Saturday, December 11, 2010

The Two Convicted Seen Arriving For Their Weekly Date In Appeal Court

Posted by Peter Quennell

Proposed Defense Witness Aviello Cell Searched: Could Be Setback For Defenses

Posted by Peter Quennell

[Above: So-called supersnitch Luciano Aviello as he looked maybe 20 years ago]

The defenses could be about to find that neither of their requested key witnesses will be willing to mount the stand. 

The Italian media are reporting that the prison cell of Luciano Aviello has just been searched. Aviello is the supersnitch from Naples who has a history of falsely accusing others to try to give himself a break.

We have been remarking for a while that both Aviello and the baby killer Mario Alessi could face perjury charges and another few years on their sentences if the police can uncover evidence that if either testify, they committed perjury on the stand.

Both prospective witnesses were interrogated in prison by both the defense teams and the prosecution. The defense claims after their interrogations always sounded pretty desperate. The prosecution have never ever revealed what they heard.

The purpose of the Aviello search was stated to be related to a possible charge of calunnia which in effect is criminal defamation of others. Possibly Aviello’s cellmate snitched. That sure would be ironic.

Let us take a leap in the dark here. Do Italian authorities REALLY not like people who lie in the course of criminal proceedings? Whether on the stand or in the mass media?

Tuesday, December 07, 2010

Andrea Vogt Provides Heads-Up On What May Happen In The Appeal

Posted by Peter Quennell

Luciano Garofano created Carabinieri DNA labs; quote below

Update On Pending RS And AK Appeal

Another of the many very informative reports that have appeared on the Seattle PI website.

A mild qualification up front is that we would have liked it mentioned that the prosecution have also initiated an appeal, to throw out the “mitigating circumstances” outlined in the Massei Report.

A reversal on the mitigating circumstances, which we too have always found problematical, could result in all three serving longer time. What the prosecution will come out with in that phase is a real sleeper in this appeal.

1. On John Kerchers article protesting the over-the-top PR campaign

The Kerchers have maintained their silence since their daughter’s murder, even as Knox’s parents appeared on national television in the United Kingdom, the U.S. and Italy. But that could change, as negotiations are under way with at least one national network to hear the Kerchers’ side of the story.

Correct and accurate. More on Meredith would be so welcome to an American audience. We reposted John Kercher’s hard-hitting article here in English and (as the Italian media mostly don’t yet know about it) here translated into Italian.

Biased reports like those of the ill-researched Nikki Batiste of ABC, which mis-stated and ridiculed John Kercher’s claims, omitted to say what Andrea Vogt says: this is THE FIRST TIME that John Kercher has gone public, in an attempt to stop the depraved multi-million-dollar deluge.

2. On the chances of an overturn of the December 2009 verdicts.

American pundits are quick to predict Knox could walk, but Italian legal experts say the chances of completely overturning her conviction aren’t good. More likely, they say, are the prospects of a sentence reduction.

“The Knox trial is one of the few, in the history of Italian criminal justice, in which over 25 judges have agreed—at different stages—on the adverse impact of the collected evidence against the positions of both Knox and Sollecito. In this respect, the case is rather unusual, as Italian justice is often characterised by conflicting decisions of courts on the same case,” said Stefano Maffei, an Oxford-educated professor of criminal law in Italy interviewed by seattlepi.com.

“What I can confirm is that courts of appeal are generally more lenient than courts of first instance, and I would not be surprised if the decision on appeal could bear a lower sentence for both defendants.”

The point is made up at the top here that this report does not mention the appeal of the prosecution for tougher sentences , which would seem to effectively balance out the probabilities that Mr Maffei and all the defenses now claim.

The sheer number of judges that all of them agreed on the evidence in this case is particularly damning. Our own Italian lawyers between them know of ZERO cases where so many judges in succession have found no reason to reverse any part of the process.

We have posted a number of good descriptions of how the Italian process actually works (these go beyond the descriptions in ANY British or American reporting, another sign of how sloppy it has mostly been), and our key posts can be seen here and here and here.

3. On the requested defense witness Mario Alessi

In a file tucked neatly under a polished glass paperweight in Laura Ferraboschi’s Parma law offices is a carefully guarded letter that Knox and Sollecito hope will set them free.

It is 10 pages, handwritten in the small, tilted script of Mario Alessi, a convicted murderer who had the prison cell across from Rudy Guede in the sex crimes ward of a tough prison just north of Rome….

Alessi mailed his statement to her for safekeeping after becoming concerned it might “disappear,” she said…. Sollecito’s lawyers, eager to have the letter at their disposition, asked Ferraboschi to share it, but she has refused, saying she did not feel it would be ethical to do so.

“Alessi sent the statement to me for protection, and I do not feel it is appropriate to give it to other lawyers who might drag him into a case that could negatively impact him,” Ferraboschi said. “If a judge requests the statement or his presence, then we will provide it.”

Good luck on that one. We doubt Alessi ever makes the stand. Here is our most recent post on Mario Alessi which links back to several that went before.

Prosecutors Mignini and Comodi also interviewed Alessi. They have not yet made public what he said.

Investigators and prison staff would have checked Alessi out very carefully.  Laura Ferraboschi seems to be hanging firm on not sharing the letter, out of concern that Alessi could incure a charge of perjury.

4.  On the requested defense witness Luciano Aviello

The second series of jailhouse “revelations” are from Luciano Aviello, a Mafia turncoat from Naples who shared a cell in Terni with Raffaele Sollecito. Knox’s lawyers went to videotape a statement from him in prison near Turin in March, a month after Bongiorno had videotaped Alessi’s statement in Viterbo.

He wrote several letters to the court last year. In the most recent statement, he claims he can prove all three people in jail for Kercher’s murder are innocent. It was his own brother, he says, who killed her. Aviello…

Aviello said his brother killed Kercher in a robbery gone awry, then asked Aviello to hide a bloody knife and set of house keys. Kercher’s set of house keys have not been found.

Good luck on that one too. We doubt that Aviello too ever makes the stand.

In our most recent post on him here we remarked that, with this guy, the defense was already seriously grasping at straws. We are amazed that they still want to wheel him out. That weak move does not bode well for Knox and Sollecito.

5. On the requests for more testing of the DNA

Repeatedly, judges have rejected defense arguments about the forensic evidence despite the slipshod way it was processed and Italy’s reputation of lagging behind the rest of Europe in DNA certification, handling protocols and databasing.

Many outside observers believe the court should allow for such an independent review, given the number of protocol mistakes revealed in the first trial.

Defense attorneys and their expert witnesses heavily criticized the work of police biologist Patrizia Stefanoni and the Perugia and Rome forensic teams working under her direction for such missteps as not changing gloves after picking up evidence, poor collection methods and incomplete records of how evidence was handled and in what exact order during later laboratory testing….

Two of the primary pieces of evidence against Knox and Sollecito are highly contested: A bra clasp originally catalogued in the first days after the murder that was picked up in a sweep of the crime scene 46 days later, and the kitchen knife with Knox’s DNA found on the handle and the victim’s DNA found on the blade. The bra clasp is said to contain Sollecito’s DNA. The amount of Kercher’s DNA found on the blade was such a trace amount it registered with a “too low” reading when analyzed.

Our DNA section on TJMK is very complete and to a very high standard. The three posts here and here and here are particularly worth a very careful read. 

More tests had already been denied by Judge Massei. Defenses tend to like to do this, to keep insisting on more and more testing, until finally with luck an expert breaks their way.

The defense now “highly contests” the testing but they also attempted that throughout the trial and several of their experts under cross-examination had to take a step back.

Experts were invited to the one-time-only DNA testing of the knife and then (surprise, surprise) on the day of testing not all of them showed up.

And on whether Italy lags behind the rest of Europe on standards, see below (Italy doesn’t)..

6. On the standards of the laboratories that did the testing

A top geneticist at one of Europe’s top forensic labs at the University of Salzburg confirmed in an interview with seattlepi.com that it is possible to amplify such a small amount of DNA, as Stefanoni did, until DNA can be identified. But the expert added that it would not be allowable unless the result could be reproduced, something police biologist Stefanoni said under cross-examination could not be done.

The Salzburg geneticist, who does forensic testing for police agencies in neighboring Austria, said that in the university’s certified lab (which has the highest certification available in Germany and Austria) different operators are required to handle suspect and victim DNA and that the various phases of DNA analysis happen in different labs along a “one-way street” to avoid the possibility of contamination.

Such protocols were not in place in Rome. In fact, Italy is noted for being behind on international forensic standards. For example, it is one of the last (and only) European countries to have not yet become part of the Prum convention, which sets basic guidelines for sharing of DNA data and other security information.

The top geneticist at Salzburg University is unfortunately not named, presumably at his request, and there have been so many claims by both anonymous and unqualified self-proclaimed experts throughout this case that we wish he had said that yes, he could be named.

The Rome labs were in fact being operated to international standard and they had followed the European protocols for years. When they were only recently certified to European standards, none of the procedures or the training or the layout of the labs had to be changed.

Perhaps the top geneticist should have mentioned this. 

7. And on the views of renowned forensic scientists Luciano Garofano

One of Italy’s top forensic biologists, retired Caribinieri General Luciano Garofano, is at the forefront of the push to introduce a national database and DNA certification standard in Italy. Garofano (a member of the American Academy of Forensic Sciences who collaborated frequently with the FBI over the years as a high-ranking Caribinieri military officer) analyzed the forensic evidence in the Perugia case for a book released shortly after the trial was complete.

He believes Knox was involved in the murder, but he disagreed with the court’s conclusion that Kercher was sexually assaulted—he is convinced Kercher’s death was a fight that degenerated, then later staged as a rape.

Interviewed by seattlepi.com, Garofano said his read of Knox’s appeal was that it was mostly a rehashing of “points that have already been debated…. The knife is a weak element . . . they could argue it should be thrown out because the amount of DNA does not meet international forensic standards. But that still leaves a lot of other evidence,” Garofano said.

“I do not believe there is enough there to convince an Italian magistrate and jury to overturn this conviction.”

Terrific comments. Hard to see why either Knox or Sollecito deserve even the slightest reduction of their sentence. Neither of them has come up with a consistent explanation, both of them seem to have shown some glee, and neither has shown the slightest sign of repentance.

If they tortured and killed Meredith in a particularly cruel and barbaric way, as it seems, then they both seriously need to serve the time.

Monday, December 06, 2010

Will Sollecito And Knox Finally Want To Take The Stand? Why Our Betting Is Against

Posted by Kermit

The Massei Report makes nothing of the fact that Amanda Knox and Raffaele Sollecito did not rise under oath in their defense.

But if that made zero impact on the perceptions of the judges and lay judges, we would be very surprised. There are VERY few cases in the US or Europe where an INNOCENT defendant (1) rose to testify, (2) was then found guilty and sentenced, and (3) and was later found to be innocent after all.

Raffaele Sollecito never ever took the stand. He confined himself to some spontaneous remarks not under oath which is permitted in Italian courtrooms. They seemed not at all effective and they sure didn’t eliminate at all the 80,000 pound gorilla of evidence that the prosecution had let loose in the room.

Amanda Knox made similar spontaneous remarks, none of which seemed very helpful - the first was to jokingly explain why her bunny vibrator was always on view in the bathroom that she and Meredith shared.

The Knox testimony seen here was not a part of the main trial - it was offered ONLY to explain why Knox implicated Patrick Lumumba, and under the agreed rules for that testimony, the prosecution’s questioning was very circumscribed and curtailed.

Despite that, Amanda Knox seemed to do herself little real good on the stand, and in her second day there she sounded amused and very callous about the death of Meredith.

Please click here for 150 questions for Amanda Knox which should open in Powerpoint in half a minute. They show how blistering a full-blown prosecution cross-examination really could be.

Actually it could be even tougher. Those questions were assembled 18 months ago - and in the months after, we had the hesitant and nervous defense phase, the very strong prosecution summation, and the implacable Massei Report.

We could probable triple the questions for Knox now, and create a similar list for Sollecito. If he is given the chance to cross-examine the two, Prosecutor Giancarlo Costagliola very well may triple them.

The defenses have very few rounds of ammunition going into this appeal - the anti-Guede witness Alessi is a joke, and the DNA and forensic tests were all done fine the first time and have never been proved - despite all the smoke being blown - to be false or falsified.

So will they or wont they take the stand?

They seem cooked if they do - and cooked if they don’t. Tough call.

Friday, December 03, 2010

The Toxic Pro-Knox PR Campaign And Media Circus That John Kercher So Rightly Complained About

Posted by Hammerite

The following is a personal observation on the state of play of the Seattle driven PR campaign and resultant Media involvement in the first appeal stage of dear Meredith’s murder trial.

Amanda Knox and Raffaele Sollecito were unanimously convicted of involvement in her barbaric torture and murder by the Court in Perugia in December 2009.

As far as I am aware nether the Court of Assisi or the Kercher family (or their agents) are actively engaged in presenting any PR information whatsoever on the part of the ongoing trial process to any media outlets anywhere.

On the other hand, we know for a fact that the Knox/Mellas faction have engaged in and continue to use the services of a national brand public relations firm to “put their spin “ of events into the public arena.

Their areas of focus have primarily been the USA electronic and print media with secondary efforts attempted with the UK media.

What the USA and UK public are witnessing in the present media output therefore is the culmination of the intense and bought (paid for if you like) “reporting” solely on behalf of and in the interest of Amanda Knox (they are not bothered for now to include that waste of media space Raffaele).

The USA and UK media have little to zero interest in this case as a newsworthy story and consequently will not get off their seats to report on it. It was a seven day wonder that dragged on too long and now no longer sells newspapers.

They will however accept handouts in the present form of biased and prejudiced propaganda press releases from the Knox/Mellas camp and print it as “reporting”. It fills column inches and can be “tarted up” to a degree of sensationalism for occasional use and increased circulation.

The PR campaign would have us believe that the AK/RS appeals submissions have debunked the existing evidence and discredited the witnesses.

This of course is what they are paid to say even when it is not the case. It may have an agreeable ring to it for the accused supporters but holds little sway with the eight person judicial adjudicating panel comprising two professional Judges and six lay volunteers..

It is the job of the defence legal team to say that they have turned a corner in terms of exonerating their clients. However turning a corner is not such a big deal when you are right bang in the middle of a maze.

The sheer volume of evidence that exists and the undeniable interconnections that links it all to AK & RS constitutes that maze; someone should remind their supporters that you can turn many corners in a maze and still not get out.

It must be remembered that holding this appeal is an automatic function under the Italian Judicial system.

The PR campaign would (wrongfully) have its audience believe that this appeal is happening as a result of faults in the prosecution case uncovered during the first trial; because this is the practice in the USA and UK where an appeal would only be granted if there were discernible strong grounds and on merit.

The spin is capitalising on the (wrongful) perception by the media and the public in the USA and UK that there must be strong grounds for an appeal.

This is not the case here. It is an automatic appeal.

The prosecution case was solid and the conviction was unanimous in the first trial. Nothing has changed. The prosecution case is still the same and the outcome is therefore likely to be the same.

Make no mistake; the Judges involved in the appeal process are not fickle or weak-minded individuals that are easily swayed by media spin, insults or bullying attempts. Neither are they bought or in the pocket of the Knox/Mellas PR apparatus.

It is likely they are unaware of much or indeed any of the “spin” that is being generated by the Knox/Mellas faction in the media outlets in the USA and UK.

Most likely they have real lives to get on with themselves and see (rightfully) this appeal trial as simply another task they will perform correctly out of hundreds of others they come across in the course of their career; it is no more or no less important than every other case they have or will work on.

This is likely the same scenario that the Judges in the initial trial undertook when they carried out their duty in a fair and honest fashion.

They came to a unanimous decision based entirely on the evidence presented to them that Amanda Knox and Raffaele Sollecito were guilty of compliance in the murder of dear Meredith. The same can be stated for every Professional judge that sat on every AK&RS court appearance since dear Meredith’s murder.

Just because a blog or PR fed news outlet in the USA or the UK proclaims that the tide is turning in favour of the accused doesn’t mean that the Judges in Italy are even aware that there is a tide there in the first place at all; not to mention even considering that it is turning.

These Judges by their very nature are genuine and conscientious people.

They will not favour PR fed media coverage and disregard the evidence presented before them in court. And they certainly are not in anyone’s pockets. They will do their duty in the same upright manner and with the same exemplary scruples as was carried out by the Judges in the first trial.

Based on the case presented in the first trial and now to be re-presented in the appeal (and once you remove the PR hype) there is every reason to believe the convictions of AK&RS will stand. This is how I see this second trial going.

Rest in Peace dear Meredith.

Explaining The Massei Report: Establishing The Time When Meredith Passed On

Posted by Storm Roberts

Why This Matters So Much

Perhaps the hardest parts of the Massei Report for compassionate readers to take are those concerning Meredith’s wounds and time of death.

Those passages commence early in the report and, as with our translation of much of the Micheli report, left our translators and many readers disturbed and a few of them at least in tears. 

This is an abbreviated overview of how forensic medicine helped the court to establish the time of Meredith’s death.

Please click here for more

Monday, November 29, 2010

Explaining The Massei Report: The Timeline For Events Before, During, And After The Night #1

Posted by catnip

The Masssei Timeline To Midnight 1 Nov

These two posts list all of the events precisely timed in the Massei Report. Page numbers shown in brackets are those in the original Italian version.

This timeline will be reposted over on the TJMK Massei Report summaries and highlights page as we populate that page further starting this week.

There are plenty of mentions of imprecise occasions and general time periods, such as when Rudy told Giorgio Cocciaretto about liking Amanda (p26) or when lawyer Palazzoli found out their stolen computer had been recovered in Milan (p33), but they are not listed here.

nts_before_during_2/”>Post #2

Please click here for more

Explaining The Massei Report: The Timeline For Events Before, During, And After The Night #2

Posted by catnip

The Masssei Timeline After Midnight 1 Nov

We continue here from Post #1 These two posts list all of the events precisely timed in the Massei Report. Page numbers shown in brackets are those in the original Italian version.

There are plenty of mentions of imprecise occasions and general time periods, such as when Rudy told Giorgio Cocciaretto about liking Amanda (p26) or when lawyer Palazzoli found out their stolen computer had been recovered in Milan (p33), but they are not listed here.

Please click here for more

Sunday, November 28, 2010

The Knox Team Makes A Loud Blustery Attempt To Put Lipstick On Its Pig Of A Defense DRAFT

Posted by Peter Quennell

The issues they have to confront include the dramatic changes to her stories, a complete lack of any alibi, the staged break-in, the evidence of mixed DNA (hers and the victim’s), and the proven lies about her activity on the morning after the murder. Taking the court of appeal on a magical mystery tour of a missing knife is nothing more than a distraction.

A court can only strive to establish a motive but, if it’s clear that those tried are guilty, then the motive is not the be all end all.

The most important thing about motive is assessing it in order to determine what the risk is, in future, of the offender repeating the crimes and in murder, especially, what the dangers will be to society.

“Motive” is not an element of the crime. Prosecutors prefer to have a motive because it ads to proof of guilt, but it doesn’t need to be proved. “Intent” is not the same thing “motive.” Intent is an element of first degree murder in common law jurisdictions.

So, media coverage causes unfair trials? Those who endured Stalin’s secret trials might be surprised to know about this. Would a complete media blackout have changed any of the evidence used to convict the two young adults?

It’s ironic that Curt and Edda and the FOA complain about the media influencing the judges and jury in this case when they have done their utmost to influence the legal proceedings in Perugia through the media.

Knox on stand

sure hope Knox’s lawyers aren’t hinging their entire case on the possibility of a second knife existing or not. That’s somewhat beyond belief. They have to deal with the knife that does have her DNA on the handle and Meredith’s on the blade. Mocking the judge for introducing a second knife that wasn’t found sounds like desperation.

The other thing they’re apparently focusing on is lack of motive. This too is a mistake. She’s a quirky Seattlite who conducts sing-a-longs in the courtroom at her own murder trial. And you’re going to ask the appeal court to look deeper for a motive?

I agree that attacking the conviction on the basis of a second knife and motive seems incredibly lame. The evidence you cite is a huge hurdle to get over. They don’t just need to score one or two points (they will probably do so) but address many, many inconsistencies. There are so many strands to this particular web they have woven, and some huge holes in it they have to fill in order to be ‘let off’. I would be astonished if this were to happen. The suggested grounds for appeal here make me pity the pair of them. After all this time, this is their best shot? Holy cow. Their parents must be working hard to maintain the facade of optimism…

I sure hope Knox’s lawyers aren’t hinging their entire case on the possibility of a second knife existing or not. That’s somewhat beyond belief. They have to deal with the knife that does have her DNA on the handle and Meredith’s on the blade. Mocking the judge for introducing a second knife that wasn’t found sounds like desperation.

“Problem is, no one ever mentioned that in court. In fact, the existence of a second knife, Team Knox asserts, was never entered into evidence and as such, should not have appeared in the judge’s reasoning for his conviction.”

Mignini mentioned the second knife when he put forward the prosecution’s scenario of what happened that night.

 

 

 

 

Wednesday, November 24, 2010

1st Appeal Session: A Roundup Post On Points of Significance In The Italian, UK And US Reporting

Posted by Peter Quennell

The full cycle of court session reporting usually takes quite a few hours, so new items will be added periodically at the bottom of this post.

1) Andrea Vogt in the Seattle Post Intelligencer on the court dates.

Presiding judge Claudio Pratillo Hellman (with assistant judge Massimo Zanetti) swore in the jury of five women and one man, then promptly made his first decision: hearings just once a week—on Saturdays—to accommodate Sollecito’s high profile attorney Giulia Bongiorno (a key Italian parliamentarian and head of the justice commission who recently revealed she is several months pregnant).

Lead Prosecutor Giancarlo Costagliola noted it was out of the ordinary to build a trial around one lawyer’s personal and political engagements, adding that while everyone wants Bongiorno’s pregnancy to go forward regularly, “we must also ensure the trial goes forward regularly.”

But the judge said in order to start the trial “in a serene atmosphere,” he would grant the request, and fixed hearing dates for Dec. 11, 18 and Jan. 15….

2) Andrea Vogt in the Seattle Post Intelligencer on the defense strategy for the appeal.

Knox’s appeal is built largely around a request for an independent review of forensic evidence (in particular the DNA evidence from the knife that prosecutors say was the murder weapon)...

The appeal also cites a lack of motive,and a series of inconsistencies in witness testimony. Put together, that lawyers say, the arguments establish reasonable doubt.

In particular, the appeal introduces new questions about the reliability of testimony of Antonio Curatolo, a homeless man who placed Knox and Sollecito near the scene of the crime the night of the murder.

Sollecito’s appeal also includes an evidentiary review (in particular of the DNA found on the victim’s bra clasp) but also aims to introduce new evidence, such as pillow stains not tested by forensic police, and expert testimony about Sollecito’s computer mouse, whichlawyers say proves he was home when prosecutors claim he was at the murder scene.

3) Andrea Vogt in the Seattle Post Intelligencer on the outcome possibilities.

Prosecutors are also appealing the extenuating circumstances granted to Knox and Sollecito, in hopes that they’ll be handed down a life sentence.

Under Italian law, anything can happen in the appeals process, from complete acquittal, to conviction on lesser charge such as manslaughter, to an even harsher sentence if convicted again.

4) Andrea Vogt in the Seattle Post Intelligencer on changes to Knox’s mood and PR strategy.

Knox did not appear the same carefree Seattle girl who in her first public court statement giggled as she explained that her rampant rabbit vibrator was just a joke, or who would often turn to smile and wave at friends and family during courtroom breaks.

Three years in the Capanne penitentiary have taken their toll—the gravity of her situation has set in, and recent months have been particularly fraught with tension and worry.

“She feels the weight of all of this on her shoulders,” Ghirga said. “She has lost some faith.”

Her family’s approach has also changed. In sharp contrast to the criticisms directed at the Italian judiciary during her first trial, Knox’s stepfather Chris Mellas, told reporters outside the courthouse that the family had “full faith in the Italian justice system,” adding that “after all, Italy’s judiciary has a long and rich history.”

“Amanda is happy to finally get this process going, we have a new jury and new judges. Unfortunately we have the old prosecutor, but you can’t have everything.”

Yet that most controversial figure, prosecutor Giuliano Mignini, was not even present in court. Only co-prosecutor Manuela Comodi donned the black robe to help lead prosecutor Giancarlo Costagliola.

[Below: Broadcast media equipment outside the court last night mixed in with the seasonal funfair in the piazza]

1st Appeal Session: Kercher Lawyer Maresca Says Verdict Perfect, Seems Optimistic This Soon Over

Posted by Peter Quennell

[Above: Kercher family lawyer Maresca with Knox defense lawyer Ghirga]

Dario Thuburn of the AFP reports remarks by Kercher family lawyer Francesco Maresca and Meredith’s father John.

A lawyer for Kercher’s family, Francesco Maresca, said the original sentence against Knox was “perfect” and said he would “call for justice again.”

He said the Kercher family is eager “to close this chapter.”...

Kercher’s father, John, meanwhile sent a letter to the mayor of Perugia through his lawyers to thank local authorities for setting up a scholarship in her name at the university where she was on an exchange programme.

“Meredith loved Perugia and had made a lot of friends there,” John Kercher wrote, adding that the family was “moved” by the scholarship decision.

Also included in Dario Thuburn’s report on today’s short session:

A nervous-looking Amanda Knox began her appeal on Wednesday against her conviction for the gruesome sex-murder of a British student in the medieval Italian city of Perugia in 2007….

“We feel as though we have a very good case,” her step-father, Chris Mellas, told AFP ahead of the hearing. “She’s going to go home,” said Mellas, who has been living in Perugia since September to help Knox prepare for her appeal….

Wednesday’s hearing lasted only a few minutes and the appeal court judge scheduled the next hearings for December 11, December 18 and January 15…

[Knox defense lawyer] Ghirga said the defence would focus on DNA evidence linking Knox to the crime scene that he said had been questioned by three scientific opinions. The lawyer said Knox’s mother and father would be at the hearing on December 11 and said he expected the trial to conclude in February or March.

Asked about her health, he said: “She looks terrible. She’s very thin.”.. Prosecutors have said they will seek a life sentence for Knox—their original request in her first trial—if the conviction is upheld.

Note what Mr Ghirga said about the appeal maybe being over in February or March. The judge decided on sessions only once a week (Saturdays to suit the pregnant lawyer Giulia Bongiorno) which suggests it’s all over in 10 sessions or less.

We believe the only way it can conclude as soon as that is if all or most of the requested DNA re-testing and new witnesses are refused. DNA re-testing alone could take months.

That makes the 11 December appeal session into quite a cliffhanger.

We can see no overwhelming reason yet for the verdicts to be overturned, and if there is going to be one it can only come from that retesting and any new witnesses if allowed.

1st Appeal Session: Appellant Amanda Knox Arrives In Appeals Court

Posted by Peter Quennell

1st Appeal Session: Appellant Raffaele Sollecito Arrives In Appeals Court

Posted by Peter Quennell

1st Appeal Session: Judge Claudio Pratillo Hellmann And Prosecutor Giancarlo Costagliola

Posted by Peter Quennell

Monday, November 22, 2010

Explaining The Massei Report: Motive In The Meredith Kercher Case And Its Addressing In The Report DRAFT

Posted by James Raper

superceded by revised post 12 april 2011

I have read the Massei Report which in the main I thought was excellent. He was incisive with his logic, particularly, though not exclusively, with regard to the staging of the break in and how that necessarily meant that Amanda was present at the scene when the murder was committed.

However, I thought that he was rather feeble in his coverage of the defendants’ motives as to the attack which led to this brutal murder. Perhaps he thought it better to stick with the indisputable evidence.

Since this pointed to a sex attack, he surmised that Guede had a go at Meredith first, and then - because the stimulation was too much for them - he was joined by Amanda and Raffaele. This works but does seem a bit weak. There were, to my mind, undoubtedly other factors at work, and it is these which I wish to address.

For instance, Massei asks, though he says we can not know, had Amanda egged Guede on as to the “availability” (my word, not his) of Meredith during or prior to their presence at the cottage?

Frankly the answer to that has to be “yes” since it is a bit difficult to figure out why Amanda and Raffaele would otherwise wish Guede to join them at the cottage. I doubt that Amanda and Raffaele would have wanted Guede around if they were just going there to have an innocent cuddle and sex and to smoke cannabis, as Massei implies.

The evidence is that Raffaele hardly knew Guede and in the presence of Amanda was very possessive about her. If he had known of Guede’s interest in Amanda he would have been even less keen to have Guede around.

Also, if all was so innocent beforehand, then why would Guede have tried it on with Meredith and then pressed the situation in the face of her refusal to co-operate, knowing that there were two others there who could have come to her assistance?

The answer is of course that Guede knew full well in advance that there would be no problem with Amanda and Raffaele. He had been invited there and primed to act precisely in the way he did, at least initially. Why? Well there is plenty of evidence as to why Amanda, in her mind, may have been looking for payback time on Meredith. Come to that later.

What does not get much attention in the Massei Report, other than a terse Not Guilty at the end, is the matter of Meredith’s missing rent money and credit cards and whether Amanda and Raffaele stole them.

It is as if the Judge (well, the jury really) felt that this was a trivial issue that brought nothing much to the case and thus it was not necessary to give it much attention. And indeed there is no summation of or evaluation of that evidence.

Now that does surprise me. Of course there may have been some technical flaw with the charge and the evidence. But in the absence of any comment on this then we do not know what that may be. What I do know is that the matter, if proven, is not trivial.

A theft significantly ups the stakes for Amanda and Raffaelle just prior to the murder and produces a dynamic, which, threaded together with a sexual assault, makes for a far more compelling scenario to murder.

It also leads one to conclude that there was a greater degree of premeditation involved : not premeditation to murder but as to an assault, rather than the more spontaneous ” let’s get involved” at the time of the sex attack as postulated by Massei. An Italian lawyer could tell us whether this would have added extra time on to their sentence. It is worthy of consideration.

What is the evidence? What evidence was before the court? I do not have access to trial records, only what I have read about the case in the book “Darkness Descending” and on the True Justice for Meredith website. Therefore I stand to be corrected if I misrepresent the evidence or if my interpretation of it does not met the test of logic.

There were two lay witnesses who were compelling in the trial. The first was Filomena Romanelli, the flatmate and trainee lawyer. If there was anyone who was going to ensure that the rent was paid on time, it would have been her.

She gave evidence that the rent being due very soon she asked Meredith about her contribution of 300 euros and was told by Meredith that all was OK because she had just withdrawn 200 euros from her bank. Filomena assumed from Meredith’s reply that the balance was already to hand.

Is there a problem with this evidence? Is it hearsay and thus inadmissible under Italian law?

Perhaps it is not enough by itself because of course had Meredith not in fact withdrawn the money from her bank, or sufficient funds to cover the stated amount, then that would be a fatal blow to that part of the theft charge. Her bank manager was summoned to give evidence, essentially to corroborate or disprove Filomena’s testimony.

I do not know what exactly that evidence was. One would assume that at the very least it did not disprove her testimony. Had it done so that would, as I have said, been fatal. It is also unbelievable that Massei would have overlooked this in the Report. I am assuming that Meredith did not tell a white lie and that the bank records corroberate this.

There may of course be an issue of timing as I understand that the bank manager told the court that transactions at a cash machine are not necessarily entered on the customer account the same day . However that does not seem to me to be significant.

One must also think that the bank manager was asked what other cash withdrawals had been made if the credit cards were taken at the same time as the money. I understand that there is of course a caveat here: my assumptions in the absence of knowing exactly what the bank manager’s evidence was.

It would be useful also to know how and when the rent was normally paid. It sounds as if it was cash on the day the landlord came to collect.

We do know that the police did not find any money or Meredith”˜s credit cards. Had Meredith, a sensible girl, blown next month’s rent on a Halloween binge? Unlikely. So somebody stole it. Again, just as with the fake break in, when according to Amanda and Raffaele nothing was stolen, who and only who had access to the cottage to steal the money? Yes, you have guessed it. Amanda, of course.

Does the matter of missing rent money figure anywhere else? There is the evidence of Meredith’s phone records which show that she rang her bank late on the evening of her murder just prior to the arrival of Amanda, Raffaele and Guede.

Why did she do this? What do you think? What is the first thing you do when you discover that your credit cards are missing? Obviously have a good look round. Then you ring your bank to put a stop on them. It may have been that she was not actually able to do that at that time of night. But worthy of further investigation.

The missing money also figured in the separate trial of Guede. He made a statement which formed the whole basis of his defence. Basically this was that he had an appointment with Meredith at the cottage, had consensual foreplay with her and was on the toilet when he heard the doorbell ring etc, etc.

What he also added was that just before all this Meredith was upset because her rent money had disappeared and that they had both searched for it with particular attention to Amanda’s room. Now why does Guede mention this? Remember this is his defence. Alibi is not quite the right word. He had plenty of time to think about it or something better.

His defence was moulded around (apart from lies) (1) facts he knew the police would have ie no point denying that he was there or that he had sexual contact with Meredith : his biological traces had been left behind, and (2) facts known to him and not to the police at that stage ie the money, which he could use to make his statement as a whole more credible, whilst at the same time giving the police a lead. He is shifting the focus, if the police were to follow it up, on to the person he must have been blaming for his predicament, Amanda.

If all three, Amanda, Raffaele and Guede, went to the cottage together, as Massei has it, then Guede learns about the missing rent money not as referred to in his statement but because Meredith has already discovered the theft and worked out who has had it and challenges Amanda over it when the three arrive.

Perhaps this is when Guede goes to the toilet and listens to music on his Ipod. After all he is just there for the sex and this is all a distraction.

I expect, however, that Guede’s “evidence” was not a factor in the jury’s consideration. Neither Guede’s lawyers nor those for Amanda and Raffaele wanted Guede to testify at the trial, for obvious reasons Without Guede testifying his statement would have been objectionable if not inadmissable.

I would have thought, though, that the prosecution could have brought him in as a witness, with the agreement of the judge, to testify as to the missing rent money only. Guede and his lawyers might well have agreed to this on the basis that such limited questioning would not have incriminated him further and might well have had a beneficial effect in his appeal. Convicted criminals often give evidence in court. What weight is attached to the evidence of a convicted criminal is a matter for the jury.

As the prosecution have appealed Amanda’s and Raffaele’s sentences, asking for lengthier terms, could they produce Guede now? I don’t know.

When were the money and credit cards stolen? According to Amanda and Raffaele they spent Halloween together at Raffaele’s and the next day went to the cottage. Meredith was there. Meredith left at about 1pm to spend the evening with her friends and Amanda and Raffaele left at about 3pm.

This is according to Amanda and Raffaele of course but probably likely because if the money had already been stolen Meredith may likely have known with different consequences for everyone. So Amanda and Raffaele could have stolen the money and credit cards after she left - the day of her murder.

Incidentally Filomena testified that Meredith never locked the door to her room except on the occasions she went home to England. Meredith was a very trusting girl.

What motive had Amanda for wanting the money apart from the obvious one of profit? There are numerous plausible motives.

To fund a growing drugs habit which she shared with Raffaele? Not an inconsiderable expense for a student. Both Amanda and Raffaele explained their confusion and hesitancy as being due to the fact that they had been going rather hard on drugs.

To embarrass Meredith vis a vis her landlord and the other flatmates? Because Amanda’s own financial circumstances were deteriorating and to fund her own rent contribution? She was probably about to be sacked at Lumumba’s bar and to add insult to injury would likely be replaced by Meredith. In fact Meredith was well liked by all whereas Amanda’s star was definitely on the wane.

That must have irked Amanda. Filomena testified that Meredith and Amanda had begun to have issues with each other towards the end.

With Meredith’s money both Amanda and Raffaele could have afforded something a little stronger than the usual smoke and I speculate that they spent the late afternoon getting stoned. Did they use the credit cards? If they did then it was probably small cash withdrawals but the likelihood is that they did not as in the limited time prior to Meredith’s death they had the use of her ready cash, and after her death the safer thing was to destroy them.

Of course Amanda was still an employee of Lumumba and she would have to turn up that evening for work, but perhaps she no longer cared all that much about the consequences.

Again I speculate that she and Raffaele met Guede before she was due at work, discussed Meredith’s “availability” and Amanda, Raffaele and Guede agreed to meet up on the basketball court at Grimana Square between 11 and 11.30pm, by which time Amanda would expect to have got away from the Le Chic bar.

What else did Amanda and Raffaele have in mind when arranging the meeting or when thinking about it afterwards? Guede was of course thinking about sex and that Amanda and Raffaele were going to facilitate an encounter with Meredith later that evening.

However Amanda and Raffaele had something else on their minds. The logic of their position vis a vis Meredith cannot have escaped them. They had taken her money and credit cards whilst she was out. Had she not already discovered this fact then she would in any event be back, notice the money and credit cards were missing and would put 2 and 2 together.

Very probably Meredith had not already discovered the theft because, spending a quiet time with friends, she had no cause to use her credit cards. What would happen? Who would she tell? Would she call the police? How are they going to deal with this? Obviously deny it but logic has its way and the situation with or without the police being called in would be uncomfortable.

They decided to turn the tables and make staying in Perugia very uncomfortable for Meredith. Now the embarrassing, for Meredith, sexual advances from Guede were going to be manipulated by them in to a sexual humiliation for Meredith.

Meredith was not going to be seriously harmed but as and when they were challenged by Meredith over the missing money, as inevitably they would be, she was to be threatened with injury or worse. Knives come in useful here.

She would likely then give up her tenancy at the cottage, perhaps leave Italy. Whether that looks like the probable and likely outcome I leave you to judge, but just how much of this would be precise and careful planning given, as seems likely, that Amanda and Raffaele were going hard on the drugs?

They were not in a position to act any earlier than they did. They knew that Meredith was away with her friends and probably would not come home until much later. Amanda was expected at Lumumba’s.  Guede was not available until the pre-arranged time.

In the event Amanda did not have to go to work. She and Raffaele were at a loose end until the time of their pre-arranged meeting with Guede. They got to the basketball court early. They had to wait for him. They could not ring him as he did not have a phone.

We know Amanda and Raffaele were on the basketball court (some of the time if not all of the time) between 9.30 and sometime just before 11.30pm. This is because of the evidence of a Mr Curatolo, the second compelling lay witness. He testified to seeing Amanda and Raffaele having heated arguments, and occasionally going to the parapet at the edge of the court to peer over.

What were they looking at? Go to the photographs of Perugia on the True Justice for Meredith website and you will see. From the parapet you get a good view of the gates that are the entrance, and the only entrance as I understand it, to the cottage.

So why the behaviour observed by Mr Curatolo? They may have been impatient waiting for Guede to arrive. Were they actually to go through with this? One might speculate that Raffaele was not actually as keen on it as Amanda.

Was Meredith at home, alone, and had she found the money was missing and had she called the police or tipped off someone already? Who was hanging around outside the entrance to the cottage and why?

There was, apparently, a car parked at the entrance, a broken down car nearby with the occupants inside awaiting a rescue truck, and the rescue truck itself, all present at different times. Amanda and Raffaele did not wish to be observed going through the gates with these potential witnesses around.

We, of course, cannot know for certain what went on in the minds of Amanda and Raffaele and account for much of their movements between the time of them leaving the cottage at, they say, 3pm and their departure from the basketball court at around 11.30pm. It has to be speculation but there is a logical consistency to the above narrative if they had stolen Meredith’s money and credit cards earlier that day, and their meeting up with Guede just before 11.30pm does not look like a co-incidence.

From there on in to the inevitable clash between Amanda and Meredith over the money and credit cards, the threats and intimidation by Amanda and Raffaele to scare her, the sexual assault as part of that, and the tragic death of Meredith.

In a civil case in this country, the standard of proof is “the balance of probabilities” rather than the higher standard of (to paraphrase) “beyond reasonable doubt” in a criminal case.

If my earlier caveat about the bank manager’s evidence not disproving that Meredith had withdrawn her money is unnecessary then, at the very least, on the balance of probabilities, it is proven that Meredith had that money, and the credit cards, and that Amanda and Raffaele had stolen them from her. Some might think (I do) that it is proven on the higher standard too.

It is a shame that the Massei court did not consider and evaluate all of the evidence before it.

It did not need to fear that by doing so it may have been including something which others might consider eminently appealable,  since the evidence and reasoning on which it did convict Aamanda and Raffaele of murder was sound and impeccable.

Addendum : There have been a great many useful comments on this post. As a consequence I accept that the scenario outlined above requires at least two modifications and these are in my last comment below.

Thursday, November 18, 2010

First Appeal Hearing Next Wednesday In Suggestive Absence Of Sollecito Lead Lawyer Giulia Bongiorno

Posted by Peter Quennell

The first appeal hearing next Wednesday 24 November will be technical or procedural.

The hearing to be presided over by by Appeals Judge Claudio Pratillo Hellman will cover the lawyers’ motions on evidence and witnesses.

If at the next hearing on 11 December those requests are disallowed (all of the Guede team’s requests during Guede’s appeal last December were disallowed) this level of appeal for Knox and Sollecito might be over within two months if we assume two hearings a week. .

Appeal Prosecutor Giancarlo Costagliola will be joined by main-trial prosecutors Manuela Comodi and Giuliano Mignini. This was a judge’s decision, and not Ms Comodi’s or Mr Mignini’s, and it was to ensure that many months would not be wasted mastering the complexities of the Massei Report and the further many thousands of pages of documents that make up the case.

The defence teams will consist of Giulia Bongiorno, Luca Maori and Donatella Donati for Raffaele Sollecito, and Luciano Ghirga, Carlo Della Vedova and Maria del Grosso for Amanda Knox. Ms Bongiorno is five months pregnant, and she has said that it is for this reason that she will not appear in court next wednesday. 

Is this move a sign of something more to come?

During the trial last year, the prosecution hardly missed a beat and the pace was relentless. When it came time for the defense phase, it was slow and hesitant, some court days were canceled, and some of the defense presentation seemed decidely ad hoc.

Once last year Ms Bongiorno disappeared for weeks on end, ostensibly on parliamentary business, and later in the year she developed an attack of appendicitis at a key moment. That threw into question whether she would handle the end-of-trial defense summation - at the last moment, some part of it she did

She presumably isn’t liking this case very much. Her attempt amidst much publicity to have someone actually simulate Guede’s supposed climb through Filomena’s bedroom window was a total ignominious failure. And we have heard that the Sollecito family and defense team despise the Knox entourage and PR scheme with its incessant sliming of the Italian justice system and its main players in this case, which has done them nothing but harm.

Raffele Sollecito himself has still not provided Amanda Knox with a full alibi for the night (his last word was that she was out for four hours) and on the whole seems to show signs of pulling way from her rather than of associating himself with her any closer. They talked by phone a few days ago but the call was officially monitored and so we presume nothing significant was said.

The Knox defense might complain about no videotape or recording of Knox fingering Patrick, for which she was awarded an extra year in prison. But the unscheduled WITNESS interrogation of Knox did not require a recording - witnesses by the thousand are questioned by police daily all over the world (watch any crime show on TV) without a video recording being made.

Maybe it is just as well for Knox as she seemingly cracked because Sollecito made her crack - by calling her a liar in the next room, over their first alibi, and changing his own. Better not to have recorded that…

The mitigating factors that Judge Massei accepted that are being appealed against by the prosecution include whether Knox demonstrated some remorse by placing the duvet over Meredith after the attack - meanwhile apparently removing her cell phones and locking the door some minutes before Meredith finally succumbed.

They also include whether Knox instigated the attack on Meredith. Judge Massei concluded that Guede instigated it, but Mignini had argued that there was a payback element to the attack, which may have entered their minds the previous day (those AK messages to Meredith) or that same fateful night (Patrick’s message saying no need to come to work, one interpretation being that Amanda was on the point of being fired.) 

On the demand for some retesting of the DNA, it is worth recalling that the defense experts were expected to attend the one time only testing of the DNA on the knife - but on that day despite weeks of advance notice they found “good” reason to be elsewhere.

On the demand for retesting of Sollecito’s DNA on the bra clasp, it was pressed in hard and there is zero sign that any contamination had taken place - here again. the defense played a seeming trick. The Rome labs realised within hours of their first crime scene search that the bra clasp was still back in Meredith’s room, and weeks went by before the investigators and representatives of the defense could all be there to collect it.

The many contradictory albis, the various witnesses, the luminol evidence, the post-attack behaviors, the possibilities of both Raffaele Sollecito and Rudy Guede at his second appeal, which is in December, turning into wild cards?? Not a pretty sight for Amanda Knox’s defense.

Can they get pregnant too? No doubt they wish that they could.

Tuesday, November 16, 2010

Rocco Girlanda ♥ Rocco Girlanda And Amanda Knox ♥ Amanda Knox?!

Posted by Hopeful

A little dream and art interpretation….

Rocco’s dream of being in a taxi with Amanda driving to JFK airport symbolizes his attempt to “take off to great heights” with Amanda.

Joining her in the same destination, but fearing himself as JFK who literally lost his head due to his politics.

Amanda is like Jackie who survived and went on to marry the richest man in the world. Rocco is the one who is “sticking his neck out”. Political suicide or assassination fear.

The dream image of the pink I-pod that Amanda hands to Rocco is an emblem of how he had hoped for much information out of her but the I-pod plays only one thing: Beatles. So she is very limited.

The I-pod being pink is a feminine symbol of Amanda but the “I” could also be referring to Rocco, too. He thinks, “I hope to get a lot out of this Knox connection but maybe it is very limited”.

This “gift” is limited, deceptive, like the gift she gave to Italian police with more lies in it. Rocco may feel he himself is limited like rock “˜n roll, only one style of music. Rocco “˜n roll.

When two narcissists meet, the two “I’s” try to fly.

AK’s favorite aphorism, “I know I’m not alone even when I’m alone.”””Jovanotti. Well, there’s an “I-full”. Three “I’s” in that saying and Jovanotti’s name ends with an i.  The ayes have it. Miss I-pod. Mister and Miss I-pod, say “I do”.

Rocco’s book includes Amanda’s colored drawings of what else, of course HERSELF, not once but twice, lest we fail to see the message. Why should anyone have expected her to draw a nature scene, a bird, flowers, anything outside herself?

The major message of the art: she shows the world her backside. Ha ha! Nothing new. Didn’t she show that in court? In this art, she gives us the back and the hand which equals a backhand.

She backhands us. She hides her face as usual. So, a slap in the face, or a backhanded compliment.

The hands are cut off yet still seem to be grasping or like they’re reaching out to squeeze something. “Cops wanna squeeze my brain” AK was overheard to say in early wiretapped conversations by police.

She colors the human figure (complete with German pigtails?) in a stained glass look. Pigtails represent a very childish hairstyle. It’s possible she wishes she could return to a time when she wore her hair that way.

Half the hair is pulled one way, half the other, a symbol her head (mind) is divided. The dots going down the back center part of the hair disturb me for some reason.

The many colors might represent many different emotions. Of course the figure is naked, the exhibitionist always.

Wasn’t she sending Rocco’s Italian-American organization childlike tracings of her hands in earlier correspondence?

Friday, November 12, 2010

Report Students Studying Abroad on Average Double Or Triple Their Alcoholic Intake

Posted by Peter Quennell

American embassies and other nations’ embassies abroad get to hear of hundreds of cases a year of students who got in over their heads.

In the past couple of years, there have been TWO notorious murders by foreign students in Florence alone. Florence is about one hour’s drive north of Perugia. The embassy simply shrugged and moved on as Italian justice worked its careful process through.

Both perps happened to be American, and both were high. There were no cries in those cases of anti-Americanism. Howvever, there was some troubled talk in Italy of the excesses foreign students go to.

And a lot of tightening up by the colleges who send a lot of students abroad, including the University of Washington (Amanda Knox’s college) and Pepperdine University (Steve Moore’s former college - this helped to seal his firing.)

Amanda Knox is one of the rare ones who shrugged off all home-college supervision, presumably with the okay of her parents. Meredith was closely watched over by the Erasmus scheme, which sadly did not save her life.

Now the University of Southern California’s student newspaper carries this report on one root cause of students facing foreign judges.

Students traveling abroad can keep glass half full

By Kelsey Clark of the Daily Trojan

According to researchers at the University of Washington, American college students who study abroad are likely to increase “” even triple “” their alcohol consumption while traveling internationally.

Students over the age of 21 doubled their intake of alcohol from an average of four drinks per week on campus to eight drinks per week abroad, according to a study published in the October issue of Psychology of Addictive Behaviors. The overall increase in surveyed students’ alcohol consumption was 105 percent, while those underage students tripled their drinking with an increased consumption of 170 percent….

By consuming alcohol in excess, particularly in an unfamiliar country, the risks for students are greater than those traditionally associated with a night of drinking at USC.

Though instances of injury, crime and sexual abuse do occur as a result of binge drinking at USC, such severe ramifications are comparatively rare within the university’s party culture. Some of the more prevalent woes are students who slept through class because of a hangover or ruined a cell phone by jumping in a pool.

But students who travel abroad must take additional precautions as the heightened risks include becoming lost, getting pick-pocketed or otherwise taken advantage of.

And of course bumping some poor innocent person off.

Tuesday, November 09, 2010

A Perugian Media Report (Neutral As Usual) In Italian On Knox’s Calunnia Hearing

Posted by Peter Quennell

Shown here is the more modern of Perugia’s courts not far from the questura (central police station) and the railway station. It was here that Judge Micheli tried and sentenced Rudy Guede in October 2008 and sent Sollecito and Knox off for trial.

This court is said to be more suited to closed sessions and to sessions where there is a large press. Indictees and perps enter the court via a ramp down to the basement in vans with darkened windows.

These inside shots of the ground-floor corridor are all we have posted so far on the court’s interior. It was a surprise they allowed a photographed perp walk here, there was none at the previous hearing. Maybe to show AK is okay?

That might be Chris Mellas that she gives a faint grin to, to the left. Perhaps he made sure the camera was there.

Monday, November 08, 2010

Another In Seeming Never-Ending Disasters For Hapless Knox Campaign

Posted by Peter Quennell

Apparently xenophobia and sliming and serial misconstruing of the evidence isnt working. The Italian authorities continue to be relentless and unblinking.

In court today, Amanda Knox was indicted by the judge and she WILL stand full trial next May for calunnia.  This first report on the BBC News website as follows.

American student Amanda Knox is to face trial for slander after saying police beat her during questioning over the killing of Briton Meredith Kercher.

A judge made the decision at a closed indictment hearing in Perugia, Italy.

Knox, 23, told the judge she never intended slander and was just trying to defend herself, her lawyer said.

Ann Wise of ABC News adds this.

American student Amanda Knox was indicted for a second time by an Italian court today, this time for allegedly slandering Italian police for saying they were abusive when they interrogated her for the murder of her roommate.

Knox, who was convicted last year of murdering Meredith Kercher and sentenced to 26 years in prison, stood up in court and made what Italian legal officials call a “spontaneous statement” before the judge’s ruling.

“I have always tried to defend myself. I never wanted to offend or slander anyone,” Knox said in Italian.

Nevertheless, preliminary hearing Judge Claudia Matteini indicted Knox, 23, for slander.

The charge refers to Knox’s testimony during her murder trial that Italian police were rough with her when they interrogated her overnight just days after Kercher’s body was found in a pool of blood in the house they shared.

She claimed the officers yelled at her, discouraged her from calling a lawyer and cuffed the back of her head. The 12 officers named in the slander complaint have denied being abusive to Knox.

At the end of the long interrogation, Knox signed a statement in which she said she had a confused dream-like recollection of being in the house and hearing Kercher scream, effectively placing her on the scene of the crime.

Knox’s lawyer Carlo Dalla Vedova said Knox was “saddened” by the decision.

Another lawyer for Knox, Maria Del Grosso, told reporters that “for Amanda this (interrogation) was the genesis for her homicide accusation. She is very frustrated and obviously disappointed, but she knows that today’s was only a preliminary hearing and the truth was not ascertained today. Let’s hope it is when the case is debated because there was something that went wrong that night.”

Knox was driven into the courthouse in a police van with darkened windows. The hearing was closed to the public, but photographers were able to get a glimpse of her in the courtroom hallways. Looking thinner and drawn, Knox wore a dark green sweater and black pants, her hair is a jaw-length bob.

Before the hearing, Knox’s stepfather Chris Mellas told ABC News that “Amanda is doing better. She is rightfully angry about the slander accusations, and told me she was going to speak out in court this morning. She told me she wanted to tell them that she sees police interrogations shown on TV all the time, and would like to know why her interrogation was not recorded or videotaped.”

But according to her lawyers, she limited her statement to saying she was just defending herself and did not want to offend.

Knox will go to trial for slander on May 17, 2011 before a single judge, Cecilia Bellucci. Matteini said the case needed to go to trial to resolve some formal technical matters, and to debate the accusations, possibly with witnesses.

The lawyer for eight of the police officers, Francesco Maresca, said that the “framework of the request for an indictment was confirmed, and now we await the debate.”

Conviction of the charge could add as much as six years to Knox’s prison sentence.

Again, this is the nexus of Amanda Knox’s accusation against poor Patrick Lumumba who spent two terrifying weeks in Capanne Prison and later lost his business when the customers fled.

Whatever else she may be, Knox does seem to be a serial blamer of others. Blaming the cops for her blaming Patrick, Knox seemed to us to think, was an easy way out.

Italian reports say that she seemed to be scowling or sour or very serious or depressed (no mention of nervousness) and that she had put on a few pounds.

Friday, November 05, 2010

Rocco Girlanda’s Very Criticised Book On Knox Is Discussed By A Panel In Rome

Posted by Clander

[left to right: Mangani, Girlanda, Gramaglia, Thomas, Esposito]

On Monday 14 February Yahoo News linked to this post but we suspect Yahoo actually referred to this post which is our many many question (never responded to) to the Amanda Knox apologist Italian MP Rocco Girlanda

Our previous posts on Italian MP Rocco Girlanda’s energetic involvement with Amanda Knox can be found here and here and here.

Rocco Girlanda’s Italian-American Foundation organized a panel discussion of his book “Take me with you - Talks with Amanda Knox in prison” which took place on Tuesday of last week at the Palazzo Marini

Beforehand I had lunch in a bookstore next to Palazzo Chigi. One hour later I realized I had read half of Girlanda’s book. It’s a really easy read. Too easy.

It’s all about “me, me, me and more me.”  Sound familiar?.

Girlanda promotes himself (and his foundation) so much in the book that at a certain point I was not sure if the book was even about Amanda Knox. Girlanda and Knox are using each other.

Less than 40 people in total were present at the discussion. Sitting next to Rocco Girlanda were Giampiero Gramaglia (moderator, not involved in the case); Patricia Thomas (Associated Press), Pina Esposito (SkyTG24) and Cristiana Mangani (Il Messaggero)

Sabina Castelfranco (CBS) could not make it.

The Massei Sentencing Report was never once mentioned and rather extraordinarily it remained unclear throughout whether anyone on the panel had actually read it.

Meredith was first mentioned by name a full 35 minutes from the start of the debate.

I got the impression that Girlanda had read the negative comments about him that have appeared on the Internet - it almost seemed as if he was quoting from some of the comments I had read. His statements were watered-down compared to the stuff I’d heard from him in the last few days.

For example, when Gramaglia asked Girlanda if he thought that Knox was innocent, Girlanda said that he “does not know” and that “thankfully, it is not up to him to decide” reading this from his book.

We’ll see if that’s really his position on the case in the next few weeks.

Not once did he mention in the discussion that he wrote the book/is involved in the case because he thinks that he (or his foundation) has a role in US-Italy relations.

He said he recently purchased 4 laptops. Three were for his eldest children. The fourth one was for AK and he had it delivered to her a while back.

He had met yet again with Amanda Knox just two days before (that must be added to the number of visits) and he gave her a copy of his book.

The panel discussion had opened with a few sentences from Girlanda in which he explained that he started following the case after Senator Cantwell made her “anti-Americanism” claims.

Patricia Thomas stated that those remarks were “ridiculous” and that “anyone who has been to Italy or knows Italy knows they are not true”. In her words, “Italians simply love Americans” (vabbè, mo’ non esageriamo). Her spoken Italian is really good.

Girlanda stated that he is interested in the state of the prisons in Umbria and that is why he went to visit Knox in prison (in his words, his “first visit to AK was the first time I had ever entered a prison”) and that the book was written “by chance” after his numerous encounters with her.

He stressed numerous times that, as an MP, he has the right to visit prisoners.

We were told at the meeting that one American journalist has visited Knox in prison: Patricia Thomas. She was present during Girlanda’s very first visit to Knox.

Patricia Thomas described the prison. She said it is a lot better than many summer camps she had been to when she was younger. The food is amazing and she could not believe that they even have bidets in the cells. She said that she took a lot of flack for writing about this a few months ago.

Girlanda said in response that the men’s section of the prison is not as nice since it is overcrowded. He made no mention of whom he visited in the men’s section, if anyone.

Ms Thomas said she could not believe that Knox’s mom and sister were taking pictures of each other inside the Court (“as if they were tourists inside the Sistine Chapel”) only a few hours before the verdict.

She spoke very highly of the Kerchers. In particular, she spoke of Merdith’s siblings at the press conference after the trial. She described them as “beautiful, well educated and articulate”.

Gramaglia asked the 3 journalists sitting next to him how they would have voted had they been on the jury panel:

Patricia Thomas, who really did not want to answer this question, and showed no familiarity with the Massei report, said that she would have acquitted Knox and Sollecito.

Pina Esposito said that, based on the evidence, Knox and Sollecito are guilty. She would have voted guilty.

Cristiana Mangani, who showed no familiarity with the Massei report, said that Rudy Guede alone killed Meredith and that “Knox and Sollecito are in prison based on NOTHING” (yes, she said “nothing”, NIENTE). So, of course, she would have acquitted.

Ms Thomas said that Knox was “terribly handled by the PR firm and the lawyers”.

She said that in her opinion the lawyer Mr Della Vedova was hired for “opportunistic reasons” and that Mr Ghirga was “like a father who could not control his exuberant kid”.

She said that “AK’s PR efforts” should have focused on Italy and not on the US and she added that “it’s a good thing that this book has come out a few weeks before the start of AK’s appeal”.

At this point, the moderator Mr Gramaglia asks if anyone had any questions.

There was an ANSA journalist sitting in the first row who was really anxious to ask a question after Patricia Thomas made her remark about the book coming out “a few weeks before the start of the appeal”.

First of all he responded to Ms Thomas by saying that her statement that “it is good that this book has come out a few weeks before the appeal” is an insult to the Appellate Court. The ANSA journalist explained to Ms Thomas that the book would have no effect whatsoever on the Court.

He then asked Girlanda how he responds to those who are accusing him of exploiting the case and of being just another “puppy” in Knox’s hands (and by the tone of his voice and how he asked the question, it seemed as if he was one of those making the accusations).

Girlanda replied by saying that the proceeds of the book were going to his foundation and that he would not be involved when the board decides how that money should be spent.

Regarding the puppy comment, Girlanda replied “they can think what they want”.

Suddenly, no more questions were being taken.

[below Associated Press reporter Patricia Thomas who said she would have founnd AK and RS not guilty]

Thursday, November 04, 2010

Report #2 On Perugia: What Very Very Close Neighbors Sollecito And Guede Really Were

Posted by SomeAlibi

Sunday, October 31, 2010

Report #1 On Perugia: I Meet A Very Decent Brave Man

Posted by SomeAlibi

I walk the journey to the cottage from where Meredith and Sophie parted ways at the Via Del Lupo. Time from there to the cottage is 5 minutes at a leisurely pace. I video the journey for proof.

As I finish, I decide to walk up Via Scortici with the wall of the basketball court to my left, just to prove to myself that it isn’t what sane people would normally do (they go round the basketball court on the stairs of the Via Della Pergola which is why Amanda saw Rudy, practising on the basketball court, daily).

Managing not to get spread against the wall by a slowly passing car which honks at me for my patent stupidity, I come to the bottom corner of Piazza Grimana by the news-stand. The entrance to Corso Garibaldi, Raffaele’s road, is five metres away.

I turn round to look at the entrance to Piazza Grimana and see the figure of a man on crutches with shoulder-length white grey hair poking out from the bottom of a striped bobble hat walking away from me and towards the steps. Is it? I cross quickly and go round the top of the basketball court, along the pavement of Via Pinturicchio trying to look down to see if I can identify him. If it’s who I think it is, I haven’t been able to find him in previous days.

The man is dressed in a white and blue ski jacket and moves purposefully, even with the crutches. He goes to the steps of Via Della Pergola and heads down towards the cottage. But then he does a right and disappears into Via Melo which is half way down the steps and leads to an area of public garden. I go down after him, down the steps, and turn into Via Melo too. I try to take a picture but inadvertently engage video mode. That has to go quickly ““ I need to catch him.

I walk past a woman and then overtake him. As I do, I look back at him naturally as if just with a friendly passing nod. I allow my “˜spontaneous’ surprise to stop me.

“Mr Curatolo?” I say, in my best very English sounding Italian. He looks at me in a friendly way. His eyes are bright, unbothered, looking straight at me. He furrows his eyebrows minutely at me.

“Curatolo” he says with a pronunciation which is different from mine but in ways in which I’d never be able to explain. “Yes, I’m Curatolo” he says in Italian.

His voice is soft, clear, his diction precise, also unbothered, and he looks at me calmly.

I smile at him and nod, mostly to myself. I size him up for a couple of seconds. I reach out to shake his hand which he does so unhesitatingly, taking if from the crutch at his side. As I draw close to him, I hate myself for doing it, but I use an old trick a policeman taught me and breath in deeply through mouth and nose. It looks like a normal inhalation, which of course it is, but I’m smelling him. There isn’t the slightest wiff of alcohol or smoke about him, not from today or last night, completely corroborating the precision of his speech.

My spoken Italian, worse than my understood, will now let me down but I will try in Italian and English combined. He replies only in Italian.

“Thank you,” I say, shaking his hand, “Meredith Kercher; what you saw ““ so important.” I point to my eyes as I do so.

“Ah, Meredith Kercher,” he replies, understanding my action and nods. “Are you a friend?” he asks.

Well that’s a complex one. “Yes, in a way”, I reply, waggling my hand from side to side in the universal language of “˜kind of’.

“Ah, I see. That is a good thing,” he replies.

“Thank you,” I say again, patting my chest with the flat of my hand. “Many people say thank you. Many people.”

He nods.

“It is my pleasure,” he says in that calm voice again. Then he shrugs with those crutches of his but in a very measured way. “I saw what I saw” he says simply.

I look him straight in the eyes throughout the whole conversation. He doesn’t once break eye contact back ““ never - and I particularly note it when he says those final words. I look at him some more and I nod again.

“I know you did,” I say.

But this time I really do know it, with certainty. And since Raffaele and Amanda never said they went to the basketball court on the previous night and did what Curatolo saw them doing, I know when he saw them too.

“For you, sir,” I say and give him a twenty euro note to help him through today.

I ask if I might possibly take a quick picture, just to prove it happened, and he graciously says yes. I take a single one and then I shake his hand once more. I pat him on the back and smile a last time.

And then I say a final thank you and goodbye. I haven’t got the Italian to talk to him further but more than that, I want him to know that sometimes people say thank you and mean it without wanting anything else.

I walk off back towards Piazza Grimana and out into a little sunshine on an otherwise grey day as the bells start to chime out one o’clock.

Seeing the three disco buses last night after 11pm helped, about what happened that night in the square. But this meeting helped me more. I’ve dealt with more liars than most people have had hot breakfasts: I know the deeply credible ones, the squirming ones, I know the lies of drug addicts and thieves and other types more innumerable than I care to mention. He’s none of these things whatsoever. He is calm, measured, collected and together, softly spoken; a man with dignity even if he is down on his luck.

Curatolo saw what he saw, and now, as I start walking with a smile on my face, I know he did too.

Corruption Of Appeal: Angry Top Criminal Judge Chiari Is Blatantly Forced Aside

Posted by Peter Quennell

Umbria’s top criminal judge Sergio Matteini Chiari

Very Dirty Business

Only one month ago Umbria’s top criminal judge Sergio Matteini Chiari was to preside.

Now a very angry Judge Chiari has been forced aside with no public explanation from Chief Judge De Nunzio [image below] as to why.

A wildly wrongly qualified judge, Hellmann, a business judge with just two criminal trials in his past, both fiascos, mysteriously takes his place.

Rumors of foul play are appearing in the Italian media. Has Chief Judge De Nunzio been leaned upon politically? Do big bucks or rogue masons have any role in this?

Please click here for more

Friday, October 29, 2010

Kercher Family Lawyer Francesco Maresca Confident Appeals Will Fail And Justice Will Prevail

Posted by Peter Quennell

This excellent interview of Mr Maresca by Leonardo Molinelli just appeared in Canada Corriere.

The interview is similar to several others Mr Maresca has just given in Italy. Mr Maresca shows in all of them that he is very confident about the defense appeals not succeeding in any dramatic way.

Justice will be served in Kercher case

“The investigation was carried out very well”: lawyer

By Leonardo N. Molinelli

There’s less than a month to go to the start of the appeal process for the murder of 20-year-old American student Meredith Kercher. The next phase will begin on Nov. 24, which should establish the guilty parties in the death of Kercher, who was killed in Perugia, Italy between Nov. 1 and 2 of 2007.

Charged with first-degree murder, sexual assault, and theft is 26-year-old Amanda Knox and 23-year-old Raffaele Sollecito with whom Knox was having a relationship.

The other person facing charges ““ Rudy Guede from the Ivory Coast ““ will not be part of the process since he has already been condemned to 30 years [reduced to 16 at first appeal] at a summary procedure. He will face the Court of Cassation (appeals) for final sentencing [in December].

All three of the accused have always declared their innocence and the upcoming process promises to be controversial and sensational. The defence for Sollecito and Knox, in fact, has requested access to all forensic investigation from the Court of Cassation.

They’re requesting the analyses of all the principal exhibits, maintaining that the two were not present at the murder scene and thereby placing the blame squarely on Guede.

“The Kercher family has taught the world the dignity of silence.” 

With these words, the family’s lawyer Francesco Paolo Maresca outlines the trial that went beyond the usual standards in legal battles in Italy, moving from the courtrooms to TV and newspapers.

Corriere Canadese/Tandem recently spoke to Francesco Paolo Maresca about the trial.

Has there been any new developments since the preliminary sentencing and the appeal?

“No, let’s say that the defence requested the appeals court for a review of all forensic findings, following the defence line in the preliminary trial, in which they contested all the assessments.”

Accusations that were discredited with the preliminary sentencing.

“Yes, so much so that the preliminary sentence is based on all these laboratory results accepted as fully reliable in the presence of the parties, and no one ever contested anything on that basis.”

So what is the defence’s objective in this case?

“They’re requesting, in substance, the detailed analyses of all the main exhibits, therefore the bra hook containing Sollecito’s DNA and the bathroom rug with Sollecito’s footprint.”

Do they intend to demonstrate the non-involvement of the two youths in the murder?

“They’re aiming to demonstrate the total non-involvement, unloading everything onto Rudy Guede.”

So Guede would have killed Meredith by himself while Amanda and Raffaele were in the wrong place at the wrong time?

“Actually, they say they were at Sollecito’s house after having smoked hash, made love, and woken up early the next morning.”

So they would have been connected to the crime scene as part of a conspiracy?

“They got there by coincidence based on test results. They say that the DNA on the bra isn’t Sollecito’s and if it were, it would have been found in other parts of the house, that the footprint on the rug isn’t Sollecito’s), that the DNA on the knife isn’t Knox’s, and so on.”

Instead, what are the facts as pieced together by the preliminary sentence?

“The facts pieced together would be a sexual attempt gone wrong, with a series of progressive and worsening knife wounds, with intimidation and threats and with three very serious wounds to the neck, of which one was fatal. We ““ and the sentencing acknowledges this ““ maintain that the facts cannot be viewed as a premeditated theft but as a crime of violence.

They probably attempted some sort of sexual game, Kercher refused, they threatened her, wounded her, blood spilled, and they panicked. Knox knew everyone so if they had called an ambulance or the police, they would have had to justify their presence, which is why they finished her off.”

So it wasn’t premeditated?

“There’s no premeditation. There is no premeditation. The event needs to be examined using the approach of a contingent situation, of the fear of being discovered, of the fear of making noise. Kercher screamed horribly from the pain, the simulation of a theft was to throw the research on the wrong track.”

America insists there were leaks in the Italian justice system, a conspiracy against Amanda, and so on. What impression did you get during this trial? Are there any deficiencies in this trial?

“The investigation was carried out very well, and forensic science and the police did a good job. There was just the one deficiency ““ and un-influential ““ of this blessed (bra) hook that was left behind and discovered 40 days later, but it was proven that it could not have been contaminated, using a series of technical valuations.

One must consider that 368 exhibits were gathered if I’m not mistaken, and above all we made an enormous commitment of deliberating for about a year (Editor’s note: January to December, 2009), which was very quick for Italian trials. Rudy Guede was examined with a summary procedure within a year of the act, and the other two to three years from the act, but with a deliberation that involved 170 witnesses and technical consultants.”

An exemplary trial considering that Italian justice system is often blamed for being slow.

“It gets blamed because they have completely different parameters and have juries and courts that dedicate themselves to a single trial ““ they begin and end that trial over three-to-four consecutive months, doing nothing else. In our system, the criminal court does this while the judges concurrently do another 20, 30 or 40.”

A difference in systems that could be the reason for these accusations.

“They were astounded because we didn’t have daily hearings. We pointed out that having weekly hearings on Friday, Saturday, and Monday ““ that is three days out of six ““ is a very unheard of commitment. We all risked our families because we couldn’t see them anymore”¦”

The defence for this case is reminiscent of the one used for the Cogne case, with the victim who disappears from the media, and the likely murderer who becomes a celebrity of sorts.

“From a theoretic interpretation, I’d say that’s justice, and I must say that Meredith Kercher’s family taught the elegance of silence to the entire world. Because as the families of Knox and Sollecito organized foundations, associations, sought funds, gave interviews, requested political help, Meredith Kercher’s family remained under the radar screen notwithstanding the offers, including financial (ones).”

Thursday, October 28, 2010

Lifetime’s Knox TV Movie: Is A Shallow Callous Narcissistic Girl Being Played By…

Posted by Peter Quennell

Is a shallow, callous, narcissistic girl being played in the movie by another shallow, callous, narcissistic girl?

It is certainly looking like that right now.

Hayden Panettiere, now involved in the filming of the Lifetime TV movie in Milan and Rome (they are avoiding Perugia - it seems too many people there take strong exception to this film) has STILL not reached out to Meredith’s family or her friends.

Or showed the slightest concern for the real hurt that this misleading glamorizing of Amanda Knox, the convicted killer of the REAL victim, Meredith, is causing here.

This is Andrea Magrath in the Daily Mail.

In an interview with BBC Newsbeat, Panettiere said she had not met Knox, who is appealing her conviction.

‘I wish. I know the Italian government is being pretty protective of her, her lawyers are being protective of her, which is pretty understandable. ‘It’s something I would like to do (meet her) but I’d be more surprised if it happened than if it didn’t.’

Panettiere said she was ‘floored’ and ‘flattered’ when she was asked by director Robert Dornhelm to play Knox in the film. She added: ‘They called me up and asked me to do it.

I’m so privileged to play the role. It’s a really great story and a very controversial one. ‘The way the script is written is very well done, in a way that I don’t think anyone is going to have a problem with.

‘I’m looking forward to it. I’m really excited about it. It’s going to be a really tough project to do but it will be good.’  Panettiere revealed the film will only show events up until Knox’s conviction.

It is NOT just “a really great story”. It is actually for-real, and a highly talented woman-on-the-go, Meredith Kercher, who was outstripping Amanda Knox in all possible dimensions, died very horribly here.

And what exactly is so controversial? Apart from the thousands of mistruths about the hard evidence spread around by a million-dollar campaign? Hayden should try reading the Massei Report.

Also it was Amanda Knox’s own lawyers who banned Hayden from Capanne. Sollecito’s lawyers continue to threaten to sue to stop the movie dead until after the second appeal - which might drag on for years.

Alistair Foster in the London Evening Standard also has a brief report. The post is notable for the sharpness of the comments of Kermit who is a frequent poster here. Most of the comments under both these reports are very critical of the film.

Will the Lifetime TV movie try to reflect the actual cold hard facts, as detailed at great length in the Massei report? A good question for some journalists to be asking of the actors, writer and director. 

Along with why, precisely, doesn’t Hayden Panettiere reach out to the Kercher family? And to Meredith’s friends? 

Thursday, October 21, 2010

Rocco Girlanda’s Strutting Manic Grinning Intrusion Seems A Major Danger To Sollecito/Knox Harmony

Posted by Peter Quennell

We will be having several posts on this whole new development.

They will go further than what is published into the politics (as Girlanda is a politician), and the law.(as Girlanda may be subject to reprimand, and legally liable if his intrusion weakens Knox in any way).

We have been observing during the legal process of the past two years a series of what our psychologists believe are minor sexual deviancies or perversions all masquerading as the Amanda Knox White Knights. None of them ever really help Amanda Knox, and all of them heap hurt on Meredith’s friends and her for-ever-suffering family.

The professional psychological take across the board seems to be that if Curt Knox and Edda Mellas take the notion of kind parenting seriously, they would certainly allow no more of these damaging posturing phonies - each with an agenda they cannot possibly fulfill - within 100 miles of their daughter at this time.

Amanda Knox is clearly somewhat emotionally fragile, and she will have a very tough time getting through her trial for slander and then her appeal. There is in fact very little wiggle room for the defenses within the very tough constraints set by Judge Massei.

The defenses have a tough enough time of it already. They don’t need these deviant White Knights repeatedly trying to leap to the front of the parade. We now have the ugly smirking intrusion of Rocco Girlanda, yet another one intent on buoying Knox up to think she is some sort of goddess on the point of stepping out into an adoring world. And he, Mighty Rocco Girlanda, is her savior.

And for what? For Amanda to then come crashing back down at her next hearing, or back in the grim environment of her cell. Lift her up, crash her down. Lift her up, crash her down. Lift her up, crash her down.

Way to make Amanda Knox a basket case for life. She could even become completely catatonic.

And then what, Mr Girlanda? Would THAT be good for your career?

For the sake of Knox’s threatened remaining sanity, her parents should put in place some serious expectations management. Dont believe us? Ask ANY good psychologist and they will tell Knox’s parents the same thing. She does NOT need all these phony promises - where everybody else gets rich and famous. And she lingers on in her cell.

And after the damage he has already done, Rocco Girlanda should make a point of going far away. And if he doesnt, his wife and five children should make him.

Tuesday, October 19, 2010

Today In Perugia: Another Sign of Extreme Nervousness In The Knox-Mellas Camp?

Posted by True North

[above: successful former prosecutor and respected judge Claudia Matteini]

Edda Mellas and Curt Knox were expected to show up for their day in court today. But they didn’t.

Presumably their lawyers warned them in advance that Judge Matteini’s ruling on whether there is to be a libel trial would be going against them. Perhaps not one of the most perfect press-conference moments when loose tongues already seem to have got them in hot water. 

Their defamation trial hearing was postponed by Judge Carla Giangamboni to 15 February. This is today’s court report from the Italian news service AGI.

Five police officers from the Perugia Flying Squad have launched a civil party libel action suit against the parents of Amanda Knox.

Curt Knox and Edda Mellas were not in attendance for this morning’s hearing which has been postponed to February 15.  Curt Knox and Edda Mellas, who are divorced and remarried, have always stood together in defense of their daughter.

They are accused of defaming the officers of the Perugia Flying Squad in an interview made to the Sunday Times in June 2008, in which among other things, they claimed that Amanda had been interrogated for 9 hours without the aid of an interpreter, was kept without food and drink,  and that she was threatened and hit on the back of her head.

Meanwhile on November 24 the appeal hearing will commence in the Court of Appeal in Assize for the two former lovers, Amanda Knox and Raffaele Sollecito who were sentenced to 26 and 25 years respectively for the murder of British student Meredith Kercher.

Friday, October 15, 2010

Is The PR Campaign Finally Now Pushing Amanda Knox Very, Very Close To The Edge?

Posted by Peter Quennell

Things seem to be getting increasingly tough for Amanda Knox.

We have already posted that she seems increasingly adrift. Now consider all that is about to hit her.

1) Next week a book of interviews with Knox will be release by an Italian politician, Rocco Girlanda (image below), who we hear comes across as more than a little obsessive toward her. 

We are told that an active Italian MP is in fact legally forbidden from meddling in an ongoing case, and it seems he started the interviews with Amanda in Capanne without her even realising she was being recorded. Who knows how this book will come across in Italy, and how she will then be regarded?

2) Next week also the slander trial of Knox’s parents, Curt Knox and Edda Mellas, may get under way in Perugia. We have posted repeatedly lately on what seems the real reason why Amanda Knox accused Patrick Lumumba: Sollecito had just destroyed her alibi.

Only very much later did Knox start to claim that she was driven to make her demonstrably false accusation because she was being harrassed by an interrogator. This is supported by no witnesses at all. The tough confident insouciant Amanda Knox who took the witness stand last June did not manage to make this claim sound remotely credible.

In the echo-chamber occupied by such shallow grandstanding self-servers as Steve Moore (Machine’s post below) this belated accusation somehow morphed into Prosecutor Mignini himself leading the harrassment, which was said to go on for hours and hours, with no food, no water, no lawyer, and no interpreter present in the room.

So Amanda Knox herself and her two parents are now facing their separate slander trials - Knox’s own trial will recommence in November. All three seem to be between a rock and a hard place. Either they must look all of the cops right in the eyes and say “Yes you did this” or visibly freeze or melt down emotionally on the witness stand, and end up facing possible legal punishment.

3) The Sollecitos increasingly seem to be going their own separate way. The Sollecito family trial for illegally releasing an evidence video to Telenorba showing Meredith naked at the crime scene (which stirred considerable dislike for them all across Italy) will recommence on 24 February in Perugia. Raffaele’s sister Vanessa, who was fired from her job in the Carabinieri (federal police) for trying to get politicians to use their influence for Sollecito, will also be facing her own hearing.

As we have explained so many times before, Raffaele Sollecito has NEVER endorsed Amanda Knox’s final alibi - that she was with him at his place all night. The Sollecitos do NOT like Amanda Knox or her family, and they have no time at all for the strident anti-Italianism of the PR campaign, which has done them nothing but harm.

4) Amanda Knox is now said to be pretty desperate to talk in person or on the phone with Raffaele Sollecito. This has just been approved. For each, it will be their one approved phone-call a week, and it will be monitored.

Although some of the Italian media have made light of this - that this may be a sign of love’s hot embers - the far more likely explanation is that Amanda herself and the inner Knox team are desperately worried that Sollecito could cut them adrift, and come out at appeal with a show of penitence and even a sort of explanation.

So Knox reaches out to Sollecito now in what seems to be growing desperation.

5) Hayden Panettiere is hanging around in Rome waiting for the shooting of the Lifetime movie to begin, grinning vacuously for the cameras as she thoughtlessly heaps still more pain on Meredith’s family and her friends and shows zero concern for the real victim.

To their considerable credit, Amanda Knox’s own lawyers in Perugia seem to have taken a strong dislike to Hayden Panettiere, and to the timing of the Lifetime movie. We have just now heard that they have said no to a request from Hayden Panettiere to meet with Amanda Knox in Capanne Prison. This film is likely to stir enormous controversy unless it sticks to the facts, and the facts hardly seem to favor Amanda Knox.

6) There is less sign now than there ever was that the US Rome Embassy or the State Department are inclining to intervene, even if there was an obvious way open. They know the case from end to end and they believe last year’s trial was a perfectly fair proceeding.  Just a couple of weeks ago the State Department did move actively to help some other Americans in foreign trouble, but in light of the strident anti-Italianism and the Massei Report, it just isn’t going to happen here.

7) The depth and detail and precision of the Massei Report is a nightmare for the Amanda Knox defence team. Even if all the DNA and other forensic tests are repeated, the result are very unlikely to be fully in their favor, and there’s a real chance new tests will work against them.

And now we are hearing that the opportunistic prisoners Mario Alessi and Luciano Aviello, one of who claims he was a cellmate of Rudy Guede who heard him confess, and the other who claims he is the brother of the “real” murderer, may STILL be the defense’s star witnesses at the appeal starting late in November. Both are very much reviled in Italy for their crimes, and each has a known history of lying.

So good luck to the Knox defense team with this one. Their appeal statement seems weak and disjointed. Amanda surely picks up on their despondent vibes, which hardly helps in her own struggle for emotional stability. 

***

So what do we ourselves hope for here? We hope that Amanda Knox finally breaks. Not calamitously, of course, but in a totally new direction. Maybe a shorter sentence for her. And certainly relief to the thousands this cruel senseless act toward Meredith has so very much damaged.

Friday, October 08, 2010

The Firth-Winterbottom Movie Now Seems Headed For A Bizarre And Irrelevant Focus

Posted by Peter Quennell

[Above: British actor Colin Firth]

Perhaps Italy and the UK and the US could use a documentary-type movie sooner or later that tells all of the facts dispassionately. Especially one that gives Meredith a real presence. 

That looks to us like a compelling focus.

The obvious main source would of course be the Massei Report which was issued last March. The 10,000 or so people who have downloaded and read the English version of the 400-plus-page report (which links to another 10,000 other pages) almost invariably find it a really compelling and very impressive read.

The best two books on Meredith’s case - by Barbie Nadeau and Russell & Johnson - are certainly very good, given their publishing deadlines. But even those authors would probably concede that the Massei Report is far more detailed than their books, and as a source ii is simply unsurpassable.

Now if you have read the Micheli Report for Rudy Guede and the Massei Report for Knox and Sollecito, you will know that the Italian press does not feature. Not at all. The Massei report in particular focuses almost laser-like on the actual evidence presented over six months in court. It shows zero sign of any outside influences.

And in both the Massei Report and the Micheli Report, even some of the arguments of the PROSECUTORS are discounted and brushed aside, in favor of what the judges themselves concluded.

Even if the judges had paid obvious attention to the media, it is hard to see how the Italian media could have resulted in any real bias. Over two-plus year we have quoted translations of literally hundreds of reports from Italian media websites. Readers may wish to check through those to see if they can find EVEN ONE that matches for example the DAILY hyperbole of American crime TV.

There was some rather sensational reporting in the early days of the case (late 2007 and early 2008) but even that eventually turned out to contain truths. Reporting by the entire group of Rome-based foreign reporters with one singe exception (Peter Popham in the early days) was neutral, fact-based, and very rounded. Their lack of bias was little short of amazing. As an entire group, they deserve a Pulitzer.

So a report out today by Katey Rich quoting Michael Winterbottom on what he thinks should be his focus is a real surprise. Here is what Michael Winterbottom had to say. .

[Interested UK actor Colin Firth] won’t be playing anyone involved with the murder, but a journalist covering the case, which was the subject of extraordinary media focus in Italy…

Winterbottom doesn’t seem all that interested in the specifics of the trial itself - “I have no view on whether they did it, the film will not be about that. There is unlikely to be a character playing Knox” - but rather the journalists who may or may not have influenced the trial’s outcome with their constant speculation about the facts.

“The taking sides over the case was extreme here,” he said. “There was no explanation that covered everything and the journalists were drawn in in a way you would not expect.”

It’s unclear if Firth’s journalist character would be Italian or English, and given his promotional duties for The King’s Speech—which many think will be earning him an Oscar come February—he definitely wouldn’t be able to start filming until sometime next year.

OKay. Let us see here.

1) On the one side, there was a massive and very well-funded public relations campaign, with a number of gullible sock puppets, and a generally lazy and compliant American media which often reflected a strident anti-Italianism, and an almost complete disregard for either the real victim or the true facts.

2) On the other side, there was not much more than a few good, honest, objective reporters, all of them based in Italy, who were reporting the truth as they saw it. And a couple of non-commercial websites. Namely Perugia Murder File, and TJMK.

It is hard to see how a movie depicting an “extreme taking of sides” could be anything other than dishonest. It would certainly irritate any informed audience. Unless of course Mr Winterbottom rejects the PR which seems to have taken hold of him, and accurately reflects what really ARE the two sides.

Could he do that? Really? .

[Below: British director Michael Winterbottom]