Giordano Supreme Court Report On Final Appeal By Rudy Guede

Comments

“A blood-stained book” the report mentions after describing blood stains on the door handle to Meredith’s room. The idea of a blood-stained book is a sad symbol of the horrid contradictions in this case, where scholars who should be surrounded by mild and harmless settings end up in a murder scene.

Thank you Peter and every one else involved for the hard work! I am sitting down to read the report.

I hope it helps spread the truth, so that the stigma attached to a murder conviction can be attached to Knox’s jail sentence - as opposed to her ‘victim/hero’ status that she holds amongst some withering groups.

Re:keys, and dodgy doors

The front door to the flat where I live (a 1920’s cottage, subdivided into two rental units, one upstairs and one down) can only be held closed by turning the deadbolt key to the locked position. If the key is not turned, the door will blow open in the slightest breeze. (sound familiar?) The key has been in the lock for so long that it has fused and is no longer even removable, but, even if it were, i would never dream of heading out into the world without locking the door, with my own key, from the outside.

This is why I was, like others, so confused as to the notion of Knox’s inability to gain access without ringing a doorbell. Were there no fixed or spare key left in the door at all times, there would need to be either one resident at home to ‘house-sit’ ( a ridiculous idea) or a door left unsecured when the last of the women went out for the day (equally ridiculous).

Only Amanda knox herself, traipsing about the nightime Perugia streets on her tod, with only her brazenness (or a borrowed kitchen knife) for protection would seem to me cavalier enough to leave her home thus unguarded.

I have been fascinated by this case from the very beginning. Just one small point however. If you scroll down to where Edda is looking at Knox. What do you see? I see no love that’s for sure. No compassion. In fact all i see is an avid dislike on a mothers face. I believe that she knows full well the person who her daughter really is. that would be a murderer of course

Just curious as far as the educated consensus from contributors to this site as far as who the person they feel is the one who played the biggest role in the physical attack of Meredith; or more specifically, who was responsible for the majority of her injuries? Rudy, Raffaele or Amanda?

Hi Kazwell,

Mignini, Judge Massei and Judge Cristiani, Judge Borsini and Judge Belardi, who presided over Rudy Guede’s first appeal and the judges at the Italian Supreme Court who presided over Guede’s final appeal all believe that Knox and Sollecito stabbed Meredith. I agree with them.

What makes you think so? That’s interesting. i think so too, but I’m just conjecturing.  I feel that Guede was probably in it for what he thought was a sex game and the other two got off on the violence.  I base this on Knox’s published fantasies of rape online and Sollecito’s violent porn reading habits, not to mention their exhilarated behavior after the murder.

Oops. I forgot to mention the double DNA knife.

Excellent post as usual. Guede is pure evil and extremely guilty - it’s difficult to understand why Cassation has reduced his sentence to 16 years? If meredith were my daughter, he would be a dead man walking. What possible “mitigating circumstances” could this evil murderer have used to get a lighter sentence? I don’t understand that. Guede should be hanged or die in prison. It’s a shame Italy doesn’t have the electric chair.

3/25/11

Thanks are due again to PMF super translators for their hard work. Thanks to all of you for this Supreme Court report on Rudy.

In this report, Rudy claims that at the murder he saw an Italian fellow with brown hair wearing a Napapijri jacket.
(the “j” is silent). It is a Finnish word which means Arctic Circle. The Norwegian flag is sewn onto these jackets in honor of their expeditions to the pole. It is a very expensive jacket. Think ski “bums” with Land Rovers and Lamborghinis.

Was it ascertained if Raffaele owned a Napapijri jacket? It would seem important if Rudy described the killer as wearing one. We know Rudy was there.

Napapijri would suit Raf’s expensive fashion taste, the ski resort look, but of course this detail could be the kind of spurious extra detail liars use to convince, just more of Rudy’s fertile imagination. Rudy seems to be attentive to clothes and appearances, fashion conscious. Brand recognition, often the price tag of clothes is a self-esteem boost and status symbol.

If Raffaele was known to own a Napapijri jacket at the time of the murder, that could be further proof of his presence at the crime scene. Surely this was checked out by the investigators, or did Raffaele not have enough friends in Perugia who knew his wardrobe? I doubt his father would tell police anything, even if he knew.

Even though at first glance Guede’s quashed final appeal (and this translated report) could be damning for Amanda Knox, especially as so much of her and sollecito’s forensic evidence has been used to convict Guede, I’m still worried that Knox is going to wriggle out of this and before 2011 is out, she’ll be booking a one way ticket back home to Seattle.

She’ll probably fly Virgin for added irony. I wonder if Italy is having any diplomatic pressure applied by the US government to let her off the hook. Even Donald Trump is supporting Knox. I have visions of seeing her on the sofa with Ellen later this year, dressed in white, telling us all how awful it was in “third-world” Italy. That PR firm sure is doing a fine job white-washing her guilt in the international media.

Hi proud-american,

There is no way Amanda Knox will be able to wriggle out of this. Two panels of judges at the Italian Supreme Court have made it crystal clear that the evidence against her is overwhelming.

The appeal isn’t like an episode of Big Brother with the public getting to vote on whether Amanda Knox stays in the big house or not.

Italian lawyer Commissario Montablano explained why outside pressure will have absolutely no bearing on the legal proceedings in Perugia in this excellent piece:

http://truejustice.org/ee/index.php?/tjmk/comments/why_the_italian_judiciarys_probably_less_prone_to_pressure_than_any_other/

I have been trying to post here for a very long time because to me it is obvious that Amanda Knox and Raphael Sollicito are guilty of the vile murder of Meredith Kercher. Over time I have become appalled and exceedingly angry at the outright lies coming out of Seattle.

Some of the arguments for the acquittal of these two convicted murderers are beyone belief. The mountain of evidence against them is overwhelming and the sooner the appeals fail the better. Having said that I wish to commend in the strongest terms this site for keeping the memory of Meredith alive when others would wish the murder itself to simply fade away.

My view of Knox though is as follows. The level of denial here is such that I believe Knox really thinks that she is innocent. I came to this hypothesis because Knox is and always has been living in a dream world of her own making. The clues here are also her slutty and unclean behavior plus her lack of applying herself to study such as the other girls did. Knox’s ‘modus operandi’ was treating her entire Italian trip as some kind of huge adventure where she could do whatever she wished and get away with it since she was not under the eye of her mother.

It is indicative also that hooking up with Sollicito is a very strong statement as her psychological makeup. Sollicito is a drug addict, of that there can be little doubt, Knox as well has said she believes that she is Joan of Ark. Also there is the level of their collective facination with violence This level of denial though is evident not only in both guilty parties but more important in the level of denial in Seattle.

Knox has always displayed this seemingly innocent childlike face to the world and many of her supporters (mostly middle aged men) have wanted to come to her rescue. Her supporters thankfully, will have to get used to disappointment. You may notice that over the last several weeks most blogs coming from the USA have been dropped or edited with any negative comments taken out. Sadly for the US bunch it will do them no good at all since the guilty verdict is 99.9% guaranteed.

Thank you for your patience. With love and effection we will always remember Meredith for her spirit will not die and her example of the desire to succeed will always be a beacon for others to follow. Sincerely Grahame Rhodes

Hi!  I am a new member just this week although I have been reading all the posts on this site regularly for several years.  I too wish to express my appreciation of all the caring, detailed and accurate posting here in support of an innocent victim of a most incomprehensible and reprehensibe crime. 

I have just one question: do the USA and Italy have an agreement whereby AK would be transferred to a prison in the US and would that mean that she would eventually be able to secure an earlier release through the US legal system?  Many thanks!

As The Machine points out, there’s no wiggle room for Knox and Sollecito.  The SC confirms the results of the earliest pre-trial judgements and that was of multiple attackers and reasons to keep AK and RS in custody pending trial.

This final account essentially snuffs out any hopes that either of them had for an acquittal.

The judge does the calculation for aggravation and mitigation, too, and that might serve as a very unpleasant surprise for AK and RS.

As Stilicho aptly reiterates above, Amanda Knox and Raffaele Sollecito were denied house arrest while awaiting their first trial because it was believed both could kill again.

As a second reminder, it should be noted that the Italian prosecutors are seeking a longer life sentence for Knox and Sollecito due to the aggravating circumstances.

Details pertaining to the aggravating circumstances and the horrendous manner in which poor Meredith Kercher had been tortured and killed have been consistently documented in the Micheli Report,  Massei Report and Rudy Guede’s Supreme Court Report.

Nothing else has brought home to me the senseless savagery of Meredith’s murder like this. The report speaks of ‘orgiastic’ doings but that doesn’t quite convey the bestial & sustained violence poor Meredith suffered, as her many wounds reveal.

Also, it describes 43 wounds & bruises—not simply ‘42 cuts.’

Trifling typos (Knok for Knox) & question over ‘missing page’ which doesn’t appear to be missing.
But worth reading through.

And read Peter’s valuable reference (underlined) in his own report above.

“The level of denial here is such that I believe Knox really thinks that she is innocent. I came to this hypothesis because Knox is and always has been living in a dream world of her own making. The clues here are also her slutty and unclean behavior plus her lack of applying herself to study such as the other girls did. Knox’s ‘modus operandi’ was treating her entire Italian trip as some kind of huge adventure where she could do whatever she wished and get away with it since she was not under the eye of her mother.”

Hi Grahame,

Thank you for articulating so thoughtfully and passionately what so many of us have observed and felt about Amanda Knox from the beginning.

I would like to add that I think her narcissistic denial and belief that she was playing the star role in a grand European adventure continued through the first trial. Given her behavior and the behavior of her family, I have little doubt that they assured her there was no evidence against her and that she was sure to be acquitted. Hence the prancing and basking-in-public-attention smiling, not to mention the calculatedly casual, thrown-together outfits and hairdos. 

It took three years in prison to bring a little reality into her consciousness and to subdue the flights into fantasy that is ‘Amanda just being Amanda.’ So now, as you point out, we have Amanda Knox playing the starring role in her version of the Joan of Arc legend, where she is the hounded, aggrieved victim.

We all do need to keep a loving light shining on the memory of the woman who was actually victimized by Amanda Knox, Meredith Kercher, whose life continues to inspire and remind us of the possibilities for joy and love in the world.

Reply to Kazwell’s question, above.  He asks, Who is the one person…

“who played the biggest role in the physical attack of Meredith; or more specifically, who was responsible for the majority of her injuries? Rudy, Raffaele or Amanda?”

Already a few perspectives in reply, each differing individually. My own perspective would revise the very question (respectfully.)

Not: “Who played the biggest role in the physical attack?”  We posit an unprovoked attack on Meredith by three people, two of them armed with knives.

Since we can’t even imagine quite how it went, given cuts & bruises all over the body—even bruises at the mouth & nose, cuts on the right hand implying self-defense, injuries showing how she fell, livid bruises on her thighs—the second question answers itself on another plane:
Who is specifically responsible for the majority of her injuries?  Beyond all question, it is Amanda Knox, quite irrespective of who struck when or cut here or there.

It is Amanda Knox who conceived the rape of her roommate at knifepoint (“Meredith was my friend!”) It is she, not the weakling Sollecito or the foolish & unfeeling Guede, who drew the others along & let them into the apartment.

With Sollecito she shared a pathology & knew how to draw him in with her fantasy of rape.  Guede, said in the Supreme Court’s judgment to have been attracted to Amanda herself (not primarily to Meredith) was the tool of his own lusts & crassness.

To describe in full, or even to hint in passing of Amanda’s manifest pathology would require space. A deep pathology is manifest in her deed but by no means in the public persona—she is very skillful in projecting an appearance of ‘niceness’ or in adopting, as necessary, a mask of a face in which no deep expression is registered.

My initial response after reading this latest report: Give Amanda life in prison, without parole. Sollecito the weakling—give him half time, like Guede.  He did not initiate.  Amanda did.

I do ask myself if my first response was too harsh. The single most ghastly detail in the whole evil deed & which moved me most deeply was the disclosure that the fatal thrust of the knife, severing an artery, broke through the U-shaped hyoid bone at the base of Meredith’s tongue.

Ernest.
Absolutely agree with this. The Seattle bunch and others are wont to call us ‘Guilters’ Of which I am a proud member. A proud member of a fraternity of good people. While I may think that some of Knox’s supporters are just naive, I believe that some of them are as vile as she is. I cannot articulate here the level of revulsion I feel for Knox and others like her. I also believe that Knox’s mother knows the real truth of this matter. You can’t fool your mother for very long. It is my sincere wish that Knox gets life without any possibility of freedom in a very cold and harsh prison. Also and personally, the emotion I feel has puzzled me somewhat since I try to keep keep control here but in retrospect if it wasn’t for the bitter lies coming from Seattle and elsewhere by Steve Shay and Bruce Fisher where it has been suggested that it was Merediths fault after all, somehow my emotions would not be so rampant.

X Ernest Werner. You wrote:

“.... My initial response after reading this latest report: Give Amanda life in prison, without parole. Sollecito the weakling—give him half time, like Guede. He did not initiate. Amanda did. ….”

Sorry, we are in Italy and this is not possible. Apart from the “fast-track” trial procedure, chosen only by Guede, from Italian Penal Code we have:

Art. 40 - Rapporto Di Causalità.
Nessuno può essere punito per un fatto preveduto dalla legge come reato, se l’evento dannoso o pericoloso, da cui dipende la esistenza del reato, non è conseguenza della sua azione od omissione. Non impedire un evento, che si ha l’obbligo giuridico di impedire, equivale a cagionarlo.

Art. 41 - Concorso Di Cause.
Il concorso di cause preesistenti o simultanee o sopravvenute, anche se indipendenti dall’azione od omissione del colpevole, non esclude il rapporto di causalità fra l’azione od omissione e l’evento. Le cause sopravvenute escludono il rapporto di causalità quando sono state da sole sufficienti a determinare l’evento. In tal caso, se l’azione od omissione precedentemente commessa costituisce per sé’ un reato, si applica la pena per questo stabilita. Le disposizioni precedenti si applicano anche quando la causa preesistente o simultanea o sopravvenuta consiste nel fatto illecito altrui.

Art. 42 - Responsabilità Per Dolo o Per Colpa o Per Delitto Preterintenzionale. Responsabilità Obiettiva.
Nessuno può essere punito per una azione od omissione preveduta dalla legge come reato, se non l’ha commessa con coscienza e volontà. Nessuno può essere punito per un fatto preveduto dalla legge come delitto, se non l’ha commesso con dolo, salvi i casi di delitto preterintenzionale o colposo espressamente preveduti dalla legge. La legge determina i casi nei quali l’evento è posto altrimenti a carico dell’agente come conseguenza della sua azione od omissione. Nelle contravvenzioni ciascuno risponde della propria azione od omissione cosciente e volontaria, sia essa dolosa o colposa.

“ ....He did not initiate ….”, yes, but he did not try to stop and this, due to art. 40,  is equivalent to he did.

Thanks for your replies to my question The Machine and Ernest Werner. My original question though, wasn’t worded properly. I already knew that the fatal wound is attributed to AK’s hand. What I was getting at though, is that despite this, there were quite a few bruises on Meredith’s body. Was Rudy not responsible for quite a few of the bruises inflicted if not the majority of them?

@ncountryside

I thank you for these corrections & for this information—as much of it as I can understand.

If, not to prevent an outcome (non impedire un evento) when this is required by law (l’obbligo giuridico) is equivalent to… “is equivalent to he did.” Meaning, I suppose, that acquiescence in a criminal deed is very much like doing it.

I have long understood, in truth, that there is no such thing as punishment that fits the crime or can in any way atone for it.
Our opinions on the matter, then, if we should happen to express them, are adjusted to the mores of the society we live in.

After reading Arthur Koestler’s Reflections on Hanging I was for some years opposed to capital punishment. But afterwards, GB Shaw’s Criminal Criminology brought me to the opinion that persons who aren’t fit to be released into society ought best & most humanely to be exterminated.

Shaw’s opposition to long imprisonments (because they are at once inhumane & expensive) is impressively foreshadowed in the morals of the I Ching (see Wilhelm’s version—I can’t find the page.) Crimes of lesser extent, one year or two.  Crimes of great extent, three years.

And Hexagram 61 (Inner Truth) “So bespsricht der Edle die Strafsachen, um Hinrichtungen aufzuhalten.”

Or in plain English: Thus the noble-minded man discusses matters of punishment in order to delay (or even prevent) executions.”

You are on the right side of the argument.

X thundering

Yes. It is the “Strasbourg Convention on the Transfer of Sentenced Persons”, the official site is below:

http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=112&CM=8&CL=ENG

For example, here is the Silvia Baraldini’s case

http://en.wikipedia.org/wiki/Silvia_Baraldini

Peter - Can we send Guede’s report to the major news agencies? This seems like big new to me. Much bigger than the fact that they couldn’t recover any more DNA from the knife or that Curatolo is a “heroin addict”.

Many thanks to those who translated the Supreme Court final report on Rudy Guede and to Peter for posting it. 

Although I never had any doubt that Guede deserved a serious prison sentence for the role he played in Meredith’s death, I wondered if he might be guilty mainly of sexual assault and rape rather than murder per se.  The report posted here makes it clear that cannot be true. 

In addition to Guede’s many lies manifested in the various changes of story, what sealed his fate in my mind was his insistence on being in the bathroom with his i-pod on at the time Meredith was murdered.  As the report states, it would have required a fair amount of time to inflict the multiple wounds and blows found on Meredith and subdue her resistance.  It’s inconceivable that Guede, in such close proximity to Meredith’s room, would not have heard the struggle, with her attempts to fight off her attackers.  Once again, the devil is in the details.  Sixteen years seems far too lenient a sentence.

To former bad girl: Please feel free to send this translation to anyone in the media. It is clear that most US media prepare their reports on this case by reading press releases from Marriott only. The public would be better served if the information provided corresponded to reality.

To ncountryside: thank you for your reply and for the web links. 

I note that there is indeed an agreement between the USA and Italy for transfer of prisoners and I assume that this would only be possible once the sentence has been confirmed following final appeals. 

Would that mean that such a prisoner would still remain subject to the specific terms of their original sentence (in this case sentence imposed by the Italian judicial system) or would the prisoner be able to benefit from any discrepancies between the two systems? 

I see that Sylvia Baraldini was able to benefit from a difference in how Italy and the USA regard the right to silence, for example.  Given the - albeit seeming - outcry in the USA at what they perceive to be a harsh sentence for a young person without prior criminal record, would it be possible for AK & co to obtain alleviations to the sentence such as house arrest or conditional release that may not have been accorded in Italy or would the USA keep to the letter of the sentence as originally set?  Would the USA need to seek agreement from the Italian authorities first?

In this case would the Italian authorities - can they? - not agree to a transfer?  Perhaps AK would consider herself better off in Italy than in the USA except for the fact that her detention in Italy places an incredible burden on her family.

@ thundering

If the Italian Justice System ever makes the mistake of agreeing to anything like a “prison transfer agreement”, Knox will be free in America as soon as her plane touches the airport tarmac. She’ll probably have a party on the runway. That must be her goal in life at the moment - to get back to the good ol’ USA, where she can make millions of bucks on primetime and slander the italian police even more. Her dad Curt has already got the booksignings lined up with Random House. That guy just LOVES money.

Very true. I find it curious though that the American psyche is such that success is measured in the amount of money you have, hence the grass roots industry that has grown up around Amanda Knox. You will notice how much money has been generated in the name of the Knox/Mellas clan not to mention the made for prime time movie. I just wonder how much money really went to the P/R firm they hired not to mention Knox’s lawyers If I didn’t completely believe that Knox was 100% guilty that alone would be enough to turn my stomach. One of the many outright lies perpetrated by one Bruce fisher in Seattle was the contention that Meredith’s parents sued in order to get vast amount of cash thereby doing just what the Seattle bunch are doing already. Point is the Knox apologists seem to project and measure their own greed upon everyone else on the planet by insisting that everyone else is just like them.

Grahame Rhodes’ point about the money making effort around Knox is well taken.  I would like to correct/clarify one minor point, however.

Grahame refers to one such money-maker, Bruce Fisher, as being in Seattle. In fact “Bruce Fisher” TM (my name for him because he seems to be a consortium of individuals and not any identifiable person) has lately claimed to be from New York City.

Significantly, he/it has no verifiable bio or credentials. He/it has been removed as an author from places like Technorati for libelous hate speech. He/it is currently trying to turn to an objective wiki page into a piece of shrill, one-sided advocacy. Wiki founder Jimbo Wales has even gotten involved, admitting the other day that he was unable to find a bio for “Bruce Fisher” TM. “Bruce Fisher” TM claims to be protecting his family, but in fact he is hiding behind them like a coward.

I believe he/it (the group) has close ties to Chris Mellas, the stepfather of Amanda Knox. Two FOA advocacy journalists (Steve Shay and Candace Dempsey) have vouched for the “authenticity” of “Bruce Fisher” TM, but given their track record for veracity (abysmal) that doesn’t count for much in my book.

OK - thank you.  So there would be no ultimate justice for Meredith Kercher if, once the sentence is finally confirmed by the SC, AK were to be transferred to a prison in the USA?  I hope that the Italian system recognises that possibility for the future.

Hi there Skeptical Bystander. Yes.  That makes sense and thank you for the clarification.

Grahame You always nail it. Hats off to you and Thank you

Where next:

Or to next entry Sixth Appeal Hearing: Andrea Vogt On The Testimony Of The Witness In The Square

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