Headsup: Disney's Hulu - mafia tool?! First warning already sent to the Knox series production team about the hoaxes and mafia connections. The Daily Beast's badly duped Grace Harrington calls it "the true story of Knox’s wrongful conviction of the murder of her roommate". Harrington should google "rocco sollecito" for why Italians hesitate to talk freely.
Category: 2 Italian mileu hoax
Saturday, February 01, 2014
Harvard Professor Alan Dershowitz And Philly Lawyer Ted Simon Both Claim The Devil’s In The Details
Posted by Peter Quennell
Alan Dershowitz sees plenty of evidence against Knox. He really has absorbed the key details, and in this case, the devil is in the details.
Alan Dershowitz has spoken out quite accurately a number of times on the case previously, and he shows great respect for the carefulness of the Italian system.
Philadelphia lawyer and Knox advisor Ted Simon also thinks there is a devil in the details. Or rather, he did back in 2008 (below) before he got on the Knox payroll and his foolish mantra became “There is no evidence”.
Wrong. There is stacks of evidence that Knox was in that room - and it wasnt even tested for DNA.
- Why was her lamp in the room? Why cannot she explain that? Why are there zero fingerprints? Who wiped them? Who moved Meredith’s body? How did Knox’s and Meredith’s blood get co-mingled? In half a dozen different locations? Outside a locked bedroom door?
- Why are there footprints in blood outside the locked bedroom door of both Knox and Sollecito? Why do Guede’s shoeprints head straight out the front door? And if Knox didnt start to rearrange the crime scene, who staged the break-in, and why?
- And why do the various presentations in closed court in 2009 (all-day testimony by crime-scene and autopsy experts and a 15-minute video recreating the attack) which proved THREE attackers still remain unchallenged?
Those pesky details…
Tuesday, December 17, 2013
Appeal Session #7: The Day For Knox And Sollecito Attorneys To Show Where Prosecution Went Wrong
Posted by Our Main Posters
[Above and below: images from previous sessions, here till today’s crop appears]
Long Form Reports
The court hearing reserved for Knox’s appeal defense began with the reading of an email from Amanda, reported here in the Messaggero and then widely picked up in the English-language press, claiming her innocence and explaining why she was afraid to return to Italy. The email was the only “new” aspect introduced Tuesday so made all the headlines, but at the end of the day it occupied just a small fraction of the day’s arguments.
Several Italian court observers considered the email a considerable “own goal,” having witnessed the presiding judge raise his eyebrows in obvious annoyance at having to himself read aloud an email from Knox, who requested an appeal in his courtroom, but is refusing to attend it, for reasons she detailed. “Those who want to speak at the trial should come to the trial,” he said. He also declined to consider the letter a spontaneous declaration because, he said, he could not ascertain if she was the true author of the letter. “I’ve never seen her. I do not know her,” he said.
After the email, Knox’s Perugian lawyer Luciano Ghirga made his closing arguments, followed by Carlo Dalla Vedova of Rome. Most of the discussion focused on two aspects of the case they felt are fundamentally lacking: motive and murder weapon. Below are short quotes/snippets translated quickly during court. To read the Kercher family lawyer’s arguments, scroll down to yesterday’s notes.
[Report continues on The Freelance Desk with good summaries of arguments made by Ghirga and Della Vedova]
3. Tweets from La Nazione
66. Meredith process , the hearing ends. The next hearing will be on January 9 [Sollecito team]
65. Lawyer Dalla Vedova (Knox) : ” Amanda Knox is shown to have worshipped [Meredith]”
64. Lawyer Dalla Vedova (Knox) : “There is a shortage of proof”
63. Lawyer Dalla Vedova (Knox) : “There is no evidence, with doubts you have to acquit Amanda Knox”
62. Lawyer Dalla Vedova (Knox) : “On the motive the prosecutor did the same as the Costa Concordia at Giglio”
61. Lawyer Dalla Vedova (Knox) : “Room too small for the participation of more people in the crime”
60. Lawyer Dalla Vedova (Knox) : “The victim was attacked from the front, not from behind”
59. Lawyer Dalla Vedova (Knox) : “For Amanda and Raffaele, Rudy Guede was a stranger”
58. Lawyer Dalla Vedova (Knox) : “The bra clasp of Meredith is not a genuine artifact”
57. Lawyer Dalla Vedova (Knox) : “The bra clasp November 2nd was white, but 40 days after gray”
56. Lawyer Dalla Vedova (Knox) : “Amanda knew the cut was throat because she was told by a policeman “
55. Lawyer Dalla Vedova (Knox) : “Absurd that there are missing only traces of Amanda and Raffaele “
54.Lawyer Dalla Vedova (Knox) : “The alleged footprint of female shoe on the pillow: pillowcase was folded over.”
53. Lawyer Dalla Vedova (Knox) : “The broken glass from the window shows the easiest way to enter the house “
52. Lawyer Dalla Vedova (Knox) : “War between consultants is like “The War of the Roses” where everyone will hate “
51. Lawyer Dalla Vedova (Knox) : “Unable for Amanda and Raffaele to commit the crime in 50 minutes “
50. Lawyer Dalla Vedova (Knox) : “The mother of Meredith says she and Amanda were friends “
49. Lawyer Dalla Vedova (Knox) : “Guede never says that Amanda was in the house, even outside the interrogations”
48. Lawyer Dalla Vedova (Knox) : “Guede never talks about Amanda “
47.Lawyer Dalla Vedova (Knox) : ” Guede in his chats after the murder told a friend that Amanda had nothing to do with it”
46. Lawyer Dalla Vedova (Knox) : “There are traces only of Rudy Guede at the crime scene “
45. Lawyer Dalla Vedova (Knox) : “The witness Curatolo either is unreliable or is our alibi. Decide for yourself “
44. Lawyer Dalla Vedova (Knox) : “Do not trust the testimony of the witness Quintavalle “
43. Lawyer Dalla Vedova (Knox): “Amanda did not call into question Lumumba to sidetrack the investigation “
42. Lawyer Dalla Vedova (Knox): “The alibi of Amanda is of the same type as her roommates ”
41. Lawyer Dalla Vedova (Knox): “The alibi of Amanda is accurate and unchanged in her deposition ”
40. Meredith appeal: the argument of Carlo Dalla Vedova, defender of Amanda Knox, resumes.
39. Meredith appeal: Judge orders one-hour lunch break
38. President Nencini asks if there are certificates for the AIDS tests done on Amanda, but there are none
37. Lawyer Dalla Vedova (Knox): “It was said of Amanda in prison that she had AIDS, but it turned out an error ”
36. Lawyer Dalla Vedova (Knox): “From the conversations in prison Amanda does not show anything, the sum of zeros ”
35. Lawyer Dalla Vedova (Knox): “In 30 hours of interviews with parents in prison Amanda never was heard [incriminating herself]”
34. Lawyer Dalla Vedova (Knox): “It was immediately admited, the mistake by the investigators”
33. Lawyer Dalla Vedova (Knox): “The footprint of Guede on the pillow right now is the signature of the crime”
32. Lawyer Dalla Vedova (Knox): “Lumumba was not to be charged, he confirmed his alibi”.
31. Lawyer Dalla Vedova (Knox): “There has been judicial harassment against [my client]”
30. Lawyer Dalla Vedova (Knox): “Prosecution and plaintiff leverage statements of Amanda unusable ”
29. Lawyer Dalla Vedova (Knox): “The declarations of Amanda between 5 and 6 November are unusable ”
28. Lawyer Dalla Vedova (Knox): “Absurd that Amanda is joining the attack on a friend ”
27. Lawyer Dalla Vedova (Knox): “Changing motive is constantly an element of weakness of the prosecution ”
26. Lawyer Dalla Vedova: “Add up all the clues , the sum of zero is always zero ”
25. Lawyer Dalla Vedova: “Without connections between clues and evidences the value is zero ”
24. Lawyer Dalla Vedova: “In this process there is no evidence ”
23. Lawyer Dalla Vedova: “A murder without a motive is fallacious ”
22. Lawyer Dalla Vedova: “Absurd that the knife used for the murder was brought home ”
21. Lawyer Dalla Vedova: “Imaginative reconstruction of the prosecution ”
20. Lawyer Dalla Vedova: “This story has been in the headlines for months ”
19. Lawyer Dalla Vedova (Knox): “Meredith killed in this manner is a defeat for all ”
18. The closing argument of Lawyer Carlo Dalla Vedova begins (Knox defense).
17. Meredith appeal: the closing argument of the Lawyer Ghirga (Knox ) ends.
16. Lawyer Ghirga (Knox ) : “Amanda Knox was not present at the crime scene ”
15. Lawyer Ghirga (Knox ): “The judgment of Justice is the acquittal of Amanda
14. Lawyer Ghirga (Knox ): “The witness Curatolo is unreliable ”
13. Lawyer Ghirga (Knox ): “We challenged from the outset the murder weapon ”
12. Lawyer Ghirga (Knox ): “On the blade of the knife there is no blood and no trace of Meredith.”
11. Lawyer Ghirga (Knox ): “The expertise that revealed traces of Meredith on the knife is not trusted “
10. Lawyer Ghirga (Knox ): “The knife found at Sollecito’s house is not the murder weapon “
9. The closing argument of Luciano Ghirga defender Amanda Knox begins.
8. Amanda to the court: ” I am innocent , put an end to this enormous injustice ”
7. Amanda : “I’m not the monster he has been portrayed in recent years ”
6. Amanda: ” I did not know Rudy Guede ”
5. Amanda: “I’m not a killer , the prosecution and the civil parties are wrong , they want a conviction without proof ”
4. Amanda: ” Meredith and I have always been friends , we never quarreled ”
3. Amanda: “I have been subjected to illegal interrogation , I made a false confession extorted”
2. Amanda: “I have not killed , raped , robbed , I was not at the scene of the crime”
1. The email of Amanda : “I’m innocent , but I am not in court because I’m afraid”
2. Tweets from Freelance Andrea Vogt
3. Carlo dalla Vedova to #amandaknox appeal jury: If there is no murder motive, you must acquit.
2. Carlo dalla Vedova: We know #amandaknox is innocent. As time passes we’re even more tranquil.There are many more doubts than certainties.
1. In Florence, amanda knox lawyer holds up large knife to jury: “Starch was on the knife. It was not cleaned. It was in domestic use.”
1. Email from Amanda Knox
Court of Appeals of Florence section II Assise Proc. Pen, 11113
Letter sent to attorneys Carlo Dalla Vedova and Luciano Ghirga via email Seattle, 15 December 2013
Attn: Honorable Court of Appeals of Florence
I have no doubt that my lawyers have explained and demonstrated the important facts of this case that prove my innocence and discredit the unjustified accusations of the prosecution and civil parties. I seek not to supplant their work; rather, because I am not present to take part in this current phase of the judicial process, I feel compelled to share my own perspective as a six—year-long defendant and victim of injustice.
The Court has access to my previous declarations and I trust will review them before coming to a verdict. I must repeat: I am innocent.
I am not a murderer. I am not a rapist. I am not a thief or a plotter or an instigator. I did not kill Meredith or take part in her murder or have any prior or special knowledge of what occurred that night. I was not there and had nothing to do with it.
I am not present in the courtroom because I am afraid. I am afraid that the prosecution’s vehemence will leave an impression on you, that their smoke and mirrors will blind you. I’m afraid of the universal problem of wrongful conviction. This is not for lack of faith in your powers of discernment, but because the prosecution has succeeded before in convincing a perfectly sound court of concerned and discerning adults to convict innocent people-Rafael and me.
My life being on the line and having with others already suffered too much, I’ve attentively followed this process and gleaned the following facts that have emerged from the development of this case that I beg you not to dismiss when making your judgment:
No physical evidence places me in Meredith ‘s bedroom, the scene of the crime, because I was not there and didn’t take part in the crime.
Meredith’s murderer left ample evidence of his presence in the brutal scenario: handprints, footprints, shoe prints in Meredith’s blood; DNA in her purse, on her clothing, in her body.
No evidence places me in the same brutal scenario. The prosecution has failed to explain how I could have participated in the aggression and murder—to have been the one to fatally wound Meredith—without leaving any genetic trace of myself. That is because it is impossible. It is impossible to identify and destroy all genetic traces of myself in a crime
scene and retain all genetic traces of another individual. Either I was there, or I wasn’t. The analysis of the crime scene answers this question: I wasn’t there.
My interrogation was illegal and produced a false “confession” that demonstrated my non-knowledge of the crime- The subsequent memoriali, for which I was wrongfully found guilty of slander, did not further accuse but rather recanted that false “confession.” Just as I testified to the prosecutor in prison and to my family members in prison when our conversations were being recorded without my knowledge.
My behavior after the discovery of the murder indicates my innocence. I did not flee Italy when I had the chance. I stayed in Perugia and was at the police’s beck and call for over 50hours in four days, convinced that I could help them find the murderer. I never thought or imagined that they would have used my openness and trust to fuel their suspicions. I did not hide myself or my feelings: when I needed comfort, Rafael embraced me; when I was sad and scared, I cried; when I was angry, I swore and made insensitive remarks; when I was shocked, I paced or sat in silence; when I was trying to help, I answered questions, consoled Meredith’s friends and tried to keep a positive attitude.
Upon entering the questura I had no understanding of my legal position. Twenty—years old and alone in a foreign country, I was innocent and never expected to be suspected and subjugated to torture. I was interrogated as a suspect, but told I was a witness. I was questioned for a prolonged period in the middle of the night and in Italian, a language I barely knew. I was denied legal counsel- The Court of Cassation deemed the interrogation and the statements produced from it illegal. I was lied to, yelled at, threatened, slapped twice on the back of the head. I was told I had witnessed the murder and was suffering from amnesia. I was told that if I didn’t succeed in remembering what happened to Meredith that night I would never see my family again. I was browbeaten into confusion and despair. When you berate, intimidate, lie to, threaten, confuse, and coerce someone in believing they are wrong, you are not going to find the truth.
The police coerced me into signing a false “confession” that was without sense and should never have been considered a legitimate investigative lead. In this fragmentary and confused statement the police identified Patrick Lumumba as the murderer because we had exchanged text messages, the meaning of which the police wrongfully interpreted (‘Civediamo piu tardi. Buona serata’). The statement lacked a clear sequence of events, corroboration with any physical evidence, and fundamental information like: how and why the murder took place, if anyone else was present or involved, what happened afterward—it supplied partial, contradictory information and as the investigators would discover a little later, when Patrick Lumumba’s defense lawyer produced proof of him incontestable alibi, it was obviously inaccurate and unreliable. I simply didn’t know what they were demanding me to know. After over 50 hours of questioning over four days, I was mentally exhausted and I was confused.
This coerced and illegitimate statement was used by the police to arrest and detain a clearly innocent man with an iron-clad alibi with whom I had a friendly professional relationship. This coerced and illegitimate statement was used to convict me of slander. The prosecution and civil parties would have you believe that this coerced and illegitimate statement is proof of my involvement in the murder. They are accusing and blaming me, a result of their own overreaching.
Experience, case studies, and the law recognize that one may be coerced into giving a false"confession” because of torture.
This is a universal problem. According to the National Registry of Exoneration, in the United States 78% of wrongful murder convictions that are eventually overturned because of exonerating forensic evidence involved false “confessions.” Almost 8 in 10 wrongfully convicted persons were coerced by police into implicating themselves and others in murder. I am not alone. And exonerating forensic evidence is often as simple as no trace of the wrongfully convicted person at the scene of the crime, but rather the genetic and forensic traces of a different guilty party—just like every piece of forensic evidence identifies not me, but Rudy Guide.
In the brief time Meredith and I were roommates and friends we never fought.
Meredith was my friend. She was kind to me, helpful, generous, fun. She never criticized me. She never gave me so much as a dirty look.
But the prosecution claims that a rift was created between Meredith and I because of cleanliness. This is a distortion of the facts. Please refer to the testimonies of my housemaster and Meredith’s British friends. None of them ever witnessed or heard about Meredith and I fighting, arguing, disliking each other. None of them ever claimed Meredith was a confrontational clean-freak, or I a confrontational slob. Laura Masotho testified that both Meredith and I only occasionally cleaned, whereas she and Filomena Romanelli were more concerned with cleanliness. Meredith’s British friends testified that Meredith had once told them that she felt a little uncomfortable about finding the right words to kindly talk tome, her new roommate, about cleanliness in the bathroom we shared. The prosecution would have you believe this is motivation for murder. But this is a terrifying distortion of the facts.
I did not carry around Rafael’s kitchen knife.This claim by the prosecution, crucial to their theory, is uncorroborated by any physical evidence or witness testimony. I didn’t fear the streets of Perugia and didn’t need to carry around with me a large, cumbersome weapon which would have ripped my cloth book bag to shreds. My book bag showed no signs of having carried a bloody weapon. The claim that he would have insisted I carry a large chef’s knife is not just senseless, but a disturbing indication of how willing the prosecution is to defy objectivity and reason in order to sustain a mistaken and disproven theory.
It is yet another piece of invented “evidence”, another circumstance of theory fabricated to order, because having discovered nothing else, the prosecution could only invent.
I had no Contact with Rudy Guide.
Like many youth in Perugia, I had once crossed paths with Rudy Guide. He played basketball with the young men who lived in the apartment below us. Meredith and I had been introduced to him together. Perhaps I had seen him amongst the swarms of students
who crowded the Perugian streets and pubs in the evenings, but that was it. We didn’t have each other’s phone number, we didn’t meet in private, we weren’t acquaintances. I never bought drugs from Rudy Guide or anyone else. The phone records show no connection. There are no witnesses who place us together. The prosecution claims I convinced Rudy Guide to commit rape and murder, completely ignoring the fact that we didn’t even speak the same language. Once again, the prosecution is relying upon a disturbing and unacceptable pattern of distortion of the objective evidence.
I am not a psychopath.
There is no short list to the malicious and unfounded slanders I have suffered over the course of this legal process. In trial I have been called no less than:
“Conniving; manipulating; man—eater; narcissist; enchantress; duplicitous; adulterer; drug addict; an explosive mix of drugs, sex, and alcohol; dirty; witch; murderer; slanderer; demon; depraved; imposter; promiscuous; succubus; evil; dead inside; pervert; dissolute; a wolf in sheep’s clothing; rapist; thief; reeking of sex; Judas; she-devil;
I have never demonstrated anti-social, aggressive, violent, or behavior. I am not addicted to sex or drugs. Upon my arrest I was tested for drugs and the results were negative. I am not a split-personality One does not adopt behavior spontaneously.
This is a fantasy. This is uncorroborated by any objective evidence or testimony. The prosecution and civil parties created and pursued this character assassination because they have nothing else to show you. They have neither proof, nor logic, nor the facts on their side. They only have their slanders against me, their personal opinions about me. They want you to think I’m a monster because it is easy to condemn a monster. It is easy to dismiss a monster’s defense as deception. But the prosecution and civil parties are both severely mistaken and wrong. They have condemned me without proof of guilt, and they seek to convince you to condemn me without proof of guilt.
If the prosecution truly had a case against me, there would be no need for these theatrics. There would be no need for smoke and mirrors to distract you from the lack of physical evidence against me. But because no evidence exists that proves my guilt, the prosecution would seek to deceive you with these impassioned, but completely inaccurate and unjustified pronouncements. Because I am not a murderer, they would seek to mislead you into convicting me by charging your emotions, by painting me not as an innocent until proven guilty, but as a monster.
The prosecution and civil parties are committing injustices against me because they cannot bring themselves to admit, even to themselves, that they’ve made a terrible mistake.
The Court has seen that the prosecution and civil parties will not hear criticism of their mistakes. Not by the experts of the defense, nor by the experts of the Court.
The Court has seen that the prosecution jumped to conclusions at the very start of their investigation: they interrogated and arrested innocent people and claimed “Case Closed"before any evidence could be analyzed, before bothering to check alibis.
The prosecutor and investigators were under tremendous pressure to solve the mystery of what happened to Meredith as soon as possible. The local and International media was breathing down the necks of these detectives. Their reputations and careers were to be made or broken. In their haste, they made mistakes. Under pressure, they admitted to as few mistakes as possible and committed themselves to a theory founded upon mistakes.
Had they not jumped to conclusions based on nothing but their personal and highly subjective feeling, they would have discovered definitive and undeniable evidence of not Patrick Lumumba, not Rafael Sollecito, not Amanda Knox, but of Rudy Guide. We would not be here over six years later debating inconclusive and unreliable “clues.” We would have been spared the cost, anguish and suffering, not only of Raffaele’s and my family, but especially of Meredith’s family as well.
The prosecution’s accusations are unworthy of judicial or public confidence. In over six years they have failed to provide a consistent, evidence-driven, corroborated theory of the crime, but would nevertheless argue that you should take my life away. I beg you to see the facts and reason of what I say. I am innocent. Rafael is innocent. Meredith and her family deserve the truth. Please put an end to this great and prolonged injustice.
in faith,
Amanda Marie Knox
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.
Monday, April 08, 2013
Experienced Trial Lawyer: There’s Far More Evidence Than UK/US Courts Need For Guilt
Posted by SomeAlibi
The false claim “there is no evidence”
Some amateur supporters of Knox and Sollecito have committed thousands of hours online to try and blur and obfuscate the facts of the case in front of the general public.
Their goal is simple: to create an overwhelming meme that there is “no evidence” against the accused, and thereby try to create a groundswell of support. Curt Knox and Edda Mellas and Ted Simon have all made this “no evidence” claim many times.
At least some some of the media have eagerly swallowed it.
The amateur PR flunkies make up myriad alternate versions of what created single points of evidence, often xenophobic scare stories designed to trigger emotional reactions, which they hope will be repeated often enough to become accepted as “the truth”.
And where things get really tricky, another time honored tactic is to go on at great length about irrelevant details, essentially to filibuster, in the hope that general observers will lose patience with trying to work it all out.
But time and again we have shown there is actually a great deal of evidence.
Evidence is the raw stuff of criminal cases. Let me speak here as a lawyer. Do you know how many evidence points are required to prove Guilt? One evidence point if it is definitive.
A definitive evidence point
If you’re new to this case or undecided, what is an easy example of ONE definitive evidence item that might stand alone? Might quickly, simply, and overwhelmingly convince you to invest more time into understanding the real evidence, not that distorted by the PR campaign?
In fact we have quite a choice. See the footprint which was second on that list.
Now see the table above. I recommend the use of this table of measurement to avoid the lengthy back and forward of narrative argument which so lends itself to obscuring the truth. I would like to present you with this single table of measurements to give you pause to question whether this line that there is “no evidence” is really true or whether it might be a crafted deception.
I present here a summarized view of critical evidence which suggests with devastating clarity that Raffaele Sollecito was present the night of the murder of Meredith Kercher. No lengthy text, no alternate versions, just measurements.
This FIRMLY places Sollecito in the very room where Meredith was attacked and killed.
In the small bathroom right next to Meredith’s bedroom was a bathmat. On it was found a bloody naked right footprint of someone walking straight towards the shower in the bathroom. The blood is that of Meredith.
The footprint is not Amanda Knox’s - it is too big - but we can compare it to the prints taken of Rudy Guede and Raffaele Sollecito.
In Judge Massei’s report the multiple measurements were detailed in the narrative over many sentences and, in that form, their immediate cumulative impact is less obvious. It is only by tabulating them, that we are forcefully hit by not one but two clear impressions:
The measurements are extremely highly correlated to the right foot of Raffaele Sollecito in twelve separate individual measurements. In themselves they would be enough for a verdict of guilt in all but a few court cases.
But they also show a manifest LACK of correlation to the right foot of Rudy Guede, the only other male in that cottage on the night. Have a look for yourself.
If you were the prosecution, or indeed the jury, and you saw these measurements of Raffaele’s foot versus the print, what would you think? Answer the question for yourself based on the evidence admitted to court.
Then, if you compare further, exactly how plausible do you find it that the measurements of the bloody imprint are Rudy Guede’s instead?
Not only are some of the individual measurements of Rudy’s imprint as much as 30% too small, but the relative proportions of length and breadth measurements are entirely wrong as well, both undershooting and overshooting by a large margin (70% to 150%).
Conclusions that must follow
Presented with those numbers, would you consider those measurements of Rudy Guede’s right foot to show any credible correlation to those of the footprint on the mat?
Supporters of the two have tried frantically to create smoke screen around this - the wrong technique was used they say (ruled not so by the court) / they are the wrong measurements (all 32 of them? that Raffaele’s are matching exactly or within a millimetre but Rudy’s are out by as much as -30% to +50%...?).
The severity of the impact on the defence is such that there was even a distorted photoshopped version circulated by online supporters of Raffaele and Amanda until they were caught out early on in coverage. But it is hopeless, because these are pure measurement taken against a scale that was presented in court and the data sits before you.
Have a look at the measurements and understand this was evidence presented in court. Whose foot do you think was in that bathroom that night? Rudy Guede? Or was it Raffaele Sollecito on twelve counts of measurement?
And if you find for the latter, you must consider very seriously what that tells you both about the idea there is “no evidence” in this case and who was in the cottage that night…
Tuesday, March 26, 2013
More Pervasive Myths We Will Nail In Our Various Hoaxes Series In Due Course
Posted by Our Main Posters
We hope you made it through those amazing Powerpoints on the case for guilt introduced in the post directly below.
We have created around two dozen other Powerpoints also. Here are all Kermit’s Powerpoints and here are all other Powerpoints.
Below are summaries of some more key and very pervasive myths which you can easily spot in today’s media in the US and UK (though never in Italy) which we will nail in depth soon in other longer posts.
The real hard truths can all already be found here on TJMK if you search for them. Please feel free to email us if you need some quick guidance.
1) That Knox and Sollecito maybe face a “retrial”
Rubbish. At most they face a re-run, done properly, of a poorly managed, legally and scientifically incompetent, and highly biased first appeal. It SHOULD look like any US or UK appeal: limited, fast, focusing only on a few points, no consultants, no witnesses, no attempt to run a new first-level trial.
2) That any such “retrial” is a case of double jeopardy
Rubbish. Under Italian law Knox and Sollecito still stand accused of murder and other crimes until the final appeal court (in this case the Supreme Court) signs off, so they were NEVER found “innocent, end of story” at first appeal level. There’s no question of double jeopardy; and the exact-same rules apply in the US.
3) That Amanda Knox was forced into “confessing”
Rubbish. This is the misleading label for her framing of Patrick Lumumba. She spilled the beans fast and vociferously (and repeatedly) after Sollecito who was being interrogated in another room sold her out and said she had made him tell lies. Interrogations were short, she had an interpreter, she was not interrogated as a suspect without a lawyer, and she had refreshments.
4) That all the DNA evidence was thrown out by Hellmann
Rubbish. Hellmann (who is now edged out in disgrace) and Zanetti were not criminal judges, and this was their first DNA case. They were totally at sea. By innuendo, two consultants, illegally appointed and ill qualified, tried to make out there was possible contamination. They proved nothing. They ADMITTED Meredith’s DNA was on the big knife and that Sollecito’s DNA was on the bra clasp. There was lots of other incriminating DNA evidence outside Meredith’s door.
5) That “the” prosecutor was rogue, satanist, and out of control.
Rubbish. The lead prosecutor at trial (Mignini) is straight as an arrow and very admired, and has no interest in satanism. His work was checked by a co-prosecutor, other prosecutors, and many judges. He is in line for a major promotion, and has no dark cloud hanging over his head. The Supreme Court TWICE came down strongly in his favor in the part several weeks, and he is about to be promoted to Deputy Chief Prosecutor for the Province of Umbria.
Final warning:
Disregard everything coming from ABC, CNN, and any Seattle TV station. They are highly biased for commercial reasons, they don’t know the case, and they have essentially been serial-lying to the American public.
Thursday, September 27, 2012
Sollecito’s Book Honor Bound Hits Italy And Already Scathing Reactions And Legal Trouble
Posted by Peter Quennell
[Above: Sollecito’s father Francesco on Italian national TV being made to admit the book lied]
The Sollecito/Gumbel book is an “own goal”
In Italy the extremely inaccurate and hyper-aggressive book has already set themselves up for two kinds of trouble
The Gumbel and Sollecito book was released in English on 18 September 2012 and within ten days all of Italy knew that the book was a crock.
Sollecito’s own father and own lawyers Bongiorno and Maori have already been forced to admit the book contains serious lies.
Already the prosecution has indicated that they are weighing whether there might be new charges lodged against Sollecito.
Analysis Of 3 Claims Of Criminal Conduct
We focus on three claims by Sollecito and Gumbel of criminal behavior which have already been widely repudiated by the Italian press.
1. A deal was sought by prosecution to frame Knox
Sollecito’s own father Francesco was made to concede by the host and all other guests on the popular Porta a Porta TV show last week that Sollecito lied in claiming that the prosecution had sought a deal under which Sollecito would frame Amanda.
Such a deal would be illegal so Sollecito was falsely accusing prosecutors of a very serious crime. Francesco Sollecito backed down even more in some interviews later. One of Sollecito’s own lawyers, Luca Maori, immediately denied in obvious frustration that the offer of any deal either way ever happened, and Giulia Bongiorno soon publicly agreed. .
2. A long brutal interrogation on 5-6 November 2007
Sollecito has suddenly claimed in the book, nearly five years after he said it happened, in face of vast evidence including his own writings to the contrary, that police interrogated him over 10 hours, and abused and threatened him.
But he was demonstrably not ever interrogated over 10 hours, and he folded fast when they showed him his phone records, which contradicted his earlier alibis, and so he promptly laid the blame on Amanda.
The English translations of the lengthy court transcripts of those many who were present at the central police station on the night all coincide, and damn the version cooked up by Sollecito and Gumbel..
3. Deliberately wrong reasoning in the Galati appeal
All this trouble flows from half a dozen pages of Sollecito’s book made public in Italy! Here now are several more pages not yet known about there (we will have many more) which our poster ZiaK has translated into Italian to help everybody to read. Sollecito ridicules both Dr Galati and his appeal. Let’s see:
- Dr Galati is recognised as one of the most brilliant lawyers in Italy, and he is a former Deputy Chief Prosecutor at the Supreme Court, specially assigned to Perugia because cases involving the central government are handled there when they are too hot to handle in Rome.
- Solllecito is of course a 28-year old student with a cocaine record and a long history of parental supervision who has never held a job in his life. He failed the entrance exam in virtual reality for the University of Verona but still has delusions of a career in computer games.
And surely Gumbel would never have got the job if Bongiorno and Maori had the opportunity to size up how wildly incompetent about the law and the case and and twisted in his mind about Italy he seems to be.
These ill-advised pages below show Sollecito’s and Gumbel’s profound ignorance of Italian jurisprudence, a total incomprehension of the wide scope of the appeal, and their contempt toward the advice from his lawyers.
Passages highlighted are wrong on the hard facts as shown in part 2 below.
1. What The Sollecito/Gumbel book claims
Judge Hellmann’s sentencing report was magnificent: 143 pages of close argument that knocked down every piece of evidence against us and sided with our experts on just about every technical issue. It lambasted both the prosecution and the lower court for relying on conjecture and subjective notions of probability instead of solid evidence. And it launched a particularly harsh attack on Mignini for casting aspersions on the very concept of proof beyond a reasonable doubt.
Mignini had dismissed it in one of his court presentations as a self-defining piece of linguistic trickery. Hellmann pointed out that reasonable doubt was now””belatedly””part of the Italian criminal code. A case built on probability alone, he said, was not sufficient and must necessarily lead to the acquittal of the defendant or defendants.
The prosecution’s rebuttal of the sentencing report, filed a couple of months later, was little short of astonishing.
It accused Hellmann of indulging in circular arguments, the old rhetorical fallacy known to the ancients as petitio principii””essentially, starting with the desired conclusion and working backward. The criticism applied much more accurately to what the prosecution and Judge Massei had done themselves; everything, even the absence of evidence, had been a pretext for them to argue for our guilt. But the author of the prosecution document, Giovanni Galati, chose not to dwell on such ironies. Instead, he attacked Hellmann””I wish I were joking about this””for resorting to deductive reasoning. Making yet more allusions to grand rhetorical principles, Galati said he had a problem with the appeals court taking the available evidence and seeking to make each piece follow on logically from the last. I take it he is not a fan of Sherlock Holmes.
Galati seemed incensed that Hellmann had found the “superwitnesses” unreliable. He argued that Hellmann’s problem with Antonio Curatolo, the heroin addict in Piazza Grimana, was not his failure to be consistent about the details of when and where he had supposedly seen us but rather Hellmann’s own “unwarranted prejudice against the witness’s lifestyle.” Galati even dared to embrace Curatolo’s argument that heroin is not a hallucinogen to insist he must have been telling the truth.
These arguments, to me, made a mockery of civilized discourse. I don’t honestly know how else to characterize them.
From my experience, I also know they are the bread and butter of the Italian legal system, the peculiar language in which arguments and counterarguments are formed every day. Not only do innocents go to prison with shocking regularity, while guilty people, equally often, win reprieve or acquittal; magistrates and judges who make the most howling errors rarely pay for their mistakes.
See Part 3 below for an Italian translation of the above, kindly supplied by main poster ZiaK.
2. Correctly explaining Cassation’s reasoning
Read all the posts here. Also read all the posts linked to here.
Italy’s excellent justice system is in fact exceptionally pro defendant, and prosecutors have to jump through more hoops than any other system in the world. Major errors and framings of innocent parties never make it through to a final guilty verdict.
Correctly understood in light of that system, there was nothing magnificent about the Hellman-Zanetti outcome. The Hellmann court is KNOWN to have been hijacked.
And these posts by Cardiol and James Raper show the report was written by two biased and wrongly qualified judges way out of their depth on both the evidence and the law.
Here is main poster Machiavelli’s explanation of what Sollecito.doesn’t get. The required logic Sollecito is ridiculing is intrinsic to Italian jursprudence (and US and UK jurisprudence) and is REQUIRED by the Supreme Court.
In plain English, Dr Galati is saying that Hellmann-Zanetti ignored that requirement.
Instead, they illegally went cherrypicking, with an extreme pro-defendant bias up-front. Bold text here is to emphasize that.
2. The failure to apply the inferential-inductive method to assess circumstantial evidence. This is a key point based on jurisprudence and is in fact a devastating general argument against Hellmann-Zanetti:
The appeal to Cassation’s jurisprudence on the circumstantial case originates from the fact that the Assize Appeal Court did not deploy a unified appreciation of the circumstantial evidence and did not examine the various circumstantial items in a global and unified way.
With its judgment it has, instead, fragmented the circumstantial evidence; it has weighed each item in isolation with an erroneous logico-judicial method of proceeding, with the aim of criticizing the individual qualitative status of each of them ..
Dr Galati accuses the appeal court of focusing on the quality of some pieces of circumstantial evidence, instead of their correlation to each other as the Supreme Court always requires. .The appeal judges, in actual fact, deny that the probative reasoning and the decisive and cognitive proceeding of the court is to be found in the circumstantial evidence paradigm of the hypothetico-probabilistic kind, in which the maxims of experience, statistical probability and logical probability have a significant weight.
The court must reach a decision by means of the “inductive-inferential” method: it proceeds, by inference, from individual and certain items of data, through a series of progressive causalities, to further and fuller information, so arriving at a unification of them in the context of [13] the reconstructed hypothesis of the fact.
This means that the data, informed and justified by the conclusions, are not contained in their entirety in the premises of the reasoning, as would have happened if the reasoning were of the deductive type “¦ (..) A single element, therefore, concerning a segment of the facts, has a meaning that is not necessarily unambiguous.
Dr Galati cites and explains further:
The Perugia Court of Appeal has opted, instead, precisely for the parceled-out evaluation of individual probative elements, as if each [14] one of them must have an absolutely unambiguous meaning, and as if the reasoning to be followed were of the deductive type.
This error emerges from the text of the judgment itself, but the gravity of the error committed by the Court in its decision derives from the fact that even the individual elements had been acquired by the cognitive-decisioning process in a totally partial manner, isolating the sole aspect that allowed the recognizing of doubts and uncertainties in the element itself..
So Galati-Costagliola concludes ““ and this by now is obvious ““ that the Hellmann-Zanetti court followed a “deductive only” paradigm on pieces in isolation, instead of the “inferential-inductive” paradigm prescribed by Supreme Court requirements (1995).
Moreover, Hellmann-Zanetti applied a deductive paradigm of assessment only to some cherry picked aspects of the single isolated pieces of evidence, overlooking other qualities of the single piece (an example ““ my own ““ is the possible “contamination” of the bra clasp found on the floor in the murder room.) Ordering an assessment of the quality of any element as if it was a proof in isolation from the rest of the evidence is itself unlawful.
But Hellmann”“Zanetti also picked out of the evidence one aspect alone, for example it points to the theoretical possibility of contamination by touching from gloves, but does not consider the negative check results from the possible contamination sources. The interpretation of X-DNA from the bra-clasp by Vecchiotti in the conclusion is worded as if to ignore the results on the Y-haplotype, and so on.
So even single aspects/qualities of isolated items are further isolated from other aspects by Hellmann-Zanetti, and are assessed without looking for a relationship to the context. This is a core violation of the basics of jurisprudence in cases based on circumstantial evidence.
3. Italian Version of the passage on the Cassation appeal from Sollecito’s book
This translation is kindly provided by main poster ZiaK.
Il rapporto di motivazioni del giudice Hellmann fu magnifico: 143 pagine di ragionamenti serrati che demolirono ogni singolo pezzo di prova contro di noi, e che con riferimento a quasi ogni questione tecnica presero le parti dei nostri esperti. Il rapporto strigliò sia la pubblica accusa, sia la corte di prima istanza per il loro affidamento ai congetture e ai nozioni soggettivi di probabilità invece di dipendere su prove solide. Perdipiù, il rapporto sferrò un attaco particolarmente severo su Mignini per aver denigrato il concetto stesso di prova oltre ogni ragionevole dubbio. Mignini aveva già scartato questo concetto come un inganno linguistico auto-determinante nel corso di uno delle suoi presentazioni alla corte. Hellmann fece notare che il dubbio ragionevole fa ormai - tardivamente - parte del codice penale italiano. Una causa stabilita unicament su probabilità , disse Hellmann, non é sufficiente e deve necessariamente condurre all’assoluzione del imputato o degli imputati.
La confutazione del rapporto della parte dell’accusa, presentato in appello un paio di mese dopo, fu quasi una cosa sbalorditiva.
Accusò Hellmann di abbandonarsi a argomentazioni viziosi, in quella vecchia falsità retorica conosciuta dagli antichi come petitio principii - cioè,sostanzialmente, partire dalla conclusione desiderata per poi andare a ritroso. Questa critica potrebbe essere applicata con molto più precisione a ciò che fecero l’accusa e il giudice Massei stessi: tutto - compresa anche la mancanza di prove - gli é servito di pretesto per dare appiglio agli loro argumenti sostenendo la nostra colpevolezza. Ma l’autore di quel rapporto della pubblica accusa, Giovanni Galati, scelse di non soffermarsi su queste ironie. Al contrario, preferii attacare Hellmann - io desideri davvero fossi solo scherzando su questo punto - per il suo aver ricorso al ragionamento deduttivo. Perdipiù, facendo ancora altre allusioni a grandi principi retorici, Galati si dichiarò insoddisfatto del fatto che la Corte d’appello avesse preso prove disponibili e avesse cercato di far seguire in modo logico un pezzo dopo l’altro. Devo supporre che Galati non sia un tifoso di Sherlock Holmes.
Galati sembrò furibondo che Hellmann avesse trovato inaffidabili gli “supertestimoni”. Sostenne che la difficoltà che Hellman terrò a proposito di Antonio Curatolo, il tossicomane della Piazza Grimana, non fu la sua incapacità di ricordarsi con coerenza i dettagli su quando e dove fossimo presumibilmente visti, ma piuttosto il “pregiudizio ingiustificato contro il modo di vivere del testimone” mantenuto del stesso Hellmann. Galati osò persino cogliere l’argomento di Curatolo, secondo il quale l’eroina non é un allucinogeno, per sostenere che Curatolo avesse dovuto dire la verità .
Tali argomentazioni, al mio parere, svuotino il discorso progredìto di tutte le sue valori. In onestà , non saprei descriverli in modo diverso. Nella mia esperienza, so anche che sono il fondamento del sistema giuridico italiano, e della la lingua particolare nella quale gli argumenti e controargumentazioni sono formulati ogni giorno. Non solo gli innocenti vengono incarcerati con preoccupante frequenza, mentre le persone colpevoli con altrettanto frequenza ottengono sospensione o assoluzione, ma anche i magistrati ed i giudici che fanno gli più strepitosi errori pagano raramente per i loro sbagli.
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[Below: Sollecito’s lead lawyer Bongiorno. Still in shock? She has made no statement yet on his book]
Thursday, March 22, 2012
No, Book Agent Sharlene Martin, Your Client Raffaele Sollecito Really IS A Hot Potato
Posted by Peter Quennell
[Above and below: Verona in north Italy where Sollecito is accepted by the university for a masters degree]
Los Angeles book agent Sharlene Martin posted this gung-ho comment on a Daily Telegraph thread (presently page seven) late Sunday night UK time.
I couldn’t be happier for Amanda Knox getting $4M for a book deal. What happened to her and Raffaele is a sin. BTW, I represent Raffaele for his book that we’re working on.
There is no restitution for wrongful conviction and both families incurred absorbent costs to help exonerate them so good for them if they help recoup the lost monies. They’ll never recoup the lost time of 4 years in prison.
She posted that at just about the same time we posted (post below) on the various hot-potato qualities of Raffaele Sollecito. Since then… no further word.
In terms of the book’s sale to a publisher she may not have much to worry about.
For this reason the deal is probably set in stone: Simon and Schuster are a fully owned subsidiary of CBS Broadcasting, which has gone to eye-popping lengths (post on this soon) to remain in bed with the Knox-Mellases.
The content of this ill-considered book might be a lot more problematic. Sharlene Martin might still believe that there are just a few open questions, easily accommodated to by the FOA talking points. In actual fact there are hundreds.
And the FOA have studiously stayed away from creating the alternate-universe scenario that Sollecito and Andrew Gumbel must now create, if they don’t want to end up as the laughing-stock of the western world.
This is a road-map of the Sharlene Martin-Andrew Gumbel-Simon & Schuster minefield.
- Here is the Machine’s list of 10 lies uttered by Sollecito which was posted three years ago and so far never challenged.
- Here is Kermit’s list of 150 questions which so far have never been answered by either of the formerly convicted perps.
- Here is Kermit on Sollecito’s footprint on the mat which Judge Micheli and Judge Massei accepted and Judge Hellman only weakly and possibly illegally rebutted.
- Here again is the Machine on RS’s various alibis the strange arc of which two years later is still unexplained.
- Here is lawyer SomeAlibi’s list of evidence points of a year ago which Hellman weakly rebutted or ignored and which still call for convincing explanations.
- Here is lawyer James Raper’s presentation with Powerpoint artwork by Kermit of the ONE convincing scenario that the evidence still points to.
Hmmm. Lotta questions to be answered in a hurry, if the book is to stir a wave of sympathy or outrage to stop the Italian Supreme Court punting the case back to Perugia to get it right this time around.
Above and below are images of the northern Italian city of Verona. It has the largest and best preserved intact Roman ampitheater in the world. It also has a very good university.
Possibly legitimately or possibly by way of strings pulled by his father, Raffaele Sollecito had gained a place in a graduate class at the university there for the Department of Computer Science’s masters degree in computer engineering.
In January Sollecitos father made several statements from Bari to the effect that Raffaele really was done with Amanda and dreams of visiting Seattle and would soon be headed for Verona to complete that postgraduate degree.
Rather suddenly, less than two months later, Raffaele is headed for Seattle, with his father and sister seemingly in hot and unexplained pursuit. Microsoft is suddenly mentioned as a firm which will interview him, masters degree or no masters.
So what happened? Well possible one explanation might be found in the comments area of every recent Italian report which allows them, which suggests that just about 100 percent of those posting don’t really like him.
That Italians dont really like him and are even inclined to physically take after him is also well illustrated in this story which we posted 18 months ago.
Sollecito was in the very modern solar-heated Terni prison for most of last year. He was moved back to Capanne this year just before the trial, amidst his loud complaints that Capanne lacks the internet connections for his computer-science homework.
Sollecito has just received word that he failed the virtual-reality entrance exam that he took at Verona University last March.
When he was being transported there in a police van for the exam, he was yelled at by an angry crowd when the van stopped at an autostrada rest-stop for what Americans call a bathroom break.
He was bundled back in, and the police van took off in a hurry. No bathroom break? That must have rattled his exam-taking composure, that is for sure.
Another possible explanation is that Sollecito is putting half a world between himself and Italy, because the Sollecito-Knox-Mellases realize that in light of Dr Galati’s formidable appeal that legally they are cooked.
Lots of good interview questions for Microsoft above. And a suggested new subtitle for “Presumed Guilty: My Journey to Hell and Back with Amanda Knox” ?
“Oops. This book idea really wasn’t very smart.”
[Below: A Verona audience waits in ampitheater for Sollecito to be fed to the lions, if they’ll have him]
Thursday, February 23, 2012
Sollecito Ghost Writer Andrew Gumbel Reveals To MedaBistro How Ill-Informed He Is About His Client
Posted by Peter Quennell
[Above left: Sollecito ghost writer Andrew Gumbel; above right, Sollecito agent Sharlene Martin]
Right now Sollecito ghost writer Andrew Gumbel is making loud, silly claims like many other writers who came upon the case and first fired from the hip.
And then “mysteriously” went silent and have not been heard from again. We have helped to edge back from the brink several dozen such reporters. Perhaps they ought to thank us - oh, actually in several instances they did.
Here on Media Bistro Andrew Gumbel gives a shoot-from-the-hip interview in which he seems to display a terrible batting average on the hard truths. The interview is being smartly ridiculed in the comments below it by among others TJMK’s own well-informed pro-Meredith campaigner Bucket Of Tea.
Here, to help set Mr Gumbel straight before it is too late, is our own informed commentary on what he said.
A: It’s a rule of thumb that prosecutors dictate media coverage in a criminal trial. They are the ones who bring the charges, and are either vindicated or successfully challenged in court; the texture and the substance of the defendants’ stories tend to get lost. And so it was here. The media coverage focused largely on the yes/no question of whether Amanda Knox and Raffaele Sollecito were guilty.
Untrue.
The mechanics of the case from the inside “” how they were interrogated, why they were prosecuted even after the most obvious perpetrator, Rudy Guede, was caught and convicted, the behind-the-scenes haggling between lawyers, defendants, expert witnesses, court officials and others “” have been revealed only in glimpses, if at all.
Untrue.
Both Amanda’s book and Raffaele’s book are sure to shed light on how and why this grotesque miscarriage of justice arose. I would venture to say Raffaele’s story is even more absorbing than Amanda’s, because it was his family which orchestrated the detective work that made it possible to dismantle the case against both of them piece by piece. It was a high-wire act from beginning to end, and it’s a thrilling tale.
Untrue.
Amanda and Raffaele can’t bring Meredith back, but they can give everyone the benefit of the truth. It’s an important story to tell. And after all they have gone through “” including the huge hit their families took to their reputations and their pocket books “” they certainly deserve both vindication and compensation….
Untrue.
Not only will the book leave no doubt about Raffaele’s innocence; everything Raffaele and his family have to tell, backed by previously unpublished documents in the case, suggests that his incarceration had almost nothing to do with the actual evidence but had another motivation entirely “” to be revealed when the book comes out…..
And untrue.Absurdly so.
Thirty plus judges who reviewed the case had no “other motivation entirely”. Please drop the smears of Italy and Italian justice. It isn’t becoming and there are already enough calunnia suits for felony defamation in the works.
And Sollecito’s family orchestrated no amazing detective work that showed that all the evidence was at fault. The defenses had every opportunity to do so in 2009 at trial and they did a truly terrible job. The Supreme Court already knows this so in what way exactly have they won?
In fact the main thing the Sollecito family is famous for right now is that they all face a trial in Bari. The charges are (1) illegally releasing video evidence to a TV network and (2) illegally attempting to subvert the police and prosecution by political means.
Now that’s true. Its seems two serious laws may have been broken. Andrew, read up about your Dear Clients here and especially here. They haven’t even attempted to “explain” all that as yet, and are almost certainly going to go down at trial.
And by the way, the evidence that the Sollecito family leaked to Italian TV? Video images of the naked body of Meredith. Very nice clients? You’ve been conned.
Friday, October 07, 2011
US And UK Media: Make RS & AK Answer The HUNDREDS AND HUNDREDS Of Open Questions
Posted by Our Main Posters
It seems Judge Hellman has begun sweating.
Maybe Judge Hellman already sees as much of the Italian public and commentators do that he’ll have a REALLY tough time answering all the open questions in his December sentencing report as he is required to.
Constitutional requirement of Ministry of Justice never met?
That so many questions exist but are not generally even known about, especially in the US and UK, is because a key requirement of the usually very careful Italian justice system seems to have been (illegally) ignored.
The key requirement is built into the justice system by the Italian constitution. It is that trial and appeal sentencing reports MUST be made available to the maximum extent, so that the general public (usually only the Italian public) can readily check on the legitimacy of trial outcomes.
Italy is the only country in the world that has that public check and balance on trials. Under that requirement, if it existed in the US, Barry Scheck of the US’s Innocence Project would likely find that most of the travesties of justice his team uncovers would never have happened in the first place.
Here is how things are meant to work.
Back when the Micheli Report on the Rudy Guede sentence was released in January 2009 with Judge Micheli’s reasons for remitting Knox and Sollecito to trial it was released in THREE formats.
- 1) It was released digitally (in a Word Doc) to the media with the one requirement that it not be posted in full. We translated most of our copy and posted an extensive summary (scroll down) in English in four parts (three by Brian and one by Nikki) in September 2009.
2) It was released in printed document form by the Ministry of Justice in Rome and anyone in Italy could buy a copy.
3) It was also posted on the website of the Ministry of Justice in text and Acrobat document format. It appears that this Internet version was checked out by hundreds of thousands and quite possibly even by millions.
Now when the Ministry of Justice in Rome released the Massei sentencing report for Knox and Sollecito (links at top of this page) in March 2010, they released it in only ONE format.
The Ministry of Justice released it ONLY on paper, and it was obtainable ONLY by the press and by those in the general public who managed to figure out how to buy a copy of the book-sized document from the Ministry.
To our knowledge the Ministry of Justice never ever posted the required Internet version.
The effect of this serious and seemingly illegal shortfall by the Rome Ministry has been that even in Italy few people have ever read the Massei Report. The number of Italian readers might be only in the hundreds and at most in the low thousands. Way, way less than ever read Micheli.
As a result only very few people in Italy may have ever realized how powerful, logically complete and conclusive that report is. Probably few or no peers of the lay judges in Perugia have ever read it. The most important document in the entire case is essentially unread.
In August 2010 a PMF team finished translating the Massei Report and made available the Masssei report in English in Acrobat format on the PMF forum and on TJMK.
In June 2011 Skeptical Bystander and a PMF team posted a Massei summary in text on TJMK and PMF.
This English language version has been downloaded close to 30,000 times and there are many people in the US and UK who are very well informed on the conclusions. Every lawyer we know who has read the report has agreed that it arrived at the right conclusions. Many say and several do right here in these posts (scroll down) that the case would have been way more than enough for a US or UK conviction.
A slam dunk in effect. Evidence overkill.
But few of the busy people in the US and UK media have read the Massei Report and no one in the media to our knowledge has extensively analyzed or quoted from it. None of the books out so far go into the Massei Report in depth.
WHY did the Italian Ministry of Justice fail to fully distribute the Massei Report, and in particular not post it on their website? And is the Supreme Court of Cassation aware of this huge shortfall in its distribution?
This is such a serious mistake that our Italian lawyers believe that the Supreme Court or even the President of the Republic of Italy if he is petitioned could throw out the entire Hellman proceedings, verdict and sentence.
The hundreds and hundreds of open questions
Arising from the Massei Report are literally hundreds of questions for the released defendants and their teams. They have been around since early 2010. The defense teams and PR campaign have never ever tried to answer these questions, or for that matter to produce a convincing alternative scenario that hangs together implicating Guede but not Knox or Sollecito.
Here are four lists of the many, many outstanding questions.
- 1) Kermit posted this list of 150 questions for the prosecutors to put to Amanda Knox halfway through the trial in 2009. Still unanswered.
2) The TJMK Main Posters submitted several hundred questions to the Italian MP Rocco Girlanda in November 2010. Still unanswered.
3) Main Poster and trial lawyer SomeAlibi posted a list of 25 outstanding questions in this post in February 2011. Still unanswered.
4) And now the Daily Beast has reposted its own list of ten questions, none of which it reckons have yet been answered.
Here from the Daily Beast are those ten questions with the Beast’s annotations showing how they are STILL unanswered:
1. Why did you and Raffaele Sollecito turn off your cell phones at the same time the night of Nov. 1, 2007, and on again at the same time the next morning? You told the police that you and Raffaele slept late the morning of Nov. 2, 2007, but phone records show that you both turned your phones back on very early that morning. How could that be? This question was never addressed fully in the appellate process except when Giulia Bongiorno for Sollecito said that perhaps the cat stepped on the phone and turned it on. At that time the prosecutor Manuela Comodi quipped, “I’ve got a dog and he has never done that.”
2. Why were you bleeding? Your lawyers agree with the prosecution’s findings that at least one of the spots of Meredith’s blood found in the house where she was killed had your blood mixed with it. Your mother told me that you had your period. Your stepfather told others that your ear piercings were infected. Which was it? Even if this mixed blood drop is contentious in its genetic makeup (all blood or blood mixed with DNA), the appellate court was shown a picture of a drop of blood attributed entirely to Knox on the faucet.
3. Once you realized your mistake in blaming Patrick Lumumba for Meredith’s murder, why didn’t you tell the authorities? You told your mother that you felt bad about it, so why didn’t you alert an official so Patrick could be set free?
4. Why did you go with Raffaele to the police station on Nov. 5, 2007? You were not called in for questioning. Did you realize at that time that you were both under suspicion?
5. Why weren’t your and Raffaele’s fingerprints found in your house after the murder if the two of you had spent time there that morning and the day before? Only one half-print on a glass in the kitchen has been attributed to you, yet you have claimed that you took a shower there that morning. How did you spend so much time there and leave virtually no trace? Much of the crime scene has since been determined to have suffered from sloppy investigative work, meaning the absence of fingerprints in any room of the house may be due to that rather than any sort of cleanup.
6. Why did you take the mop and bucket from your house over to Raffaele’s house? You told the prosecutor during your testimony in June 2009 that you took the mop and bucket to his house to clean up a leak under his kitchen sink. But by your own testimony, the leak was minuscule and could have been easily cleaned up without it. What were you really doing with the mop?
7. What would you do differently if you had a chance to rewind the clock back to Nov. 3, 2007? Would you go to the memorial service for Meredith? Would you still have gone to the police station with Raffaele? Would you have left for Germany when your aunt asked you to?
8. What do you think happened the night Meredith was killed? You have professed your innocence. Who do you think killed her and under what circumstance? Your supporters say Rudy Guede was the lone killer. Do you agree? Or do you think there are still others out there who were involved in your roommate’s murder?
9. What do you really think of the Italian justice system? You told an Italian parliamentarian that you got a fair trial, and you even thanked the prosecutors for trying to solve the mystery of Meredith’s death, but your supporters at home in Seattle maintain that the Italian system is corrupt and unfair. In your appellate hearing you said you lost faith in justice and the police. Now that you are out, what do you really think of the system that has both convicted and acquitted you?
10. Is there anything you wish you would have said in court during your (initial) trial (in which you were convicted)? You talked about your vibrator and about how you did not want an assassin’s mask forced on you. But in your final appeal after the closing arguments on Dec. 4, 2010, why didn’t you say the words, “I did not kill Meredith Kercher”? Raffaele did when it was his turn to speak. Why didn’t you? You have said on many occasions during the appellate trial that you did not kill her and you have never hurt anyone. This question has been addressed with your denials. What about the rest?
Judge Hellman may be able to answer all of these unanswered questions AS HE MUST under Italian law in his sentencing report. He cannot simply address points defense raised about small parts of it. He must be able to explain the totality of the evidence or his report risks being thrown out by Cassation and a retrial at the first appeal level ordered.
Possibly Judge Hellman might be able to achieve this. But why do we seriously doubt it?
Monday, October 03, 2011
Million Dollar Campaign And American Media Come Under Intense Ridicule By An Influential Italian
Posted by Tiziano
Vittorio Zucconi is the US editor of the major daily La Republicca and lives in Washington. He has more influence over Italian perceptions of America than any other. This is translated from the Italian.
A few hours from the verdict, America is in a trance over Baby Amanda - she is the girl from the golden west, an innocent victim of the wicked witches of the east, the ones wearing the robes of the Perugian judges - now awaiting the happy ending that everyone is expecting, which legions of correspondents and American TV cameras talk about and recount, as if the fate of the west depended upon her release from prison on appeal or on the confirmation of the guilty verdict
By Vittorio Zucconi per la Repubblica
She is the “Girl from the Golden West”, the innocent victim of the wicked witches of the east, the ones who wear the robes of the judges from Perugia. It is a melodrama, sung, played and staged for an American audience which relishes it and avidly follows it like a soap opera or one of those legal thrillers which have made the fortune of of authors like Grisham, Turow and before them Earl Stanley Gardner.
Amanda like Puccini’s Minnie, is the snow-white, naive, extremely innocent girl imprisoned on the wild frontier of the Italian justice system, now awaiting the happy ending which everyone expects, which legions of correspondents and TV cameras tell of and which are preparing to recount as if the fate of the West depended on her release form prison on appeal or on the confirmation of her guilty verdict. And which networks like the ABC are already selling for $7.99 to be downloaded to I-pads and tablets.
Such a show of strength, such a shelling out of money on the part of “news organisations”, all now very careful down to the last cent in bad times, about a legal case the like of which has probably not been seen on the other side of the Atlantic since the trial of historic importance of Adolf Eichmann.
Yes, the monster of the SS, the brain and the accountant of the Jewish genocide. Live satellite coverage is expected for the imminent sentence to be pronounced by the Appeal Court and daily services will broadcast, especially those for the morning shows, those desperate housewives, for mothers who have children anxious to escape from the boredom of suburbia, the same old routine of high school parties to fly far away for new experiences, as Amanda dreamed.
The one whom the British tabloid press straight away stained with the nick-name given to her by her soccer team friends, in the football she played as a little girl: Foxy Knoxy, in which foxy means agile, cunning, escaping tackles and not for that “foxy” which, as in Fellini’s Amarcord evokes the arts of an enchantress and insatiable desires. Because while the USA was barracking for Knox, the English cousins were against her.
As well, other than those irresistible ingredients thrown into the cauldron of the morbidity which gains circulation and titillates the worst in every consumer of garbage TV with bombs and horror reconstructions, sex, blood, satanism, the woman with sacrificial lamb and the butcher, in the fury of the American media who throw themselves against this “court peopled with provincial lawyers” (still Rolling Stones which dedicated an extremely lengthy inquest) there is a great repressed and secret desire for vengeance.
There is the repressed rage against that Europe which is always ready with finger raised to accuse American justice of monstrous errors, of inexplicable acquittals (the O J Simpson case), of “puritanical” persecution as is said precisely on our shores, (Clinton crucified for oral sex), of horrible shows, like the arrest and the world-wide shame of Strauss Khan, or the details of the “panties cover-up” - inside or outside? - of the victim of Willy Kennedy Smith, raped on the beach of the Kennedy villa in Florida.
American justice which triumphantly boasts that it is the best in the world, but refuses to recognise that it has sent, and still sends, innocent people defended by useless bar-room lawyers to be executed.
Now swallow this, you supercilious and presumptuous Italians and Europeans. The frenzy of the specials about Amanda is pursued by the satellite nets which have to recuperate their expenses.
CNN, once the authoritative queen of the satellite, yesterday showed a long special on the four years of torments and injustice, with Amanda on show on the site, with her face in the shadow, her fresh-face and prison profile, the “girl next door”, quite different from the she-devil, the satanic female painted by the “baroque” closing arguments (here is another expression which appears in all the reports on the prosecutor, next to “mediaeval”, all that is missing are the Borgias and Machiavelli.)
On the site her face figures in double format in respect to the pallid and sinister image of the jihadist Anwar al-Awaki, killed yesterday, one of the infinite number of aspiring candidates for the succession of Osama Bin Laden. The number of listeners and hits motivates CNN: Amanda is in first place and is beating the terrible terrorists, as well as news on the economy and the stock market, disastrous again.
We are possibly on the way to a second recession, but there is no match, in the ratings, for that travesty, that parody of justice, put in place against the girl from the golden west, martyred in Perugia.
It is a thought that will print books, burn DVDs, work video-recorders to see once more the specials of CNN, Fox, ABC, CBS, MSNBC, local broadcasters, which have exalted as a hero, the blogger from Perugia who was sceptical from the first day. And the first network which succeeds in obtaining - or buying - the truth from Amanda, the “accidental murderer” who was dreaming of the view of Umbrian cypresses and who saw the prison bars of Italian justice, will be transported to the stars.
‘Is it true that you are always dreaming of sex?” the prison guards would ask the girl, according to her diaries, also printed greedily by Time. True, false, it doesn’t matter. Amanda is a victim, a woman, a little girl, and the verdict has already been issued here. An America, year in year out accused of being an executioner by anti-Americanism, even when its own symbols are collapsing, can finally call itself, this time, the victim. Today, here, we are all Amanda.Knox.