Sunday, February 27, 2011

Five Sleepers For The Knox And Sollecito Defenses That Could Make Matters Even Worse

Posted by Peter Quennell



[Above: Knox defense lawyer Carlo Dalla Vedova and Sollecito defense lawyer Luca Maori]


The situation actually seems tougher for the defenses than even the very stark facts in the post below suggest. Here are some sleepers.

1) All the DNA tests could go against them, Amanda Knox’s DNA might be confirmed on Meredith’s bra or bra clasp as several DNA witnesses believed it was, and if the opening of the knife handle is permitted, Meredith’s DNA might be discovered in there.

2) The defenses hope to destroy the timeline of Curatolo the eyewitness in the park by proving there were no nightclub buses operating that night. But Judge Micheli said that in accepting him as credible his statement that he saw the two in the park the night before all the police activity at the house was enough, and did not even mention any buses. The Hellman court might agree.

3) Prosecutors interviewed and investigated both Alessi and Aviello but never revealed what they found out. If the defenses call them as witnesses, as they desperately need to in light of the Supreme Court of Cassation position below that Guede and two others were involved, they could be destroyed in cross examination and end up facing perjury charges and longer prison terms as a result.

4) The Hellman court might discount the Massei scenario that Guede just happened to be there for a reason not explained, and just started to molest Meredith with two others nearby, who then just oddly chose to join in on his side with some handy knives. The prosecution and Judge Micheli both believed the hazing of Meredith was probably a Knox-driven initiative. The prosecution could make this a main argument in the requested waiving of the mitigating circumstances the Massei court allowed.

5) Sollecito and/or Knox could insist on mounting the witness stand despite counsel advice and in trying to explain the alibis and cellphone and computer happenings and a few other things might collapse under cross-examination - their first unrestrained cross-examination in this process.

Raffaele Sollecito’s superstar lawyer Giulia Bongiorno, now on maternity leave, may not be heard from again. And Sollecito still seems to be maintaining some separation and not giving Knox any help with her fifth alibi.

Posted by Peter Quennell on 02/27/11 at 06:11 PM in Other witnesses30 Alessi hoax31 Aviello hoax

Comments

Pete,

The sleepers you list, certainly make the situation seem tougher for the defenses than even the very stark facts in your post below suggest.

Shouldn’t Counsel for these defendants be persuading their clients that the only chance for mitigation is the admission of guilt you indicated in one of your comments?

IMO the ONLY question realistically remaining is WHEN to make the admission.

Posted by Cardiol MD on 02/27/11 at 10:13 PM | #

I’m pretty confident that the appeals court will make sure that justice prevails in this case. The sleepers that you listed certainly drives home the fact that Amanda and Raphael have a slim to none chance of their appeal being successful. I just hope that she has to serve at least a 1/3 of her sentence before her next one is heard.

Posted by Barry on 02/27/11 at 11:27 PM | #

I’m a first time poster, I’m prone to cynicism in this situation and have had a nagging question for several months now and it doesn’t appear to have been raised here.

Was it a coincidence that both Filomina & Laura, and ALL the guys downstairs were out of town on the night Meredith was murdered?

It seems to me that it would be part of the ‘Perfect Plan’ that there was no-one within the thick stone walls of the building to hear any sounds of a struggle and the walls almost kept the sounds from being heard outside.

It points to premeditation that goes beyond ‘the straw that broke the camel’s back’ hypothesis that Patrick’s text message suggests.

I have found it heart warming that everyone involved in this site have taken the time to remove the scarves and veils surrounding this case and opened up the truth to the English speaking world. You’re a credit to human nature in such a dark scenario.

Posted by Hijacked Nickname on 02/28/11 at 01:39 AM | #

Sorry, I know that this is quite OT, but Yara Gambirasio was found last night.

http://www.agi.it/iphone-en-cronaca/notizie/201102272045-cro-ren1106-autopsy_reveals_yara_was_stabbed_six_times

http://www.tgcom.mediaset.it/fotogallery/fotogallery9107.shtml

http://www.tgcom.mediaset.it/fotogallery/fotogallery9897.shtml

Posted by ncountryside on 02/28/11 at 02:14 AM | #

Sad story of a teenage schoolgirl missing for some months. Yara came from Bergamo a few miles to the east of Milan. There had been a huge community effort to find her or her remains.

May those who cut short her life soon be caught. Italian justice will take care of them from then on. Sincere condolences to Yara’s bereft family.

Posted by Peter Quennell on 02/28/11 at 03:16 AM | #

By Storm Roberts (Innai)

Dear Hijacked Nickname,

I believe All Hallows is a holiday in Italy.  The young men living in the downstairs flat had returned to their family homes for the duration of the holiday. Laura had also left Perugia for the weekend and Filomena was spending the time with her boyfriend.

The University was closed on 2nd November - Meredith and her friends had thought they had a lecture in the morning as they had not realised this was part of the holiday.

Knox and Sollecito had planned to visit the near by town of Gubbio.  In my opinion, Sollecito was definitely aware of the holiday, Knox may have been less aware of the duration of the holiday, but given she was so close to Sollecito during those days I think she knew.

I also think that, given the testimony that there was friendly interaction between the young men in the downstairs flat and the young women in the upstairs flat, it would have been obvious that it was “quiet” and that there was no-one saying Hi, putting out rubbish etc. 

I have also wondered about the following from Knox’s email home:

“...room was spotless which made since becaus the guys had thoroughly cleaned the whole house before they left on vacation.”

This email was written before her arrest and here is describing when the police took her to look at the downstairs flat.  It has always made me think that she knew they were going away for a few days at least.

Peter,

1)  I think the DNA review could cause more problems for the defence teams.  Technology races onwards and now, just a few years after the initial test LCN DNA testing is becoming more common and more accepted.  Some of the DNA experts called at the first trial claimed Knox’s DNA was on the bra clasp.  If this is confirmed, or, as you mention, if the knife yields more results, the defence teams will have nowhere to turn.

2)  Curatolo’s evidence was just one thread of a very complex case.  If you take his testimony out of the equation the prosecution case is still solid.

3)  I’m not sure that Alessi and Aviello will ever testify.  I feel sure the prosecution team have fully checked their stories and if there was any real substance the defence teams would have been using them as the mainstay of the appeal.

4)  I have always felt the Micheli Report gave a better reasoning with regards to Guede’s presence than the Massei Report.  It will be interesting to see how the appeal court, with all the evidence they have, reads the situation.

5)  If either Knox or Sollecito takes the stand the results will be very interesting.  I don’t think Sollecito will - I don’t see him standing up to cross examination.  Knox might - as we know, she took the stand in her own defence during the first trial and, by all accounts, did herself no favours.  Her recent words at the start of the appeal show she is still prepared to stand up and speak to the court - the impact of her words, however, may not be what she wishes.

Posted by Nolongeramember on 02/28/11 at 10:27 AM | #

I believe we are steaming closer to endgame now in the real world.

I feel for the defence team of Knox.It must be very frustrating for them.

Now is the time for the closing and losing gambit.

In all probability they have given Edda Mellas good and sound counsel but she has stuck to her guns and more or less told or demanded of them what to say, being the ultimate back seat driver that she is.

Similarly with Ms. Bongiuorno, she knows Sollecito is an invertabrate and still living in his insulated world like the pampered daddies boy that he is.
They are professional and intelligent people -they know, they know! but they are only doing their job.

How ironic that all the money Mellas and co are forking out is all going to waste due to Edda’s big and nasty tongue.

Posted by Black Dog on 02/28/11 at 06:08 PM | #

Italian judges’ report: Amanda Knox says she ‘was there’
By ANDREA VOGT

http://www.seattlepi.com/local/436221_knox28.html

Posted by mojo on 02/28/11 at 10:44 PM | #

Thanks a lot Mojo. Andrea Vogt provides 100% of a picture of the case and she doesnt have this tedious habit of selectively cherry picking to accomodate a strong bias that Nicki Batise of ABC and so on and on show.

Posted by Peter Quennell on 03/01/11 at 12:06 AM | #

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