertions are both unfounded and illogical since conflicting with the testimonies of himself and of others witnesses. The Court does not assess the reliability of Curatolo as a witness, but notes that the reasons brought by Hellmann-Zanetti are unacceptable.
The possibility to explain elements of the testimony by mistake of date by the witness, so placing his testimony possibly on Oct 31. is conflicting with the other evidence, namely the testimonies showing the defendants were elsewhere on the 31st. Moreover the elements used for the argument are logically weak compared to the strength of the elements showing Curatolo correctly “anchoring” his testimony to real events.
Then the lower court introduced “as further basis of reasoning” assertions in order to “jump” across the whole of Curatolo’s testimony: they based their conclusion on the asserted “decaying intellectual faculties”, on his use of heroin, and on his modus vivendi.
However they do not offer any element of evidence about the alleged mental decay, they fail to show this through analysis of his testimony, and in fact they completely fail to analyze the actual content and consistence of his testimony (lack of “completeness”). The use of heroin and his modus vivendi (as a “bum”) is also not acceptable as a reason for dismissing reliability of a witness, this would be an arbitrary judgment that violates the principles of witness assessment.
Since the witness was very assertive, consistent and felt certain about his testimony, the court would need a logically strong argument “based on some other finding or certainty” in order to dismiss his reliability (dislikes about his lifestyle or disproven speculations about date mistakes are not).
6. Shopkeeper Quintavalle’s testimony
The Court pretty quickly dismisses the Hellmann-Zanetti conclusions about Quintavalle, on grounds that they are based on a “cherry picking” and twisting of information from the documents, basically they misinterpret and neglect to consider the actual content of the Quintavalle’s testimony.
In fact the summary description of Quintavalle’s testimony that was offered by Hellmann-Zanetti is basically a misrepresentation based on incomplete parts of the testimony and overlooking of others, and flatly contradicts the content of actual testimony (it is not what Quintavalle and witnesses actually said).
It is not true that Quintavalle remembered about recognizing Knox one year later, documents show that he was sure about her identity from the early investigation - the Cassazione quotes some of Quintavalle’s statements where he remarks her circumstances and features.
Hellmann-Zanetti reported some bits of information in a fragmentary fashion without taking into account the explanations of Quintavalle and the answers he actually had given through the investigation.
The appeal court should have analyzed the whole of what the witness actually said, and crossed the statements with the existing information, instead of selecting cherry- picked bits and pinned on them a meaning out of context.
The Cassazione is not interested in assessing the reliability of the witness Quintavalle, but they find “intolerable” that Hellmann-Zanetti give a false picture of the testimony, in a way disjointed from the true content of the trial documentation.
7. The failure to consider implications of Knox’s memoir
The Prosecutor General was right in blaming the Hellmann-Zanetti court for neglecting to evaluate the hand written note written by Amanda Knox as a piece of circumstantial evidence. The appeal court dismissed the memoir as useless on the sole basis that it does not have a substantial meaning (actually: that it did not represent the truth).
But this argument is insufficient (and circular); it is also “structurally” inconsistent because the same Hellmann-Zanetti court used the very same note as a piece of evidence in the calunnia charge, and cannot be logically linked to pressure because she wrote it alone on her own initiative and not during an interrogation.
The Court details the content of the note pointing out that in the hand written memoir there is a repetition of some of the details from her previous “spontaneous statements”, which are now only set in an oneiric [dream-like, surreal] frame (they “seem unreal”) but yet they are the same peculiar details from the false accusation.
The Court also highlights the new “sibylline” [ambiguous and threatening] accusation by Knox against Sollecito (remembering blood on his hands, but probably from fish).
The next appeal court will need to build some actual arguments to explain these features, taking in account that “as for Hellmann-Zanetti” she wrote that while she was fully capable to understand and without any pressure from authorities.
The contradictory nature of the appeal court reasons on this point is “obvious”.
8. Failure to consider judicial files from Guede’s definitive sentencing
The Court spends a bit more than one page to explain why the prosecution recourse is correct in their complaint on this point as well. In fact Hellmann-Zanetti did accept the Guede verdict as a piece of circumstantial evidence, but argued that that piece was “particularly weak”.
However, the problem is that in reality they did not assess it at all in order to come to that conclusion, but they rather just completely ignored the whole content of the Guede verdict reports.
The court is not authorized to dismiss a piece of evidence which they formally entered without assessing it, just on “in limine” reasons. Therefore the decision openly “violates the law” (p. 55).
The Rudi Guede verdict motivations theoretically might be found “particularly weak” as a piece of circumstantial evidence, but it can’t be ruled “particularly weak” on the reasons declared by Hellmann-Zanetti.
The appeal court did not try to argue the logical passages of the Guede verdict in order to assess it and explain why conclusions were weak, instead they decided to ignore it, not based on the analysis of its content but instead based on the legal nature of the document. This is a patent violation of the law, and a conflict with the trial documents.
Thereafter the Hellmann-Zanetti court steered the discourse onto the alleged “habitual criminal” profile of Guede (an interpretation based on speculation) without explaining the reasons for building a scenario about Guede so far-fetched compared to the findings in the trial’s files about Guede.
Moreover the appeal court adds a further, false and illogical argument when they state that, even if Guede was proven to be guilty of concurring with others, this does not have implications for Knox and Sollecito at all because those accomplices could have been other people. The alleged lack of implication is false under logic, because determining that Guede acted together with others would additional information on the crime, which could be crossed with other information (such as about who had access to the apartment etc.).
The Court also remarks that the trials had found and explicitly declared Guede innocent of the crime of burglary, and the appeal court also fails to deal with this in their alternative scenario.
The appeal court also failed to consider other information from the findings of the Guede trial, and explicitly contradicted it without justification, for example they neglected to consider how the courts had determined through multiple witnesses that Guede actually did not have any injury on his hands on the night after the murder [Guede had cuts on his hand, but many days later, not the night after the murder].
9. Declarations of Rudy Guede at the Knox-Sollecito appeal
There is an open violation of the law in the Hellmann-Zanetti motivations, in the particular statement where they assert that Guede’s declarations in the courtroom were unreliable for the reason that he refused to undergo a questioning.
The reason brought by Hellmann-Zanetti to rule unreliability is illegitimate when referring to the specific declarations of Rudy Guede in the Knox-Sollecito appeal, and legally not true.
First, the Cassazione notes that the decision to refuse a questioning pertaining to a crime is within the rights of a witness who is implicated in the same crime. If the witness decided to invoke this right, the courts and the parties are bond to enforce it and limit their questions within topics unrelated to the crime, and under the law, no conclusion about reliability/unreliability can be drawn solely from the witness’s decision to refuse to answer about a topic in which he was implicated as a defendant.
No court could conclude that a witness is unreliable on the sole ground that he enforces his rights.
Moreover, preventing an interrogation of the witness on such topics is just a duty of the Prosecution and the Court, not a ruling “in favor” of the witness (and co-defendant).
The Prosecutor General had summoned Guede to testify only about the topic of things he said during conversation with inmates and letters he wrote from prison, and since the witness invoked his right as an ex co-defendant the Prosecutor General had the duty to enforce the limitations on his questioning.
It was the Sollecito-Knox defence attorneys who attempted to place questions directly on the topic of the events of Nov. 2, 2007, and they asked Guede to confirm the content of his letter directly pertaining the Kercher murder. The defence asked him to confirm if one particular statement of the letter he wrote was true, and the statement of Rudy Guede confirming his Knox and Sollecito implication and accusing them of murder was only in response to this, stemming from the defence question.
The declaration of Rudy Guede might be considered irrelevant as a piece of circumstantial evidence; and the witness might be assessed as unreliable by a court, but this cannot be done based on the illegitimate grounds brought by Hellmann-Zanetti. You cannot have, as an argument for unreliability, the fact that Rudy Guede chose the legal option of not undergoing a questioning about the murder.
The Cassazione also notes how the Hellmann-Zanetti report details some of Guede’s declarations in order to argue for his unreliability. However the cited statements from the Skype conversation with Giacomo Benedetti are used by Hellmann-Zanetti just to build an illogical argument: they say Rudy should have logically indicated the true culprits in that call, the fact that he does not accuse them is an indication that they were not there.
This argument is flawed (besides contradicting the very same claim about Guede’s unreliability). The Cassazione sees the weakness of reasoning about the Skype call as “symptomatic” of the lack of logical consistence of the appeal court on the topic of Rudy reliability, and it also reveals that the criteria they are following are not compatible with logic.
The appeal reasoning is also contradictory on further points, as Hellmann-Zanetti consider some declarations of Guede “reliable” without logical reason - like about the timing of death, where the appeal court considers Rudy’s statement reliable without considering that he had an obvious logical interest and an attitude of misleading the accusations by providing details that were conflicting with evidence.
Paradoxically, had the Hellmann-Zanetti court followed the same criteria on other declarations, they should have considered Guede’s declarations “reliable” when he says “Amanda is not implicated”, as well as when he says - talking about Sollecito - “I don’t know, I think it’s him” . The appeal court did not follow the principle of completeness and they did not consider these.
The Hellmann-Zanetti report also fails to consider that Guede was assessed as “totally unreliable” by his trial judges (they could have used such finding in documents to argue unreliability of his statements instead; if they had only read the Guede verdict). In other words they worked inconsistent arguments out of on an incomplete set of data.
10. The refusal to listen to the whole testimony of witness Luciano Aviello
The appeal trial was procedurally flawed also by the refused to call Luciano Aviello before the court again, as he was supposed to complete what was left out of his testimony.
Luciano Aviello was called as a witness by the court in accepting a defence request; after his hearing, during the course of the trial, new elements emerged “new witness declarations” that created a necessity to put some further questions to the witness.
The Hellmann-Zanetti court refuse to call back the witness to complete the questioning, despite that he had already been accepted as a witness by the same court. So the witness was basically prevented from completing his testimony.
The Cassazione does not argue about the reliability of Aviello as a witness (nor about the relevance of his testimony) but points the finger against the inconsistency of Hellmann-Zanetti’s ruling, which causes their decision to be illegitimate.
The refusal to call back the witness to complete his testimony at a second hearing was manifestly inconsistent, since that violates the principle of completeness (once you call a witness, you need to be ready to listen to all that he has to say).
The court’s decision was “unacceptable” (p. 58) also because it was based on arbitrary criteria - as Hellmann-Zanetti said “another hearing of the witness is not indispensable” on the ground that minutes of his interrogation were entered in the file: the decision violates the principles of usability of documents and the rules of witness hearing.
The appeal court completely ignored the reasons for and the new content of the topics Aviello was to be questioned about, and did not assess them. Instead, they violated articles 511, 511bis and 512 of the procedure code by “replacing” it with non-usable minutes of his interrogation.
The judgement of “non-indispensable” was also unfounded, manifestly so compared to the importance of the topic which referred to the explanation and completeness of Aviello’s testimony. A plot concerning a secret agreement in order to offer false declarations in court is obviously a topic with some relevance.
There is also a violation of the principle of confrontation, because Aviello was a defence witness and the Prosecutor General had the duty of carrying on an assessment of the witness within the appeal trial by cross examination (Hellmann-Zanetti’s decision allowed only the piece of testimony that could be favorable to the defence, and they cut off the part that could be unfavorable).
The motivation is also incomplete as Aviello is ruled “unreliable” a priori because of his retraction (which Hellmann-Zanetti apparently considered reliable) and irrelevant as a piece of evidence without actually listening to the content of his testimony, to what he had to say.
The testimony of Aviello could not be “cut off” that way and could not be considered unreliable a priori without listening to it.
11. The re-framing of the time of death
The Court devotes four pages to explaining how Hellmann-Zanetti’s reasoning about re-location of the time of death is illogical.
The appeal court refused to anchor the timing (and further features, noises etc.) of the screaming, to the time frame offered by two witnesses, Nara Capezzali and Antonella Monacchia. They also dismissed the testimony of Mrs. Dramis. Instead they accepted the defence idea of determining the time of death based on the statements by the “unreliable” Rudy Guede. They put the time of death in relation to the phone calls, around 9pm.
As for the Cassazione, such an argumentation path is woven through with “conjecture and illusions” (p. 61). The bases chosen for inference are devoid of any factual validity, as opposed to the elements of evidence which were discharged, which are instead extremely relevant.
The Hellmann-Zanetti report refutes the elements (testimonies of Capezzali, Damis, Monacchia) with arguments which are riddled with obvious, multiple inconsistencies [like the claim that a half-an-hour error would make the testimony unreliable, or that Nara’s looking unsure between the dates of Nov. 1. or 2. makes the scream attributable to something else, as if she was used to hearing blood-curdling screams every other day and as if the Monacchia confirmation testimony didn’t exist].
So the Hellmann-Zanetti rationale dismisses as “unreliable” or “useless” some very relevant and consistent testimonies (from witnesses they declare “credible”), while on the other hand, it accepts as “reliable” a dictum by Rudi Guede and builds a theory of the time of death on it - despite the defence itself having pointed out how Guede was totally unreliable and was also very able at changing and twisting every detail of his story, all the time and on any occasion, from the earliest stages of the investigation.
The Cassazione states - without any possibility of question - that it is manifestly obvious that things Guede consciously stated on the Skype conversation could never be used as the main credible source to build an inference about the time of death.
Moreover the Court points out that in fact the appeal court cherry picked just one statement by Guede, regarding the time of death, and considered it “credible”, while neglecting to note how within the same Skype conversation Guede also made a number of assertions about Knox
These included statements that place evidence against Knox and Sollecito. While in the same conversation Guede says “Amanda was not implicated”, he also states that Amanda was in the house; he states remembering that in Romanelli’s room the window appeared intact, and denied having broken it, he inferred that Knox and Sollecito must have done it; he also assumed that they must have altered the scene of the crime and the victim’s body; he also said he thought the man he saw was probably Sollecito.
The Hellmann-Zanetti court simply neglects to consider and deal with the whole information from the Skype call, which they instead elect to reliably source solely regarding Guede’s declaration about the time; so “besides illogicality in the unfounded dismissal of other testimonies” their method of processing information violates completeness and consistency.
The appeal court is also extremely weak where they try to fill the logical gap by drawing further inference from Meredith’s phone records. The attempt to link a mistaken phone call with the time of death is simply inherently implausible, a wrong call is a trivial event and there is no reason to make such link; also the delay by Meredith who did not call her mother again within the next half an hour is a trivial element which doesn’t have a specific implication upon the time of death.
The worst Hellmann-Zanetti did on this topic is the downplaying and underestimation of the testimonies of the three witnesses - Capezzali, Monacchia and Dramis.
In fact Capezzali described the scream in detail, picturing it with a number of features - “harrowing”, “unusual”, “long”, “isolated” and stressed its uniqueness and added additional information about noises (gravel path etc.) unequivocally linked to the cottage, she made clear that she never heard something similar before.
Monacchia was even more precise about the timing, since she went to sleep at 10.00 pm and slept for a while; Dramis came home back from the cinema at 10:30 pm. Their timings converge in placing the timing of an isolated scream later than 10:30 pm.
On the basis of Nara Capezzali’s testimony, it is absolutely unreasonable for the appeal court to assume that Nara could confuse the scream with the usual other “noises” of “junkies”.
Dramis as well referred to having been awaken by some noise of a kind she never heard before. Hellmann-Zanetti ruled out the time frame offered by the testimonies of Monacchia and Dramis for no reason except that they gave their testimony one year later; this is a totally insufficient and illogical reason.
As for considering Rudy as a reliable source, instead it is acknowledged that Guede was obviously lying and following a pattern of behavior/strategy of providing a flow of false details to muddle investigation.
The Court adds that neglecting the importance of information about the scream seems even more stunning when you consider the fact that the scream coincides with a detail that was mentioned in an early testimony of Knox [and even in declarations of Guede].
12. The court appointing of new experts and their management
This point may be the most interesting because it is the only topic on which the Supreme Court doesn’t agree entirely with the Prosecution General.
The Prosecution’s complaint was “˜partly’ correct about objecting to the legitimacy of the appeal court appointing new experts.
The point of recourse is founded insofar as the appointing was insufficiently motivated in the rationale: the reason expressed ““ basically addressing just the judge’s lack of scientific knowledge ““ is inconsistent, and also inadmissible because it violates the principle of non-delegation of judgment.
However, the judge’s decision of appointing experts itself should supposedly always be based on assessments of the merits of the evidence. The Cassazione cannot decide on the merits, so the decision about whether more expertise is necessary or not, which was supposedly taken based on the evidence available, is an exclusive competence of the judge of merit and the High Court can’t discuss it.
The absence of consistent motivations for the appointing reveals an insecurity of the appeal court about the evidence, which they (rightly or wrongly) attributed to incomplete information. However, the peculiar way the appeal court subsequently managed the experts is censurable.
The experts decided to not test the new DNA sample, despite the fact that the amount was 120 picograms [so much more than “˜5 picograms’ as declared by Vecchiotti in court, ed.], on an arbitrary decision by only one of the experts, on the ground that it was a “˜Low Copy Number’. Such a decision ““ itself unlawful ““ was subsequently subscribed to by the appeal court.
When the Prosecution General and consultant Prof. Novelli requested to go on testing the sample, since it was perfectly possible to do so, the court denied, arguing on the false assumption obtained by misquoting Novelli as saying the required techniques were “in the experimental phase”.
This was a misquote, a misinterpretation of a statement by Novelli, and the Court finds it to be false in the documentation: Hellmann-Zanetti incurred a gross misrepresentation of reality as they called the new technology “experimental” and “unreliable”.
Beside this false claim, it was on principle unacceptable that the expert Carla Vecchiotti refused to carry out a test, and that the judge accepted such a decision.
The expert’s decision violated the judge’s previous ordnance, because the written order said that they must require the court’s opinion before taking any decision, not after; the judge’s change also violated their own ordnance, because it withdrew from the previous tasking.
The modus operandi of the court therefore was to let an expert make decisions about their own mandate, based on their own judgment about the subsequent value of their finding in court.
But the experts had no authority to reduce or re-frame their own mandate, it is not up to them to preemptively decide whether their finding is reliable or not and anyway they cannot refuse to accomplish an order or to bring a finding into court; no matter if their finding is unreliable as a piece of evidence, they have to bring it anyway to court discussion, and its value will be determined through court discussion.
Hellmann-Zanetti were incomplete on documenting Novelli’s positions which were expressed during the experts’ testing and are in conflict with the Vecchioti-Conti decisions. They could have chosen Vecchiotti’s positions, but only after having dealt with the arguments expressed by the other side too.
The decisions by which Hellmann-Zanetti managed the experts’ work is also in violation of the principle of equality and the right of all parties to bring evidence, since they ordered a perizia [experts investigation] but then they prevented it from being fully accomplished: they only allowed the research activity by which the defence was seeking evidence, while they prohibited those activities requested by the accusation parties.
Once they ordered new scientific tests, the order should have been completed without any a priori unjustified preclusion. Their unbalanced modus operandi was an alteration of the evidence information set, and a violation of the law (p.66), and cause their motivations to be manifestly illogical.
13. The DNA evidence
The appeal court passively accepted the new experts’ conclusions, while ignoring the opinions of the witnesses Novelli and Torricelli. Their arguments had a comparable degree of importance, and the witnesses had at least the same degree of expertise and authority than the judge appointed experts.
As the judges chose to believe the conclusions of some experts in disagreement with others, they are not obligated to demonstrate themselves that such conclusions are true, but nonetheless they are required to report the arguments made by the other side and they need to deal with them in a reasoning.
This is especially necessary if the expert witnesses have a great expertise and credibility, at least comparable to that of the judge-appointed experts.
Hellmann-Zanetti accepted the C&V report entirely and passively, without confronting it with the opposite arguments and objections. Such procedure is illegitimate, since objections and arguments were not even mentioned.
The Casssazione recalls, among the not-mentioned and not-dealt-with arguments, that Prof. Novelli had calculated a probability of misinterpretation of the alleles on the bra-clasp; and Dr. Torricelli analyzed the Y-haplotype on 17 loci and found no match except Sollecito.
Novelli also testified that recommendations and protocols do exist, but the operator’s competence and common sense in scientific assessment is more important. He also said that the researcher should be always allowed to depart from standard procedures when single situations suggest so.
The judge-appointed experts themselves ruled out laboratory contamination. Novelli analyzed the series of samples from all 255 items processed and found not a single instance of contamination, and ruled out as implausible that a contaminating agent could have been present just on one single result.
Also Dr. Stefanoni testified that the knife was tested 6 days after an alleged contaminating and Vecchiotti confirmed that the time interval would lead to rule out laboratory contamination.
Hellmann-Zanetti also ignored or twisted information regarding the crime; it ignored the finding that no instance of Sollecito’s DNA was found on the scene as a possible contamination source despite may environmental samples; the High Court labels as false ““ going by the evidence file - Hellmann Zanetti’s statement saying that “everybody had walked around into the house”.
Also Cassazione notes that deterioration of an evidence scene due to time would normally cause a loss of DNA information, not an appearing of new information not found elsewhere.
So Hellmann-Zanetti did not take in account nor cite a huge part of the credited opinions and information; the total failure to mention such a major chunk of information by Hellmann-Zanetti makes their judgment about the topic illegitimate, and shows their “˜unacceptable’ modus operandi.
However the most surprising point of Hellmann-Zanetti ““ in the Cassazione’s view ““ is their uncritical accepting of the theory that contamination is “possible”, without linking the scenario of likeliness of contamination to any factual finding or datum. They actually built an axiom on a straining, a cherry picking and a falsifying of information.
The Court also reminds how Novelli testified that, in order to have a plausible scenario of contamination, you need to prove the existence of a source, of a vehicle of it.
They note from the documentation that negative control did exist, and that Vecchiotti & Conti were “˜superficial’ in assuming they did not exist just because they were not included in the technical report.
The Supreme Court then points out that:
(1) the collection of items was performed correctly contrarily to Hellmann’s suggestions, all activities of collection and laboratory tests were done before the eyes of defence experts, the environments were not contaminated, and the defence experts that were assisting did not raise any objection, they complained about things only much later;
(2) the arguments and explanations dr. Stefanoni subsequently gave were not adequately refuted;
(3) the picture of correctness in procedure causes the burden of proof in order to claim likeliness of contamination to rest squarely on the shoulders of those who claim it.
The law does not admit to set out the reasoning from a sheer “falsification” paradigm (meaning: it is wrong to assume that the prosecution has any burden to demonstrate the absence of contamination). Such an assumption would make it impossible to collect any piece of circumstantial evidence or do any scientific test at all.
The argument that the evidence should be dismissed as unreliable because contamination is “˜possible’ is totally illogical. You can’t dismiss pieces of evidence on the ground of a mere “˜possibility’ (or we should dismiss all pieces of evidence collected on all cases).
An alleged contamination event needs not to be only “˜possible’ (everything is possible), it needs to be “˜credible’. In order to consider if contamination was likely on a specific instance, some factual evidence of the specific causal circumstance is needed.
To bring a claim about “˜contamination’, while you don’t need to actually prove that the event of contamination occurred, you do need to prove a factual and scientific datum that would cause that specific contamination event to be “˜credible’ (probable).
In order to claim a contamination likely occurred, pointing at issues about professionalism of forensics is not enough. The factual existence of a specific “˜vehicle’ of contamination needs to be proven [like presence of a source, evidence of contamination in other results, explanation of the dynamic etc.].
To refute the scientific finding you need something much logically stronger than a complaint referring to ideal practice and protocols and the absolute generic concept of “˜possible’. The claim about a fact such as a specific instance of contamination requires “˜factual’ circumstances and data, “˜specific’ and “˜real’.
14. Analysis of prints and other traces
The objections by the Prosecution General on this topic are correct. The appeal court motivations manifestly lacks logical rigor in multiple instances.
The Court cannot object about the attribution of the bathmat print since the topic is strictly in the merit. But the implied scenario where Guede’s left shoe comes off after he walked on the pillow is implausible: it doesn’t explain why an Adidas shoe would come off, and it doesn’t reconcile with the evidence documentation.
Guede using the small bathroom to wash himself, and then locking Meredith’s door, is in conflict with the trail of shoeprints only showing him walking straight out. It makes no sense to assume that he lost a shoe just because there are blood prints of the right shoe alone.
About the luminol foot prints, it is implausible to assume that those prints were left on some other occasion, since ““ in the Court’s view - luminol basically indicates blood (and in no other circumstance could someone produce such a set of prints in blood). The Cassazione notes that the Massei scenario to explain the footprints was far more plausible, and Hellmann-Zanetti bring no reason to refute it.
The scenario described by the first instance trial court was also more complete, since it was able to connect the dots on several other details, including the “˜mixed traces’ of blood in the small bathroom, on the light switch, etc.
The only argument brought by Hellmann-Zanetti was the absence of Sollecito’s DNA from the blood/luminol stains. For the rest it was an “apodictic” assumption, so that they did not deal with the logical points that were made on the first instance.
15. The declarations of Ms. Knox
The Hellmann-Zanetti verdict was “˜critically’ flawed, as claimed by the Prosecution General, also on this point. This topic area falls into the big picture of parceling out of the pieces of evidence which was done by the appeal court.
The Supreme Court notes that Hellmann-Zanetti just assumed that there was no circumstantial evidence in Knox’s declarations, but they falsely implied that it was about behavioral and emotional evidence. Instead it was about Knox’s revealing a knowledge of details from the crime scene.
The Court mentions some of Knox’s statements conflicting with evidence and testimonies: she told Meredith’s friend of having found the body, she said it was before “˜a closet’, that it was covered, that Meredith had her throat cut and that she suffered a great blood loss. The first degree court reports Knox saying she didn’t see into the room, that she was far away in the corridor when it was opened.
Hellmann-Zanetti fail to mention this set of elements or clues, and they also neglect to consider the issue of Amanda’s phone call to her mother in the middle of the night and subsequent calls.
The Cassazione observes that Knox was unable to “˜remember’ the 12:47 phone call and did not explain its content; but Hellmann-Zanetti mistakenly considered such a phone call as occurring “˜at the same time’ of Sollecito’s calls to her sister and to the Carabinieri. In fact ““ the Court notes ““ Knox called her mother three minutes before Sollecito called his sister, she was first person to make any phone calls.
So Knox’s “˜downplaying’ of her phone call ““ her suggesting a total vague content, a sense of confusion and nothing important ““ and the early time of it, are not considered details worth of mention by the Hellmann-Zanetti court, and they are not put in relation to Knox’s inside knowledge about details of the crime (if she didn’t know anything at all, why does she call her mother to express vague confusion, worried about something she doesn’t know?).
What the Court finds objectionable is that Hellmann-Zanetti simply made assertions and steered on, talking about the subjective emotional reactions, without confronting any logical argumentation made by the lower court, and they failed to do anything to demolish the first instance reasoning.
16. Final indications
The Hellmann-Zanetti verdicts are annulled. The new appeal court will have to fix all the critical legitimacy flaws pointed out following the Cassazione indications.
The new appeal Judges will have to assess the pieces of circumstantial evidence in a global an unitary way, to assess whether the relative ambiguity of each piece of evidence can be overcome by the overall system between them.
The result of such an assessment will have to lead to a decision not only about the presence of Knox and Sollecito on the murder scene, but also about their possible roles in the crime, and to decide among an array of possible scenarios: from a premeditated intent to kill to possible scenarios that may involve a non-premeditated decision to murder as a departure from an original plan to have a non-consensual sex game, or involve a forced sex game that run out of control, or a similar situation.
The recourse submitted by Knox on the point of her conviction for calunnia is rejected. All points of recourse 1-10 by the Prosecution General are accepted, the appeal trial is annulled on grounds of manifest illogicality, inconsistence and violation of law for all conclusions of acquittal; instead, the conviction for the charge of calunnia stands, but the denial of aggravation in finding it not-linked to the murder is annulled.
Knox is condemned to pay the legal expenses sustained by the State and by Lumumba. If found guilty, Knox and Sollecito will have to pay also the expenses sustained by the Kerchers.
17. Considerations arising from the report
My final thoughts. Since the appeal verdicts were annulled, the legal situation is that Knox and Sollecito stand currently convicted in first degree and awaiting the appeal, which they had launched against their convictions.
They had already got a fair trial, before a court presided over by Massei; now they are appealing the verdict in a Florentine court. An appeal ““ under the Italian criminal procedure ““ can take the shape of a new trial ““ usually, partly ““ and so open again sessions where witnesses are heard and evidence are entered.
However, in many cases this doesn’t happen, and the appeal doesn’t look like a full trial. Anyway, even if the trial phase is re-opened, what may look like a trial de novo is in fact only an extension of the previous one; meaning: the trial de novo in fact doesn’t start from scratch, but starts from the documentation already existing and incorporates the previous proceedings.
The main piece of documentation now incorporated is the 2013 Supreme Court verdict.
Whatever appeal court deals with the Knox-Sollecito proceedings, they will have to set it within the guidelines, limitations and indications established by the Cassazione.
The Cassazione has dismantled and declared illegitimate all the procedural points by which Hellmann-Zanetti had come to verdicts of acquittals on the charge of murder. This shows how the appeal judgment was obtained only thanks to a dreadful series of procedure errors.
Unfortunately, actually not all errors in the Hellmann-Zanetti rationale could fall under the radar of the supreme court. The appeal court didn’t make only legitimacy errors, they also committed obvious mistakes in the merit of evidence assessment (and, not even all legitimacy issues were actually brought to the attention of the Supreme Court of Cassazione).
Examples of mistakes in the merits by Hellmann-Zanetti: they attributed the bathmat footprint on two unproven assumptions:
(1) The first was that the person who left it must have got his foot wet with blood by walking on a hard, flat surface smeared with blood; an obviously unfounded assumption, actually proven false since there was no hard flat surface covered in blood where anyone had walked (blood got on the murderers feet from soaked towels).
(2) The second ““ idiotic ““ “˜reason’ was the observation that Sollecito’s toe in the sample print looked more triangular (!) than the bathmat print’s (it is actually obvious that any object would leave a print with slightly more rounded shape on the bathmat compared to the sample paper, since the bathmat is a soft surface).
Another one was the claim that the pattern of footprints in luminol could be found in any apartment and be produced in any innocent situation (in a non-blood substance) but somehow they “˜forgot’ to mention what kind of likely substance that could be, and what plausible dynamic - except shuffling on rags or mat ““ could have produced them.
Flaws in the rationale and procedure are surreal, like maintaining that Knox’s written memoir is not evidence that she lied because its content is false. Or appointing experts to test DNA samples, then refusing to test the sample despite it’s being more than 120 picograms.
Even kids could spot the obvious logical errors on evidence assessment in the Hellmann-Zanetti rationale.
The refrain of factual errors and legitimacy/procedure violations is so serious that I can hardly believe any Magistrate of the Republic can make such errors in good faith.
Despite the sophisticated and formal language, as you may have understood from this summary, the Cassazione arguments are actually very simple. In fact the errors were very clear and obvious from the beginning - to quote PMF poster Popper “even a child would notice them immediately” - that in fact the Supreme Court looks like pointing the finger at a naked emperor.
The present Cassazione ruling does not leave any realistic hope for Knox and Sollecito to be acquitted on appeal. They have a right to appeal under Italian law. Though their appeal, when carried on within the rules and principles of law, looks ““ like most appeals ““ basically desperate.
Their actual chances of being acquitted by a Florentine court look essentially zero, because the court won’t be allowed to employ the key arguments and the path of reasoning followed by Hellmann-Zanetti to come to an acquittal verdict; all these logical tools are illegitimate, and hardly any judge could fix them, nor come to a “˜not guilty’ verdict by following other logical ways.
The only positive legal outcome in realistic terms for Knox and Sollecito now consists in seeking leniency or lesser charges based on claiming minor roles, maybe even by attempting to accuse each other.
Either that or testifying to the truth, seeking mitigating factors like psychological state and age, or showing remorse.
Sunday, June 16, 2013
Questions For Knox: Do You Really Think “False Memories” Claim Framing Italians Yet Again Will Help?
Posted by Our Main Posters
[You say Madison Paxton found Kassin? So why did Bruce Fischer and Sarah claim to have done so??]
1. Your Real Persona, Widely Observed
Remember that Italians have seen a lot more of the real you than most Americans ever have. Italians all saw the real you described here and here.
That is why maybe 95% of all Italians long ago concluded for your guilt. At times you can come across as winning but, as there on the stand, too often as brash, sneering, sharp-elbowed, humorless, uncaring, and self-absorbed.
That is the Knox that put off many who encountered you in Seattle, it is why you had Halloween largely alone, and why you put off almost everyone you encountered in Perugia. Including everyone in your house in Perugia, and most in Patrick’s bar - and this literally in less than a month.
The “lost little girl” persona, the “chaste girl who never did sex and drugs” persona, the “diligent girl who studied so hard” persona, and the “they all want to get me because I am so fantastically cute” persona you or your agenda-driven shadow-writer put in the book have many people who have seen a lot of you in strong disbelief.
Can you name even one good friend who still stands by you in Perugia, given that even Raffaele Sollecito has placed you at the brink of a cliff?
By the way, this is not an unkind group, mostly comprised as it is of professionals, and some surprising things you yourself said in your book confirmed a suspicion about untreated root causes that we mentioned here.
2. Pages 270 to 272 Of Your Book With Your False Claims Highlighted
Let us first quote what you claim about your interrogation as “explained” by Saul Kassin who had at this point diagnosed you only long-distance and talked with not even one person who was there. False claims are shown in bold.
Thankfully Madison had researched the science on false confessions. She found Saul Kassin, a psychologist at John Jay College of Criminal Justice in New York. A specialist in wrongful convictions, he took the mystery out of what had happened to me.
Before my interrogation, I believed, like many people, that if someone were falsely accused, they wouldn’t, couldn’t, be swayed from the truth while under interrogation. I never would have believed that I could be pressured into confessing to something I hadn’t done. For three years I berated myself for not having been stronger. I’m an honest person. During that interrogation, I had nothing to hide, and a stake in the truth “” I desperately wanted the police to solve Meredith’s murder. But now I know that innocent people often confess. The records kept of people convicted of a crime and later exonerated by DNA evidence show that the DNA of 25 percent of them didn’t match the DNA left at the scene. The DNA testing showed that one in four innocent people ended up confessing as I did. And experts believe that even more innocent people confess, both in cases with and without DNA evidence.
According to Kassin, there are different types of false confessions. The most common is “compliant,” which usually happens when the suspect is threatened with punishment or isolation. The encounter becomes so stressful, so unbearable, that suspects who know they’re innocent eventually give in just to make the uncomfortably harsh questioning stop. “You’ll get thirty years in prison if you don’t tell us,” says one interrogator. “I want to help you, but I can’t unless you help us,” says another.
This was exactly the good cop/bad cop routine the police had used on me.
Besides being compliant, I also showed signs of having made an “internalized” false confession. Sitting in that airless interrogation room in the questura, surrounded by people shouting at me during forty-three hours of questioning over five days, I got to the point, in the middle of the night, where I was no longer sure what the truth was. I started believing the story the police were telling me. They took me into a state where I was so fatigued and stressed that I started to wonder if I had witnessed Meredith’s murder and just didn’t remember it. I began questioning my own memory.
Kassin says that once suspects begin to distrust their own memory, they have almost no cognitive choice but to consider, possibly accept, and even mentally elaborate upon the interrogator’s narrative of what happened. That’s how beliefs are changed and false memories are formed.
That’s what had happened to me.
I was so confused that my mind made up images to correspond with the scenario the police had concocted and thrust on me. For a brief time, I was brainwashed.
Three years after my “confession,” I’d blocked out some of my interrogation. But the brain has ways of bringing up suppressed memories. My brain chooses flashbacks””sharp, painful flashes of memory that flicker, interrupting my conscious thoughts. My adrenaline responds as if it’s happening in that moment. I remember the shouting, the figures of looming police officers, their hands touching me, the feeling of panic and of being surrounded, the incoherent images my mind made up to try to explain what could have happened to Meredith and to legitimize why the police were pressuring me.
This new knowledge didn’t stop my nightmares or flashbacks, but I was so relieved to learn that what I’d been through wasn’t unique to me. It had been catalogued! It had a name! As soon as I understood that what happened during my interrogation wasn’t my fault, I started forgiving myself.
Kassin and others show that interrogations are intentionally designed to bewilder and deceive a suspect. Originally created to get highly trained, patriotic U.S. fighter pilots to sell out their country during the Korean War, one technique uses a tag team of investigators and tactics meant to induce exhaustion, agitation, and fear. It’s especially potent on young, vulnerable witnesses like me. The method was designed not to elicit information but to plant it “” specifically tailored to destroy an orderly thought process. After some hours, the subject gives the interrogators what they want “” whether it’s the truth or not.
In my case they’d put several interrogators in a room with me. For hours they yelled, screamed, kept me on edge. When they exhausted themselves, a fresh team replaced them. But I wasn’t even allowed to leave to use the bathroom.
These were strategic measures, many of which are described in Kassin’s report on police interrogation, “On the Psychology of Confessions: Does Innocence Put Innocents at Risk?” Reading it, I was flabbergasted to learn how by the book the police had been in their manipulation of me.
It had been the middle of the night. I’d already been questioned for hours at a time, days in a row. They tried to get me to contradict myself by homing in on what I’d done hour by hour, to confuse me, to cause me to lose track and get something wrong. They said I had no alibi. They lied, saying that Raffaele had told them I’d asked him to lie to the police. They wouldn’t let me call my mom. They wouldn’t let me leave the interrogation room. They were yelling at me in a language I didn’t understand. They hit me and suggested that I had trauma-induced amnesia. They encouraged me to imagine what could have happened, encouraged me to “remember” the truth because they said I had to know the truth. They threatened to imprison me for thirty years and restrict me from seeing my family. At the time, I couldn’t think of it as anything but terrifying and overwhelming.
That was exactly their point.
Highlighted in bold is another large body of your many easy-to-disprove lies as in the previous post.
Your bizarre analysis leads to many many questions.
- What honest person? You served three years for felony lying. Exactly how did you ever help the police? What good cop/bad cop routine? There were only ever 2 or 3 interviewers there. What airless room? You were in a very modern building with air conditioning. What shouting? What 43 hours of interrogation? You had at most been questioned for one or two hours - and only for a few minutes on this night when you “broke”. What story were police forcing on you? Why were you so confused and stressed - other than that Sollecito had just left you with no alibi? What did the police concoct and thrust on you, and why? Why didnt they do that to anyone else? So many others were interviewed too.
You are not even in Kassin’s “vulnerable” target group. How could you possibly be brainwashed in such a short time? What do you mean “after some hours”? What hours? Who exactly yelled and screamed and kept you on edge? What fresh tag team? Who stopped you leaving the interrogation room for a bathroom break? Why did you testify that you were given refreshments and treated well? Why did your own lawyers say you were treated well? Why did they never lodge a complaint? Why when you had an excellent interpreter did you say you couldn’t understand? Why would police threaten to imprison you for 30 years when their whole interest moved quickly to Patrick as you engineered? And why after the interview when you were left sitting in a corridor, babbling and being calmed down, did you not simply walk right out?
In fact, nobody ever accused you of anything at all in your voluntary witness interview.
You were put under no pressure to confess. Not so long after Sollecito fingered you, you spontaneously blamed Patrick for Meredith’s death. For the next several hours, you babbled on, again and again blaming Patrick. Dr Mignini then witnessed you being warned, and barely said a word.
And of course you never ever did confess that you participated in the attack on Meredith yourself. You are really claiming a false confession - when you didnt even confess?
Sollecito similarly cracked spontaneously in an adjacent room, and he pointed the blame at you. Its very noticeable in all of the above that you essentially dont even mention his name. Nor does Kassin.
So what made Sollecito crack? You don’t explain that.
3. Saul Kassin’s Version with His False Claims Highlighted
It seems that Kassin was subjected to the toxic Misinformation Cloud conjured up by the Rank Amateurs for Knox, and Kassin very foolishly failed to check with anyone at all who had been on the spot.
Here are the relevant passages from Saul Kassin’s paper in American Psychologist with his false claims highlighted in bold.
As illustrated by the story of Amanda Knox and many others wrongfully convicted, false confessions often trump factual innocence. Focusing on consequences, recent research suggests that confessions are powerfully persuasive as a matter of logic and common sense; that many false confessions contain richly detailed narratives and accurate crime facts that appear to betray guilty knowledge; and that confessions in general can corrupt other evidence from lay witnesses and forensic experts””producing an illusion of false support. This latter phenomenon, termed “corroboration inflation,” suggests that pretrial corroboration requirements as well as the concept of “harmless error” on appeal are based on an erroneous presumption of independence among items of evidence. In addition to previously suggested reforms to police practices that are designed to curb the risk of false confessions, measures should be taken as well to minimize the rippling consequences of those confessions….
Meredith Kercher was found raped and murdered in Perugia, Italy. Almost immediately, police suspected 20-year-old Amanda Knox, an American student and one of Kercher’s roommates””the only one who stayed in Perugia after the murder. Knox had no history of crime or violence and no motive. But something about her demeanor””such as an apparent lack of affect, an outburst of sobbing, or her girlish and immature behavior”” led police to believe she was involved and lying when she claimed she was with Raffaele Sollecito, her new Italian boyfriend, that night.
Armed with a prejudgment of Knox’s guilt, several police officials interrogated the girl on and off for four days. Her final interrogation started on November 5 at 10 p.m. and lasted until November 6 at 6 a.m., during which time she was alone, without an attorney, tag-teamed by a dozen police, and did not break for food or sleep. In many ways, Knox was a vulnerable suspect””young, far from home, without family, and forced to speak in a language in which she was not fluent. Knox says she was repeatedly threatened and called a liar. She was told, falsely, that Sollecito, her boyfriend, disavowed her alibi and that physical evidence placed her at the scene. She was encouraged to shut her eyes and imagine how the gruesome crime had occurred, a trauma, she was told, that she had obviously repressed. Eventually she broke down crying, screaming, and hitting herself in the head. Despite a law that mandates the recording of interrogations, police and prosecutors maintain that these sessions were not recorded.
Two “confessions” were produced in this last session, detailing what Knox called a dreamlike “vision.” Both were typed by police””one at 1:45 a.m., the second at 5:45 a.m. She retracted the statements in a handwritten letter as soon as she was left alone (“In regards to this “˜confession’ that I made last night, I want to make it clear that I’m very doubtful of the verity of my statements because they were made under the pressures of stress, shock, and extreme exhaustion.”). Notably, nothing in the confessions indicated that she had guilty knowledge. In fact, the statements attributed to Knox were factually incorrect on significant core details (e.g., she named as an accomplice a man whom police had suspected but who later proved to have an ironclad alibi; she failed to name another man, unknown to police at the time, whose DNA was later identified on the victim). Nevertheless, Knox, Sollecito, and the innocent man she implicated were all immediately arrested. In a media-filled room, the chief of police announced: Caso chiuso (case closed).
Police had failed to provide Knox with an attorney or record the interrogations, so the confessions attributed to her were ruled inadmissible in court. Still, the damage was done. The confession set into motion a hypothesis-confirming investigation, prosecution, and conviction. The man whose DNA was found on the victim, after specifically stating that Knox was not present, changed his story and implicated her while being prosecuted. Police forensic experts concluded that Knox’s DNA on the handle of a knife found in her boyfriend’s apartment also contained Kercher’s blood on the blade and that the boyfriend’s DNA was on the victim’s bra clasp. Several eyewitnesses came forward. An elderly woman said she was awakened by a scream followed by the sound of two people running; a homeless drug addict said he saw Knox and Sollecito in the vicinity that night; a convicted drug dealer said he saw all three suspects together; a grocery store owner said he saw Knox the next morning looking for cleaning products; one witness said he saw Knox wielding a knife.
On December 5, 2009, an eight-person jury convicted Amanda Knox and Raffaele Sollecito of murder. The two were sentenced to 26 and 25 years in prison, respectively. Finally, on October 3, 2011, after having been granted a new trial, they were acquitted. [Actually they still stand accused - and facing a tough fact-based prosecution appeal] Ten weeks later, the Italian appeals court released a strongly worded 143-page opinion in which it criticized the prosecution and concluded that there was no credible evidence, motive, or plausible theory of guilt. For the four years of their imprisonment, this story drew international attention (for comprehensive overviews of the case, see Dempsey, 2010, and Burleigh, 2011).1
It is now clear that the proverbial mountain of discredited evidence used to convict Amanda Knox and Raffaele Sollecito was nothing but a house of cards built upon a false confession. The question posed by this case, and so many others like it, is this: Why do confessions so often trump innocence? ...
Third, it is important to realize that not all evidence is equally malleable or subject to corroboration inflation. Paralleling classic research indicating that expectations can color judgments of people, objects, and other stimuli that are ambiguous as opposed to those that compel a particular perception, forensic research indicates that ambiguity is a moderating condition. Asked to report on an event or make an identification decision on the basis of a memory trace that cannot be recovered, eyewitnesses are particularly malleable when confronted with evidence of a confession (Hasel & Kassin, 2009). This phenomenon was illustrated in the case against Amanda Knox. When police first interviewed Knox’s British roommates, not one reported that there was bad blood between Knox and the victim. After Knox’s highly publicized confession, however, the girls brought forth new “memories,” telling police that Kercher was uncomfortable with Knox and the boys she would bring home (Burleigh, 2011). ...
In recent years, psychologists have been critical of the problems with accuracy, error, subjectivity, and bias in various types of criminal evidence””prominently including eyewitness identification procedures, police interrogation practices, and the so-called forensic identification sciences, all leading Saks and Koehler (2005) to predict a “coming paradigm shift.” With regard to confessions, it now appears that this shift should encompass not only reforms that serve to minimize the risk of false confessions but measures designed to minimize the rippling consequences of those confessions””as in the case of Amanda Knox and others who are wrongfully convicted.
4. An Exposure Of Ten Of Saul Kassins’s False Claims
Our main poster the Machine exposes further how Kassin’s key claims are wrong.
False Claim 1: They brought her in for that final interrogation late at night.
No they didn’t.
Neither the police nor the prosecutors brought Amanda in for questioning on 5 November 2007. Amanda Knox herself testified in court that she wasn’t called to come to the police station on 5 November 2007.
Carlo Pacelli: “For what reason did you go to the Questura on November 5? Were you called?”
Amanda Knox: “No, I wasn’t called. I went with Raffaele because I didn’t want to be alone.”
Amanda Knox went with Raffaele Sollecito because she didn’t want to be alone. Kassin’s false claim is the first red flag that Saul Kassin is very confused or has been seriously misled when it comes to this well-documented and well-handled case.
False Claim 2: The so-called confession wasn’t until 6:00am.
No it wasn’t.
If Saul Kassin had actually read Amanda Knox’s first witness statement, he would have known that it was made at 1:45am. Knox had admitted that she was at the cottage when Meredith was killed some time before this.
False Claim 3: She was interrogated from 10:00pm to 6.00am.
No she wasn’t.
According to the Daily Beast Amanda Knox’s questioning began at about 11:00pm.
Since Knox was already at the police station [in the company of Raffaele Sollecito] the head of the murder squad decided to ask her a few questions. Her interrogation started at about 11 p.m.
After Amanda Knox had made her witness statement at 1:45am, she wasn’t questioned again that evening. That was it.
However, Amanda Knox herself then wanted to make further declarations and Mr Mignini who was on duty on the night sat and watched while Knox wrote out her declarations.
Mr Mignini explained what happened in his email letter to Linda Byron, another who was factually challenged.
All I did was to apply the Italian law to the proceedings. I really cannot understand any problem.
In the usual way, Knox was first heard by the police as a witness, but when some essential elements of her involvement with the murder surfaced, the police suspended the interview, according to Article 63 of the penal proceedings code.
But Knox then decided to render spontaneous declarations, that I took up without any further questioning, which is entirely lawful.
According to Article 374 of the penal proceedings code, suspects must be assisted by a lawyer only during a formal interrogation, and when being notified of alleged crimes and questioned by a prosecutor or judge, not when they intend to render unsolicited declarations.
Since I didn’t do anything other than to apply the Italian law applicable to both matters, I am unable to understand the objections and reservations which you are talking about.
In Amanda Knox’s written witness statement, she explicitly states that she’s making a spontaneous declaration:
Amanda Knox: “I wish to relate spontaneously what happened because these events have deeply bothered me and I am really afraid of Patrick, the African boy who owns the pub called “Le Chic” located in Via Alessi where I work periodically.
False Claim 4: They banged her on the back of the head.
No they didn’t.
All the numerous witnesses who were actually present when Amanda Knox was questioned, including her interpreter, testified under oath at trial in 2009 that she wasn’t hit. She has never identified anyone who hit her and on several occasions confirmed that she was treated well.
Even one of Amanda Knox’s lawyers, Luciano Ghirga, confirmed that Amanda Knox had not been hit: “There were pressures from the police but we never said she was hit.” He never ever lodged a complaint.
False Claim 5: All the other British roommates left town.
No they didn’t.
The police also told Sophie Purton that they needed her to stay on in Perugia on precisely the same basis as Amanda Knox. In chapter 19 of Death in Perugia, John Follain states that Sophie Purton was questioned by Mignini and Napoleoni in the prosecutor’s office on 5 November 2007.
Sophie had been counting on leaving Perugia to fly back home as soon as her parents arrived, but the police called to tell her they needed her to stay on; they would let her know when she could leave.
False Claim 6 : Amanda Knox stayed back to help the police.
No she didn’t.
This claim is flatly contradicted by Amanda Knox herself. In the e-mail she wrote to her friends in Seattle on 4 November 2007 she categorically stated she was not allowed to leave Italy.
i then bought some underwear because as it turns out i wont be able to leave italy for a while as well as enter my house
Knox actually knew on 2 November 2007 that she couldn’t leave Italy. Amy Frost reported the following conversation (The Massei report, page 37),
I remember having heard Amanda speaking on the phone, I think that she was talking to a member of her family, and I heard her say, No, they won’t let me go home, I can’t catch that flight.
It’s not the first time that the myth that Knox chose to stay behind rather than leave Italy has been claimed in the media. And incidentally, lying repeatedly to the police isn’t normally considered to be helping them.
False Claim 7: Amanda Knox had gone 8 hours without any food or drink.
No she hadn’t.
Reported by Richard Owen in The Times, 1 March 2009
Ms Napoleoni told the court that while she was at the police station Ms Knox had been ‘treated very well. She was given water, camomile tea and breakfast. She was given cakes from a vending machine and then taken to the canteen at the police station for something to eat.’
Reported by Richard Owen in The Times, 15 March 2009.
Ms Donnino said that Ms Knox had been “comforted” by police, given food and drink, and had at no stage been hit or threatened.
John Follain in his meticulous book Death in Perugia, page 134, also reports that Knox was given food and drink during her questioning:
During the questioning, detectives repeatedly went to fetch her a snack, water, and hot drinks including camomile tea.
False Claim 8: The translator was hostile towards Amanda Knox.
No she wasn’t.
Saul Kassin offers no evidence that the translator was hostile towards Amanda Knox and there is no evidence that this was the case. Nobody at the questura has claimed this. Amanda Knox’s own lawyers have not claimed this.
Even Amanda Knox herself has never ever claimed that Anna Donnino was hostile towards her although she had every opportunity to do so when being questioned on the stand.
False Claim 9: The translator was acting as an agent for the police.
No she wasn’t.
Saul Kassin offers no evidence to support this claim, which by the way in Italy is the kind of unprofessional charge that incurs calunnia suits. Do ask Curt Knox.
False Claim 10: The police lied to Amanda Knox.
No they didn’t.
The police didn’t mislead Amanda Knox. They told her quite truthfully that Sollecito was no longer providing her with an alibi, and that he had just claimed in the next interrogation room that she wasn’t at his apartment from around 9:00pm to about 1:00am. This also is the kind of unprofessional charge that incurs calunnia suits
Other claims by Kassin are also inaccurate. He claims that not one of your acquaintances had reported there was bad blood. That also is untrue. Even prior to the witness interrogation, law enforcement knew from multiple sources that you had been feuding with just about everyone. Acquaintances created no “new memory”. The bad blood you created was quite real.
5. How Kassin Bends His Own Science To Make Results Come Out “Right”
Our main poster Fuji dug deeper into the science and turns up what is an obvious scientific fraud by Kassin to insert himself into the case.
Meredith’s case is absolutely riddled with fabricated false myths.
They are now found by the hundreds on some misleading websites, and they simply make experienced law enforcement and criminal lawyers laugh.
For example “Police had no good reason to be immediately suspicious of Knox simply because the murder occurred at her residence”. And “The double-DNA knife is a priori to be disregarded as evidence, because no murderer would retain possession of such a murder weapon.”
One of the most strident and widespread myths is that Amanda Knox’s statements to the Perugian investigators on 5 and 6 November 2007, placing her at the scene of Meredith’s murder, are to be viewed as the products of a genuinely confused mind imbued with a naïve trust of authority figures.
The apparent certainty with which many of Amanda Knox’s most vocal supporters proclaim that Knox’s statements are actual “false confessions” as opposed to deliberate lies is not supported by even a cursory reading of the pertinent academic literature regarding false confessions.
What actually are “false confessions”?
Richard N. Kocsis in his book “Applied Criminal Psychology: A Guide to Forensic Behavioral Sciences” (2009), on pages 193-4 delineates three different kinds of false confessions:
First, a voluntary false confession is one in which a person falsely confesses to a crime absent any pressure or coercion from police investigators….
Coerced-compliant false confessions occur when a person falsely confesses to a crime for some immediate gain and in spite of the conscious knowledge that he or she is actually innocent of the crime….
The final type, identified by Kassin and Wrightsman (1985), is referred to as a coerced-internalized false confession. This occurs when a person falsely confesses to a crime and truly begins to believe that he or she is responsible for the criminal act.
The first problem facing Knox supporters wishing to pursue the false confession angle as a point speaking to her purported innocence is epistemological.
Although much research has been done on this phenomenon in recent years, academics are still struggling to come to terms with a methodology to determine their incidence rate.
The current state of knowledge does not support those making sweeping claims about the likelihood of Knox’s statements being representative of a genuine internalized false confession.
As noted by Richard A. Leo in “False Confessions: Causes, Consequences, and Implications” (Journal of the American Academy of Psychiatry and the Law, 2009):
Although other researchers have also documented and analyzed numerous false confessions in recent years, we do not know how frequently they occur. A scientifically meaningful incidence rate cannot be determined for several reasons.
First, researchers cannot identify (and thus cannot randomly sample) the universe of false confessions, because no governmental or private organization keeps track of this information.
Second, even if one could identify a set of possibly false confessions, it is not usually possible as a practical matter to obtain the primary case materials (e.g., police reports, pretrial and trial transcripts, and electronic recordings of the interrogations) necessary to evaluate the unreliability of these confessions.
Finally, even in disputed confession cases in which researchers are able to obtain primary case materials, it may still be difficult to determine unequivocally the ground truth (i.e., what really happened) with sufficient certainty to prove the confession false.
In most alleged false-confession cases, it is therefore impossible to remove completely any possible doubts about the confessor’s innocence.
The next problem Knox supporters face is that, even allowing for an inability to establish a priori any likelihood of a given statement being a false confession, the kind of false confession which is usually attributed to Knox is in fact one of the LEAST likely of the three types (Voluntary, Compliant, and Persuaded, as Leo terms the three different categories) to be observed:
Persuaded false confessions appear to occur far less often than compliant false confessions.
Moreover, despite assertions to the contrary, Knox and her statements do not in fact satisfy many of the criteria researchers tend to observe in false confessions, particularly of the Persuaded variety:
“All other things being equal, those who are highly suggestible or compliant are more likely to confess falsely. Individuals who are highly suggestible tend to have poor memories, high levels of anxiety, low self-esteem, and low assertiveness, personality factors that also make them more vulnerable to the pressures of interrogation and thus more likely to confess falsely…
Highly suggestible or compliant individuals are not the only ones who are unusually vulnerable to the pressures of police interrogation. So are the developmentally disabled or cognitively impaired, juveniles, and the mentally ill….
They also tend to occur primarily in high-profile murder cases and to be the product of unusually lengthy and psychologically intense interrogations… ordinary police interrogation is not strong enough to produce a permanent change in the suspect’s beliefs.
Most significantly, there is one essential element of a true Persuaded False Confession which in Knox’s case is highly distinctive:
To convince the suspect that it is plausible, and likely, that he committed the crime, the interrogators must supply him with a reason that satisfactorily explains how he could have done it without remembering it.
This is the second step in the psychological process that leads to a persuaded false confession.
Typically, the interrogator suggests one version or another of a “repressed” memory theory.
He or she may suggest, for example, that the suspect experienced an alcohol- or drug-induced blackout, a “dry” blackout, a multiple personality disorder, a momentary lapse in consciousness, or posttraumatic stress disorder, or, perhaps most commonly, that the suspect simply repressed his memory of committing the crime because it was a traumatic experience for him.
The suspect can only be persuaded to accept responsibility for the crime if he regards one of the interrogators’ explanations for his alleged amnesia as plausible.
Knox did not in fact claim drug or alcohol use as the source of her amnesia - rather, she claimed to have accepted the interrogators’ attribution that this was due to being traumatized by the crime itself, and she offers no other explanation for her selective amnesia:
This is from Knox’s statement to the court in pretrial on 18 October 2008 with Judge Micheli presiding.
Then they started pushing on me the idea that I must have seen something, and forgotten about it. They said that I was traumatized.
Of course, Knox’s initial statement went far beyond being that of being merely a witness to some aspect of Ms. Kercher’s murder, as the interrogators at first seemed to believe was the case.
Rather, her statement placed her at scene of the murder during its actual commission while she did nothing to avert it, which naturally made her a suspect.
In other words, in the absence of any of her other testimony which indicated that she was only a witness to the murder, her own self-admitted rationale for providing a false confession was that she was traumatized by the commission of the murder itself.
Perugia judges will be familiar with all of the above and we can be sure that they brief the lay judges on the remote circumstances and incidences of false confessions.
If I were a Knox defense attorney, I would find it to be a far more fruitful line of argumentation to argue that she was simply lying, rather than claiming the supremely unlikely provision of an actual internalized false confession.
6. Kassin’s Paper with Correct Facts and Context Now Included
Here is our main poster BR Mull describing what actually took place.
On November 2, 2007, British exchange student Meredith Kercher was found sexually attacked and murdered in Perugia, Italy. The next day, 20-year-old Amanda Knox, an American student and one of Kercher’s roommates, became a person of interest, along with Meredith’s downstairs neighbors and several of her other acquaintances. Interviewing close contacts is a cornerstone of police work. Two of Meredith’s close English friends, who were so scared they couldn’t sleep alone, left Perugia in the immediate aftermath of the murder. Everyone else stayed on.
Months before arriving in Perugia, Knox received a citation for a noise violation when a going-away party she’d thrown for herself in Seattle got out of hand. One of the officers described it as a “scene from Baghdad.” Within about three weeks of moving into the cottage in Perugia, Knox was ejected from a nightclub for pouring her glass on the head of a disc jockey.
It’s often said that Knox had no motive to kill Meredith, but it was Knox’s claim of drug use which indicated a possible motive: a drug-fuelled assault. There are various others, though a motive is not actually required for conviction. In crime scene videos from the day Meredith’s body was discovered, Knox can be seen outside the cottage glancing furtively around. Still, it was not this and other odd behavior, but rather the many conflicting witness statements by Knox and her new Italian boyfriend, Raffaele Sollecito, that led police to believe Knox was involved and lying when she claimed she was with Sollecito at his home continuously on the night of November 1.
Police interviewed dozens of witnesses in the days after the murder, some more than once. All witness statements were written down and signed for, not recorded. The police interviewed Sollecito for the third time beginning at 10:40pm on November 5. Knox later testified that she voluntarily accompanied her boyfriend to the station, because she didn’t want to be alone. The police did not summon her. To the interviewers’ surprise, Sollecito repudiated his earlier alibi when shown phone records, and now said Knox had left his apartment for much of the evening. Some time after 11:00pm the police asked if they might interview Knox. An interpreter was called and by 1:45am Knox had given a signed statement that she had witnessed the sounds of her employer, bar owner Patrick Lumumba, murdering Meredith at the cottage.
In that statement she acknowledged that she had been given an interpreter, and that she herself was now officially a suspect. Knox later testified that she was treated well. She was offered snacks and drinks during the interview and afterward. Made aware that she could not be interrogated without a lawyer, but still anxious to put out as much information as possible, she then requested a chance to make a spontaneous statement without any questioning. The prosecutor on duty agreed, and she gave a statement in front of him very similar to her witness statement from hours earlier.
Knox and the police gave different accounts of how the 11:00 to 1:45 am interview was conducted. Police said Knox was told Sollecito now no longer confirmed her alibi and he had called her a liar. She now had no alibi. Sympathetic to her because Knox now had no alibi, the interpreter urged her to try to remember at least something. Shown a text she had sent to Lumumba at 8:35pm saying “See you later. Have a good evening!” she was asked to explain this. The police say Knox started to cry and burst out, “It’s him! It’s him!”
Both Knox’s witness statement at 1:45 a.m and her voluntary suspect statement at 5:45am were written out in Italian and translated back to her before she signed. After Knox was formally taken into custody at midday on November 6, she asked for paper and wrote a slight modification of her earlier statements, adding: “In regards to this “˜confession’ that I made last night, I want to make it clear that I’m very doubtful of the verity of my statements because they were made under the pressures of stress, shock, and extreme exhaustion.”
Lumumba was arrested along with Knox and Sollecito. Knox and her mother held out on his non-involvement, but he was eventually determined to have a solid alibi. Another man, Rudy Guede, was identified through a hand print in Meredith’s bedroom. Knox appeared to have substituted Lumumba for Guede in her statements, and several details of the crime in her so-called confession were later corroborated by witnesses.
Because police had not needed to provide Knox with an attorney at the impromptu witness interview after 11:00, the Supreme Court ruled that statement inadmissible in the murder case against her. However both statements were ruled admissible in court for the purpose of establishing the crime of defamation against Patrick Lumumba. Knox’s November 6 letter was also ruled admissible.
Guede, the man whose DNA was found on the victim, told a friend while he was still on the run that he had found Meredith stabbed and that Knox had nothing to do with the murder. However, in the same conversation, which was recorded by police, he speculated that Knox and Sollecito might have been at the cottage. In a letter dated March 7, 2010, while his sentence was awaiting final confirmation by the Supreme Court, Guede wrote that Knox and Sollecito murdered Meredith. He reiterated this claim as a witness during Knox and Sollecito’s appeal.
Forensic police from Rome concluded that a kitchen knife found in Sollecito’s apartment had Knox’s DNA on the handle and Meredith’s DNA on the blade. Sollecito’s DNA was on the victim’s bra clasp in Meredith’s locked bedroom.
Several eyewitnesses came forward. Three neighbors testified that they heard a disturbance around 11:30pm in the vicinity of the cottage. A homeless man who at appeal admitted heroin use was reading a newsmagazine at the basketball court near the cottage. He testified that he saw Knox and Sollecito four or five times that night. An Albanian, a possible drug dealer. who the Massei court deemed unreliable after the Micheli court accepted him, said he had seen all three suspects together, and that Knox had accosted him with a knife. A grocery store owner testified he saw Knox at his shop early on the morning after the murder.
The conflicting alibis of the two were never resolved during trial. On December 4, 2009, an eight-person panel consisting of two professional judges and six lay judges found Amanda Knox and Raffaele Sollecito guilty of murder aggravated by sexual assault, simulation of a burglary, unlawful carrying of a knife and, in Knox’s case, criminal defamation of Patrick Lumumba. The two were sentenced to 26 and 25 years in prison, respectively….
Knox’s mother later described her daughter as “oblivious to the dark side of the world.” Knox herself wrote that, on the night of the murder, she and Sollecito were talking about his mother’s suicide. She told him her philosophy was “life is full of choices and that these choices are not necessarily between good and evil, but between what’s better and what’s worse.”...
7. Our Concluding Advice
You simply didnt remotely fit Kassin’s own profile of those who break easily under interrogation and make things up. Your suspect interrogation was gentle, brief and considerate, as you have said, and didnt remotely fit Kassin’s claims. And of course, you never made a false confession on that night or any other.
Do you really want this guy or yourself cross-examined on the stand? Again, it may be the last good time to try to walk all of your malicious invention back.
[Saul Kassin with President Travis of John Jay College who lets the false anti-Italy allegations stand]
Friday, June 14, 2013
Questions For Knox: Did You Actually Undergo An Illegal Interrogation?
Posted by Our Main Posters
Yet Another Damning Question For Knox
Why exactly did you frame your kindly employer Patrick for the crime?
Even the hapless Judge Hellmann, who seemed to try so hard (at his own cost - he is now forcibly retired) to have things break your way, didn’t believe anyone ever forced or tricked you into framing Patrick for the crime.
Accordingly you served three years in Capanne Prison, and in March the Supreme Court threw out your final appeal over that. You now have a felony record for life, as well as a proven tendency to lie which every Italian knows about.
And yet you head off down the exact-same slippery slope again in so many places in your obnoxiously self-aggrandizing book. Periodically, you make easily-nailed felonious claims, as here.
Quote From The Knox Book 2013
Here on pages 90-92 you describe word for word the questioning by Prosecutor Mignini at your first (witness) interview on the night of 5-6 Nov.
[This is the voluntary witness interview.] Eventually they told me the pubblico ministero would be coming in.
I didn’t know this translated as prosecutor, or that this was the magistrate that Rita Ficarra had been referring to a few days earlier when she said they’d have to wait to see what he said, to see if I could go to Germany.
I thought the “public minister” was the mayor or someone in a similarly high “public” position in the town and that somehow he would help me.
They said, “You need to talk to the pubblico ministero about what you remember.”
I told them, “I don’t feel like this is remembering. I’m really confused right now.” I even told them, “I don’t remember this. I can imagine this happening, and I’m not sure if it’s a memory or if I’m making this up, but this is what’s coming to mind and I don’t know. I just don’t know.”
They said, “Your memories will come back. It’s the truth. Just wait and your memories will come back.”
The pubblico ministero came in.
Before he started questioning me, I said, “Look, I’m really confused, and I don’t know what I’m remembering, and it doesn’t seem right.”
One of the other police officers said, “We’ll work through it.”
Despite the emotional sieve I’d just been squeezed through, it occurred to me that I was a witness and this was official testimony, that maybe I should have a lawyer. “Do I need a lawyer?” I asked.
He said, “No, no, that will only make it worse. It will make it seem like you don’t want to help us.”
It was a much more solemn, official affair than my earlier questioning had been, though the pubblico ministero was asking me the same questions as before: “What happened? What did you see?”
I said, “I didn’t see anything.”
“What do you mean you didn’t see anything? When did you meet him?”
“I don’t know,” I said.
“Where did you meet him?”
“I think by the basketball court.” I had imagined the basketball court in Piazza Grimana, just across the street from the University for Foreigners.
“I have an image of the basketball court in Piazza Grimana near my house.”
“What was he wearing?”
“I don’t know.”
“Was he wearing a jacket?”
“I think so.”
“What color was it?”
“I think it was brown.”
“What did he do?”
“I don’t know.”
“What do you mean you don’t know?”
“I’m confused!”
“Are you scared of him?”
“I guess.”I felt as if I were almost in a trance. The pubblico ministero led me through the scenario, and I meekly agreed to his suggestions.
“This is what happened, right? You met him?”
“I guess so.”
“Where did you meet?”
“I don’t know. I guess at the basketball court.”
“You went to the house?”
“I guess so.”
“Was Meredith in the house?”
“I don’t remember.”
“Did Patrick go in there?”
“I don’t know, I guess so.”
“Where were you?”
“I don’t know. I guess in the kitchen.”
“Did you hear Meredith screaming?”
“I don’t know.”
“How could you not hear Meredith screaming?”
“I don’t know. Maybe I covered my ears. I don’t know, I don’t know if I’m just imagining this. I’m trying to remember, and you’re telling me I need to remember, but I don’t know. This doesn’t feel right.”
He said, “No, remember. Remember what happened.”
“I don’t know.”At that moment, with the pubblico ministero raining questions down on me, I covered my ears so I could drown him out.
He said, “Did you hear her scream?”
I said, “I think so.”My account was written up in Italian and he said, “This is what we wrote down. Sign it.”
Nailing Yet Another Knox Lie
So you choose to portray yourself as reluctant to talk at all? While Dr Mignini relentlessly edges you more and more into saddling Patrick with the blame? While you have no lawyer there?
In fact as you well know every word of that dialogue is made up. You invented all of it. Dr Mignini was not even there. Right then, he was asleep in bed.
Now we contrast this malicious figment of your imagination with the account of that night by many others who were present at various times. Even you yourself essentially agreed to this narrative at trial, with the one exception of an invented clip on the head.
1. You insist on being around in the central police station despite being grumpy and tired while Sollecito helps investigators to check a few claims.
2. After a while an investigator, Rita Ficarra, politely invites you to help build a list of names of men who might have known Meredith or the house. She is somewhat reluctantly as it was late and no interpreter was on hand. You quite eagerly begin. An interpreter is called from home. You calmly produce seven names and draw maps.
3. Sollecito breaks sudenly and unexpectedly early in his own recap/summary session when confronted with phone records which showed he had lied. He quickly points the finger at you as the one having made him lie. You are not told this but the investigators all know.
4. You share your phone, and break explosively when an outgoing text shows up on your phone after you had claimed you sent none. You yell out words to the effect that Patrick is the one, he killed Meredith. Police did not even know of the existence of Patrick before you identified the text as to him.
5. Thereafter you talk your head off, explaining how you had overheard Patrick attack Meredith at your house. The three ladies present and one man do what they can to calm you down. But you insist on a written statement, implicating him, and stating you went out from Sollecito’s alone.
6. This from about 2:00 am is the state of play. You are taken to the bar for refreshments and helped to sleep. You testify at trial that you were given refreshments, and everybody treated you well.
7. As you had admitted being at the scene of a crime you had not reported, you had in effect admitted to a crime, so a legal Miranda-type caution is required saying the signee understands they should not talk without a lawyer, and if they do talk that can be used as evidence in court.
8. Dr Mignini, the on-call duty prosecutor for that night, is by multiple accounts including your own at trial, not present at that list-building session with Rita Ficarra, and in fact knows nothing about it until Rita Ficarra closes it down. He comes from home.
9. Dr Mignini reads you your rights. You now sign acknowledging you know you should not talk unless your lawyer is there. Dr Mignini asks you no questions. He is anxious to get the session over so he can get on to the task of pulling Patrick in. You yourself insist on a new written statement and shrug off a lawyer. Though you are again warned, you push on.
10. Under Italian law that second statement could and should have been used against you, but the Supreme Court denied its use except against the false charges made about Patrick. Dr Mignini has said he think that was wrong in law but did not appeal.
Really a very simple chain of events, which was attested to at trial by all of those who had been present on the night, even including yourself.
There are no signs at all in anyone else’s description that you were leaned on by anybody, and nobody at the central police station had the slightest vested interest in making you into a target that night.
So where precisely does this new claim in your book of an illegal interrogation by Dr Mignini fit in? Now would be a good time to admit that you made it all up.