All our posts on 9 Mignini v Knox hoax

Why Did The Mainstream Media Enable A Takeover By The Conspiracy Nuts?

Posted by The Machine



How Seattle is misinformed. Exoneration? Riiiight….

Rampant Conspiracies

This condemnation is written in light of the ever-growing wave of translated transcripts.

They show how extremely good the investigation and case at trial really were. And how extremely wrong were too much of the press. Why did mainstream media organisations allow so many conspiracy nuts to spout their unsubstantiated and ridiculously far-fetched claims?

Mainstream media organisations have known for a while that the general public has an insatiable appetite for documentaries about allegedly innocent people who have been convicted of murders they didn’t commit.

A cursory glance at the selection of true crime documentaries on Netflix provides evidence of the appeal of this specific genre. Amanda Knox, West of Memphis and Making of a Murderer are all hugely popular.

The Serial podcast about the Adnan Syed/Hae Mine Lee case is one the most downloaded podcast of all time. Sarah Koenig presented the case from the defence’s perspective and concluded there isn’t enough evidence to convict Adnan Syed of Hae Min Lee’s murder. 

The juries in the respective cases above listened to the prosecution and defence present their cases in court.

They weighed the testimonies of the experts and witnesses for both sides and they were all convinced that Amanda Knox and Raffaele Sollecito, Damian Echols, Jesse Misskelley and Jason Baldwin and Steven Avery and Brendan Dassey and Adnan Syed were all involved in exceptionally brutal murders.

There is damning evidence against all the people mentioned above. But many journalists don’t want the facts to get in the way of a good story.

Among The Worst

Paul Ciolino admitted in a question-and-answer session about the Meredith Kercher case at Seattle University that CBS News didn’t care whether someone was innocent. The only thing they care about is the story.

I work for CBS News. I want to tell you one thing about CBS. We don’t care if you did it. We don’t care if you’re innocent. We like a story. We want to do a story. That’s all we care about.

It was recognised as far back as 1999 in the legal profession that journalists have an inclination to slant their reports in favour of the defendants.

P. Cassell, “The guilty and the ‘innocent’: An examination of alleged cases of wrongful conviction from false confessions”, Harvard Journal of Law and Public Policy, 1999:

...academic research on miscarriages should not rely on media descriptions of the evidence against defendants. Journalists will all too often slant their reports in the direction of discovering “news” by finding that an innocent person has been wrongfully convicted.

The default position of mainstream media organisations in the US was that Amanda Knox is innocent despite the fact that the vast majority of journalists who covered the case weren’t in a position to know this - they hadn’t regularly attended the court hearings or read a single page of any of the official court reports.

The news organizations in Seattle was so partisan in their support of Amanda Knox that they were effectively just mouthpieces for the PR firm of David Marriott that was hired by Curt Knox to influence a credulous and naive local audience who felt duty-bound to support the hometown girl.

Lawyer Anne Bremner couldn’t resist the temptation to use the case to promote herself in the media. Judge Michael Heavey was recruited so he could use his position as a judge to sway the public.

The vast majority of people in Seattle were kept completely ignorant of the basic facts of the case by all their newspapers and all their TV news, so they were not in a position to realize that both Bremner and Heavey got basic facts wrong.

Many American journalists who reported on the case hold the ridiculous belief that the US legal system is the only competent and just one in the world, and that no US citizen charged by a foreign court with any crime can possibly be guilty of it or ever receive a fair trial.

The claim that Amanda Knox was being framed for a murder she didn’t commit by corrupt officials in a foreign country by her supporters was manna from heaven for mainstream media organizations in America.

It was a sensational story that was guaranteed to enrage and entertain a gullible American public in equal measure.

It’s not possible to ascertain precisely who originated the story that Amanda Knox was being framed for a murder she didn’t commit by a corrupt legal system.

But it almost certainly came from someone within or very close to Amanda Knox’s family. Jan Goodwin was one of the first journalists to make the claim after interviewing Edda Mellas for Marie Claire in 2008.

Studying abroad should have been a grand adventure. Instead, Amanda Knox has spent a year in jail, accused by a corrupt legal system of murdering her roommate.

Goodwin didn’t offer any evidence to substantiate her claim that the Italy legal system is corrupt, presumably the word of Edda Mellas was good enough for her.

It transpired that the word of Edda Mellas and ex-husband Curt and Amanda Knox’s supporters was good enough for the vast majority of journalists who covered the case on both sides of Atlantic.

They unquestiongly accepted everything they heard without bothering to do any fact-checking whatsoever. Time and again not a single investigator or court official in Perugia was interviewed.

This explains the reason why so many articles about the case are riddled with factual errors and well-known PR lies.

Other media organisations wanted to get in on the act and claim there was dastardly plot to frame Amanda Knox for Meredith’s murder.

CBS News allowed a couple of zany conspiracy nuts to spout their nonsense without providing any evidence to support their wild-eyed claims. Here’s Paul Ciolino again:

This is a lynching ... this is a lynching that is happening in modern day Europe right now and it’s happening to an American girl who has no business being charged with anything. (Paul Ciolino, CBS News.)

Here is Peter van Sant.

We have concluded that Amanda Knox is being railroaded… I promise you’re going to want to send the 82nd Airborne Division over to Italy to get this girl out of jail. (Peter Van Sant, CBS News.)

The reporting was invariably tinged with xenophobic sentiments. Italy was portrayed as some backward Third World country whose police force was comically incompetent. Here’s CBS’s Doug Longhini.

But in the case of Amanda Knox, the American student convicted of murder in Italy last December, the Via Tuscolana apparently failed to separate fantasy from truth. Too many Italian investigators rivaled Fellini as they interpreted, and reinterpreted facts, to suit their own, surrealistic script.” (Doug Longhini, CBS News).

WHERE in all the transcripts is that proved?  Doug Longhini’s pompous and pseudo-intellectual comments are meaningless and lack any substance, although he was no doubt very pleased himself for his “clever” reference to Fellini.

Ironically Longhini was unable to separate fantasy from truth when he produced the error-ridden American Girl, Italian Nightmare for CBS News. The documentary includes the familiar PR lies about satanic rituals, the 14-hour interrogation sessions, and Knox not knowing Rudy Guede.

Lawyer John Q Kelly seemingly forgot the Latin maxim “semper necessitas probandi incumbit ei qui agit” - “he who asserts must prove” - when he claimed that Knox and Sollecito were being railroaded and evidence against them had been manipulated.

My thoughts, Larry, it’s probably the most egregious international railroading of two innocent young people that I have ever seen. This is actually a public lynching based on rank speculation, and vindictiveness. It’s just a nightmare what these parents are going through and what these young adults are going through also.

“There’s been injustice here. There’s been injustice in other countries but this is just beyond the pale. The manipulation of evidence; the most unfavorable inferences drawn from the most common of circumstances and conduct was just a gross injustice here.”

(John Q Kelly, CNN).

Judy Bachrach was also allowed to claim there was a conspiracy to Amanda Knox on CNN.

Everyone knew from the beginning that the prosecutor had it in for Amanda Knox, that the charges are pretty much trumped up…

From the beginning this was carefully choreographed, they wanted to find her guilty, they’ve kept her in jail for two years even before trial and they did find her guilty. This is the way Italian justice is done. If you’re accused, you’re guilty.

There isn’t an ounce of hard evidence against her and all of Italy should be ashamed actually.” (Judy Bachrach, CNN).

Arguably the craziest conspiracy nut - and the competition is fierce - is the former FBI agent Steve Moore in early retirement.

Steve Moore claimed the Perugian police, Guilano Mignini, Dr Patrizia Stefanoni, Edgardo Giobbi the head of the Violent Crimes Unit in Rome, Judge Massei, and the Italian Supreme Court were all part of a dastardly plot to frame Amanda Knox.

Moore claimed the following on his blog.

For this to happen, though, pompous prosecutor Giuliano Mignini, forensic perjurer Patrizia Stefanoni, and mind-reading detective Edgardo Giobbi (and others), must be prosecuted for their corruption. The judge who rubber stamped the lies in the first trial, Massei, must be also called to the bar of justice-or back to law school.

In a discussion with lawyer Paul Callan on CNN Moore actually claimed the Supreme Court was involved in the conspiracy.

Paul Callan: “And now “¦ and they (the Perugian police) got the Supreme Court of Italy involved in this conspiracy? You know, that’s like saying that “¦ [Steve Moore interrupts]”

Steve Moore: “Yes, they do. Yes, they do. You are being naive. You don’t understand the Italian system. You don’t understand it. You are defending something you don’t understand.”

Barbie Nadeau reported Moore’s claim that evidence was manipulated for The Daily Beast.

The evidence that was presented in trial was flawed, it was manipulated.

Steve Moore has never provided any evidence to support his wild-eyed hysterical claims there was a huge conspiracy involving a prosecutor, different police departments, Judge Massei and judges at the Italian Supreme Court to frame Amanda Knox for Meredith’s murder.

It’s no wonder TV legal analyst Paul Callan was smiling, desperately trying not to burst out laughing, when he discussed the case with Moore on CNN.

Moore provided irrefutable proof in the short time he was on CNN that he is ignorant of the basic facts of the case, and that he hasn’t read any of the official court reports. He falsely claimed “the DNA that they said was Raffaele’s was actually a woman’s DNA.”

No expert claimed this at the trial.

Sollecito’s DNA was identified by two separate DNA tests. Of the 17 loci tested in the sample, Sollecito’s profile matched 17 out of 17. David Balding, a professor of Statistical Genetics at University College London, analysed the DNA evidence against Sollecito and concluded it was “very strong”.

Moore told Erin Burnett: “The second trial proved with independent experts that the DNA that they claim was the victim’s was not on the knife.”

A number of forensic experts - Dr Stefanoni, Dr Biondo, Professor Novelli, Professor Torricelli, and Luciano Garofano - have all confirmed that sample 36B which was extracted from the blade of the knife WAS Meredith’s DNA. The independent experts did not carry out a test on this sample. 

In England there were deranged conspiracy nuts claiming Amanda Knox was framed too.

Amy Jenkins bizarrely claimed in The Independent that Knox and Sollecito were the victims of a miscarriage of justice because Knox was a young woman, the Italians didn’t like the fact Knox snogged her boyfriend and someone needed to save face or something.

The truth is, Amanda Knox’s great crime was to be a young woman ““ but mainly it was to be a young woman who didn’t know how to behave. She was 20 years old, she was suffering from shock, and she was in a foreign country. She was interrogated with no lawyer and no translator present. She made a phony confession.

Clearly no saint, she wasn’t a Madonna either. That’ll make her a whore then. She snogged her boyfriend; she was slightly provocative on Facebook; she turned an inappropriate cartwheel. In a Catholic country, it’s clearly not such a leap to go from there to stabbing your room-mate in the neck during a violent sexual assault ““ because that’s the leap the prosecution made.

To save face, Knox and her poor boyfriend had to be somehow levered into the frame. As the whole juggernaut of injustice chugged on it became harder and harder for the six lay judges who acted as a jury to destroy a case that had been constructed over two years by prosecutors who were their close working colleagues.” (Amy Jenkins, The Independent).

Conclusion: READ THE DOCUMENTS

More and more the translated documents prove that all of them have been wrong. The conspiracy theorists predictably haven’t provided one iota of evidence that there was ever any conspiracy to frame Amanda Knox for Meredith’s murder.

I suspect the producers at mainstream media organisations like CBS News and CNN knew there never was any conspiracy to frame Amanda Knox all along, but they didn’t get care because they wanted a sensational story. 

Too many people within the media perversely see murder as entertainment. Rather than providing balanced and factually accurate coverage of murder cases they want to outrage and entertain the masses with melodramatic stories of conspiracies involving corrupt prosecutors and cops who want to frame innocent people for murders they didn’t commit instead.

We shouldn’t be surprised by the popularity of Making of a Murderer on Netflix. It filled a vacuum after Knox and Sollecito were acquitted in 2015.

I have no doubts that journalists from mainstream media organisations are currently looking for the next alleged case of someone being framed or railroaded for a murder they didn’t commit.


Why Smart Feminists Much Prefer To Keep Amanda Knox At Arms Length

Posted by Our Main Posters



Smart Feminist Selene Nelson, quoted below

1. First Choice For Trophy Victim?

Who does Martha Grace Duncan for example see as the victim here?

Clearly not Meredith. Clearly not Meredith’s family. Clearly not Patrick, whose business Knox wrecked.

Clearly not the inconvenient Sollecito or Guede who she almost forgets to mention - although Italians almost universally blame Knox for conning that hapless pair into the attack, wielding the fatal blow, and wrecking their lives as a result.

Martha Duncan as we already know has read none at all of the vast trove of court documents.

So she will presumably be surprised that Sollecito made this statement in writing to Supervising Magistrate Matteini, just 48 hours after their arrest.

I never want to see Amanda again. Above all, it is her fault we are here.

In really weird contrast Martha Duncan comes across as besotted, even blinded by Knox. She works overtime to identify herself with her little darling.

Clearly it is KNOX and ONLY Knox that Martha Duncan sees as the victim here. Wow does Duncan go the extra mile for her.

2. Join The Line Martha Duncan

This is not the first time that a faux feminist has performed contortions with the truth to make this case all about Me-Me-Me & Amanda Knox versus All Those Mean Men.

Nina Burleigh went the same way. See this post among others.

So did Judy Bachrach. See for example this post.

So did Linda Marie Basile. See this post rebutted in full below here.

So did Jan Goodwin. See this post.

So did Amy Jenkins. See this post.

So did Katie Crouch. See this post.

So did many of the suspiciously clinging Amanda Knox groupies - though some woke up and took off on her. Remember Maddy Paxton? Long gone.

Who does the best work at taking these faux feminists down a peg?

No surprise here. Invariably other women. So many women simply dont trust Knox or like her. Rather more women than men dislike her in our experience and say so.

For example among others media favorites like Nancy Grace and Wendy Murphy and Ann Coulter were scathing about Knox and the groupies on TV shows. Almost all the most objective reporters have been women. We’ve depended on them a lot.

Here are two who were pretty scathing in correcting the opportunists and dupes.

3. Selene Nelson Decries Faux Feminism

Huffington Post

Why Feminists Owe Amanda Knox Nothing

26/06/2014 14:42 BST | Updated 25/08/2014 10:59 BST

By Selene Nelson

In May the Huffington Post published an article titled Where Are All The Feminists? Why Amanda Knox’s Story Is About More Than Murder. Lisa Marie Basile begins her piece: “Amanda Knox is innocent of murder,” before going on to suggest that Knox was targeted only because she was “sexually active and good looking”. The reason Basile cares? Because she is “a human and a feminist.”

I am also a human and a feminist. I too believe that Knox suffered inexcusably sexist treatment by the media. I also happen to believe that she is unequivocally guilty. As someone who has followed this case for many years, I take offence to the misinformation that riddles Basile’s article. Where, Basile wonders as she laments Knox’s fate, are all the feminists?

We’re right here, Lisa. Basile’s implication - that those convinced of Knox’s guilt do so because of gender prejudice - is laughable. Not only does it demonstrate astonishing ignorance of the facts of this case, but Basile’s entire article is suggestive of the role her own prejudice plays in forming her opinion of guilt or innocence.

Basile is correct that the issue of sexism towards Knox should be addressed. Continually portrayed as a sexual object by the media, the fact that Knox deigned to enjoy casual sex was held up as an indication of her deviancy, and when the press discovered that she kept a vibrator in full view in the bathroom, you could almost hear the collective intake of breath.

The media’s unwavering determination to paint Kercher and Knox as Madonna/Whore figures is also troubling. While Knox has been portrayed as manipulative and sadistic, Kercher has become virginal, passive, saint-like. This is unsettling. Would Kercher’s death be any less tragic had she shared Knox’s penchant for casual sex? Does a woman’s sexuality make her guilty? Does her presumed virginity redeem her? Kercher was an innocent victim, regardless of her sexuality; she does not need to be canonised for this murder case to be any more tragic than it already is.

However, as shameful as the prejudiced handling of the “Foxy Knoxy” persona was, it has no bearing on the evidence against her. The vast majority of people who believe Knox is guilty do not figure her sexuality into their reasoning. Her sex life has zero bearing on my belief of her guilt, nor, I doubt, the opinion of the 20+ judges who have found her guilty. Her two convictions have nothing to do with vibrators, Satanism, cartwheels or kisses, but the mountain of evidence against her. Evidence Basile simply ignores.

To claim, “There is no credible evidence” against Knox is absurd. It is actually ludicrous. Basile dismisses 10,000 pages of it as neither credible nor realistic without even acknowledging it, imparting a string of passionate pro-Knox statements that are criminally unsubstantiated.

What Basile misses is the point that were Knox unattractive, let alone a minority or male, she would have a fraction of the support she has. People want to explain the evidence away, or ignore it completely as Basile does, precisely because they don’t want to think a nice pretty white girl could commit a crime like this. Basile has conveniently neglected the fact that Knox’s femininity and attractiveness have helped her far more than hindered her, because in order to believe Amanda Knox, you have to overlook the following:

Her DNA mixed with Kercher’s blood in five spots; Knox’s fresh blood, and Kercher’s blood, smeared in the bathroom; Sollecito’s DNA on Kercher’s bra; Knox’s DNA on the handle of the murder weapon, Kercher’s on the blade; the footprints matching the bare feet of Knox that contain her DNA mixed with Kercher’s; the staged crime scene with glass on TOP of the clothes and a near impossible window entry point; Knox’s false accusation of her employer; her total lack of alibi and multiple lies; the phone and computer records that prove dishonesty; her utterly implausible account of the morning after the murder; the frantic call she made to her mother in the middle of the night that she “forgets” making; her email home; the witness testimony; the fact Knox knew multiple details about the murder she couldn’t possibly have known; the evidence suggesting Kercher’s body was moved and the scene staged hours after her death when Rudy Guede, the third person convicted of the murder, was long gone.

This is by no means an exhaustive list of evidence but is just an indication of how embarrassing these “no evidence” claims are. Blind ignorance of the subtleties of this case seems to have spread across a great deal of America like some kind of mental epidemic. What has prompted this trust of Knox, so entirely out of place considering she is a convicted liar and slanderer? Even the 2011 appeal that acquitted her (and was subsequently thrown out by the Supreme Court for being inaccurate, illogical and biased) increased her sentence in this respect. The urge to believe the Italian courts have now twice convicted two young people without evidence is shocking and reeks of xenophobia.

Basile then tries to defend Knox’s “false confession”: “We should remember that Knox was interrogated for many hours without food or water [and] slapped and screamed at in Italian,” she writes sympathetically. What nonsense. It is a fact that Knox’s interview was at most two hours long; minimal research would have told Basile that the torturous, lengthy interrogation story was utterly fabricated. So fabricated that her parents face criminal defamation charges for claiming otherwise.

More importantly, this wasn’t a false confession now was it; it was the flagrant false accusation of an innocent man. As soon as Knox learned of Sollecito’s alibi withdrawal for her (another fact conveniently ignored by her supporters and Basile), out came the finger of blame, the same finger she kept pointed at her employer for over two weeks while he languished in jail. Two weeks. This was not a “false confession” blurted out on impulse: Knox let an innocent man suffer for a fortnight.

Basile gives free pass after free pass to Knox, justifying her lies, excusing her behaviour, dismissing the evidence. Why? Why is Knox’s word enough?

She may argue this: “There was no hair, fibre, footprint, shoe print, handprint, palm print, fingerprint, sweat, saliva, DNA of Amanda Knox in the room where Meredith Kercher was killed,” as her attorney stated. “That tells you unassailably that she is innocent.”

Sounds compelling. That is until you realise that applying that logic to all the evidence, rather than just that which incriminates Knox, presents quite the conundrum:

“There was no hair, fibre, footprint, shoe print, handprint, palm print, fingerprint, sweat, saliva, DNA of Rudy Guede in the blood-stained bathroom where there is the blood and DNA of Knox. That tells you unassailably that Guede did not do the crime alone.”

Or this:

“There was no hair, fibre, footprint, shoe print, handprint, palm print, fingerprint, sweat, saliva, of Knox in the bedroom where she slept…That tells you unassailably that Knox never even lived in the cottage.”

Aside from the inaccuracies throughout, what grates most about Basile’s piece is the title, the suggestion that feminists have failed Knox. What total short-sightedness; what utter blindness to the sensitivities of this case. Feminists owe Knox nothing and to suggest we do is ignorant and insulting. She had a hard time in the press, yes, but frankly it’s not the point. I too have been angered by what the media too often chooses to focus on, but for entirely opposing reasoning: it allows her supporters to deflect the actual issue. It allows them to gloss over the unequivocally incriminating evidence that Amanda Knox either murdered Meredith Kercher herself or, at the very least, played a devastating part.

Her “Foxy Knoxy” status is an irrelevance. No one has “failed” her. She has failed herself, and she fails the Kercher family each and every day she protests her innocence. There is only one female victim here - Meredith Kercher - and how dare Basile allow Knox’s PR spin, and her own wilful ignorance, to conceal that.


4.Law Expert Nicki In Milan Decries Faux Feminism

14 June 2009. Posting from Milan where we also have been watching Knox testify in Italian.

Here are just three of the disbelieving headlines on the testimony that have been appearing in the Italian press.

  • All of Amanda’s wrong moves (La Stampa)

  • Amanda growls but Patrick bites (Il Giornale)

  • Amanda: I am innocent. But many “I don’t remembers” start popping up (ANSA)

As many of us were expecting, Amanda’s testimony has backfired. She came across not as confident but arrogant, not as sweet but testy, not as true but a fake who has memorized a script, an actress who is playing a part but not well enough to fool the public.

It is true that the Italian media and public opinion in general have not been very benign with Knox. But not for the reasons that the American media seem to want to push.

Let’s make it clear, Amanda Knox is not on trial because Italians are unaccustomed to or even “jealous” of her freedom and lifestyle”¦ The first time we read these “explanations” we found them quite laughable.

But for many or most Italians the initial amusement has now given way to a profound irritation. Amanda Knox’s lifestyle is shared by hundreds of thousands of Italian girls, who like partying and sex as much as she does - or even more - and they live a happy carefree life with no fear of being perceived as “bad girls.” They behave no differently from any other girl of the same age in America or in any other Western country.

Dear American media, welcome to the 21st century and to globalization!  Please put aside pseudo-romantic and passè vision of a country where all men chase American girls because Italian women are not as approachable for “cultural” reasons: Italian men are into foreign girls no more but no less than Italian girls are into foreign boys.

They generally greatly like Americans because of their great interest and curiosity for a country and its people that many Italian youngsters have only known through books or movies. Amanda Knox is not on trial because she is American and therefore too “emancipated”. She could even be from the North Pole as far as Italians are concerned.

What really matters to them is to find the truth about Meredith’s murder and to do real justice for her terrible death. Italians don’t much like Amanda primarily because they perceive her as a manipulative liar, who is suspected of having committed a heinous crime for which there is a whole stack of evidence - and they perceive this even more-so after this last week’s court hearings.
 
In addition, the US media’s seemingly endless bashing of the Italian justice system, and of the whole country, most recently by CBS and ABC, has definitely made things worse.

The Italian police are NOT known to be particularly violent - although, agreed, it may happen when they’re dealing with violent males suspects from Eastern Europe or Africa, or in the streets when they have to deal with a riot. Violence is NEVER used with white, female college students from Italy, America or elsewhere.

And Italy is a sovereign state with a great juridical tradition. Receiving condescending lectures by the media of a country where the death penalty is still applied in many states comes across as more than insulting - it is utterly ridiculous. Before you judge the “backwardness”  of the Italian justice system, you should at least first read Cesare Beccaria’s amazingly humane Of Crimes And Punishments (written in 1764) and perhaps you’ll reconsider.

If the American media just cannot understand that there are alternatives to the “American way “, that may not be so bad after all. But they should at least show some respect for a foreign, sovereign state and its people.

If the media can’t even manage to do so - and they really want to help Amanda - the best thing to do now is to go quiet and let the Italian justice work at its pace and according to its own principles. If Amanda is only guilty of arrogance, callousness and narcissism, she will be free soon.

Dear American followers of Meredith and, for that matter, also friends of Amanda Knox. May I speak right to you, and right past the media?

There has been no character assassination, no demonization, no great wave of hate and revenge, no mad prosecutor, no Satan theory of the crime, no invented evidence, and no massive bumbling.

What there has been is a whole stack of evidence and a VERY careful process. Kernit in effect described all the evidence in his extraordinary 150 questions.

And on Friday and Saturday, Amanda Knox for better or worse chose to answer NONE of them.


5. TJMK Poster Hopeful Decries Faux Feminism

Explaining Why Smart Feminists Have Rightly Been Extremely Wary Of Amanda Knox

First posted 5 June 2014.

1. Late Joiner Of The Dwindling Knox Parade

A week ago in the Huffington Post Lisa Marie Basile asked why feminists are not storming the barricades for Knox.

The gullible Lisa Marie Basile had obviously swallowed whole Knox’s avid self-promotion and serial demonizing to create a muddled article at best, confused about feminism, poorly researched on the case, nasty to good Italians who are in no easy position to defend themselves, and hugely disrespectful to the real victim. 

I want to explain what real feminists are seeing that the faux feminist Lisa Marie Basile has managed to miss. Above all feminism means justice to women, and the many women who post on and support sites like TJMK are upholding justice, for the only woman who counts in this case.

2. An Attack With Indisputable Sex Aspects

Remember, Meredith is the innocent woman who was slain by an undeniably jealous and unhinged fellow female who used two males as her henchmen. No Italian court disagrees with that, and Italian courts (except when hijacked as with Hellmann) are extremely careful. .

The victim was left partly nude and in a staged position on the floor to suggest to whoever found the body that it was a sexual attack. Has Ms. Basile forgotten this actually was a sex crime for which all three were charged and sentenced? This surely opened the door for examination of the sexual behavior of the former suspects.

There was no “gendered expectation” among Italians investigating this crime, only a ” truth expectation.”

Articles like “We Are All Amanda Knox” which Basile mentioned try to normalize and even exult in Amanda’s behavior as a wild woman, but she is not at all the norm there.

Raffaele had led a more restrained sexual lifestyle, actually more typical of a coy young woman than a randy man. Raffaele, in keeping perhaps with the church doctrines in which he had been reared, had not taken any sexual partners except possibly for one, other than in his extensive fantasy life.

Guede’s sex act on Meredith was never in question, as he left behind his DNA to prove he had no boundaries. His nuisance behavior hitting on girls in nightclubs in Perugia was fully discussed, and he got no breaks from anyone on any front.

Knox herself bragged about her liberation ethics and fast work with men. Nobody else turned her into a “filthy, sex-obsessed slut” but herself. The media mostly rather neutrally reported the facts, and even when her track record of casual sex became clearly documented, it was never made a focal point of the trial at all.

What was focused on was Knox’s alibi, her lies that her boss had killed her “friend” and her phone records. Knox was under the microscope for her DNA being found mixed with Meredith’s blood in five locations of the cottage.

Knox was not questioned in court about how many boyfriends she had, or her one-night stands. She was never ever questioned about her sex partners or asked to list them, simply about what males had visited the house who might have had an interest in Meredith.

Again, this after all was staged to look like a sex crime, and had signs of sexual activity on the body. The Italians were hardly rushing off on detours for false reasons of prurient interests.

3. Morphing Into A New Knox Persona

For several years starting in Seattle Knox had adopted a dangerous and very irresponsible lifestyle, which she first bragged about but has tried to back away from since she left Italy. She pretends now to have a monogamous relationship with James Terrano.

Now Amanda manages to visit the television studios in a somber manner without cartwheels or doing splits and laughing. Amazing how serious she has become about her own tragedy while telling it to microphones for the world to hear after giggling about Meredith’s death and sticking her tongue out sitting on a male lap in the police station, making fun of it all when it wasn’t her death involved.

Amanda’s “offness” as Ms. Basile refers to it raised a red flag of disrespect for the victim, which was why it was significant.  Her lack of dramatic weeping outside of the cottage was never an issue.

Italians are very savvy. They are hardly the logic challenged numbskulls that Ms. Basile seems to fear they’ve been painted. Her hints that a godfearing Mignini is somehow inept shows her own bias to the godless and ruleless, the lawless and the stupid. I won’t even go into issues of spiritual faith, it is too divisive. Surely we can all agree with the mandate “Thou shalt not kill.”

4. There Was No Witch Hunt Or Inquisition

Sadly Ms. Basile has bought into Knox’s warren of lies about “forced confessions” (in actuality accusations of an innocent man!), and the cleanup that was somehow “impossible” and a “tortured five days of brutal interrogation”.

All have again and again been proven false and didnt stop her serving a three year sentence. Amanda Knox was challenged on her alibi, the presence of her blood at the scene, and her ownership of a key to the non-broken-into cottage.

She herself brought forward her alcohol and drug use, and blamed it for intoxication and lost memory for the night in question.

To rid herself of her most fundamental misconception about Amanda Knox, Lisa Marie Basile should read this series on the interrogation hoax which Knox still pushes and Basile gullibly swallowed.

5. Why Respect The Virtues Of Sexual Purity?

Modern Italian women are more fast, colorful, liberal and worldly than Americans may realize. They certainly dress a lot better. Naturally they try to live out their Catholic faith as best they can, even if we all fail to meet our highest ideals.

At the same time Italians tend to arrive at very close loving enduring families. How women prepare themselves is a very big component of this success - a success which Americans could use a lot more of. 

Here are some practical reasons why Italians value sexual responsibility, which have nothing to do with faith, religion, or patriarchy, but only the safety of innocent children.

Italians as all cultures do, prefer women who are cautious and circumspect with their sexuality, as a sign of the woman’s self-discipline, a natural caution toward males as a survival instinct which she will pass on to her offspring.

A female’s self-discipline in sexual matters is a hallmark of her personal self-respect and a sign she is able to envision her larger future as the wife of a dignified man.

Most such men hope to marry a woman clean of physical disease who also carries little emotional baggage from multiple sexual affairs and heartbreaks with multiple men.

The fewer of those encounters before marriage, the better chance the children she bears him will be in no doubt of their parentage.

This is supremely important to the man, who will be working to pass on his entire life’s work and heritage to the children he feels he has truly engendered and who carry his genes and his bloodline.

The children will more likely have a safe lifestyle of similar circumspect behavior and self-discipline inculcated by their mother who will be a large influence on their morals.

The mother’s reputation can add or detract from her children’s social position and can expand their opportunities as people of trustworthy background or its opposite.

There can be a safety aspect. A woman who has had a raunchy past may have unfinished business with various men who may possibly come back into the area, begin to harass, taunt, spread rumors, or even physically threaten and cause difficulty for a new husband’s family, suspicious that perhaps one of the offspring is his own.

In this day of twitter, instagram, Facebook, email, and YouTube, sordid rumors that were once easily squelched now become known worldwide on digital media.

It is simple logic that if a woman while in the heyday of her youth and good looks in the full bloom of health and optimism, could not make attachments or command loyalty and devotion despite going all the way to sleeping with a man, that this person somehow has her radar broken or uses poor judgment.

Perhaps she simply prefers the lust for pleasure over saving herself for marriage to the man who would one day do her the most good and with whom she would develop a lifetime relationship. At any rate, she may have a sex drive that overwhelms her judgment. It may motivate her even after marriage, to break the ties of marriage.

The husband of such a woman will also inherit her personal history and may grow to resent behaviors in her past that might tarnish his future and their children’s.

This is merely a common sense outlook on why it is smart to abstain from sexual intimacies with lots of strangers who have no ongoing goodwill toward the person whose body they use, nor any commitment to the offspring of such union financially or physically.

A woman’s body at any time could conceive despite using birth control.

In each normal sex act she takes the risk of facing the horrendous consequences of pregnancy without emotional support, finances, and then she faces 15 to 20 years of her life required to raise the child while trying to introduce him to various father figures who may never feel the natural bond to the child that a married father would.

Talk to single moms anywhere, their path is no piece of cake.  To choose this hard path by one’s own lack of self-discipline and lack of insight is a foolish act. Society is left buying the diapers and formula and helping the exhausted young mother survive her day job and come home to night feedings.

In other words, all the hard duties of childcare are foisted upon those who didn’t ask for them, who may be tired from raising their own legitimate offspring, a hard enough job with two parents committed and working on the children’s behalf.

Social services are stretched hard enough when emergencies, accidents, death or desertion of the male parent leave women and children stranded and abandoned in financial straits.

To jump over this cliff by choice or lack of foresight is foolish of a woman who knows a child needs two devoted parents. It’s self-absorbed, pleasure loving behavior with refusal to delay gratification.

It is selfish to the community.

Governments have to chase down these fathers for non-support of their own children.

Taxpayers and others who had no joy of the sex act or the union however brief it was, are forced for decades by welfare agencies (and basic compassion) to fork out child support dollars for strangers, rather than see the infant starve.

The child of these hasty and ill-fated unions already may face for a lifetime the hardship of feeling unwanted by his father. He or she may suffer embarrassment at his mom’s unwise youthful choices that were predicated on her lack of logic or poor self-control and willful betrayal of her children’s best future for one of difficulty and poverty.

Where is the love? It was love for self, not others.

An aside: Thank goodness God in heaven does love us all, no matter what our parents made a mess of. All can be resolved in peace and love, but the path of natural life will be much tougher and more limited when the child will not learn problem solving skills from two parents of the opposite sex nor have the benefit of the greater security. “Two are better than one, for they have more reward for their labor.”

6. Precisely WHO Are Today’s Feminists?

There are many forms of feminism. Oddly Ms. Basile is determined to argue for the imparting of partiality and favoritism to a woman who has been found to have killed another woman using two males as proxies. Ms. Basile’s biased view is based on Amanda Knox being wrongfully condemned because Basile thinks she is attractive and sexually free.

But this never happened. There was hard proof against her in DNA in three rooms and a corridor in the house and on a knife handle and upper blade..

Where are all the feminists? Those who have their facts right are allowing justice to take its course, that’s where. Justice is blind, and does not favor the pretty over the ugly or the rich over the poor. Yet all these things may be factors in the cause of any crime.

There are as many flavors of feminist as there are ideologies in the world. Consider this list.

  • Liberal feminism

  • Radical feminism

  • Conservative feminism

  • Ecofeminists

  • Separatist feminism

  • Materialist feminism

  • Socialist feminism

  • Marxist feminism

  • Anarcha-feminists

  • Feminist punk movement

  • Feminism as a social construction

  • Lipstick feminism

There are dozens and dozens.  There are Christian feminists (I am one). All are equal before God, Mary is the mother of the Church, she was allowed to usher in the Savior of mankind. God uses women to restore what women through Eve lost.

Look at Meredith’s heel being exposed under the duvet. (see Genesis 3:15 prophecy from God that the seed of the woman would crush Satan’s head, but Satan would bruise his heel.)

Meredith was even worried she’d packed no socks when she first came to Perugia, and she told friends she hoped her dad would bring some, revealing concern about uncovered feet. .

There are the early feminist suffragettes who worked for women’s right to vote and birth control.  The second wave campaigned for legal and social and political equality for women. Equal work for equal pay. The second wave feminists declared, “The personal is political”.

The second wave in about 30 years splintered off into various feminist camps divided on the issues of pornography *is it exploitative of women or a celebration of sexuality?, male equality versus misandry, homosexuality, the racial issues of women of color, the cultural (some Islamic, some Jewish, some WASP, etc.) women in developed countries versus poverty stricken nations.

Feminism is not a monolithic entity. Arguments abound whether we’re now living in a postfeminist society, whether gender equality has been achieved.

Then there’s third wave feminism.

7. Feminism In The Case Of Meredith’s Murder

The truth of whether a person committed a crime rises above all of these feminist ideologies. All of them. It is not a traditional role problem, it is a problem of no respect for Meredith’s particular life.

If she had been male, the bullies would not have dared.

So it was her femaleness that made her a target. Ironically her vulnerability was caused by another female’s envy and anger management issues and extremely irresponsible lifestyle.

Knox is a very misguided cause for smart feminists.


How Bob Woffinden, Aggrandizing Investigative Journalist, Attempts To Perpetrate Innocence Fraud

Posted by The Machine



Said to be Bob Woffinden - as a pop music reporter, some years ago

Added in 2018. Bob Woffinden died on 1 May. He never reversed his false claims about Guede. His website was later taken down.

1. Woffinden and innocence fraud

These days innocence fraud is a very real thing.

A stern warning was issued to crime laboratory administrators that some post-conviction exonerations may have been secured by innocence activists using malicious tactics, or ‘innocence fraud’, creating potential public safety threats as convicted felons are released from prison.

In this post, I will analyse another example of innocence fraud, this time by British journalist Bob Woffinden on Meredith’s case. Woffinden has done this on other cases before.

He specialises in alleged miscarriages of justice, and has written articles for The Guardian, The Daily Mail and The New Statesman and authored a number a books about high-profile murder cases: Miscarriages of Justice; Hanratty: The Final Verdict and The Murder of Billy-Jo.

Woffinden’s default position when it comes to controversial murder cases seems to be to assume a miscarriage of justice, and to claim someone has been convicted of a crime they didn’t commit.

He’s claimed that James Hanratty, Jeremy Bamber, Barry George, Sion Jenkins and Jonathan King are all innocent. Reflexively anti-police, Woffinden as I described in the post linked to above on the James Hanratty case has a history of putting victims’ families through considerable pain.

2. Woffinden On Meredith’s case

Here he tries to prove that Rudy Guede is innocent of murder, and falsely claims he was convicted because he was black. He also tries to cast doubt on the hard fact that Meredith was sexually assaulted - or that the police got anything right.

Anyone who has read the official court documents and court testimonies with regard to the Meredith Kercher case will be able to assess Bob Woffinden’s professionalism and credibility and ethics as an investigative journalist article by reading his contorted take.

To those who really do know the case, it is immediately apparent that he’s pretty ignorant of the main facts, and that he hasn’t bothered to read the official court documents or the court testimonies available in English here.

He mindlessly repeats various endemic Friends of Amanda PR myths. For example, he erroneously claims the prosecutors concocted the scenario of a sex orgy gone wrong.

“The second mistake then ensued from the first. Needing to explain the presence of their three suspects in connection with the supposed sexual assault ““ and knowing there was absolutely no evidence to link Guede with Knox and Sollecito ““ they [the prosecutors] concocted the absurd scenario of a sex orgy gone wrong.”

Dr Mignini didn’t ever say anything about there being a sex orgy that went wrong when he presented his scenario to the court at the trial in 2009 and the numerous hearings (which Woffinden seems totally unaware of) in the 15 months before.

Instead he gave the court a detailed chronological account briefly summarized below of a vicious physical and sexual assault on Meredith, which culminated in her dying some time after the killers left and locked her in.

23:21: Amanda and Raffaele go into the bedroom while Rudy goes to the bathroom.

23:25: A scuffle begins between Amanda, helped by Raffaele, and Meredith. The English girl is taken by the neck, then banged against a cupboard, as shown by wounds to the skull. She resists all this. Rudy Guede enters.

23:30: Meredith falls to the floor. The three try to undress her to overcome her; they only manage to take off her trousers. The girl manages to get up, she struggles. At this point, the two knives emerge from the pockets of Amanda and Raffaele: one with a blade of four to five centimetres, the other, however, a big kitchen knife. Meredith tries to fend off the blades with her right hand. She is wounded.

23:35: The assault continues. Sollecito tries to rip off the English girl’s bra.

23:40: Meredith is on her knees, threatened by Amanda with the knife while Rudy holds her with one hand and with the other hand carries out an assault on her vagina. There is first a knife blow on her face, then straight away another. However, these blows are not effective. The three become more violent. With the smaller knife, Sollecito strikes a blow: the blade penetrates 4 centimetres into the neck.

There is a harrowing cry, which some witnesses will talk about. Amanda decides to silence her, still according to the video brought to court by the prosecutors, and strikes a blow to the throat with the kitchen knife: it will be the fatal wound. Meredith collapses on the floor.

23:45: Meredith is helped up by Rudy and is coughing up blood. The English girl, dying, is dragged along so that she can continue to be undressed.

Why is Woffinden unable to substantiate his claim that the prosecutors concocted the scenario of a sex orgy gone wrong with a verbatim quote from Mignini or Comodi?

Because they never claimed this at all. A competent and ethical professional journalist should be able to support every claim they make.

Woffinden regurgitates another popular PR myth by claiming that Rudy Guede pleaded guilty late in 2008.

“Even as he [Rudy Guede] pleaded guilty, he vehemently asserted his innocence, saying, “˜I can’t talk about things I haven’t seen and that didn’t happen to me’.”

Rudy Guede has never pleaded guilty or confessed to Meredith’s murder. He has always denied killing Meredith. He opted for a fast-track trial in mid 2008 because he could escape a blatant attempt to frame him as sole perpetrator by the Knox and Sollecito defense.

It meant he would automatically received a third off his prison sentence but at the time he had no idea what that would look like.

Bob Woffinden gets yet another fact wrong when he claims the Hellmann appeal court sanctioned a full review of the scientific evidence.

“...the Italian court sanctioned a full review of the scientific evidence on which they had been convicted.”

It did nothing of the kind. Hellmann merely asked Carla Vechiotti and Stefano Conti to review two pieces of DNA evidence - the knife and bra clasp evidence.

They didn’t review the bloody footprint on the bathmat, the bare bloody footprints which had been revealed by Luminol, or the five samples of Knox’s DNA or the blood mixed with Meredith’s blood in three different locations in the cottage.

Yet another wrong “fact”. Bob Woffinden claims that a police officer flushed away Rudy Guede’s faeces and thus destroyed evidence.

“His recollection that he had leapt up from the toilet seat the instant he heard the scream was bizarrely corroborated by the fact that there were faeces still in the pan when the police arrived. Needless to say, one officer activated the toilet, thereby flushing away important evidence.”

Needless to say? In fact this claim is complete and utter nonsense. The faeces in the toilet wasn’t flushed away. It was carefully collected as evidence and tested. However, it didn’t yield any results.

“The faeces present in the toilet of that bathroom did not, however, yield any results, and Dr Stefanoni, the biologist of the Scientific Police, explained that the presence of numerous bacteria easily destroys what DNA might be found in faeces.” (The Massei report, page 43).

Why would Woffinden make these and other demonstrably untrue claims? It seems obvious that he wants to portray the Italian National Scientific Police (much respected by the FBI) as the Keystone Cops, in order to ridicule the forensic investigation, seemingly his purpose here.

Woffinden makes yet another false claim by stating that Guede made only one inconsistent statement.

“Guede’s solitary inconsistency was this. He did comment at the outset of the investigation that “˜Amanda doesn’t have anything to do with it’. But, at that stage, perhaps he couldn’t believe that she did have.”

Judge Micheli, who found Rudy Guede guilty of sexual assault and murder in October 2008, pointed out in his sentencing report of January 2009 that Guede’s accounts were unreliable and varied a lot.

“Analyzing the narratives of the accused”¦he is not credible, as I will explain, because his version is (1) unreliable, and (2) continuously varying, whether on basic points or in minor details and outline.”

Bob Woffinden also seems to be pushing the wrong notion that Rudy Guede didn’t implicate Amanda Knox until much later - which is another FOA PR myth.

Guede first implicated Amanda Knox and Raffaele Sollecito whilst on the run in Germany on 19 November 2007 in an intercepted Skype conversation with his friend Giacomo Benedetti:

Giacomo: “So they [Knox and Sollecito] killed her while she was dressed.”

Guede: “Yes, here it says that they [clothes] were washed in the washing machine, but that’s not true. She was dressed.”

Bob Woffinden makes the erroneous and offensive claim that there’s no evidence that Meredith was sexually assaulted,

“In their investigation, prosecutors made a series of blunders. The first serious mistake was their assumption that Meredith was sexually assaulted. If one takes cognisance of Guede’s account, there is no evidence of this. The second mistake then ensued from the first. Needing to explain the presence of their three suspects in connection with the supposed sexual assault ““ and knowing there was absolutely no evidence to link Guede with Knox and Sollecito ““ they concocted the absurd scenario of a sex orgy gone wrong.”

Had Bob Woffinden actually bothered to read the key Massei trial report, he would have known that several medical experts - Dr Lalli, Professor Marchionni, Professor Bacci and Professor Gianaristide Norelli - testified that there were indications of sexual violence on Meredith.

Such conclusions were further explained [by Dr Lalli] at the hearing of April 3, 2009, in which it was highlighted that signs were present of sexual activity with characteristics of non cooperation by the young woman, which can be derived from the lesion pattern at the vulvo vaginal level (page 40 of transcripts).

[111] These signs were present in the purple ecchymotic type spots detected on the inner surface of the labia minora, the area where they are usually produced. It is the first point of contact for the sex organ or object including fingers penetrating the vagina and therefore the point at which an action ... performed without the full cooperation of both actors would produce purplish spots of this kind. (The Massei report, page 116).

He [Professor Marchionni] noted in this regard that, even without lubrication injuries of this nature are not the result of consensual sexual intercourse, and he argued that the cause of these lesions had originated from a “forcing” that could have been done by the penis or by hands (page 21, hearing on April 4, 2009). (The Massei report, page 117.)

With regard to sexual violence, he [Professor Bacci] referred to the inspection of the genital area conducted by Dr. Lalli at the morgue operating room. On the internal surface of the labia minora, attention was focused on areas of discolouration, which can be interpreted as small bruises, small abrasions associated with small haemorrhages indicative of “small lesions” (page 16, transcripts) consistent with a violent action of friction, pressure an typical of sexual violence and, while affirming the absence glaring signs of typical sexual violence (page 16, transcripts) he concluded compatibility with non-consensual sexual intercourse’ (page 16, hearing, hearing on April 18, 2009). (The Massei report, page 121.)

He [Gianaristide Norelli] further underlined the presence of a slight bilateral suffusion in the area of the iliac spines, i.e. in the areas corresponding to the anterior lateral part of the flank, which represent the end/terminal parts of the wings of the [pelvic] basin and the fact that “lesions in this area are fairly characteristic of seizure [grasping] and immobilisation”; [it is] an area which is “˜highly suggestive’ in the context of the investigation of sexual assault. (The Massei report, page 124).

It should be stressed that the the doctor who actually performed the autopsy - Dr Lalli - believed Meredith had been sexually assaulted.

“The prosecution focused on Lalli’s statements that he believed there had been non-consensual sex.” (Andrea Vogt, The Seattle Post-Intelligencer, 2 April 2009).

You need just an ounce of common sense to know that murder victims who were also raped or sexually assaulted didn’t consent. The Kerchers’ lawyer Dr Maresca made this very point:

“Sex that ends with someone dead is not consensual.”

Dr Maresca also highlighted the fact several medical experts said there were signs of sexual violence in court. Dr Maresca told the court that the expert witnesses

“sustained the prior results and valuations of the coroner who performed the autopsy and the forensic evidence specialists who already testified”. He added: “And for the first time today, we also heard that the bruises on the victim’s hips were consistent with a sexually violent approach.”

Unbelievably, Bob Woffinden regards Rudy Guede as a reliable and credible witness.

I’m surprised anyone would believe Guede’s ever-changing versions of events when they are so blatantly untrue. Guede gave two different accounts of arranging a date with Meredith and they’re both demonstrably false.

Meredith didn’t go to the Halloween party at the Spanish students’ house on 31 October 2007.

Guede then changed his story and claimed that he had met her at Domus, but Meredith was with her friends continuously and none of them saw her with him. None of Guede’s friends saw him with her either.

“He [Rudy Guede] stated that he met the girl on Oct. 31 in the house of some Spanish students and did not meet her later in the “Domus” pub, that the next day, shortly before going to the date with Meredith…

In the third interrogation, by the P.M. [public prosecutor] on March 26, 2008, he changed the place of his meeting with Kercher on Oct. 31 from the Spanish students’ house to the Domus pub” (Judge Giordano’s Supreme Court report, page 17).

“...and also because none of Meredith’s friends (Amy Frost, Robyn Butterworth and [10] Sophie Purton, with whom she had gone out on the evening of Halloween, Oct. 31, 2007) nor any of Guede’s friends (among others AC and PM) had ever seen them talk to each other.” (Judge Giordano’s sentencing report, page 10).

Meredith had NOT arranged a date with Guede at the cottage on Via della Pergola on 1 November 2007. She and Sophie Purton left their friends early that evening because they mistakenly believed they had lectures the next day.

“They [Meredith Kercher and Sophie Purton] were to meet on the morning of the second at around 10:00 am for a lecture at the university…:” (The Massei report, page 35).

“Meredith was tired from the day before when she had come home about five in the morning; the next day she supposed that she had a lesson at the University at 10 am and she needed to prepare for this and she had to also think about resting” (The Massei report, page 58).

Judge Massei explained at length in his report why Rudy Guede’s claims he had a date with Meredith were not credible.

“Speaking of Meredith, there has already been occasion to make mention of her personality (serious, not superficial, with a strong character), of her romantic situation [i.e. her love life] (she had not long beforehand begun a relationship with Giacomo Silenzi), of the plans she had for that evening (studying, preparing for the following day believing that there would be classes at the University, finishing a piece of homework, as her mother recalled during the hearing of 6 June 2009, and resting).

None of the people she frequented and in whom she confided (her relatives and her English girlfriends) testified that Meredith had made any mention to them at all of Rudy, for whom, therefore, she must not have felt any interest. With regard to the totality of these circumstances, it must be considered that Meredith could only have made an outright refusal to Rudy’s advances” (The Massei report, pages 365-366).

In rejecting Guede’s final appeal Judge Giordano succinctly summarised the reasons why he was found guilty of sexual assault and murder in his Supreme Court report. It had nothing to do with the colour of his skin.

“The judgement rationale thus proceeds through rigorous logical steps, quite consistently, with no possibility of misinterpreting evidence, distorting significant data, or disruption of the overall probative reasoning. Meredith Kercher, before being slaughtered with the deadly blow at her throat, was the victim of a series of wounds, of forced restraining of her limbs, especially the left hand and arm - and on the cuff of the left sleeve of the sweatshirt she wore clear traces of DNA of the defendant are found ““ aimed at overcoming her resistance to sexual violence, of which the traces of DNA of Guede of the vaginal swabs are evidence, which then led to the violent behaviour of the deadly slaughtering.

The version of the accused is totally unrealistic because, even apart from the obvious omissions and contradictions detectable in his many statements, his previous acquaintance of Meredith, shaped in his story by a meeting on the night before the murder at the Domus pub, by a kiss between the two and by a date for the evening of the following day, is clearly disproved by a whole articulated testimonial structure, [19] coming from several people and indicating that: the two did not meet at the Domus (indicated by the testimonies of all the friends who were accompanying Meredith), even less did they converse, even briefly, at the Shamrock pub during the match between England and South Africa broadcasted the day before (indicated by the testimonies of AC, PM and F), and Kercher never confided anything, as would have been natural, to her friends about a date with Guede, not even on the afternoon of Nov. 1, as she had done in other occasions about details of her personal and love life (indicated by the testimonies of Robin Carmel Butterworth, Sophie Purton).

This is consistent with the portrait of Meredith’s character; she avoided sexual relations with other men apart from Giacomo Silenzi with whom she had begun a relationship that she absolutely did not mean to betray, as stated by her friends, especially not for unimportant adventures.” (Judge Giordano’s Supreme Court report, pages 17-18).

Some conclusions

Bob Woffinden has made a name for himself by publicly championing the causes of convicted killers and sex offenders. Mainstream media organisations such as The Guardian, The Daily Mail and The New Statesman have given him a certain degree of credibilty and respectabilty by publishing his articles. Many people will trust him and assume that he’s a reliable and trustworthy journalist.

However, their trust is misplaced. His lack of due diligence with regard to his article about Rudy Guede and the Meredith Kercher case is disturbing and unacceptable. He doesn’t get the basics of journalism right - which is astonishing for someone who has worked as a journalist for decades. He gets basic facts wrong and he has made numerous demonstrably false claims.

A professional journalist should be able to substantiate every claim they make. Bob Woffinden is unable to do this because he has relied on some of the numerous factually inaccurate articles and the massive defense and PR spin about the case instead of the official court documents and court testimonies.

It defies belief that he accepts Rudy Guede’s fairy tale version of events. You don’t expect such childlike naivety from an adult let alone an investigative journalist. He’s obviously blissfully ignorant of the fact that Guede gave contradictory and confllcting accounts.

It seems he has a deep-rooted psychological need to believe in innocence and police malfeasance, which completely clouds his judgement to the point where he blindly supports and campaigns on behalf of people who are blatantly guilty of sexual assault and murder like James Hanratty and Rudy Guede.

If there’s a more sloppy and self-serving journalist in the world, I haven’t come across them yet.


CNN’s Jane Velez Mitchell Has A Nervous Sollecito And Then TWO Guests Who Think He Did It

Posted by Peter Quennell



A lively debate! CNN Headline News tonight around 7:30. No “I wuz beaten up by meanie policemen” claims this time by Sollecito.

Mistakes were made by all the speakers, but super-lawyer Wendy Murphy and the crime blogger Levi Page gave the case for guilt their best shot. Even the third commentator thinks the timing of the book is insane.

Wendy Murphy didnt know about the Meredith book, but it was published only in England and transgressed no Italian law. She did vigorously get across just how much evidence there is, and not for the first time. See her tough article here and tough interview here where she assesses Knox as dangerous.

Jane, Mignini is NOT in a ton of trouble and never was. No satanism, repeat, no satanism. Your senior CNN colleague Nancy Grace believed Knox did it. Your CNN colleague Drew Griffen set Mignini up. See here and also here.

There were no leaks - at least not by Mignini. He never leaks. There were no tabloids, at least not in Italy. The only 2-3 were in the UK, and they affected no jury. There was no invented Foxy Knoxy - that was her own Internet presence.

Sollecito couldnt get his story out? But he maintained a code of total silence for four years - could THAT have been the problem? And Sollecito did NOT support Amanda’s alibi - he sold her down the river in a heartbeat when a policeman looked at him funny (kidding - just a little).

And what’s with your squealing, Jane?! He isnt THAT adorable. Not if you are at the wrong end of a knife.


Dear Ken Jautz Of CNN: Full CNN Interview With Mignini That CNN SHOULD Have Reflected #3

Posted by Skeptical Bystander


The previous post is here.

CNN’s report is downloadable here. The first hour is here and the second hour here..  Our translators were PMF posters Clander, Yummi, Jools, Thoughtful, TomM and Catnip.

0’28’’ CNN: you certainly made no secret about intimidating Preston and Mario Spezi

0’49’’ Mignini: Well, I do not understand what intimidation. So, well look. For starters, this proceeding near Florence has nothing to do with this issue. So this is a non-issue. So, as for Mario Spezi, and I’ll come to Preston later, Mario Spezi was subjected to an investigation that, in relation to this matter is not closed yet since it is still pending, and following [in relazione a] this investigation, a precautionary measure was requested, which the investigating judge granted. Then the re-examination Court [Tribunale del Riesame] instead reversed the decision. While, in Amanda’s case, [the precautionary measure] was confirmed. As you can see, in Spezi’s case, the re-examination Court [Tribunale del Riesame] canceled the precautionary measure on grounds of default. In the Court’s view, there were not enough serious indications of guilt on the subjective aspect [of the crime].There were [indications of guilt] on the objective aspect of the crime of calunnia [false accusation], the crime for which he was being prosecuted. On the subjective aspect, i.e. the bad faith, there were not. And thus the court, the re-examination Court, reversed this measure.

But during the investigation, even before a measure against Spezi had been requested, a relationship between this writer, Douglas Preston, and Mario Spezi had emerged. And Preston, a writer, was summoned as a “person informed about the facts”, I do not remember, I think it was February 2006. And he was, just like many other people “informed about the facts”, he was interrogated by me. During the interrogation, this time he was questioned by me as if he were, let’s say, a witness, during the examination as a person informed about the facts, evidence of guilt emerged against Preston. And, in particular, Preston’s answers were not consistent. They appeared to me, in that moment, they did not appear to be true. So at that point I stopped the examination. Look, the examination lasted approximately twenty minutes, not more. I met Preston only on that occasion. About twenty minutes ... I told him: “I must suspend this examination.” Just like the Police did with Amanda, always according to art. 63. “I must suspend your hearing because evidence of guilt has emerged in relation to the crime under art. 371 bis of the Penal Code”. Now, pay close attention to this [missing words]. “And thus you must appoint a lawyer”.

He signed. Present in my office, which was not the one you saw this morning but it was another one, also on that floor, were my assistant, the clerk, Dr. Daniela Severi, there was the captain of the Carabinieri, Antonio Morra, there was a police [woman] officer from Florence, and I think there was a magistrate in training that I think was training with me, I do not remember this now. However, there was the captain, a police officer and the clerk. He signed [the statement]. I accompanied him to the door and to try to explain to him, he had told me that he spoke Italian but, in my opinion, but he did not [missing word] Italian. He believed he could speak Italian but he did not fully understand this procedural aspect. I told him, I remember we were by the door, “you must now appoint an attorney. This process that I am now opening against you for making false statements to the prosecutor, Article 371-bis, will remain suspended by the law, because the law provides that this offense, if one makes false statements to the prosecutor in a criminal case, this process that has been opened for false declarations will remain suspended until the main proceeding in which these statements were made is defined”. He did not understand this detail and he, I was really surprised and amazed by this fact, he thought that I was encouraging him, and he then said that I had encouraged him to flee, that I would arrest him. I never said such a thing because this charge does not provide for arrest. And that’s all.

Then I followed what he said throughout this matter which is completely [..missing word.. ] .. completely misrepresenting what happened, and then I dismissed the case because there was no… I decided to terminate the proceeding and there was nothing else. It’s all there, the Preston matter ends there.

07’37’’ CNN: I interviewed Preston and, according to him, this is not true. He said the interrogation lasted two hours. And (reading what Preston said): “I started to sweat, the prosecutor began to ask again the same questions, worded in a different way” he insisted with his secretary for [having her] repeat what he had said, which is the truth? “I started to feel that I was looking like a liar by the way my voice was trembling”. He had to write a statement in Italian, he had to do it several times because the person who was writing it did not understand well. Is he lying?

09’20’‘Mignini: Well, you have listened to Preston, I had the assistants, I did not think to bring them with me, but they can tell you everything. I do not remember now how long the interview was, I think about twenty minutes, perhaps half an hour, perhaps, perhaps, I do not know, an hour or so, I do not know, I have to look at the record.

However, what is certain is that when you make a statement, a few things are asked and the person must tell the truth and I challenged some of the things he said. I do not remember now in detail because it is of no [word missing], I have had other things to deal with [and] I do not even remember it. I challenged some of the things he said, I remember that I made him listen to a few phone calls that had been intercepted, phone calls in which he was speaking with Spezi, and what he was saying was not credible, it did not seem to be credible to me. I put it on record, because I had to dictate the statement to the assistant, who wrote the statement, and Mr. Preston signed [it] and he therefore recognized the validity of the statement, because he signed it, he did not refuse to sign it. Therefore an interrogation was made and a few statements were challenged.

The person, Preston, made a few statements that were not [missing word], that did not appear to be at all credible to me. I made him listen to, to prove that according to me he was not telling the truth, a few intercepted phone calls and I do not recall seeing him particularly [missing word]. Then if he was in a state of mind that a person is in when interrogated by a magistrate, if he felt troubled, I do not know. If that were to be the case, I am sorry but I’m afraid that it is like this in my line of work. Interrogations are made, one must hear [missing word], the person must tell the truth. And if [a person] does not tell the truth then objections must be raised. What is clear is that I challenged these facts, we put [everything] on record. Others were present: the assistant, the clerk, the Carabinieri captain, the police woman, therefore there is no point in discussing this, there is nothing more than what has emerged, than what came out in the statement. Preston signed the statement.

12’02’’ Then, the thing that struck me is that I subsequently received a few requests asking me, and I read this on a few Internet websites as well, if certain statements had been made. I really do not wish to comment on those statements because I do not wish to get into an argument here. I would like to try to explain that, if he had come back, because he had to flee because he would have been arrested if he had come back to Italy: this is a pure fiction, a total fabrication, non-existent. Furthermore, I dismissed his case and therefore I do not see how [missing words]. While the other proceedings, the proceedings against Spezi, are still pending.

13’00’’ This is the situation, I remember that I [missing words], subsequently he [Preston?] even asked me for an interview, to which I, to this request, did not respond.


14’16’’ CNN: it sounds very similar to what Amanda Knox described.

14’22’’ Mignini: It is completely different because I interrogated Preston [while] Amanda was interrogated by the Police. In Amanda’s case, her interrogation was halted by the Police. In Preston’s case, his interrogation was stopped by me. Preston was not arrested, Amanda was [arrested]. The two things are completely different. They have absolutely nothing in common apart from the fact that I was the prosecutor in both cases. But this is all. Just like in many other proceedings. There is not the slightest element in common.

15’23’’ CNN: you have just said that your job is to make sure that a witness tells the truth but at the same time you did not verify what was said by the homeless man and by the two neighbors”¦

Mignini: A person tells me that he saw her, he tells me that he saw what they did, he tells me the times, and he tells me things that no one has denied. If Mrs. Capezzali, Capezzali I think, relates what she heard and the thing is confirmed by another witness who lived below her and no one denies this. And that’s not all”¦ there are two Calabrian girls who lived in [missing words], almost where the metal staircase ended, the one that was presumably used by one of the young people. These two girls as well say that they heard running. Therefore, there is the scream, heard by two people, the repeated footsteps that were heard, the scream and the footsteps that were heard by Capezzali and by these two Calabrian girls.

Whereas in Preston’s case there were the telephone calls that contradicted his statements. In that moment I had the telephone calls and if someone says something [missing words], this is contradicted by these telephone calls. I do not remember now in detail because I did not, I do not remember in detail these aspects but they were documented. In that case, I therefore had the elements to say: “you are telling me things which are not true”. In the other case, there were never any [contradictory elements]. The homeless man, the two Calabrian girls, Mrs. Capezzali and the teacher Monacchia were heard, they were subject to examination and cross-examination and they confirmed everything. This means that their statements became evidence, witness evidence. Whereas Preston made those statements that were contradicted by the intercepted telephone calls and I challenged those statements. It emerged immediately there, I objected, it’s very clear. There is no [missing word].

18’41’’ CNN: In your opinion, do you believe that Narducci was involved in the Monster of Florence murders?

18’50’’ Mignini: This matter was the subject of a criminal proceeding, proceeding number 1845 0821, which was dismissed, for those were investigated, due to lack of evidence [formula dubitativa] in the case of the murder and due to the statute of limitations for the other crimes. This means that the crimes had been committed, they had been attributed to certain people but too much time had gone by and the offences had become statute-barred. In this proceeding, the GIP fully sustained the Prosecutor’s (that was me) request, which was: the three fundamental points were that Narducci had been murdered because the autopsy that was performed demonstrated that there was a fracture of the left superior cornu of the thyroid cartilage which cannot be caused by accidental impacts but it can only be caused by a restricted, localized and increasing pressure because it is [in] a protected location and the medical examiner determined the cause of death to be strangulation; the GIP acknowledged that the body pulled out of the water, which had been officially established as being that of Narducci, was not Narducci after all; and that Narducci was involved, the GIP said, in the case of the double homicide murders of the couples. This order was appealed by Narducci’s relatives, not by his wife but by his relatives. However the Supreme Court of Cassation rejected the appeal as inadmissible. Therefore, the matter is now closed at this point.

20’48’’ CNN: Yes, but the question is if you think”¦

20’50’’ Mignini: It is what I maintained. I maintained it and the GIP acknowledged it. He accepted these aspects. Then, regarding the whole matter, since there is another pending proceeding, it will not add anything more. I will only say that this aspect was the subject of a proceeding in which I maintained these things and the GIP acknowledged them. He accepted the whole accusatorial framework [impianto accusatorio].

21’55’’ CNN: The body in the lake was not Narducci’s?

22’00’’ Mignini: let me explain. The coroner who performed the autopsy is Prof. Giovanni Pierucci of the University of Pavia, head of the Forensic Medicine department at the University of Pavia, and other consultants, among them Brigadier General Luciano Garofano, who determined, from different points of view, the following things: the corpse that was pulled out of the lake on October 13, 1985, was that of a person who was almost bald, size 60, which means that it was in a state of bloating decomposition, was wearing specific clothing and was in such a state that the coroner, before he opened the coffin, thought he would be in the presence of a corpse that could no longer be effectively examined. Conversely, once he opened the coffin, he found Narducci’s body, with thick hair and it was wearing size 48/small belted pants. Around the waist the body was in excellent cadaver condition. In particular, the encephalon did not contain any diatoms which would have been present in a drowning case.

Therefore, the consultant who performed the autopsy stated that this situation, the dimensions of the corpse, the different clothing and the different state of cadaver preservation, indicated that the correspondence between the corpse that had been at the time recovered from the lake, as described by witnesses, and Narducci’s body was at best uncertain. To further ascertain whether or not the body recovered from the lake was Narducci’s, an anthropometric examination was conducted by a Pavia Forensic Medicine assistant, Dr. Cristina Carlesi, and then by the Parma RIS Commander, General Garofano, at that time a colonel. [The examination] confirmed that the corpse [recovered from the lake] had dimensional characteristics that made it incompatible with Narducci’s body examined [rinvenuto] during the autopsy. These aspects have been subject to multiple tests.


25’39’’ CNN: Dr. Mignini, do you like a good conspiracy theory?

25’42’’ Mignini: AHA! Here comes the conspiracy”¦ Listen, there is no conspiracy here, I do not know what that means. A size 60 person does not fit in a pair of size 48/small pants. There is no conspiracy here!

26’08’’ Mignini: There is not a conspiracy. This is reality. Fairy tales are another matter but this is reality. The reality is that one must examine the reality. Unfortunately, the reality is that when I started these investigations, which are different from the ones we discussed now, I did not have, I said: “let’s see what there is”. And the medical examiner told me these things. A corpse that has been under water for five days and that is in an advanced state of decomposition is in the emphysematous phase when it surfaces again which means that there is also abdominal bloating and a pair of size 48 pants cannot fit. And this one had hair, the other one did not. The point is that [missing words] if one drowns, you have diatoms but this one did not have any. And then there is the matter of the hyoid bone fracture”¦ This is not a conspiracy. I do not know what you mean by conspiracy.

27’16’’ CNN: Or rather a very imaginative reconstruction, one says, sorry, let me be clearer: in English one uses a lot [missing words]

27’31’’ Mignini: Look, there would have been a conspiracy if I had led with this idea. But I did not start off with this idea. I took note of, I always say this, take note of what is reality, of what can be touched, of what can be seen. That is, I cannot make up reality. If reality tells me that that person is wearing a pair of size 48 pants and it is preserved in perfect condition, eh! Forensics tell us that there is something that does not make sense.

0’11” Mignini: Pardon, if I might add, it’s the exact opposite of what he said. It is exactly because I take notice of the outcomes, I don’t have a predetermined idea. And so I take notice of what is there. And so if they say, “˜Look, that can’t be so’, his wife tells me, “˜he was wearing other clothes when I saw him leave for the last time. I’ve never seen these clothes before that I can see here in the photo of the recovered body’. Ah, so there is no conspiracy, it’s reality and it needs to be taken note of.

1’03” CNN: You’ve never said that Meredith’s death was a satanic rite?

1’08” Mignini: I have never said that. I have never understood who has and continues to say that. I read, there was a reporter, ““ I don’t know his name, I mention it because I noticed it, ““ who continues to repeat this claim that, perhaps, knowing full well that it’s not like that. I have never said that there might have been a satanic rite. I’ve never said it, so I would like to know who made it up. This is a conspiracy, a fantasy, to my detriment though, to my detriment. Simply a sexual act. And maybe I have always said, I maintained this in the first-instance trial, there was a relationship which deteriorated between the two girls. I’ve always maintained that. I’ll tell you this because”¦

2’54” CNN: The discussion of the news that came out yesterday, of the non-DNA that they found on the knife”¦

3’03” Mignini: Well, then I’ve said that I would prefer not to speak about the current phase of the case. Although I’ll tell you this, that when the tests were carried out by Forensics at the time, Forensics used, with cross-checking of the parties involved, all the genetic material present on the knife and the [bra-]clasp. That is, on the clasp there was a lot of it, so a part of it was used, but on the knife all the material that was there was used. It was an unrepeatable test, that exactly why it was unrepeatable [was] because all the material was used, because, taking all of it, a more reliable finding could be made, unable to be repeated. And so it came to be done with cross-checking of the parties involved. If this material was collected up three and a half years ago, what could have remained of this material? Nothing. The material on the clasp turned out then, I believe, to have deteriorated due to the presence of rust. And the rust could not have been prevented because, if one uses an anti-rust product, it would have burned the genetic material that remained. So I, I won’t enter into the merits of this discussion although, the test that was done at the time, was a definitive test, unrepeatable. The Court ruled that it was admissible to try and see if there was the possibility, to see if there were some material, some portion of material remaining. Probably there’s none left because it was used to do the tests at the time. That’s it. So it’s quite simple.


5’48’’ Help me to understand how is it possible that there was none found (DNA) in the room?

5’57’’ Mignini: How is it possible? It is possible, to begin with on the knife. The knife was in the room, means it was used. If the knife is the murder weapon, the knife was in the room. If that genetic material [is] like Dr. Stefanoni said, the genetic material of the victim on the blade and that of Amanda on the handle was in the room. The bra clasp contains the genetic material of Sollecito, and it was in the room. It was moved by one meter, because police can’t…. this can happen when there are so many items in these checks, but the bra clasp was in the room. There was genetic material of Sollecito there, of Rudy, and of the victim. So it is not true that there was no genetic material in the room, there was genetic material belonging to Sollecito, for example. And then if the knife is the murder weapon, as we found in the investigation process, the knife was on the scene of crime.

7’04’‘And then, anyway at one meter [distant] from the scene of the crime, in the corridor and in the small bathroom, there was: the mixed blood of Amanda… how is that possible? And so now I put the question to you, I return the question: how is it possible that there is mixed blood of Amanda, that mixed blood of Amanda and the victim was the small bathroom, which is very near, next to the murder room? That in the bathroom there is a footprint on the little mat dirty with blood, which is attributed to Sollecito? That in the corridor in front of the door of the crime room there are bloodied footprints attributed to Sollecito and Amanda? How is it possible to find these elements if they were not there? [That is a] question. I would like an answer from you but I’ll tell you.

Only a question ““ but I would like an answer to that ““ I ask you this:

08’52” Mignini: but that blood”¦., Amanda says that she did not see it on the night of the first; she saw it in the morning [of the 2nd] when she says she went into the room. How is it possible, if they stayed the night in Sollecito’s house, they spent the night in Sollecito’s house, that there can be mixed blood victim/Amanda in the little bathroom?

Sollecito’s blood-stained footprint on the bath mat? And the prints of Amanda and Sollecito in the corridor? Eh eh, we always come back to that?

09’42” Mignini: In any case, the law is not an exact science, as you can see, because it is capable of being appraised, the pieces of evidence are capable of being evaluated in various ways. The day there is a centralized computer, we will have fewer trials, we will feed the data into the computer and it will give an answer. Although it is clear that there are differing evaluations because the facts can be evaluated in different ways, the testifying, this happens in all trials.

10’40’’ CNN: is it possible for a prosecutor, who is facing problems on his own, to take this opportunity, of a so sensational case…

10’58’’ Mignini: I have not taken any opportunity, since that day I was [on duty] on my shift. We have a one-week long shift, so I have not taken this opportunity. I had been on duty since the previous Monday, and my shift would end on the following Monday, which was the 5th. I think, and since the crime was discovered on the 2nd it was me who had to intervene. Then if you tell me: how is it that there is a procedure of this type, in which there is an acquittal which I would like to be talked about, because, I notice, that nobody speaks about this acquittal. And instead the whole truth must be told, because [in] this procedure against us which, let me tell you the whole truth, this as a process is a bit strange, anyway there is an acquittal. A full acquittal of which no one has spoken. The conviction instead is temporary and is undergoing appeal.

Now, the Italian procedure provides that whenever there is a disciplinary proceeding against a magistrate, when disciplinary action would be, as in this case, merely related to a criminal proceeding, i.e., you have a criminal proceeding, there is automatically disciplinary procedure, the disciplinary procedure is suspended until the determination of the criminal proceeding. So, for one part there was a full acquittal, not “doubtful acquittal” [insufficient proof] but full, ascertained objectively. For another part there is an ongoing appeal, in which we have objected to the jurisdiction of the court of Florence. That is, the court of Florence shall not judge in this process because prosecutors in Florence were involved in the case in various ways. They could not deal with the proceeding in Florence because you can’t have a trial in your own home.

13’53’’ Mignini: after that I would like to add one more thing, if it helps. During the trial, I never [*avoided questioning], I have always undergone examination. That is, I said: ‘just put questions, I have no problem’. Because I have no problem about this case, I have done the investigations that were needed to be done. So, there was no attitude of intimidation, in the most absolute way, because, among other things, I explain to you, you can’t put pressure on a person by performing activities that will remain secret for that person, even a child understands this. Maybe my children [little girls], even the smaller ones would understand this. So I cannot intimidate a person if I try to put pressure on that person through an activity that the person knows nothing about; I am not intimidating anyone, you see, this thing is just unrealistic. Thus I never [*avoided] I have always undergone questioning and I have the utmost confidence in [*justice] because I always had the utmost confidence in the judiciary activity. I was always ready to undergo examination, I said ‘ask me what you want’, I have put all the acts at their disposal.

Those are investigations that require you to understand them, because they are complex investigations and a judicial authority that didn’t do these investigations won’t understand them. So much that I had a confirmation - now I won’t say much about this, I won’ explain in detail this aspect - I had a confirmation that, about this case that I dealt with, the magistrates who have dealt with did not grasp the range of it, and they assessed that these acts were acts unrelated to this case. I may add to this, since this is for the purpose of explaining the picture the Italian legal system [ .?. ]: ‘the crime of abuse of office’ [...] I’ve seen many times when they were explaining “convicted” [repeats “convict” in English] I think, of “abuse of power” [in English in text]. It is not abuse of power.

The “abuse of office” is a misdemeanor in Italy, that is, before the 1997 reform, it was a very indeterminate crime, and then one could even, giving a wrong interpretation, even configure a charge of this type. Today, in order to configure a charge of abuse of office, conditions are required such that the charge is unlikely to be configured because it requires a breach of the law in real time ... that is a law that has to be immediately “preceptive”, which means not a procedural violation, such as those that have been charged against me. This violation must have resulted in unjust harm as a direct result of that violation of the law. And the subject who committed the violation must have accomplished this action with willful malice. That is, they must have done it primarily in order to harm another person. But I cannot harm or intimidate someone by performing an activity that will remain unknown to the person. This I… it is just logic, not a matter of [ .?.]


18’16’’ CNN: Don’t you have even the slightest doubt that perhaps you accused two people who maybe are innocent?

18’32’’ Mignini: Look, I want to make you a [ .?. ], I want to be, I am very sincere, so, I’m very, very fair and very sincere when talking. I have the [.?. *certainty?], since I made some requests I had the absolute certainty that they were responsible. Thus, otherwise, if I had a doubt, this is my assessment, I would have asked for an acquittal with dubitative formula. I tell you another thing, though I was told this, I have not seen the movie, I do not know [if] this movie will be aired in Italy, about how is that one of the Life Time movie like… I was told that in that film the actor who plays me was smiling when Amanda was convicted. I was told that, I haven’t seen it, I don’t know if it’s true. Is it true, did you see it?

CNN: No.

Mignini: I was told that the actor smiles. I did not smile instead because it was a duty to make this request, but a judge who makes a request of conviction does not do it, let’s say, lightly, far from that. Because they are two young people whose families I can see and hence the suffering of these families. But I do it because it is my duty, I deemed to do it, so I did not have the slightest doubt. But it’s not true that I was happy. I mean that I was [not] like the actor that I was told about who smiles, because asking for the sentencing of two youths who could be my children, in short, is not something that makes you happy. This I would like to make it clear. That is I did it because I was sure, I did it but .... These are weighty matters. Because the judge who asks for a conviction does it with a, how to say it, a feeling of necessity It is a duty, but it’s not that one is happy about it. This is, I would like to make this clear. (...)

22’45’’ CNN: But at the same time, can you sleep at night thinking you did the right thing?

22’53’’ Mignini: I have a clear conscience, yes. You, I remember you were present when I made the request for conviction, the sentencing request, I have ... I explained it, it happened to me because I was the most senior judge, that was not the colleague, my colleague had carried out her work, her scope: the matter relating to genetic testing, cells phones, computer investigation. I had to do the investigative part, let’s say that by the event, the part dealing with the evidence collection. And then at the end I had to make the final request, I tell you, I have four daughters, so I know what it means, I am”¦ I have a clear conscience because I asked, and I did, what I deemed [it had to] be done. I asked what I deemed and this is my assessment, I am ... who knows me knows that there is a way to persuade me: to convince me rationally. I am ... and those who know me know it, one who, when faced with a rational assessment, I often happened to concede that the person who has proven it to me was right. But I must be convinced. If I am not convinced, I am not convinced and I have my position. My position [is one] that I draw from the analysis of the elements, never by a preconceived or conspiracy-oriented assessment, anyway from the facts, from facts alone absolutely.

25’32’’ Mignini: I hope that, I do not know if it’s over, think it’s over, I hope that there was a [..?.. *question] ..., there is one, a lot of different views, including the interpretation of events that occurred, that are very different. I tried, I didn’t have means because the judge is not allowed to speak much, and not much freely. I had read many times, I also received messages that were not exactly pleasant. Then also I read a lot of things that were totally unfounded and I hope I made a contribution. That means, you can have different opinions. I [think]”¦ Sure, you can have different opinions, I, as the magistrate who works as a prosecutor; it was me in the investigation at the first instance trial and now as an assistant on appeal. You can have different opinions, I respect opinions but I expect that you do not put into question the good faith and intellectual honesty of the investigators, because there are no [*prejudices? reasons?] towards those young people who were totally unknown.

We did what we deemed [was right] doing, what we found, which one may not subscribe to. I respect all opinions, but the ones who were responsible for conducting the investigation and supporting what is called the accusation, that anyway, let’s repeat it, is not an accusation but an organ of justice, [those ones] are us. And we took the responsibility for doing what we asked for. There is a colleague who worked with me, she was very useful because she helped me on some issues, from a biological standpoint, she is a colleague with whom we work together in the executive council of the National Association of Magistrates. So I hope that, I don’t know, but I wish, just hope, that at least I have been able to help in clarifying [the matter]. That is, that at least something could be said [missing words] that is not exactly what we thought. This is what I would like, at least I hope.


Dear Ken Jautz Of CNN: Full CNN Interview With Mignini That CNN SHOULD Have Reflected #2

Posted by Skeptical Bystander


The previous post is here.

CNN’s report is downloadable here. Our contexting and the first hour are posted here..  Final post Tuesday. Our translators were PMF posters Clander, Yummi, Jools, Thoughtful, TomM and Catnip.

0’40’’ English question [Translator’s note: These words are in English in the Italian transcript of which this document is a translation.]

0’48’’ CNN: You didn’t interrogate Amanda?

0’50’’ Mignini: Oh, the police interrogated her. I was told about it. I wanted to explain this. I remember that I had gone to sleep and the director of the flying squad, Dr. Profazio, called me, because he tells me: “There are developments; Raffaele in fact has denied what he had said before”. So I went down and the head of the flying squad told me what had happened. At some point they tell us that Amanda has made this statement.

And thus her interrogation as a person informed of the facts was suspended by the police in compliance with Article 63 of the Italian Code of Criminal Procedure [c.p.p. - Codice di Procedura Penale], because if evidence appears that incriminates the person, the person being questioned as a person informed of the facts can no longer be heard, and we must stop. “Everyone stop! There must be a defense attorney [present]”. And thus the police stopped and informed Amanda, who had placed herself on the scene of the crime and who said that she had accompanied Lumumba and let him in and that then Lumumba, in the other room, allegedly committed a sexual act and killed Meredith. This is what she said.

2’11’’ Then I was called, I was informed about this, I went to Amanda who, I remember how she was, what she looked like, I remember her very well, she remained imprinted in my memory, I still remember then two things about Amanda that struck me at the time: first, she looked like she was relieved of a burden and second, she was like, and this is another detail that was impressive, it seemed as if she was terrified of Lumumba.

20’48’’ Then I, as I had in some way to, let’s say… this police interrogation had been suspended. At that point I remember that… they made me notice that Amanda, because she wanted to go on talking, I remember she had, like a need to. So I told her: “you can make statements to me; I will not ask questions, since if you make a spontaneous statement and I collect it, I will collect your statement as if I were in fact a notary”. She then repeated [her story] to the interpreter, who was Mrs. Donnino, I remember there was a police woman officer who wrote the statement down [verbalizzava], I did not ask questions. She basically repeated what she had told the police and she signed the statement. Basically I didn’t ask Amanda questions. Not before, since the police asked them and I was not there, and not after, since she made spontaneous statements. Had I been asking her questions, a defense attorney should have been there. This is the procedure.

05’24 CNN: She had an interpreter during the whole time?

05’26’’ Mignini: Yes.

05’29’’ CNN: She says no.

05’32’’ Mignini: Look the interpreter was there, when I heard her there was the interpreter. The interpreter Anna Donnino, who is an interpreter for the police; she was hired by the police.

Just like I believe that there was [before], I do not have the minutes now, but yet now this is a fact, it is undisputed that there was an interpreter.

06’02’’ CNN: Amanda Knox says she was interrogated for 14 hours…

06’11’’ Mignini: No, look, absolutely not. At 1 a.m., the minutes of Nov 6th has started at 1 a.m. and I arrived, 14 hours that cannot be, we are really… that’s absolutely impossible. So the minutes were done at one o’clock, then the minutes of the spontaneous declaration was taken at 5.45, it maybe lasted half an hour because no questions were asked. She made her statements; they were translated; then at around 8 a.m., I think, at approximately 8, I drew up the detention order. Thus it is… well, she had been heard earlier, so she had been questioned as a person informed of the facts at around one forty-five a.m. She had previously been heard by a female police officer, but [that’s] because she had gone voluntarily to the police and she reported that, she said things quite relevant to the investigation of Raffaele and was heard by the inspector [Rita] Ficarra. However this [event] ... I was not there, I do not know [about it]. But remember, there are the minutes. Then the minutes in which she was questioned as a person informed of the facts starts at 1:45 of November 6, and cannot have lasted 14 hours ... in no way whatsoever. Then she was arrested at around 8 a.m. or at about 9 a.m. or so.

08’16’’ Mignini: Look, I remember what I saw when I saw her personally, because she said, I told her: “you can make, if you deem it [necessary], a spontaneous statement, because Italian law provides for this. If a person is aware that he/she is suspected [under investigation], may request to speak before a magistrate, it happened many times, they came also to me, and they say “I want to make a statement”. Very well, I listen. If I listen, I wanted this to be highlighted…. to be clear, I listen and that’s all, and I ask no questions, the defense attorney may be not present. But if I ask questions and I object to the facts [of your answers], it is like an interrogation and thus we would need a defense attorney.

09’10’’ CNN: was [Amanda Knox] scared?

09’11’’ Mignini: Well, I recall this feeling that I had in that moment which, [as] I am explaining to you, in the spirit in which I am doing this interview, to explain to you the acceptance [adozione] of our requests [provvedimenti], what was, why the trial went in a certain way. [Translator’s note: The Italian in the CNN transcript is nearly incomprehensible. We have provided the foregoing on a best effort basis.]

09’36’’ She was, she seemed to me like she was uplifted, freed of a weight, and terrified of Lumumba. That’s an impression that has stayed with me, yet I don’t understand. I remember that there was a policeman who was called, from the SCO [Servizio Centrale Operativo] in Rome, who made an impression on me because he was very fatherly. She was crying as though freed of a great weight, and he was trying to console her. I remember there was also a policewoman who, well, she…[missing word?] and I’m sure that.. [missing word?] .. well, all that picture how it was described later… at that moment it wasn’t like that. Right then, there was a situation in which I was trying to console her, to encourage her, because actually we believed that she had told the truth.

11’03’’ CNN: No one hit her?

11’06’’ Mignini: No, look, absolutely not. I can state this in the most positive way, and then, let’s say”¦ I wasn’t there when she was being questioned by police, the rooms are quite far away”¦ you don’t know but I was”¦ it’s quite far, there’s a corridor, and I was with the director, Dr. Porfazio, and she was being questioned in a different place. I also remember that passing through, I also saw Sollecito who was alone in a different room; he was also being questioned, as I recall. I don’t exclude”¦well”¦it’s clear that I wasn’t there, but I don’t believe that anything whatsoever happened, and in my presence absolutely not.

11’55’’ On the contrary, there was an attitude of”¦ I mean they gave her [some] ... [missing word?] then she was like, you know, like someone crying from a sense of liberation, as though she had been freed. That was the attitude.


12’51’’ CNN: Why wasn’t there any video or transcript of those hours?

13’00’’ Mignini: Look, that’s, I was at the police station, and all the”¦let’s say”¦when I made investigations in my own office, I taped them. I taped them, we have an apparatus for that, and I transcribed them. For example, there’s the interrogation of the English girls, Meredith’s friends, it was all taped. The interrogations of Amanda in prison were taped, and then transcribed, and we have the transcripts of”¦ But in a police station, at the very moment of the investigation it isn’t done, not with respect to Amanda or anyone else. Also because, I can tell you, today, even then, but today in particular, we have budget problems, budget problems that are not insignificant, which do not allow us to transcribe. Video is very important”¦I completely agree with you that videotaping is extremely important, we should be able to have a video recording of every statement [verbale di assunzione di informazioni] made Because what is said is very important, but it’s maybe even more important how it is said, the non-verbal language. Because from the non-verbal language you can [missing words].

15’14’’ Mignini: It isn’t only Amanda, it’s always like that. But I wanted to say that I agree with him that it’s fundamental, only there’s a problem, especially when the witnesses are so numerous, and in fact just recording, I mean recording the sound, isn’t enough according to me.

15’38’’ CNN: It doesn’t cost much, he says.

15’40’’ Mignini: Well we have significant budget problems, that’s what it is.

15’38’’ CNN: So in the end, you did get a confession. But then, everything that was written in the confession became a lie?

16’16’’ Mignini: But then, there was the fact that she placed herself at the scene of the crime, and Lumumba wasn’t there, together with the three of them, the two of them, but Rudy was there, according to the facts that emerged later. But the fact of having accused”¦and she’s even accused of calumny in regard to Lumumba, was an element that was very important from the point of view of her legal position at the trial. Why accuse someone of participating in a crime, placing yourself at the scene of a crime? Because with those declarations, she placed herself at the scene, at the place of the crime. And she placed someone there who was a complete stranger to it. Why did she do that? There is one detail that’s particularly significant. Above all when Lumumba was arrested and no one ““ if it hadn’t been for the Public Prosecutor’s Office that conducted the investigation, and that is mandated to seek elements in favor of the accused, Lumumba would have stayed in prison. But we investigated, and we saw that Lumumba wasn’t involved, that he was the object of calumny and so he was freed and the case against him was archived.

18’15’’ CNN: Was she asked to imagine what might have happened?

18’24’’ Mignini: No, absolutely not. Either you saw a person or you didn’t. I can’t ask someone what they imagine because it would be a question that doesn’t mean anything, that I even don’t understand.

18’44’’ CNN: Do you think Amanda Knox is bad?

18’46’’ Mignini: Look, by the way we did make some personality assessments, we usually do make them, but they are only for investigative purposes. About Amanda I can tell you that she is a very, extremely intelligent girl, I always said so, about being bad, I don’t .... I wouldn’t, I couldn’t say anything. It seems to me that going beyond this would be a personal judgment, devoid of significance. What is important is the fact, what is important is why an event takes place which is a crime, a crime accomplished without premeditation. So I don’t”¦ any”¦ I mean, I don’t want to do it, I don’t think it would be right to say that someone is good or bad, absolutely not.

20’09’’ This means the assessments that we did make were made only in order to ascertain responsibility, but what someone’s personality is, the personality of the accused, that deserves great respect and we don’t, the evaluations that we do we only make them to ascertain responsibility and then for the sentencing. At that stage in fact the personality of the criminal is taken into account, for the purpose of establishing penalty, in Italian law, but we did that in the request for a guilty verdict. There, there was one element that has some relevance to the psychological aspect; it was the fact that a crime was alleged that was committed for futile motives, which is an aggravating circumstance. And we did hold that this was an aggravating circumstance, but it was only for this purpose that we made personality assessments, not for any other purpose.

21’26’’ During the investigation, I heard them being made, and I read articles, they kept attributing judgments to the investigators that were never made; certainly I never made judgments like that. I have the greatest respect for the persons of the accused.

22’30’’ CNN: The accusation [Translator’s note:  non-grammatical question] is like: once it was proven that Lumumba was basically a lie of Amanda’s, you should have started again from scratch. Once all the DNA evidence of Rudy Guede came out, you should have said we’ve found the culprit, because of the fact that there just wasn’t any trace at all inside the room, and then, according to the defense, the defense says that you became fixated on Amanda and Raffaele, almost obsessional.

23’19’’ Mignini: No, absolutely not. I did what I did and now I’m talking about the past, about what the investigation showed, about what happened at the first instance trial, because I am, I was and I am, I did what I did because I’m convinced, on the basis of the evidence collected, that they were responsible, in the most absolute way. There isn’t”¦how was Rudy involved? Rudy was one element, but the crime, I repeating, one can’t say any longer that this crime was committed by a single person. Now we have a judgment from the Court of Cassation, the Supreme Court, saying this crime was committed by Rudy together with other people, and it then indicates, by confirming the verdict and sentence of the Court of Appeal which condemned Rudy, that it is incidentally speaking of Amanda and Raffaele. So from now on, this crime must be seen as having been committed by more than one person, one of whom is Rudy.

24’36’’ So what has been assessed was held, I want this to be clear, precisely for the purpose of reconstructing the facts: I am called[C1] , I issue the warrant of arrest, for the arrest of Amanda, Sollecito and Lumumba, it goes in front of the Judge for the Preliminary Investigations who rules on the grounds of the warrant for arrest, so there’s a request to validate the arrest and permit a precautionary measure; the judge for the preliminary investigation validated the arrest and allowed the precautionary measure. Then Lumumba was removed from the picture because we conducted our investigation and saw that he wasn’t involved, so he was out. So, when we had collected the elements that convinced us, me in particular since I was the one who made the request, the archiving request, first his release and then the archiving of the proceeding against him.

25’37’’ If that had been, but I don’t accept that attribution, there isn’t any, there isn’t any [missing word?]. If the magistrate, if that attribution were true, having started with Lumumba I would have had to continue with Lumumba. But in fact, it isn’t that way because Lumumba had nothing to do with it. So, the precautionary measure was challenged before the re-examining tribunal, where three judges preside for each of the accused. On the order of the re-examining tribunal, Sollecito, Rudy and Amanda appealed the precautionary measure to the court of Cassation, but the court of Cassation confirmed it [Translator’s note: i.e., denied the appeal]. The measure was also taken for Rudy, and the court of Cassation confirmed it.

Then there was the judge of the preliminary hearing who sent the case to trial, condemned Rudy, rejected a request to revoke the measure, and finally the first instance trial ended with a guilty verdict. Here, eight judges, i.e., two magistrates [giudici togati] and six lay judges, recognized that the accusations were well-founded. So, when there are elements that had to be archived, we did request that they be archived. So there is no such attitude [Translator’s note: i.e., obsession], absolutely not. This is what I can [do?]. If there were, if there were some true or even just credible elements, because I would need something like that, which hypothetically could prove that they had nothing to do with the crime, I would take account of it and would act accordingly, I would have acted accordingly. In the most absolute way.

27’48’’ I’ll tell you what happened, and please believe me, because around this event there have been a lot of things which are unfounded, to say the least. According to me, intellectual honesty is the main quality in a magistrate.


29’53’’ CNN: Is Antonio Curatolo a trustworthy witness?

29’59’’ Mignini: But the witness takes an oath and assumes his responsibility, if he says something false then he is committing the crime of perjury and calumny, at the limit, if he’s explicitly accusing an innocent person of a crime, so in our, in Italian law, the witness is considered to be trustworthy, authentic, until the point at which you can’t prove he said something false. Unfortunately, however, or fortunately, we don’t know, the person who was in the piazza, who has lived in that piazza for ten years, at least ten years, who knew everything about that piazza, was this homeless guy. So the homeless guy is a bum so that’s no good. But that’s not right, he’s a witness like the others. The woman what’s her name, the witness who lived there, near the house, the one who heard the scream, is a totally credible person, a very normal lady who told what she had heard coherently. The school teacher, the one who lived nearby, is a totally credible, trustworthy witness.

With witnesses, it’s not that we can choose their testimony. Witnesses are the people who are, by chance, able to give some indications. And for that matter, Curatolo is someone who actually lived there, and his declarations are altogether pretty credible, and confirmed by other people. Other witnesses were also heard, who were, I don’t know, for example Gioffredi, a perfectly normal person. So I don’t see”¦basically, it’s the testimony of a perfectly normal person which has to be weighed according to what it says, and its coherence with a reconstruction [of the events, translator’s note], and we have to believe it unless it’s proven wrong.

32’26’’ Because if he says that he saw something, he exposes himself, he’s under oath so he exposes himself to an accusation of perjury if he’s not telling the truth, so we have to believe him. Otherwise justice, without witnesses”¦it’s not as though we had a film of the crime, if only that could be the case.

33’30’’ CNN: Was Toto being investigated [sotto inchiesta] when he gave his testimony?

33’42’’ Look, I know that at the moment in which he gave it, I believe that there were some lawsuits against him, but in the stage of appeal, I think he had been condemned but was appealing, so, then later the sentence became definitive, but he gave his testimony when the sentence wasn’t definitive yet. I don’t know, those are details that I wouldn’t know about exactly”¦but I know for certain that the sentence was not definitive, so was still being contested.

34’34’’ CNN: Did Toto give his testimony hoping to obtain some kind of favor?

34’36’’ Mignini: Non, there was no favor, absolutely no favor. This didn’t happen”¦the witness presented himself and made his declarations, that’s all. We took note of them, because they were relevant declarations.

35’17’’ CNN: So, you believed the testimony of a heroin-addict bum?

35’25’’ Mignini: Well, on let’s say the legal position of this person, I have nothing to say because he was judged for something different, for a true and totally different fact, having nothing to do with the present one. For this one, he was a witness. And it’s true that it’s completely different in that he was heard as a witness, with no lawyer. If it had been a related fact, he would have had to be assisted by a lawyer and he would have had the choice to abstain from making declarations. But for this event, he is a plain and simple witness. Then, also, I wouldn’t want to, because the witness, it’s not that we ask the witness if he has a previous record, previous condemnations. We can ask that to the accused, to the accused, amongst the other questions that we ask the accused, we ask him if he has a previous record, but we don’t ask witnesses this question, except during the defense’s investigations. This is the”¦so he’s just a witness who made declarations. His declarations have remained quite, rather credible.

There’s also for example the fact that, well, take for example the rain. Curatolo remembers that the evening during which he saw the two young people, it wasn’t raining, and it’s true that on the evening of the crime it wasn’t raining. Vice versa, and they say this, also other witnesses say this, on the previous night, only in the town of Perugia, there was a limited weather phenomenon; in the late afternoon of October 31, it rained. And even I remember that, because I remember that the street was wet. So, this is to say that this is a detail which was confirmed by”¦there. I’m giving an example to tell you that also a person who has a criminal record”¦and then, one would have to go see all the witnesses who were heard at the first degree trial, all of them, to see if they had them. We don’t do it because it isn’t relevant.


38’45’’ CNN: From the response of the bum, I assume that you took the responses of the two ladies as valid, and never went to check in their apartments if it was possible to hear footsteps with the shutters closed.

39’04’’ Mignini: So, the question of Curatolo is one thing, the declaration of Mrs. Capezzali, what’s her name, I think Capezzali, is something else. You say, she’s quite an elderly woman, she said she heard a scream, the scream that”¦ She lives, I don’t know if you know the area, but, I don’t think you know it, she lives above the garage and looks over the house on via della Pergola, where there’s a kind of, something like an amphitheater. So the sounds coming from below can be heard with particular clarity and she heard the scream perfectly. She said so. And that same scream was heard by a very young teacher who lives lower down, in a street in the direction of, towards, let’s say towards via Pinturicchio. And around the same time, she also heard a scream like that. Then she went down to her parents who were in a different part of the house and they said they hadn’t heard anything.

40’26’’ CNN: He wants to know if you went to the house.

40’28’’ Mignini: Did I go? I have taken note of this witness’s statement and also of the other and, being two statements from persons who had no reason to lie and being these statements entirely credible since they are very similar to each other, the houses are very close to Via della Pergola, this statement was deemed fully reliable. There was then a request for an expert opinion, now I will not go into the merits of the trial events, but this thing was assessed during the investigation, by the Gup, and by the Assize Court that heard this person, who was cross-examined, she said, she repeated what she said. An absolutely believable person, who obviously [missing words]...further, as here [missing words]”¦an experiment on the possibility of hearing was not done. We are, we took note of the fact that she told about this, about the scream that she heard. She confirmed it, she gave her, her, we say word, that she took an oath in court, to have heard this scream.

The same thing was said by another witness. What should we have done? Have an expert [perizia] ascertain, under different, not repeatable conditions, that which was heard at the time? The witness said what she heard. And, then, neither I nor the Court of Assizes considered submitting [missing words]. The Assize Court decided instead to do something very important. And this is a detail which I consider [missing words]. When I inspected the house on Via della Pergola, which in my opinion was a very important initiative, very crucial for the decision. That is, that was an opportunity to make an inspection to see that house as it was, how was this window through which this unknown subject would have climbed, which then would have been Rudy. And the court was aware that this reconstruction was, in my opinion, unlikely.

43’35’’ CNN: Would it have been easy to conduct [fare] the experiment?

43’38’’ Mignini: But let’s say if a person has made these statements and it was this way. Because, you see, I’ve listened to this person, she was recorded, among other things, she was cross-examined during the trial. She was very precise. She said that she constantly used to hear, even during other nights, that she used to hear the noises of the youngsters who made quite a noise in the garage, in the parking lot. So. ... These things, these noises, she was used to hearing them. She stated this. There was no reason, she did not know the victim, she did not know the accused, what reason could she have had to [missing words]?

44’44’’ CNN: not that she lied but this is a fundamental question for your work. Is your job finding the truth and solving the problem or is it following your intuition and trying to incriminate the first person you find suspicious?

45’16’’ Mignini: Well this is, in the Italian legal system, the prosecutor is not a lawyer for the accusation. He/she is an organ of the judiciary who must also seek evidence in favor of the suspect. Which we have done, particularly in the case of Lumumba. And all the people, all the witnesses who were suggested by the accused, were heard in cross-examination. A very long preliminary investigation was made, extremely thorough, verifications of all kinds were made, [including] verifications on the phone cells. I have not spoken of the phone cells, for example, but that is another point that showed people’s movements, people’s location, that were confirming the accusatory hypothesis, as we say. So, [after] all these evaluations, the prosecutor, made a few requests. I did nothing. I made an order of detention, I asked for [its] confirmation. Then the judges had to confirm everything. And the Preliminary Hearing judge should have considered, he would have had to, if there had been any grounds of non-credibility of witnesses, they should have been pointed out, they should have highlighted this. But the Preliminary Hearing judge evaluated the indictment request, I asked for an indictment but is was the GUP Micheli who [actually] indicted the defendants.

There was the trial before the Assize Court, which took place, it was a proceeding that lasted a year, a trial that lasted a year, during which the case was examined thoroughly from every possible angle and therefore this is the [missing words]. The magistrate, the prosecutor has an obligation, let’s say, in the current legal system, to seek, he is an impartial body, that has the obligation to seek the truth and if new elements emerge which make [a person] appear to be credible, which make a person appear to be unrelated to a crime, [then the prosecutor] has the obligation to request that all charges be dropped or, if during the trial, [to ask for an] acquittal. I myself have come across many times, during a trial, in light of witnesses, new witnesses, who were produced again in other cases, I asked for an acquittal. Anyone who knows me knows that this has occurred many times. But in this case I had, let’s say, during the investigation phase and during the trial, I made, we made our requests, we explained them, we justified them, and the court gave, acknowledged the validity of this case. Then there is an instance of appeal. There is the appellate level. Now, I will not discuss this because it is on-going.

49’11’’ Mignini: The phone call, for example, another thing that had a considerable influence on the investigation was the phone call that Amanda had with her mother in the middle of the night in Seattle, even before [the body] was discovered. This is another element that comes to mind, even before the body was found.

49’52’’ There is a call that is made in an hour, now I do not remember, it was I think, I do not remember exactly, I think it was 3 AM in Seattle, I think.


50’58’’ CNN: In 2006, you were found [missing words], let’s move on now to the other case, the prosecutor of Florence said that you would do anything to defend yourself in front of those who criticize the way you investigate…

51’43’’ Mignini: Well, I will not comment on this statement, I do not know when it was made. The proceeding that this person brought against me and Dr. Giuttari, ended in part with a full acquittal because no crimes had taken place [i fatti non sussistono], for one part. And this is a final acquittal because the prosecution did not appeal. So, this part of the allegations that were made, which were formulated, which was the most important part and led to the searches in the offices of the prosecution and also in Giuttari’s police offices, this part has totally collapsed. A search was carried out, a seizure was made, which had already been annulled by a court in Florence.

Then the court of Florence acquitted us because no crimes had been committed, with a full acquittal. And this acquittal is final. A part of the charges formulated against us remains, that I honestly find hard to understand, because they say [si dice], we were accused of having carried out investigations that had no relevance according to the theory [impostazione] of the Florence prosecutor’s office, I make this distinction, they had no bearing on the investigation we were conducting. I say that they had a full relevance and among these files there were interceptions that were all authorized by the competent magistrate. So this conviction was based on alleged offences [ipotesi di reato] to which we object, we have appealed, objecting to the jurisdiction of the prosecutor of Florence that conducted a trial although magistrates from the very same Florence Public Prosecutor’s office were involved in this very trial. And this cannot be done.

54’26’’ Because when there is a magistrate who is involved for different reasons in a matter, the trial must be moved [to another city]. So, if there is a magistrate from Perugia, the trial is moved [si va] to Florence, but if there is a magistrate from Florence, one goes to Genoa. And if there is a magistrate from Genoa involved as the offended party, as it was in this case, you go to Turin. And this is not what they did in Florence. We have objected to the jurisdiction of the Court of Florence for the violation of article 11 of the c.p.p. and if this jurisdiction should be recognized, everything comes to be nullified, and everything goes to Turin.

55’14’’ In addition there are other aspects that I do not wish to, well, you asked me the question about Preston, then I spoke, and I would like a moment

56’05’’ Mignini: Then I would add one thing, listen well to this. If I want to do something intimidating, meaning that I want to do an investigation that has an intimidating purpose [carattere] against a person because that person speaks against [me], no? If I want to do an act of intimidation, I have to do an act which that person feels, that that person understands, knows, perceives. I must, hypothetically, carry out a search, make a seizure, do an inspection ... Instead, I performed [faccio] a wiretap that was secret, I heard a witness who remained secret. How can I intimidate a person if I carry out an investigation that remains secret? Because the investigation must be secret. This activity is not like a search that is immediately known by the person. If I want to intimidate a person do you think that I carry out an investigation that remains secret? And how can I intimidate him? It’s a contradiction in terms. So someone will have to explain to me the meaning of this accusation.

57’32’’ The problem is that at the origin of these proceedings there was [missing words], I do not mean the whole Florence Prosecutor’s office with which I have very good relations. I’m talking about a time when [missing words] I talk about a conflict between offices, a conflict that has ended up in front of the Supreme Court Prosecutor General’s Office because the Prosecutor General of Florence. That is, the Florence Prosecutor’s Office wanted us to hand over to them a case we had,  the one regarding the death of doctor Narducci. We said no, the competence is ours. The prosecutor general of the Supreme Court, Dr. Febbraio, on July 29, 2005, agreed with Perugia.

So at the origin of this matter there is a conflict of jurisdiction and there is an indictment brought by us, I would like to make this clear, the Perugia Prosecutor’s Office had indicted the Florence Chief Prosecutor at that time, and this proceeding, at the origin of this proceeding, there is this fact. And this person also filed a civil lawsuit against me and Dr. Giuttari. This is the ... there is a contrast between offices, there was.

The next post is here.


Dear Ken Jautz Of CNN: Full CNN Interview With Mignini That CNN SHOULD Have Reflected #1

Posted by Skeptical Bystander


Introduction: Judgment and credibility

Candace Dempsey recently claimed that viewers would be able to “judge the credibility of Mignini [”¦] when CNN airs Murder Abroad: The Amanda Knox Story”. In support of her claim, Dempsey provided an excerpt of the interview at end of her reader blog entry of May 6, 2011.

Viewers who managed to sit through the Drew Griffin/Doug Preston/CNN treatment of the Meredith Kercher case saw bits and pieces of what CNN risibly tried to pass off as an exclusive: access to one of the prosecutors, Giuliano Mignini, who indeed agreed to answer questions. What CNN failed to mention was that Mignini was actually interviewed for two-plus hours, and that he answered Mr. Griffin’s questions openly and without hesitation, not knowing that his answers would be severely and ruthlessly edited and cherry-picked to reflect something very different from what he actually said.

Not only did CNN fail to reveal this fact, Drew Griffin actually said (according to Dempsey) that “Mignini doesn’t really answer questions,” adding that Mignini “”¦talks and talks, going round and round and returning to certain things. I had to keep bringing him back to the evidence, to what’s actually being presented in court.”

This post and the next two to follow contain the original Italian transcript, authored by Turner Broadcasting and apparently then transcribed by a human being or by software (perhaps CNN will clarify). Whichever it was, the resulting document, which we obtained in the form of a word file, was clearly not subsequently corrected for errors, as readers of Italian will see. Presumably, the “three different interpreters” who “looked at Mignini’s interview to make sure that he was quoted correctly” did not read this transcript version of the interview.

Perhaps CNN can be persuaded to clarify the process or even to provide the actual audio and/or video of the interview. In the meantime, our translators demanded that we issue this translation with a giant red flag to signal that the transcript authored by Turner Broadcasting does not appear to be in complete and correct Italian. There are missing words, repeated words, and clearly wrong words. This may be because it was compiled by a non-native speaker. Again, only the folks at CNN can shed light on the process.

As you read the transcript or the translation of it, which was done by a team of volunteers (PMF posters Clander, Yummi, Jools, Thoughtful, TomM and Catnip), it is important to keep this in mind.

Also keep in mind that, according to Dempsey (based either on what Griffin told her or the cherry-picked interview snippets in the CNN program; perhaps Dempsey will clarify) “”¦instead of talking about hard evidence, Mignini kept returning to Amanda’s odd behavior; her relationship with Raffaele Sollecito, her Italian ex-boyfriend; and even her eyes (which, since they are blue, the Italian press called “icicle eyes”)”.

Griffin to Dempsey: “He truly believes she was the criminal mastermind behind the murder and that Raffaele was infatuated and under her spell.”

More Griffin to Dempsey: “Prosecutor Giuliano Miginini [sic] is, in my opinion, a rambling, confused individual.” (Drew Griffin to Candace Dempsey).

Dempsey:  “Griffin was surprised by Mignini’s willingness to say all sorts of things about Amanda that were not part of the trial.”

Griffin: “The kind of things that, if a prosecutor came to court in the U.S. and put before a judge, would get his whole case thrown out.”

And don’t forget what Candace Dempsey told potential viewers: that they would be able to make their own judgment calls when the documentary aired on Sunday, May 8, 2011.

We beg to differ.

We think that the viewers will have a much better basis on which to make a judgment call if they take the time to read the complete transcript and/or our translation of it. Then ask yourselves these questions:

Is Prosecutor Mignini evasive?

Does he give unclear responses?

Does he ramble?

Does he seem confused?

Compare the full interview with what viewers were shown. Then make your judgment call. Like us, you might be more tempted to make one about the people who did the cherry-picking, the packaging and the publicity for this hatchet job.

The remaining hour and a half will be posted in two more posts, one after saturday’s appeal session report, and one after the weekend.





First hour of the interview

4’09’’ CNN: There have been many stories about this crime, about what people think happened. What do you think really happened?

4’20’’ Mignini: Well, I am a magistrate for the Public Prosecutor’s Office who found himself ... I was on duty at the time and thus I happened to be dealing with this matter randomly. For me it is a criminal proceeding that I dealt with, and I am currently working on it today at the appeal level.

4’49’’ What happened was that a crime was committed for which we conducted an investigation in the best way considering the situation. And there was a trial which, in the first instance, resulted in conviction with full acknowledgement of the theory of the Public Prosecutor’s Office. I know there have been books, there were also films on the subject, but this is something for which I have limited interest. My job is to be a prosecutor for the Public Prosecutor’s Office who dealt with this case. I am interested in it from this point of view, nothing else.

6’30’’ CNN: But exactly how was the crime like, what you and your assistants, I do not say [missing words: *what happened?] ... but [what] you understood, who are the murderers, and the reason for this murder?

6’46’’ Mignini: I can tell you our impression when I arrived on the scene. I arrived basically, I believe, I think around 2:30 p.m. on Nov. 2, and I found myself facing a crime that obviously looked like - this is the impression I got in the first place and it was subsequently confirmed by the investigations and the proceeding - a murder of a sexual nature, in which there was this girl who was undressed or nearly so, a young woman who was covered with this, with this quilt. And the other thing which struck us, which was of immediate interest, I said this on other occasions and I repeat it because I’ve said it also at the first trial, was the break-in. And it appeared immediately ““ the climbing, the simulation of climbing, with a stone thrown through the window, through two shutters that were there, that left open quite a narrow space, rather limited room between them ““ immediately that appeared to us to be a simulation.

8’38’’ So there was this crime of a sexual nature and a simulated burglary. That is, the perpetrators or perpetrator, at that moment we were making a preliminary assessment, was someone who attempted, that appeared to be the situation to us, he had attempted [missing words] So that appeared to be the situation, an investigation of unknown persons; whereas instead the house, the house door was completely intact, there had not been a been a breaking open, and this made us think, then, as the investigations progressed, because as investigations go, by approximation you slowly get closer to it, to the ascertaining of the facts, it was, we thought it was someone who knew the victim and had an interest in orienting the investigation toward strangers.

09’44’’ Then the investigation went on. There were other important issues ... [missing word: *facts?] that have occurred [missing words]; they remained as key aspects of ... of what is called the basis of the charge. Which, by the way, for us is not the side of the accusation; we are an office that also has the task of ascertaining facts in favor of the suspect during the investigation.

10’19’’ What struck us besides the issue of the simulation was a series of endless contradictions, of inconsistencies, in the story of the two young people, the two young people who later became suspects and then defendants. And then, in particular, the calunnia [false accusation], then, what turned out to be such, a false accusation, made by the accused against her employer, a black man, Lumumba, Patrick D. Lumumba.

10’53” Here it is, this is it. Then, the elements of which there is much talk today, the elements which consist of forensic evidence, there was also evidence. There are the fingerprints, the [foot] prints, the phone cell records. These elements are ..., especially the forensics, they arose at a later time. This means, from the beginning what oriented the investigations toward these people, and later toward the black subject, Rudy, Rudy Herman Guede, who ... [missing word?] they were, that of Herman Guede was identified through the forensic material that was found.

The two youths were, let’s say they became objects of…[missing words?] the perpetrators of the murder, based on the findings that emerged at the beginning of the investigation, namely the simulation, the contradictions found especially in Amanda’s story, especially when she tells of having spent some time in the house, having taken a shower, in spite of everything. And then the call, the behavior that they maintained, especially the girl, upon the arrival of the postal police. And then the accusation, which was obviously a false accusation against Lumumba. So all these factors then they have, they led to the formulation of these accusations against them, which were later substantiated by the results of forensic tests, scientific evidence, were made by the scientific police, that is, the scientific police, which is that at the top of the national scientific police, which operates directly under the department of Public Security of the Ministry of the Interior. We also had the local scientific police, but the one which operated was the scientific police placed under the command of Public Safety, thus at the central level.

16’34’’ CNN: Before there was the evidence from the forensic police, did you arrive at your conclusions with respect to Amanda Knox by instinct?

17’00’’ Mignini: The scientific elements were coming in, as I recall, they were coming in gradually. Now, I would not be able to tell you [missing words] ... I think, for example, that the issue of the knife, and then the sample, the genetic profile of the victim on the blade and the genetic profile of the defendant on a spot where the handle of the knife is close to the insertion of the blade, I think that was entered quite later compared to the initial investigation. But in fact the order of detention, ... which I ... which is the act by which, under which the two young people and, at the time, also Lumumba who was later released, were taken to the house of preventive detention, that is in prison. In this detention order, there was no mention of any DNA analysis [indagini genetiche], obviously.

18’08’’ There is, in the detention order and in the hearing before the Judge of the Preliminary Investigation [GIP] on the validity of the detention and then in the first months, the first weeks of investigation, that is our belief, mine and the flying squad, that the behavior of two young people and in particular, this actually is [missing words]... it was a detail that was even more obvious regarding Amanda, [we thought] was such that the two were considered involved in the crime. Thus before that, it was an initial assessment of those elements that we had at the beginning to orient the investigation toward them. Then confirmations came. And there were many elements of corroboration at the end; they were very significant, very numerous. But at the beginning we had these elements, again, in particular the issue of simulation.





20’13’’ CNN: And what was the proof, because from what we understand the scientific evidence does not point to them ... the two of them?

20’25’’ Mignini: Well, then: so now I,  to list all the evidence [elementi] that was found, it would be [missing words] on the other hand they have been mentioned in the First Instance sentence report by the Court of Assize. Mmm, then ...

20’50’’ The issue of the simulation ... The issue of the simulation, in that house just in those days, i.e. 1, 2 November, the second was a Friday, the third was a Saturday, the fourth was a Sunday, on that weekend in 2007 there was only Meredith and Amanda in the house in Via della Pergola. Since the two Italian girls were away from home: Filomena Romanelli was with her boyfriend in another part of town, she was staying there overnight, while Laura Mezzetti was in the province of Viterbo.

21’36’’ So in the house that night there was only Amanda and the victim. Amanda said she was in Sollecito’s house, which is actually a five-minute walk from the house of Meredith. Because of the distance, we must take into account the distance, you shall go to see these places, you see that the distances are very short, very limited. So who might have an interest in simulating intrusion by a stranger? Only a person who might be worried about being implicated in the crime.

There was no sign of forced entry through the front door, so this is an extremely significant element. Then we have again the inconsistencies that can be detected in the statements. There is the fact, then during the investigation the homeless man, the homeless man came in, who very precisely identified the two young people, he said he saw the two basically the night between the 1st and 2nd, a few meters from the house where the crime happened, in which it was committed, presumably at a time compatible with the crime. While instead the two young people stated they had remained all the time at Raffaele’s home. There is another detail which at the beginning of the investigation [was] something that has, let’s say, intensified the elements for us; it was the fact that Raffaele at the beginning had attempted, let’s say he attempted to state that he stayed at home while Amanda had been out and she returned to Raffaele’s house I think at about two a.m.

Then this approach has been kept by Raffaele during the hearing for validation of arrest, and afterwards was abandoned as Sollecito’s defense line became more, let’s say, supportive of Amanda. But at an earlier stage Raffaele stated this position of separation between the two.

Then other elements are given by the fact, were given by the fact that the homeless man saw them on the night of the crime in a location a few steps, a few meters away from the crime and at a time shortly before the murder occurred.

There is a statement of the neighbor lady who lived nearby, who heard a scream at a time compatible with that specified, with what we thought could be the time of death of Meredith, that is between 23.30 and midnight. And this, this lady, heard footsteps, there is a whole description that now I will not repeat because it has been explained ... rather, it was described at length in the first trial, she heard the footsteps of some people who are moving, running, along the clear ground facing the house of the crime, others were running up the stairs, almost simultaneously, running on the metal stairs which are above the garage and basically end up in via Pinturicchio. I do not know if you are familiar with the city of Perugia, but I guess not. So this scream the lady heard, a terrible scream and also another neighbor heard it, at a consistent time, I repeat, and this simultaneous running of subjects on opposite sides, from different, distant areas, basically corroborated the fact that there were multiple murderers.

26’09’’ Rudy himself, in his questioning has, while remaining vague, more or less vague with respect to Sollecito, however later during the various interviews he more or less indicated quite clearly that Amanda was present.
Then [we had] the questioning, then there were questionings that were done. I remember one of them, that of Amanda in prison which was an interrogation that has made me… you asked what elements did I use to let’s say support the charge, saying in quotes the prosecution, there was also an interrogation in prison, Amanda, in inverted commas let’s say the accusation in the presence of the defense attorneys of course, and which confirmed the profound shock in which she always fell every time she had to tell what happened that night.

And then there were the results… well, fingerprints ... footprints, the footprints on the rug of the bare foot stained with blood, an especially important detail which I see many have not talked about but which is extremely important, is the mixed stains of blood in the small bathroom close the scene of crime, those of the defendant and the victim.

31’00’’ CNN: In the room [missing words]

31’05’’ Mignini: But let’s say I may reverse the issue: how do you explain the DNA, the genetic profile of the victim on the knife found in Sollecito’s house, together with the genetic profile of the defendant located at the area of the blade [possibly meaning: handle] where force is applied, not where you cut…

31’40’’ CNN: Are you sure that one was the knife?

31’44’’ Mignini: That it was for us, I can say this: first you have to start from a premise: Amanda and Sollecito knew each other only since October 25. That is, we think, because this detail is very significant with respect to the relevance of this finding, since we [may just] think it was a relationship, usually we don’t think of the fact that actually they had known each other for a week. And thus this knife was never touched in conditions ... I tell you what we found in the investigation, I am talking about what we ascertained during the investigation - this knife was never touched by Meredith under normal circumstances. It was never brought to Meredith’s home, this is what the two Italian housemates say, and so why, [since] Meredith had never been to Sollecito’s house, why was Meredith’s genetic material found on the blade by the forensic police, and the genetic profile of the defendant on the spot of the handle that is where the hand would press not as you apply pressure from top down, but from back to the front, that is in a condition similar to that when you strike a blow, like this. So this…

And I have… during the first trial I tried to show very clearly that this knife, the witness, the inspector I think whose name was Armando Finzi, he’s the one who conducted the search at Sollecito’s and found this knife. And I asked: did you put on your gloves at the time, was it the first pair of gloves you were using, in that search that was the first pair of gloves, he went [there], he started the inspection, he had not touched anything else, he opened the”¦ the cupboard where this knife was. I do not remember if he took away several, but he picked up this knife that was immediately - and thus with the gloves that he was wearing in that moment ““ it was immediately closed and sealed, was brought to the flying squad, where another police officer, the superintendent, I think, Gubbiotti, using the same technique, put it into a sealed container which was then carried to… was then analyzed. So this was, let’s say because I wanted this to be highlighted and I think the Assize Court says so, I wanted to show that there was no possibility of contamination by the police, by the flying squad, with regard to this item.

35’04’’ Also because, I would like this to be noted, from the perspective of Italian law, evidence of contamination must be given by the person who invokes it. This means: I found the genetic profile, you as defense attorney say ‘there could be contamination’, you must prove it. That is, the burden of proof is reversed: it is you, the one who invokes the contamination, the one who has to give evidence of it. And this evidence was never given and cannot, I think, it cannot be given. That is, the one who claims a fact must prove it, onus probandi incumbit ei qui dicit, non ei qui negat. [Translator’s note: This sentence was spoken in Latin and translates as “the burden of proof is on those who assert something, not on those who deny it”.]





36’50’’ CNN: Was it certain the genetic material was that of Meredith, and not genetic material that might be consistent with that of Meredith?

37’01’’ Mignini: No, no, it was like that. It was ascertained as such by the scientific police.

37 ‘20’’ CNN: So your detectives went into the apartment ...

37’28’’ Mignini: No, the knife was collected, then it was brought to the scientific police, it was sent to the scientific police in Rome.

37’ 40’’ CNN: Yes but your detectives entered the apartment and they selected right this very knife…

37’49’’ Mignini: I believe samples were taken from several, that is, not only that particular knife. I think, if I’m not mistaken. I think more knives were tested; however, one of those was definitely exhibit 36, the famous exhibit 36. And on this exhibit is where [a sample] was recovered from, and here it’s the scientific police that did the evaluation of that evidence and I retain, I digress. About [case] aspects, at the end of the investigation phase I asked, given the complexity of the case, the resonance of the case, I felt it was appropriate to have a colleague join me, a deputy [public prosecutor] like myself. Let me clarify, I’m not the chief prosecutor; I am a deputy prosecutor, since I’ve been presented as the chief prosecutor, but I am not the chief prosecutor. Then I requested the assistance of a colleague, Manuela Comodi, and we divided up the tasks. She has remarkable aptitude for these aspects of a genetic nature.

And so in this regard, I don’t know if you notice it in the first instance trial, my colleague did the questioning regarding the genetic aspects. I instead handled the more generic aspects of the case and aspects of a more investigative nature. This is why I remember all the details of the investigation, because I carried out the investigations of people. But for these aspects of genetics and scientific nature, we rely on the scientific police and we retain that the scientific police acted with utmost professionalism. I can recall, for example, going to the crime scene, I was at the place, and I also had to wear overalls, shoe-covers and a kind of cap, not just once but several times, at the same time when we did the inspections, ... I remember having worn many times, for example, the shoe-covers. And I had to… also because, those who worked on the scene did have their DNA samples taken as well, so there is also my DNA [sample]. Dr. Stefanoni took DNA samples of everyone to rule out in case, there could be DNA discovered belonging to some operator who had nothing to do with this matter.

40’38’’ Therefore, I have the utmost confidence in the scientific police because the top of the scientific police in Italy, especially Dr. Stefanoni who acted with great professionalism and these findings on the biological material were carried out in cross-examination with consultants for the defense team, always. The defense consultants, as I recall, and I was present, as far as I can remember, they had no objections if not in later analysis; they had no objection to anything at all at the time. For example, when the famous bra clasp was discovered, the defense consultants were there, for Sollecito there was a consultant who afterwards was replaced, I don’t remember his name, he was quite good, and I remember that he did not make any objections. Therefore, all these findings were carried out in cross-examination and the other parties had the opportunity to challenge what the scientific police biologist was doing, the scientific police expert in forensic genetics.

42’06’’ So I think. I distinctly remember that, in the first trial, I tried to prove that the knife had been collected with the utmost correctness. And I believe that afterwards the same thing happened in the scientific police laboratory when it was analyzed.

44’16’’ CNN: I still have trouble understanding how you can have a crime so horrendous and so bloody without two of the suspects leaving any trace.

44’30’’ Mignini: Look I should then add, it must be also said, at the time. In the bathroom of the two foreign girls, that is Meredith and Amanda, which is attached, next to the room of the murder, blood material was discovered of Amanda and Meredith, mixed. Why is this material important? It is important because in her own account told, in her own deposition Amanda makes in, I think, in early June of 2009, during the first instance trial, she says that when she left the house on the afternoon of November 1st, those spots were not there. She says so herself. So she returns in the morning, says she went back in the morning and sees those spots of blood. Those spots of blood are mixed Amanda and victim.

Also, in the small bathroom, there is a blood stained footprint, which the scientific police attributed to Raffaele, on the bath mat next to the murder room. On the corridor leading to the murder room, [and] leading to Amanda’s room, there are footprints, I’m not sure now, there are even in Amanda’s room, I think, there are footprints that were attributed to the two youngsters by the scientific police, of feet stained in blood. And, by elements, there is also a print of shoe and that one, was inside the murder room. Elements there are, that is, how to explain the presence of these elements if the two youngsters were not involved in the murder, [and] stayed at home? And another detail: it is a crime, this was established at the time by the Supreme Court, then we can no longer put into question at this point, it is a crime committed by several persons. I have, during the first instance trial, I heard this line of approach, and I also opposed this approach, which extended to holding that Rudy was the only one responsible.

The “only one responsible” is not one person, but [transcription error] they are several persons and Rudy is among them. This is now procedurally beyond dispute.





48’48’’ CNN: He also wants to know if you also found [missing words], that is, Sollecito perhaps, had a few cuts, did you check to see if he had any cuts?

48’56’’ Mignini: The”¦yes. Well, now: Laura Mazzetti, that is the Italian girl from Viterbo, [said] that it was a scratch, however, she remembers having seen on Amanda’s neck, she told this account and afterwards was also heard [as a person informed], it’s sort of a scratch just few days later, I think it was three or four days, she remembers seeing this scratch on Amanda’s neck that had been also seen, I think, by one of the boys from the Marches region. And in one of the photos taken during the house search by police, I think it shows something. Nevertheless, Laura Mazzetti indicates the presence of a scratch or something like a scratch. That is, she remembers seeing that Amanda had this little injury to the neck.

50’20’’ CNN: None of your investigators noticed it?

50’25’’ Mignini: The investigators did not notice it, because at the time, Amanda kept herself covered, she was, as described by the shopkeeper Quintavalle, covered up. However, Laura Mazzetti saw it and it was also seen, I think if I’m not mistaken or was said, by the young guy from the Marches who was living downstairs.

This girl saw it [the scratch/mark] and she stated this later in the courtroom. Moreover there is even a photo.

51’44’’ CNN: Knox was in contact with the police for several days after the murder. She was interrogated. Was she always wearing something that covered her neck?

52’00’’ Mignini: I think so, to be fair, this was a mark that it was not very visible. Laura Mazzetti said she saw it well. Keep in mind also that we did not focus on it automatically, because it was not like a visually striking mark. She was questioned like Raffaele Sollecito and like all the people who were more or less, that had to be questioned in those days, after the murder, a long series of people were questioned, among which the [girl] friends of Meredith, the English girls she was with the evening of Nov 1 and the night before Oct 31. And, among these people who had been questioned, also several times, Amanda and Sollecito were questioned, Amanda in particular was questioned several times: the evening of the 2nd, 3rd, 4th and then on the evening of 5th and the morning, or early hours of the 6th. But look, what I wanted that [??], just for the purposes of explanation, that under Italian law, we must take into account the totality of the findings.

Therefore there is the scientific evidence, there are statements made by people, examination of witnesses, there is the formal interrogation, there’s the conduct of the accused. All of these elements, it is not only the genetic aspect that comes into consideration. The genetic aspect [is], together with many others, must be altogether; it is a whole spectrum of various findings, which should converge towards an affirmation of a reality that is undisputable. This is how it should be, this is important from a judicial point of view. So it is not that the proof consists of the genetic evidence; it is not like that. There are items of proof from witnesses, there is the fact that there couldn’t be only one perpetrator, and this is now indisputable, and one of the positions of the defense of the two suspects always tended to say there was only one murderer who committed the deed, who climbed through in that totally absurd way, [that’s] not credible.

56’10’’ CNN: About Amanda’s interrogation, on the fifth day, what was it is that triggered you, made you begin to feel suspicious, and led you to conduct a more aggressive interrogation?

56’26’’ Mignini: I see you don’t… so, I’ll repeat to you what happened. On the evening of November 5th, the police were going to question Sollecito, and on the evening of the 5th, as I was saying before, the attitude of Sollecito at the beginning was an attitude of, let’s say, different than the one he would assume later, meaning a defense line supportive with Amanda’s; at that moment, he had a different position. That is, on the evening of Nov 5th. Sollecito made a statement saying “I was at home, Amanda wasn’t”. Amanda at that time had followed; she had accompanied Sollecito to the police station and she waited outside [of the room]. As the police heard this version of Sollecito’s, who basically, Sollecito ... with that statement, also this approach by him in practice more or less had become part of the process too, as Sollecito made this statement, the police became suspicious.

That is: why did Sollecito tell us this, and why is he now telling us that Amanda was not home with him? So then they called Amanda, and Amanda was heard by the police as a person not under investigation, thus with no defense attorney, because the person”¦ the witness, the person informed of the facts during the investigation ““ is not called a witness, he is called a person informed of the facts - she was heard by the police who pointed out to her, they confronted her with this question: why is Raffaele saying something else? Now you say you were with him and Raffaele says you were not there, that he was at home and you were not there? This is the point.

58’44’’ So she did, she was heard in a way, let’s say for long enough, I cannot remember for how long, in the earliest morning hours of November 6, 2007. I was not there when Amanda was interviewed by the police. I was, perhaps I was coming, because I had been called by the director of the flying squad that night. I do not remember what time I arrived at the flying squad, but I think that… I think I got there, maybe I arrived when Amanda’s questioning had already started. But the flying squad is pretty big; I was not in the room where Amanda was being questioned, but rather in the office of the director of the flying squad. We were talking about the investigation and were trying to plan the investigation for the coming days. So now, at some point, they call me, if I remember correctly, they inform me that Amanda had given the name of Lumumba, she had basically confessed that she was at the crime scene in the company of, with Lumumba, whom she had let into the house, that is it. Now I go on, I wanted to explain how I operate. So it’s not me, I did not do the questioning.

[Translator’s note: the transcript in Italian contains these words in English at this point: Starts with ****’* translation. This notation suggests that there is either a second journalist, who does not directly understand the answers, or that **** is using a translator, human or automatic. **** is used in the place of the individual’s name, which elsewhere is given as CNN. This is the only change that has been made to the transcript as delivered.]

The next post is here.


Open Letter To CNN Head Ken Jautz: Reports As Terrible As Drew Griffin’s Risks All CNN’s Credibility

Posted by James Raper




Attention Of Mr Ken Jautz
Executive Vice President Of Time Warner Inc For CNN
CNN Headquarters
Atlanta Georgia


Dear Mr Jautz:

Concerning Drew Griffin’s CNN report on Amanda Knox viewable or downloadable here with a transcript here.

As a practicing lawyer with a deep knowledge of the case, I watched your report two sundays ago (Murder Abroad ““ The Amanda Knox Story) with a growing sense of disbelief.

So when I watched the report I really expected that CNN might have very sensibly turned over a new leaf. Instead, Drew Griffin presented what seems to me to have been the most unprofessional report on the case ever done.

It was as if the expensive and relentless Knox PR campaign had phoned in the entire script, and as if Drew Griffin’s sole role was to parrot it. 

If it had been an openly avowed and paid-for public relations exercise on behalf of the Knox/Mellas camapign, it might have won a few points. But the report was promoted as a new investigation. That was a fundamental misdirection. It was in fact the most extraordinarily biased and one-sided presentation that I and I expect many others have encountered.

There were so may errors, omissions, sneers and blatantly misleading suggestions - all leading to a complete lack of balance -  that no viewer, other than those who would already be knowledgeable about the case, had a hope of being able to form an impartial and informed view of the case.

One could write a book about the omissions made by the programme, but I will enumerate just some of these, and the errors and blatantly misleading suggestions, as I go through the repprt here below.


Quick summary of the report

First, here is the thrust of the Griffin report. Amanda Knox and Raffaele Sollecito are the victims of a rush to judgement by an obsessive prosecutor, some circumstantial evidence,  a discredited star witness, wrong media reports, and limited scientific evidence that is inconclusive and unreliable.

Oh and there was some nasty behaviour, inducing a false confession, by the police towards Amanda which mirrored the nasty behaviour that had terrified the novelist Doug Preston whilst he was in Italy preparing for his book “the Monster of Florence”. 

And most, if not all, of this was the fault of the Public Prosecutor, Mignini.  The foregoing is also the basic thrust of the Amanda Knox PR campaign which has been repeated over and over again elsewhere.

There were a mere poor fleeting cursory images of the real victim, Meredith Kercher, and maybe three or four dozen highly manipulative images of Knox and her siblings (see several here) going back to when they were tots.

Apart from Dr Hampikian of the Idaho Innocence Project, Doug Preston, and Mignini, and a cameo non-contentious appearance from Meredith’s lawyer, all of the contributors were family or close family friends. None of the defence lawyers partook, perhaps expecting the embarrassing worst, which was duly delivered.

Meredith’s family and friends were not even mentioned, let alone interviewed by Drew Griffin.



Reactions of the prosecutor of the case

CNN interviewed many, with almost endless montages of a young Knox, to attempt to undermine the case.

Although there are dozens of lawyers and experts and reporters that could explain why in the first round Knox and Sollecito were unanimously found guilty, Griffin unprofessionally chose to interview only ONE for that side of the case. He was Mr Giuliano Mignini, one of the two prosecutors on the case, who speaks no English and was thus easy for Griffin to condescend to and seriously mischaracterize.  (A full transcript of that interview, translated, will be our next post; be prepared for surprises Drew Griffin clearly wanted to hide.) 

I thought that Mr Mignini dealt with Drew Griffin’s unbelieving and cynical stare and his loaded and intentionally unsettling questions ( to which I shall later refer) quite well in the circumstances, since it was obvious right from the start that the unprofessional Drew Griffin was setting him up. At least he dealt with the situation gracefully, and at times even with a little amusement.

As a taster, the first question thrown at him was “Is Amanda Knox evil?”  The prosecutor shifted in his seat, thought about this philosophical question for a bit, and then wisely decided to ignore it.





Points of error and omission in the report in the order in which they arise

(1) The most vital document on the case of all, a 427 page judgment on Knox and Sollecito known as the Massei Report, which can be viewed via the link at the top here, was not mentioned at all.  It seems that neither Drew Griffin nor any of the programme’s producers have ever cast an eye over this document. If they have, they have blithely ignored it. 

The Report contains a detailed resume of the evidence presented at Amanda’s trial and the jurors’ evaluation of it.  It does not cover all the evidence that was heard by the court, which was huge, but certainly that sufficient to warrant the verdicts that were handed down.

There are also at least two other vital documents, also ignored, which all set the stage for the present mandatory appeal. They are the Micheli report on Rudy Guede’s judgment, and a recent Supreme Court report endorsing that report and accepting that there were THREE perpetrators of the crime.


(2) There was a photograph of the cottage. In fact, in all there were seven still shots of the cottage, and two showings of a film of the cottage, taken from a vehicle approaching along the road outside from right to left, from east to west.

All had one glaring omission in common.

None showed the west side of the cottage with Filomena’s bedroom window through which Rudy Guede is supposed to have broken in. That this was blatantly intentional was demonstrated by the editing of the film which cut out just as the side of the cottage with the window was coming in to view.


(3) The staging of the break in was a crucial piece of evidence against Amanda Knox dealt with at some considerable length in the Massei Report. Quite apart from that, it is evident from a simple inspection that the climb up to the window would have been extremely difficult and dangerous for even an athletic burglar and indeed there is much evidence that this was not attempted (Massei).

It would have been far simpler for Rudy Guede, a frequent visitor to the boy’s flat on the lower floor of the cottage, to have broken into the girls’ flat via the balcony (as seen in the still shots) on the other side of the cottage. He could have done that unseen and unheard in well under one minute.

The glass window was not shattered by a rock thrown from the outside, because the clothing tossed inside the bedroom had glass on top of it, which in itself is hard evidence that the break-in was staged.  That such a break-in was highly improbable was demonstrated by an attempt by the defence to reconstruct the climb up to the windowt that failed miserably. 

The only person who could have had an interest in staging a burglary would be one of the occupants of the flat. This is a sore point for Amanda’s supporters, amongst whom I must now assume are Drew Griffin and the producers of Murder Abroad.





(4) It was good to hear from Dr Hampikian that the “police did a good job in processing the crime scene and collecting evidence”.  Unlikely that on the basis of this observation he will be making any submissioms to the two independent DNA experts appointed by the court to review the DNA evidence concerning the knife and the bra clasp. Particularly as his other observations were quite ludicrous or fell outside his field of expertise.

Consider this: “They didn’t like the way Amanda behaved, whatever that means, and so they wanted to investigate her, and Raffaele and her boss. When the DNA is finally processed it is not any of their suspects. And so what do you do? What would you do?  [laughing] You let them go.”

Really?

Can he, you, or anyone else, think of a police force anywhere in the world which would want to release a suspect in circumstances where a staged burglary, inappropriate behaviour and language pointing to an insider’s knowledge as to the circumstances and manner of the victim’s death, an alibi that no longer held up, and the framing of an innocent man for murder, clearly points to her involvement. 

In addition there was early evidence of Amanda’s blood in the bathroom next to the Meredith’s bedroom, as a drop on the sink faucet and mixed with Meredith’s blood elsewhere. Contrary to Dr Hampikian’s contention (and he is not a lawyer) there was sufficient evidence to charge or at least prefer a holding charge pending further investigation. This happens frequently in the USA and UK. In addition Dr Stefanoni was aware that there was further evidence to be collected from the crime scene.

In murder cases suspects are very rarely released on bail for fear that they may abscond. Particularly a suspect who is not resident in the country.

A question for Dr Hampikian.  How would you like it if a suspect in the murder of your daughter was granted police bail and skipped the country to return home and evade justice? Make no mistake about it. That is what would have happened.


(5) The DNA evidence was not finally processed, as Dr Hampikian knows, until after the final DNA evidence was collected on the 18th December, weeks after Amanda’s arrest. That was when the bra clasp was collected together with samples from traces identified by luminol. That delay was entirely attributable to the necessity of having to arrange for the defence lawyers and experts to be present to collect further samples, and not incompetence on the part of police or prosecution.

“Forensic expert Greg Hampikian says finding DNA (Amanda’s and Meredith’s) but no blood makes it highly unlikely that the knife was used in a bloody murder. He also says it is surprising that the prosecutor was even allowed to admit such a small unexplainable sample (Meredith’s on the blade) as evidence.” “Would this have made it into a US court? I don’t think it would have made it into a US lab report”.

Not make it into a lab report? Is he trying to be funny?


(6) Well there is the evidence of the police that the knife smelt heavily of bleach which, with its particular size and the fact that it looked so clean, was what made them interested in it. How many people wipe down an item of kitchen cutlery with bleach? I do not know but in my lifetime I have never known anybody do this. Washing up liquid works just fine for me.

Dr Hampikian is of course referring to the Low Copy Number (cell count) DNA reading but the fact is that the graph produced by the DNA electropherogram was a clear match for Meredith’s DNA profile.

Dr Hampikian might be interested to know that LCN DNA is admissible in evidence in at least one jurisdiction in the USA and there is growing support for it with the advances in DNA forensics. The majority of the experts who testified at the trial said that it was clearly Meredith’s DNA.


(7) Furthermore Raffaele explained the existence of the sample by saying that he had accidently pricked Meredith with the knife whilst cooking at his flat. Untrue.  Amanda herself testified that Meredith had never been to Raffaele’s flat, and there was no evidence that she had. Nor was there any evidence or suggestion that, prior to the murder, the knife had been to the girl’s cottage.This evidence would in most courts make the DNA evidence admissible.


(8)  Dr Hampikian again, on the bra clasp (with Raffaele’s DNA on it) ““ “If that’s all there is it’s a very weak piece of evidence”. “And it’s inconsistent with every other piece of evidence in the case”.

Well, there is the bloody footprint on the bathroom mat which the trial court accepted as being consistent with Raffaele’s footprint rather than Rudy Guede or, for that matter, Amanda. As to the DNA on the bra clasp this was, in forensic terms, an abundant amount, and no one, but no-one, has disputed that this was Raffaele’s DNA.

Perhaps Dr Hampikian can explain how Sollecito’s DNA comes to be there considering that his DNA was not found anywhere else in the flat (other than on a cigarette stub in the kitchen and on Meredith’s door handle) in a quantity even close to the amount found on the bra clasp?

He was clearly advancing the lone wolf theory espoused by Amanda knox supporters given that Guede’s DNA was found in Meredith’s room and on her person. Funny how that DNA evidence is accepted by them but the bra clasp DNA is not. As a forensic biologist perhaps he might also want to comment on the fact that ““


(9) There was not one single trace of evidence, DNA, fingerprint, footprint or otherwise, relating to Guede found on the window sill, window, glass, or any item located in, or anywhere else in, Filomena’s room. And yet a mixed sample of Amanda’s and Meredith’s DNA was found on the floor there. Explain that! 

Without question Dr Hampikian’s soundbite contributions to the program were scientifically very inept for someone in his position, but I am sure that he knew what he was doing.




(10) Drew Griffin’s loaded, error strewn and unsubstantiated commentary continued -

  • DG: Amanda was “confronted (by the police) with evidence of criminal activity which the police didn’t have.”

Amanda was questioned by the police as a witness in the immediate aftermath of the discovery of the murder along with others such as her flatmates Filomena and Laura, and Raffaele and three of Meredith’s English girlfriends. These were not interrogations. The questioning of Amanda for 52 hours (suggesting intensive interrogation) as mentioned by her father at the beginning is an exaggeration if not a fabrication. 

Amanda was questioned (interrogated, if you like) at the police station on the 5th November from around 11.30pm to 1.45 am when the questioning stopped because she had become a formal suspect due to her disclosure that she had been at the cottage when Meredith was being murdered by Patrick Lumumba. She was not questioned again other than in court.

A question for Drew Griffin.  “During the aforesaid period what evidence was she presented with that the police did not already have?” I, for one, do not know what he is talking about.

  • DG: “The case against Amanda Knox appears to be falling apart.”

Really?  News to me.

  • DG: “The tabloid press is beginning to tell a different story.”

Well, they are reporting (and sensationalising in some cases) developments (such as they are)  in the appeal.  But a different story?  Again news to me.

  • DG: “The case against Amanda Knox and Raffaele Sollecito seems to be hanging on two very small pieces of DNA evidence.”

Actually Drew, that’s what you would like people to think. It would be far more accurate to say that it is the validity of any defence that is hanging on this evidence, and that what crumbs they may be thrown as a result of the review will not really damage that evidence nor alter the soundness of the convictions.

There is plenty of other evidence, all omitted in this biased documentary.

(11) Drew Griffin next remarks: “Curatolo’s evidence was laughable”.

Really? In what way? He seems to have got the date and times and identifications right. Explain that. In fact whatever the appeal court now makes of his testimony there was nothing laughable about his evidence. He was indeed confused in parts but very clear that he saw Amanda Knox and Raffaele Sollecito arguing together in Grimana Square the night before the police and forensic teams arrived in the square and at the cottage.

The confusion that arose was that he introduced elements of Halloween (the night before that) including a costume he saw in his recollection of the said night. However he was also certain that it was not raining when he saw the two together. It did not rain on the night of the 1st November whereas it did on the night of the 31st October.

  • DG ““ “He revealed that he was under investigation by Mignini’s office at the exact moment he became his star witness.”

I sensed several slurs coming up and I was not wrong.

  • DG ““ “Did he get any favours?

Like what? The promise of a reduction in sentence? It looks like he didn’t.

  • DG ““ “So you believe the testimony of a homeless heroin dealer?”

Yes, for the reasons given. Drew, it does not matter what Mignini really believed or believes now. Testimony is heard and evaluated by the court not by prosecutors. Mignini is not heading the prosecution team on the appeal and he certainly has no influence otherwise on judges and jurors anyway.


(12) Another fatuous claim. “But almost immediately after the arrests Mignini had a problem. The third suspect, Patrick Lumumba had an airtight alibi. He was in his crowded bar that night. He could not have been involved.”


Actually the bar was not so crowded. Pretty empty really.  Patrick was fortunate that of the few customers who turned up one was a Swiss professor, Roman Mero, who travelled all the way back from Zurich to give police Lumumba’s airtight alibi. But for that Lumumba might have stayed in the frame-up longer thanks to Amanda. She did not ever admit to the police that she had lied about him.


(13) Another fatuous claim. “Knox stated that she was denied a translator when referring to her interrogation/arrest.”

Knox testified on the stand in June 2009 that she DID have a translator at that time, by the name of Anna Donnino.

(14) We then had the introduction of Doug Preston, co-author of “The Monster of Florence” (another inadvertent plug ““ sorry) whose book is in the planning stage for a movie with a star role for this financial donor to The Committee to Protect Journalists. Preston is to be played by George Clooney in the movie.

I do not intend to dwell on this section. It is irrelevant to the Murder of Meredith Kercher and to do so would be to give this pompous individual more of the self publicity he craves It’s sole purpose was to portray the Perugia police and in particular Mignini as arch villains. It might occur to many that Doug Preston has a financial interest in doing this.

We were treated to the following gems ““

“Police interrogated people brutally and extracted suspect confessions from them” (in the Monster of Florence case ““ sorry, another plug)

“I was terrified. I thought these people have the power to put me in prison for the rest of my life.”

Mr Preston obviously does not like having to answer questions or to have to account for himself. Well nobody does really but we are in wimp territory with Preston.

George Clooney could not possibly play such a wimp. Instead the scene in the movie will have to be “sexed up” with Mignini being portrayed as overbearing, obsessive, corrupt and demented.

Hardly the picture he presented in his interview - that is, the two hour long interview that was not shown.

It is not accurate to say the Preston has never returned to Italy as a result of his brush with Mignini. He has been back with Dateline NBC to tape a show on the Monster of Florence (4th and last plug!).





The following are some of the other facts omitted - all pursuant to testimony at the trial or verifiable from other easily obtainable sources. Take note first that there were extensive investigations by experts of cellphone and computer activity and their findings were admitted as evidence. Also it may be helpful to know that Meredith Kercher had two mobile phones, an Italian phone given to her by Filomena and her own UK phone.

These were stolen by her killers and discarded elsewhere. However they were found and handed in to the Postal Police who ascertained that the Italian phone was registered to Filomena and consequently two officers were dispatched to the cottage where they found Amanda and Raffaele.


(15) the fact that Amanda claimed that she returned to the cottage on her own at 10.30 am before the discovery of Meredith’s body to have a shower and collect a mop to clear up a spill of water at Raffaele’s flat the night before”“ which Massei found unlikely given that by her own testimony she had arranged with Raffaele to visit Gubbio that day and had testified that she had already had a shower at Raffaele’s the evening before; and furthermore that Raffaele employed a cleaner who kept a mop and cleaning equipment at his apartment block.


(16) the fact that cell phone records show that Amanda called Filomena at 12.08 pm (on the 2nd November) to report the front door being open, blood on the bathroom mat and Meredith’s door being locked.  She was at Raffaele’s flat at the time.  Filomena tells her to try Meredith’s phones. Records corroborate that Amanda did call each of Meredith’s phones in turn,

But these two calls lasted just 3 seconds and 4 seconds respectively. Does this sound like a genuine attempt to get hold of Meredith?  One also has to wonder why she did not attempt to call Meredith’s phones again once she and Raffaele had arrived together at the cottage when she might have assumed that they would be heard ringing in Meredith’s bedroom.


(17) the fact that Amanda and Raffaele claimed that Raffaele had called the carabinieri to report a burglary before the postal police arrived. This 112 call was later discovered as timed at 12.51 pm after the arrival of the postal police.


(18) the fact that Amanda told the postal police that Meredith always locked her bedroom door even when she went to the bathroom. This was flatly contradicted by Filomena who said that the only occasion when Meredith had ever locked her door was when she returned to visit her mother in England.


(19) the fact that when the postal police looked into Filomena’s bedroom Raffaele told them that nothing had been stolen. That was true - but why had he been so certain?


(20) the fact that Amanda telephoned her mother from the cottage at 12.47 pm (around 4 am in the morning Seattle time), before the discovery of the body. Why did Amanda wake her mother up in the middle of the night? Edda was subsequently puzzled as to why Amanda was unable to remember this call when, as she put it “Nothing had really happened”.

Amanda persisted even with her parents in denying the existence of the call, but then eventually said that she could not remember it. 

Edda says that Amanda mentioned in the call that there appeared to have been someone in the cottage, and that she told Amanda to call the police. Amanda did not mention, according to Edda, that the postal police were already there.


(21) the fact that in her 2,900 word e-mail home of the 4th November she professes to have been in a panic about Meredith’s locked door and her whereabouts (calling out her name, banging on her bedroom door, and running out on to the balcony and leaning over the rail and trying to look through Meredith’s bedroom window), but according to the witnesses exhibited no particular concern about Meredith when the postal police arrived, nor raised any concerns with them, rather quite the opposite, before the discovery of Meredith’s body.


(22) the fact that in the same e-mail she says that during her 10.30 am visit to the cottage she noticed the blood “smeared” on the sink faucet, drops in the sink and the bloody foot print on the bathmat. “Ew! but nothing to worry about” she says. She attributes the blood to perhaps Meredith having menstrual issues.Does that really make sense? A footprint in menstrual blood? Meredith? who was always so clean and tidy and who had admonished Amanda for her uncleanliness in the bathroom.


(23) the fact that she claims in the e-mail that Raffaelle tried to force Meredith’s door before the arrival of the postal police and failed, despite the fact that one of the other witnesses forced it quite easily.


(24) the fact that (if Amanda’s account of returning to the cottage at 10.30 am is to be believed) notwithstanding blood in the bathroom (which by Amanda’s own admission was not there when she left the cottage the day before), the front door being open, Meredith’s bedroom door being locked (when it was usual for it to be unlocked),and unflushed feces in the large bathroom toilet (which,she says, made her feel uncomfortable about the situation), Amanda did not think of attempting to contact Meredith by phone (on the assumption that she had gone out that morning) nor take a decision to notify anyone other than Raffaele for up to an hour and a half, until a 12.07 call to Meredith and the 12.08 phone call to Filomena. Does this seem credible?


(25) the fact that the 12.07 call was to Meredith’s UK phone and lasted 16 seconds but oddly she does not mention this call to Filomena seconds later. Nor, before calling Filomena, does she try Meredith’s italian phone. The italian phone was, Amanda knew, the phone Meredith used to make and receive local calls. Massei infers that there was no need to try Meredith’s italian phone because Amanda knew that both phones had been disposed of together. This explains why the first call (immediately prior to calling Filomena) was 16 seconds long (to check whether or not both phones had been found), and why the subsequent two calls (after the call to Filomena) were both very short.


(26) the fact that Filomena was worried enough to call Amanda twice at 12.12 (36 seconds) and at 12.20 (65 seconds) without Amanda picking up the calls.  Amanda did pick up the final call at 12.34. Why did she not answer the first two calls?


(27) the fact that Amanda told Meredith’s English friends at the police station details of the body and wounds, although but for a foot it was covered by a quilt and despite her not being in line of sight when the body was discovered, and not having been told any of these details by anyone afterwards.


(28) the fact that when 3 days after the murder Amanda, Filomena and Laura were requested by the police to accompany them to the cottage to check out some details, Amanda, on being shown a drawer of knives in the kitchen, appeared to have had a psychotic incident, putting her hands over her ears and trembling.


(29) the fact that Raffaelle told a British Sunday newspaper in an exclusive interview that on the night of the murder he was at a party with Amanda and not at his flat. He also said that Amanda had gone back to her own flat the next day at midday, and not at 10.30am as she claimed.


(30) the fact that having told the police that she had been with Raffaele all night on the 1st November, sleeping with him until 10.00 am the next morning, Raffaele then proceeded to destroy this alibi on the evening of the 5th November by telling the police that on that night Amanda had gone out and had not returned to his flat until 1 am.




(31) the fact that Raffaele’s own alibi was not corroborated by computer evidence. He claimed to have spent the night indoors, using his computer until late and then going to sleep. In fact all human interaction with the computer ceased at around 9.15 pm and the computer was not re-activated by him until 5.32 am the next morning when it was used for half an hour for music to be played.


(32) the fact that both Amanda’s and Raffaele’s mobiles were switched off sometime shortly after 8.42 pm and were not switched back on again until after 5.32am in the case of Raffaele who activated a text message his father had sent him late the previous night.


(33) the fact that Raffaele’s father had telephoned Raffaele at 8.42 pm and had testified that during the conversation his son told him that while he was washing the dishes he had noticed a leak of water on the floor. This times the dinner Amanda and Raffaele had together as being prior to this whereas Amanda had claimed first that dinner was a liitle after 9.15 pm and then again that it was quite late, perhaps 11 pm (close to the time that Meredith died).


(34) the fact that Amanda’s claim that she slept in until 10 am does not fit easily with the fact that Raffaele was playing music on his computer from 5.32 am nor with the evidence of Mr Quintaville, the food store owner, who says he saw Amanda when he was opening up his store at 7.45 am.


(35) the fact that Amanda and Raffaele were both using drugs. There were multiple corroborating statements to that effect.


(36) the fact that Amanda and Raffaele were constantly together ““ in a symbiotic relationship as Massei put it.


(37) the fact that Raffaele was a knife aficionado in the habit of carrying a pocket penknife. Indeed he was carrying one on him when he was interviewed at the police station on the 5th November.


(38) the fact that Raffaele watched animal porn videos and this so concerned his university that his subsequent behaviour was monitored.


(39) the fact that Raffaele posted a picture of himself on Facebook dressed up as a mummy carrying a butchers’ chopper.


(40) the fact that Amanda had also written a bizarre short story about the drugging and raping of a young girl which she had posted on her web page.


(41) the fact that Amanda and Raffaele have both suggested that the other might have committed the crime.


(42) the fact that when Rudy Guede was arrested Raffaele did not celebrate his pending imminent release but wrote in his diary that he worried that this man, whom he says he had never met, “might make up strange things about me”.


(43) the fact that there are two instances of Amanda’s DNA mixed with Meredith’s identified by luminol (a powerful presumptive test for blood); in the corridor and in Filomena’s bedroom.  The luminol also identified three footprints, one in Amanda’s bedroom and two in the corridor which tested positive for Meredith’s DNA, the footprints being comparable to the shape and size of Amanda’s right foot.


(44) the fact (as mentioned by me before but not in your programme) that Amanda’s blood was found in the bathroom. Amanda’s blood was on the washbasin faucet, and the mixed blood of Amanda and Meredith was in the washbasin, the bidet, and on the cottonbud box.


(45) the fact that not only was Raffaele’s DNA found on the bra clasp but that in the electropherogram chart there were ten out of sixteen loci having peaks corresponding to Amanda’s profile. Though this is not as decisive as the DNA result for Raffaele, it does give rise to the hypothesis that Amanda touched the bra clasp as well. Amanda’s defence team may consider themselves fortunate that the bra clasp can not be re-tested.


(46) the fact that a shoeprint on Meredith’s pillow was estimated in the area of size 37, or 38.  Amanda’s shoe size, not the other two.


(47) the fact that (according to Massei) the nature of the wounds and injuries sustained by Meredith ( who was a fit girl and who had trained in karate) meant that more than one attacker had to be present to inflict those ( knife wounds, strangulation, bruising to her lips and inner thighs) and to subdue her and attempt sexual intercourse.


(48) the fact that Massei also concluded from the wounds that there were at least two different knives used and that exhibit 36 (the knife on which Amanda’s and Meredith’s DNA was found) was compatible with the wound that ultimately caused her death through blood loss and asphyxiation.


(49) the fact that there were blood spots (from coughing up blood as a result of the fatal knife wound to the throat) on Meredith’s chest and bra. This and other evidence shows that her body was moved, and her bra and some other clothing removed after she had died or at least as she lay dying.This suggests that the evidence of a sex attack is, in part at least, staged.


(50) the fact that there was a footprint (Raffaele’s)  in Meredith’s blood on the bathmat but none leading from Meredith’s room to the bathroom. Highly suggestive, if not proof, that there had been a clean up operation.


(51) the fact that the discovery of Amanda’s arced reading lamp in an upright position on Meredith’s bedroom floor (as if for close inspection) is also highly suggestive of a staging or clean up operation.


(52) the fact that Meredith’s stolen mobile phones were found in a garden within a few hundred yards of Guede’s and Raffaele’s apartments. The apartments are within 30 seconds walking distance of each other, much closer to each other than either are to the girl’s cottage.


(53) the fact that the other two girl occupants with keys to the flat had rock solid alibis whereas Amanda had not.


(54) the fact that according to witnesses the relationship between Meredith and Amanda had started out well enough but had started to deteriorate, be it over petty things.


(55) the fact that the placing of a duvet over Meredith’s corpse is indicative of some relationship between Meredith and her killer.





Some conclusions on the case and Griffin report

Most of the foregoing may be circumstantial evidence, but taken together it is powerful circumstantial evidence, more than enough to secure a conviction in any court in the USA.


Who would have the motive to stage a break in, stage further evidence of sexual assault for an invesigator’s benefit, carry out a partial clean up, and lock the victim’s bedroom door? 

Curatolo’s evidence that he saw Amanda and Raffaele in Grimana Square, a few metres away from the cottage, having what appeared to be a heated argument,  at various times between 9.30pm and 11.pm, is helpful to the prosecution case but by no means essential.

All the emphasis on the admittedly unhelpful and salacious tabloid newspaper reporting is irrelevant. It is a distraction.

In addition Rudy Guede, in his evidence, did indeed implicate Amanda Knox (starting well before the Italian police got their hands on him), and all the evidence from his fast track trial and appeals is now part of the evidence to be considered in the current appeal.

I think that the Italian Justice system would resent the insinuation in the programme that Guede received a reduced sentence because he was co-operative with the police and prosecution in implicating Amanda.

It should be noted that if Mignini, in his alleged rush to judgement, got things seriously wrong, then he would have had to manipulate the evidence of the prosecution witnesses to fit his erroneous hypothesis. A grand conspiracy! -  a laughable hypothesis. The following is a list of such witnesses. It is indicative, not exhaustive.

Filomena Romanelli, Marco Zarelli, Paola Grande, Laura Mezetti, Luca Altieri, Inspector Battistelli (Postal Police), Monica Napoleoni (Head of Perugia Murder Squad), Sophie Purton, Robyn Butterworth, Amy Frost, Jovana Popovic, Antonio Curatolo, Marco Quintavalle, Nara Capezzali, Antonella Monacchia, Inspector Finzi, Superintendent Gubbiotti, Commissioner Bartolozzi, Marco Trotta, Claudio Trifici, Gregory Mirco, Dr Luca Lalli, Chief Inspector Latella, Dr Profazio, Dr Patrizia Stefanoni (Police Forensic Service in Rome and prosecution DNA expert), and Dr Torricelli (DNA expert for the Kercher family).

This particular murder case is unusual not just in the interest it has generated worldwide but also to the extent to which it has been discussed and argued over on the internet and in the manner in which on occasions it has been presented (rather than reported on) in the media. It is also unusual that the family of one of the accused has not only taken part in such activity but has hired a public relations firm to help bring this about.

There have been a number of books already but I predict that in future a number of these, and the media generally, will also deal with these additional features of the case in some detail.

Sadly for CNN I expect that “Murder Abroad ““ The Amanda Knox Story” will often be quoted and held up as an example of how bad things got.

I dare say you are free to broadcast what you like and perhaps Drew Griffin’s presentation wrought an overpowering sense of injustice in viewers and improved ratings.

With hindsight, however, I am sure that CNN will regret this shoddy little “documentary”.

It would be nice to think, when Amanda’s conviction is upheld, that CNN will broadcast a detailed corrective documentary. I look forward to hearing from you.

Yours etc

James Raper

c/o True Justice for Meredith Kercher


Committee To Protect Journalists Responds, But Provides No List Of Sources Or Interview Transcripts

Posted by Peter Quennell


Click above for the response by Nina Ognianova. Comments are open below that CPJ post and both Kermit and Doug Preston have taken advantage, Kermit gracefully, Preston petulantly..

Nina Ognianova does not address Kermit’s contentions, though she did link to TJMK, and really responds only in broad generalties. She still leaves standing the smears of Giuliano Mignini and other Italian officials that the Committee to Protect Journalists chose to broadcast globally. 

We can find zero evidence that CPJ interviewed anyone in Perugia, except presumably for the strenuously anonymous blogger “Frank Sfarzo”  (real name Sforza) who the CPJ may actually realize now is not a real journalist and who posts mostly mischievous nonsense under an assumed name. 

Nina Ognianova does not explain why neither Mr Mignini not anyone in the police or judiciary were interviewed before the CPJ smeared Mr Mignini in an open letter sent to Italy’s President and a number of other notables worldwide.

There’s been good commenting starting about here about this already on PMF where some are warming to the idea of a public hearing in Perugia (“Frank Sfarzo” goes on trial early in May)

Maybe “Frank Sfarzo” and Doug Preston can be made to finally put up or shut up. This may not be the result the hornswoggled Joel Simon was intended to deliver..


The Second Misleading New York Times Comment On The Case By Egan

Posted by Skeptical Bystander



No prizes for guessing that this is Italy’s wonderful Venice.

1. Seattle-ite Egan Gets It Bady Wrong, Again

Timothy Egan of the New York Times came back with a follow-up justification to his first post.

The cat was out of the bag at that point, of course, and the first post was being widely ridiculed as untrue and unfair both in the US and in Italy.

Egan’s second post makes me wonder if he actually even read the comments under his first post before firing off his second round. It also makes me wonder if Egan has any idea of how badly his “contribution” was received in Italy, let alone why.

Frankly, I was surprised that a “Pulitzer prize winning” journalist would make these basic mistakes and write such a shockingly bad article to boot.

I posted this NY Times comment on that second post addressed at his first piece, lamenting the number of basic factual mistakes he made, though without enumerating all of them.

From memory, there are at least five major errors in Egan’s blog entry still not corrected

1. Egan claims that no translator was present for the Nov 5 questioning. This is false. Granted, Edda Mellas and others have made this false claim on the record, repeatedly, even after the Italian police formally challenged it. (Note to Egan: check the CNN world news website once in awhile.) Finally, Edda and others had to change their tune in light of the undisputed facts, but they did so by shifting the claim from no interpreter to no “professional” interpreter. This too turns out to be false. How can Egan continue to claim that no interpreter was present when at three were called upon by the prosecution to testify under oath as witnesses to the session of questioning where Egan wants us to believe there were no interpreters? Incidentally, they—like all of the other relevant witnesses—have stated under oath the Knox was not physically abused or maltreated. Conversely and as a reminder, Knox is not testifying under oath.

2. Egan also claims that there is forensic evidence against Guede only, and not the other two suspects. This, as everyone else except official FOA spokespeople know, is false. For anyone who is interested in knowing what it is, this non-profit website would be a good place to start. It is too bad that Mr. Egan did not do more than just consult the new afterword to Doug Preston’s Monster of Florence book. In fact, Egan’s blog entry serves as a friendly review in a way.

3. Egan stated that a 6-person jury, with two judges among them, would decide the fate of Knox and Sollecito. Ii shows Egan’s sweeping and sweepingly ignorant indictment of the Italian criminal justice system. In fact, the correct numbers are 6 lay jurors and 2 judges, for a total of 8 individuals - and thereafter two automatic appeals. Does this make a difference? Only insofar as it is definitely better to demonstrate a grasp of the basics of the system one seeks to criticize. Instead of quoting Rachel Donadio, who was in fact talking about Italy’s Prime Minister, Egan would have been better off trying Wikipedia or, better still, a comparative law website. There are tons of them out there.

4. Egan states that Amanda Knox only suggested that Patrick Lumumba maybe killed Meredith Kercher. In fact, Knox did far more than that. She firmly accused him of killing her roommate, twice orally, and then three times in writing. The written statements were not coerced, and testimony from half a dozen other people (again, under oath) refutes Knox’s claim that her oral accusation was coerced. An investigation is underway, ordered by one of the two prosecutors. In fact, Knox admitted on the stand that her third written statement was not made because she was hit - it was a “gift” to the police who supposedly tortured her, whatever that means!

5. Egan failed to point out that two prosecutors are working side by side on this case. If Mignini has to step down because of the verdict in a pending matter, the case will go forward in the able hands of Manuela Comodi who is handling more than half the testimony. I hear she is clean as a whistle: not so much as a slap on the wrist during her career. Instead of just repeating what Doug Preston writes, Egan could have told us in more detail about the charge pending against Prosecutor Mignini.


2.  Enabled By Heavey, Bremner and Ciolino

Allegedly, some individuals—like Paul Ciolino, whom Egan quotes in his rebuttal (?) entry—speak of a “pattern” of misconduct, but I have been unable to find any other example of possible “abuse of office” except for the one related to the Monster of Florence case.

Wouldn’t it be great if an investigative journalist of Pulitzer prize caliber were to take the time to find out what the facts are in the longstanding feud between Mignini and Spezi, Doug Preston’s friend and associate? That would really add substance to this fake debate.

Paul Ciolino’s paid work for 48 Hours on this very case has been laughably poor. Forgive me for not taking the time to count the ways.

In a Seattle fundraiser for Knox he stated that legal experts in the US and Italy believe Mignini is “mentally unstable”.

What this really boils down to is the following: one quote in Italian by an Italian judge that was taken out of context (that’s the Italian legal expert (singular)), and statements made by two people from the Seattle legal community, Anne Bremner and Judge Michael Heavey, who have never set foot in an Italian courtroom but who happen to be members of FOA (Friends of Amanda).

Heavey, a neighbor of Knox’s, actually wrote a letter to the authorities in Italy asking for a change of venue. That letter ““ which incidentally was written on Heavey’s official Superior Court Judge letterhead—was so full of errors, and was so embarrassing to Knox’s own defense team, that Heavey is said to have written a second letter in apology.

The first letter, after being prominently displayed on Anne Bremner’s website, was then quietly removed. As if it had never existed. Never apologize, never explain, as Flaubert said. Where is that letter of apology? Why is it not displayed on Bremner’s website? Was it too written on official letterhead? As a King County taxpayer, I’d sure like to know.

Where are those Pulitzer Prize winning journalists when you need them?


CBS Reporter’s Bizarre Claims About Prosecutor And Reporters

Posted by Skeptical Bystander





Peter Van Sant of CBS is the slightly confused-looking reporter in the images above and below.

In promoting his “48 Hours” report tonight, which by all accounts seems intent on equaling CBS’s record for worst report on the case, Mr Van Sant has come out with an interview which is an absolute classic for how not to do such things.

First, consider Mr Van Sant’s remarks about one of the prosecutors in the case. 

As for the accusation that Kercher was killed over a sex game, Van Sant cites an Italian blogger for putting that notion into the prosecutor’s mind. Van Sant said the blogger claims that she speaks to a dead priest who tells her what happened at crime scenes.

The blogger told the main prosecutor in the Knox trial, Giuliano Minnini (sic), that this was a satanic sex game and that’s how the theory started, Van Sant said.

Sliming of a prosecutor in this fashion has already been strongly protested against by Amanda Knox’s own defense team.

And the prosecutor in question, one of two (real name: Mignini), many weeks ago made clear that he had NOT listened to the Rome blogger (had locked her up in fact), is NOT especially pushing any particular theory of motive for the crime, is NOT especially central to the continued momentum of the trial - and has actually started a lawsuit against PRECISELY this kind of libel!

Second, consider Mr Van Sant’s remarks about the reporting of the case.

Among the many (actually rather neutral and non-inflammatory) journalists on the case that Mr Van Sant seems intent on sliming is of course Andrea Vogt of the Seattle PI. He all but refers to her by name and it seems rather obvious who he had in mind.

Ms Vogt is the reporter from the Pacific Northwest who is based in Bologna, Italy and who has been covering this case for the Seattle PI for over a year. Many observers have been impressed with her thorough, objective and factual reporting, particularly since the trial phase began.

Anyone who has been following the case knows how non-objective and pro-defense much of the reporting has been in the US, and how much fluffy air time has actually been arranged by the family-hired PR firm Marriott and company.

So the particular focus of Mr Van Sant’s criticism is really surprising. After claiming that Italy has the most irresponsible tabloid press on the planet and that local Seattle papers like the Times and the PI can’t afford to send reporters to Italy to cover the story, he explained that they hire “stringers”. Apparently these stringers simply translate articles from the Italian tabloids into English and, via the local newspaper circuit which publishes them, they get recycled and become legitimate news.

Mr Van Sant actually uses the terms “filtered” or “laundered”, as if he were talking about Mafia money being invested in life insurance policies.

The Seattle PI has enough problems without having to deal with this irresponsible and possibly defamatory remark. And Andrea Vogt, who to our knowledge is the only “stringer” working on this case who is filing stories for the PI, has been providing some of the best coverage of this case to US readers.

There are many good reasons for this: Ms Vogt is fluent in Italian and lives in Italy for much of the year; and she is a talented writer and an intelligent reporter. But most important, she has been making the trek from Bologna to Perugia and back, and spending Fridays and Saturdays in the courtroom for hours on end.

She recently wrote a piece on the mood in Seattle for Panorama, an Italian publication. For that article, she interviewed people in Seattle—including friends of Amanda Knox.

I would imagine that as soon as each daylong court session ends, she sits down - like the other serious reporters covering this case - and tries to turn out a fair and accurate report of the day’s event under very tight deadlines. Her reporting for the PI has been excellent and fair.

It is not only unfair, it is also dishonest to imply that Andrea Vogt is translating Italian tabloids and trying to pass it off as original reporting. If this interview with Mr Van Sant is any indication, then CBS viewers tonight may be in for an evening of fiction.

In which case, I think I’ll watch “The Greatest Story Ever Told” or “The Sound of Music” instead. Closer to reality than is CBS….