Category: The defenses
Tomorrow Could See The Beginning Of The End Of The Rampaging “Public Relations” Campaign
Posted by Peter Quennell
Tomorrow the court probably wont touch directly on issues of Sollecito’s and Knox’s innocence or guilt.
Instead the court under a Supreme Court requirement will get into the myriad dirty tricks of the defenses, why such campaigns had to be run if the accused perps had no blame, how the mafia is infiltrating its way in, and maybe some hard evidence of real crimes.
The three shown above are of course defense lawyer Giulia Bongiorno, Judge Hellmann, and Francesco, Sollecito’s dad.
Bongiorno may have offered bribes for false testimony, tame judge Hellmann may have attempted to cover up evidence of crimes (those bribes), and Papa Doc may have been over-eager to get his son out of prison by any means fair or foul.
Except for Luciano Aviello’s photo, which has never yet appeared on the web, as he had that protection as a jailhouse snitch, we have had a pretty comprehensive series of posts about him starting back in June 2010. These seven are perhaps the most key.
- His initial claims about alternate murderers; and his life history.
- Prosecution disbelieves him, and searches his prison cell.
- Prosecution know a lot about Aviello, and are loaded for bear.
- How Aviello is expected to appear (or not appear) in court.
- Why Aviello wanted money: his cellmates explain all.
- Reports of suspected witness tampering by the Sollecito family
- Start of Aviello’s trial in Florence for perjury and contempt of court.
Note that NOBODY knows exactly what the prosecution has up its sleeves. The FOA wannabees still don’t realize what a huge jump the prosecution has on them. It plays its cards very close to the chest.
Going back a very long time the prosecution appear to have set a number of traps. Back in 2010 it knew Hellmann’s presence at the appeal had been quietly organized by the defense. It knew that the Supreme Court understood that Guede could not have killed Meredith on his own.
And it knew that Aviello was a walking time-bomb and knew how to set him off. And all of the three above seem to have unwittingly walked into that trap.
Of course there is no way that the court closes the book on Aviello tomorrow, because his own trial in Florence under the same prosecutor’s office is still going on. There is immense pressure on Aviello to come clean and not end up inside yet again.
All three above could be called to give testimony at his trial. And he could pave the way to all three facing trials of their own.
Alarm Bells Ignored: Overconfident PR And Lawyers May Have Led To That Shock At Cassation Outcome
Posted by Our Main Posters
Amanda Knox has seemed to us more stunned than confident since she got out of Capanne. Her father mentioned that she was not given the whole picture there.
But we have been surprised in recent weeks at how the defense lawyers and spokesmen and especially Raffaele Sollecito and Giulia Bongoirno and Carlo Dalla Vedova and the PR flunkies were seemingly seeing the Supreme Court appeal as a forgone conclusion in their favor, a blip requiring no change in the end game.
Here are 20 warning bells that we think they might have missed or heard wrongly which contributed to a shocked and ill-prepared reaction to the Cassation ruling, and each of which a team of hard-nosed lawyers not befuddled by PR might have heard and responded to quite differently.
- 1. The Italian media in 2007-2008 in fact did not blow the case and Knox herself out of all proportion. Most of the lurid headlines appeared in the UK press where they had zero effect on the 2009 jury. There really was a hard case to answer.
2. The British and American media mostly came to be manipulated on the lines Barbie Nadeau’s book described, which meant a big contrast opened up between hard Italian reporting and fantastical UK and US reporting.
3. The Knox and Sollecito teams shrugged off a short-form trial in October 2008 at which point they might have pleaded that Meredith’s murder was not intended and drugs and mental quirks had resulted in a terrible but unintended outcome, perhaps providing relief both for themselves and Meredith’s family.
4. The prosecution part of the trial in 2009 was in fact, contrary to frequent illusory claims, fast and comprehensive and decisive, and it may have been at the end of that phase that the jury was already ready to vote guilty.
5. The defense part of the trial was far less successful with Amanda Knox on the stand suggesting to Italians that she was cold-blooded and uncaring, and from then on the defenses were desultory and dispirited with no strong points ever landed. Several days one or other of them failed to show.
6. The prosecution summation at end of trial was extremely powerful and included in it was a very convincing 15-minute crime-scene recreation video (never released to the public) which accounted for all the marks and stains in Meredith’s room and on her body by an attack group of three.
7. The Massei report, again contrary to frequent illusory claims later, was considered by those familiar with such reports a model of good logic and reasonable assumptions. It laid out and connected hundreds of evidence points which in a normal appeal process would have been unassailable.
8. The 2011 appeal did not happen because Massei was riddled with legal errors and wrong assumptions, which would have been the criteria for any British or American judge to agree to such an appeal. It happened solely because, unique to Italy, such appeals are automatic if demanded, resulting in a huge number of appeals on weak grounds.
9. Italy does not have a terrible record of trial reversals as some claim. It has a record of fine-tuning and adjustments of thousands of appeals by appeal juries seemingly wishing to prove that they are being diligent. Cassation is aware of this quirky systemic effect, and it often bounces back appeal outcomes to dead center.
10. It had appeared that the PR effort was joined by a lot of influential “heavies” including MP Girlanda, Judge Heavey, Senator Cantwell, Joel Simon of CPJ, and the billionaire Donald Trump. Most had limited positive effect in the US and less in Italy, and have been quiet since the Cassation ruling.
11. Judge Hellmann was a surprise replacement for Judge Chiari, then the able and experienced head of the criminal division. (He resigned over this.) Judge Hellmann, a good civil judge, had very limited criminal-case experience. Chief Judge De Nunzio has not explained why he replaced Chiari .
12. The scope of appeals is carefully laid out in the Italian judicial code, and they are not to be repeat trials with overall reconsideration of all evidence and al witnesses only absent the careful presentation process and cross-examination at trial. In the US or UK the defense grounds for appeal might simply have been rejected.
13. Prosecutor Mignini was provisionally convicted in March 2011 of abuse of office, but careful examination would have revealed that the grounds were spurious and he had no need of a conviction in this case. Cassation in the past month has killed his own case terminally and chastized those who brought it.
14. Incriminating DNA was found in Meredith’s room and also outside it in many locations, and also on a knife in Sollecito’s apartment. DNA consultants were “illegally” appointed who muddied the waters but decisively disproved none of it.
15. The Supreme Court is on record as deciding that three perpetrators attacked Meredith. The defenses never set out to prove Guede was a lone wolf attacker, for a long list of reasons, and they failed to prove that jailhouse witnesses Alessi and Aviello had pointed out credible alternatives.
16. The Hellmann-Zanetti report surprised a majority of Italian lawyers who read it for its passion and broad scope and tendentious logic, and for misunderstanding certain key legal concepts. Some instantly saw it as having feet of clay, and a pretty sure candidate for reversal.
17. The significance of Chief Prosecutor Dr Galati in the process seemed seriously discounted. UK and US media mostly ignored his appointment and where he came from, which was in fact Cassation in Rome where he was a highly effective Deputy Chief Prosecutor.
18. The Galati appeal itself was extremely competent and hard line and targeted the Hellmann appeal outcome in several levels or layers in a total of ten points. It is one of the toughest and most sweeping appeals ever filed in Italy, and in the US or UK alarm bells really would have gone off at this one.
19. Sollecito’s book was seemingly okayed by his lawyers, although it causes them major complications in three respects: it introduces new “facts” which contradict his own defense; it derides Italian officials and accuses them of crimes; and it looks like a seedy attempt to make money out of a crime for which the writer is still on trial.
20. While Sollecito had been acting happily oblivious and super-confident in recent months, he has added to Amanda Knox’s own problems by semi selling her out in his book, and by waking the new 800 pound gorilla of contempt of court prosecutions for not respecting the judicial process.
It may not surprise you to learn that Giulia Bongiorno has not had a very winning record at Cassation, and as far as we know the other lawyers have no experience of winning there at all.
Witness Tampering By Defenses? Investigations Launched After Witness Aviello U-Turns
Posted by Peter Quennell
To whom Aviello now points a finger
1. Witness Aviello’s U-Turn
Sources tell us they believe Vanessa Sollecito and her family are again under investigation, this time possibly with Sollecito’s defense lawyers.
The investigation was said to be sparked by the specific claims of Luciano Aviello yesterday under oath before a magistrate in Capanne Prison that Vanessa Sollecito paid him 30,000 Euros for his testimony on June 18 with Sollecito’s counsel in the loop.
2. Aviello’s Testimony 18 June
We repeat here a summary already posted of what Luciano Aveillo testified to on 18 June by Will Savive:
Another prison inmate Luciano Aviello [42] who has served 17 years in jail after being convicted of being a member of the Naples-based Camorra, testified today that his brother Antonio and his colleague had killed Meredith while attempting to steal a “valuable painting.”
Aviello said that the Albanian (who offered his brother “work” in the form of a robbery) had inadvertently jotted down the wrong address, and they instead went to the house where Kercher and Knox were living, and they were surprised by Meredith’s appearance. According to Aviello, his brother and the Albanian man then committed the murder and fled.
Aviello is from Naples, but was living in Perugia at the time of the murder. He claims that his brother, who is currently on the run, was staying with him in late 2007 and on the night of the murder he returned home with an injury to his right arm and his jacket covered in blood.
Flanked by two prison guards, Aviello described how his brother had entered the house Meredith shared with Knox and had been looking for the painting when they were disturbed by a woman “wearing a dressing gown.” So many convicts, which one to believe, if any?
“My brother told me that he had put his hand to her mouth but she had struggled,” Aviello testified. “He said he got the knife and stabbed her before they had run off. He said he had also smashed a window to simulate a break in.”
Aviello said his brother had hidden the knife, along with a set of keys his brother had used to enter the house. “Inside me I know that a miscarriage of justice has taken place,” he asserted. Consequently, Aviello had been in the same jail as Sollecito and had told him: “I believe in your innocence.”
3. New Aviello Claims 26 July
In light of the betrayal by his cellmates, Luciano Aviello now states that all of this above was fiction.
There were no hidden keys, and no knife, and his brother was not living in Perugia at that time.
Here is a translation by our main poster ZiaK of one of the most comprehensive reports of what Aviello now says. We’ve added the emphasis to key passages..
“I lied following agreement with Sollecito’s lawyers in exchange for money”
Aviello claims he received 30 thousand euros in exchange for his testimony
Published 27/7/11
by Francesca Marruco
After having received notice that investigations had been completed by the Perugia prosecutor, the ex supergrass (state’s evidence), Luciano Aviello, requested and was granted a hearing with the Perugia prosecutors.
Last Friday in Capanne prison, the witness who had been brought into the court case by Amanda Knox’s defence team admitted - in a roundabout way - to Dr Manuela Comodi that everything he had declared was false: that it was false and had been agreed with Raffaele Sollecito’s lawyers in order to create confusion in the case.
He denied all the statements he had made in court. Luciano Aviello, who had told the judges of the Assize court that Meredith had been killed by his brother and that he himself had hidden the knife with which she was killed as well as the keys of the via della Pergola house, told the assistant prosecutor, Manuela Comodi - who, together with her collegue Giuliano Mignini, was in charge of the investigations into the death of Meredith Kercher - that he recanted everything he had previously declared.
His brother had nothing to do with it, he had never hidden any knife nor any bunch of keys. And he had never lived in Perugia - as he had stated in court before the judges.
Aviello: “Nothing is true, and it was all by agreement.” As to why he had told this flood of whoppers, he gave his explanation in fits and starts in over 80 pages of court records.
It was from a desire to help someone he had met in jail, and whom he loved - Raffaele Sollecito - by means of his lawyers, some of his family, and one of Amanda Knox’s lawyers, who apparently went to the Alba jail to hear him in order to deflect suspicion from Sollecito’s team.
Aviello heavily accused Sollecito’s lawyers and sister [Vanessa]. He said that it had been Vanessa who had delivered the 30,000 euros to an acquaintance of his in Naples, who was to act as a go-between. The money was to be found in an apartment in Turin which the Perugia police will check.
Aviello declared himself as being willing to appear in court and repeat everything before the appeal judges of the court of Assizes.
His first motives and his current ones:
The reasons for which he had agreed to tell these lies, according to what he told the prosecutor, was that he had been assured that the Perugian prosecutors would not investigate him - contrary to what had in fact happened - and that he was fond of Raffaele Sollecito.
And also because he was to receive in compensation those 30,000 euros which he would use for a sex-change operation, as he himself had declared several times.
But now that he had received notice that the investigations were finished, and since (he claims) he no longer hears from Raffaele any more, because otherwise no-one would believe him [translator’s note: I assume “him” means Raffaele being concerned that if he stays in touch with Aviello no-one would believe hi, Raffaele, any more], he no longer has any reason to continue lying.
Whereas he has plenty of reasons to try and lighten his own position as someone under investigation for calunnia (criminal slander).
Aviello: Raffaele had told me that it was Amanda and that he was also there.
Around the middle of the interrogation, Aviello said - referring to something that Raffaele apparently told him - that “the murderer, in fact, was not him: it was Amanda, during an erotic game”.
Raffaele apparently also declared “I actually know that it’s true that Amanda did it, but I didn’t do it: it wasn’t me that did the murder; I didn’t do it”.
This is what [Aviello] declared between one allegation and another, and he also declared that he was prepared to repeat everything before the judges. Before those very judges to whom, on 18 June last, he had so shamelessly lied.
What has changed? The repercussions which these new declarations - made by a man who has already been convicted 8 times previously for slander [calunnia] - cannot be conjectured.
Or at least, not all of them. The lawyer Giulia Bongiorno has already declared that she will defend her honour in court against anyone who might accuse her of having paid a convict to create confusion in the case.
It is foreseeable that Luca Maori and Carlo Dalla Vedova will take the same stance.
What the Prosecution will do is more difficult to determine. The investigations on Aviello’s slander against his brother may have ended, but how many others may be instigated as a result of these declarations?
In the meantime, everyone will return to court on Saturday to discuss the genetic evidence, which might truly decide the path that this case will take.
4. What Happens Next In Court
This was sworn testimony. Dr Comodi will now file a statement with Judge Hellman. and request that Aviello be brought back to court as a prosecution witness this time for defense cross-examination.
Early announcements might also be expected from the accused Sollecito family, who did meet with Aviello in prison, and from the accused Giulia Bongiorno.
And presumably a beeline is now being made to that apartment in Turin where the 30,000 Euros if it exists might be hidden.
Meanwhile, any search for the knife and keys Aviello had claimed he hid will drop dead.
Added 7 September: see Part
5. Another Investigation Commences
Several sources make us understand that the independent DNA consultants Carla Vecchioti and Stefano Conti might now be under investigation for possible contact or collaboration with one or several defense DNA experts including Hampikian.
Our main poster Fly By Night already suggested that the geographical location and published views of experts quoted by Carla Vecchioti and Stefano Conti looked pretty fishy.
And the lawyer for the family of Meredith, Francesco Maresca, complained on Monday that a request endorsed by Judge Hellman for those consultants to make sure to use European resources on the state-of-the-art of low-count DNA testing had been ignored.
6. Important Update 7 September
Update: We have posted the sworn Aviello statement on the Wiki.
At the appeal-court session today 7 September Judge Hellman without substantive explanation refused to even allow a court hearing on it, let alone to recall Aviello to alow the defenses to cross-examine him.
This looks like more strong anti-prosecution bias - but it also has the perverse effect of leaving a black cloud over the Sollecito family and defense team.
If the prosecution or defense come to believe that an element of the appeal is not being thoroughly and objectively examined, they are entitled to appeal instantly to the Supreme Court of Cassation for a ruling.
Amanda Knox’s defense already took that route late in 2007, long before she ever went to trial, to request that her statement made without counsel present in the wee hours of November 6 2007 should be put aside. The Supreme Court so ordered.
So the power of upward appeal to Cassation is available to the prosecution if they want ti use it.
Hedging their bets, the prosecution has sent the Aviello statement to the Florence courts (to circumvent Hellman?) where Aviello may now be put on trial for perjury. He could then denounce his brother again, or he could denounce the Sollecitos and their lawyers.
US Overreaction: Amanda Knox’s Own Lawyer Groans “That’s All We Need, Hillary Clinton”
Posted by Peter Quennell
This is from an earlier report by Beth Hale and Daniel Bates in the Daily Mail
Hillary Clinton has been drawn into the battle to overturn Amanda Knox’s conviction. Amid a growing U.S. backlash against the verdict, the American Secretary of State has agreed to meet a senator from 22-year-old Knox’s home state of Washington.
[Senator Cantwell] said she was concerned there had been an ‘anti-American’ feeling at the trial and said she would be raising her concerns with Mrs Clinton…
Luciano Ghirga said: ‘That’s all we need, Hillary Clinton involved. I have the same political sympathies as Hillary but this sort of thing does not help us in any way.’
Prosecutor Giuliano Mignini said: ‘This senator should not interfere in something she has no idea about. I am happy with how the trial went.’
And this below is from a new report by Nick Pisa in the Daily Mail
It quotes the prosecutor as saying that the case was taken before NINETEEN Italian judges. Such caution is not an everyday occurrence in US justice, that is for sure.
Italy reacted with anger today as a transatlantic war of words broke out with the United States over the Amanda Knox murder trial.
Prosecutors involved in the case were outraged that their handling and the Italian judicial system had been called into question, while newspapers published front page editorials saying they would not take ‘lessons from America.’
It came as it emerged US Secretary of State Hilary Clinton had said she would look into Knox’s case after Marie Cantwell, a senator in the jailed student’s home state of Washington, said she was ‘concerned’ about the trial.
In a front page editorial headlined ‘Passport and Justice’ Corriere Della Sera stormed: ‘Once again here we have rule number one for an American accused of a crime abroad - it doesn’t matter if they are innocent or guilty all that counts is their passport.’
Inside it continued under the heading: ‘When an American passport is as valuable as an alibi,’ and recalled an infamous incident in 1998 when a US pilot escaped justice, despite flying through a cable sending a ski gondola crashing into a mountain and killing 20 people at Cermis in the Italian Alps.
It added: ‘Amanda was tried abroad so her defence campaign have enlisted the help of the State Department. This same administration can’t close Guantanamo but it can find the time to attack the sentence in Perugia.’
Its story on Mrs Clinton’s involvement added America had been reacting as if Knox had ‘ended up in the hands of some despotic regime,’ and said: ‘America is just waiting to send a platoon of Marines over to rescue the poor girl.’
Il Messaggero also ran an editorial on its front page under the headline ‘Unacceptable Lessons’ and also compared it to the Cermis incident.
It wrote: ‘If there is any ground upon which our country will not be taught lessons on civility and respect from anyone, the United States included, then it is the penal process.
‘The United States allows the death penalty for minors in some states, as does countries where the high level of civic justice found in Italy is unheard of, such as Iran, Iraq, Nigeria, Pakistan and Yemen.
‘If Hilary Clinton wants to meet these “doubters” then maybe she can also find the time to look into the cases of numerous Italians held in American prisons for non existent motives and crimes they have not committed.’
There was also criticism of Senator Cantwell’s suggestions the trial was anti-American as many pointed out that ‘an Italian Raffaele Sollecito, was also jailed.’...
Knox prosecutor Giuliano Mignini also hit out at the criticism and said: ‘I am happy. In my conscience I know I have done my duty. It is never easy to ask for a life sentence.
‘That’s especially true in this case where the accused were in their twenties. I have three children who are more or less the same age. Asking for life was the right punishment for the crime.
‘I am not prepared to take criticism from the Americans on how the prosecution and investigators carried out their work.
‘The case went before 19 judges in the end at various levels from a preliminary hearing, through to three levels of re-examination (bail hearings) and all found in the prosecution’s favour.’
Here is some highly recommended reading for the Senator and (f they need it) the State Department.
Amanda Knox Defence Team Strongly Objects To Seattle Sliming Strategy
Posted by Peter Quennell
Above: Luciano Ghirga (left) and Carlo Della Vedova.
Click for a larger image. They are apparently thoroughly ticked off. Here’s our previous post on exactly what made them so ticked.
Once again, the demand from the Amanda Knox legal team goes out: Pipe down, Seattle. And give Amanda Knox a break.
Translation below by poster Kermit is of the story in today’s La Nazione
“Those American personalities are not helping Amanda”
Lawyer Ghirga: “I have spoken with Prosecutor Mignini”
by Enzo Beretta - Perugia
“There are people around the figure of Amanda who have no formal role in the student’s defence team, which is formed by myself together with my colleague Carlo Dalla Vedova.
These people are not only not helping our client in the difficult judicial process in the Corte d’Assise in which we have to defend her, but on the contrary, they are harming her judicial position.”
Luciano Ghirga, lawyer for the American accused by the prosecutor of sexually assaulting and killing Meredith Kercher with her former boyfriend Raffaele Sollecito and Rudy Hermann Guede, once again distances himself from the Stars-and-Stripes “know-it-alls” who repeatedly have tried to throw mud on the work of investigators and have even personally attacked Giuliano Mignini, head of the murder investigation.
There is strong evidence which supports the prosecution, unlike the “macaroni” pleading endlessly and one after the other on American television broadcasts, who pay lawyers, show-men and private investigators not much inclined to read the documentation.
That documentation was studied a lot by the Review and Court of Appeal judges, who confirmed preventive prison for the suspects, and the GUP Paolo Micheli, who has sentenced Rudy to thirty years in prison (with the abbreviated trial) and sent the ex-boyfriend and girlfriend to trial. This is a validation of the good work done by the investigators.
Lawyer Ghirga has not acted on a video in which the correctness of the findings of the forensic investigators is called into question, thereby attacking the protagonists of the case. But he will play his cards at the appropriate time in the trial, which resumes Friday.
“On a personal level I expressed my impressions to Dr. Mignini,” Ghirga said.
The lobbying work by Amanda’s side fits into a framework of traditional adversity by Americans when their fellow citizens are left in the hands of another country’s justice.
The Amanda Knox Defense Team Complains Of Being Undermined By Hotheads In Seattle
Posted by Peter Quennell
Carlo Della Vedova (left) and Luciano Ghirga.
1. Fine Team In Italy
Knox still has two of the smartest defense lawyers in Italy, though the smartest of all did walk off.
They are widely regarded as above-average and as excellent players within the Italian system. They have a long list of acquittals to their names.
And they are said to get along very well with Prosecutor Mignini and to respect his role in the process and like him personally.
If there are any lawyers in Italy that Amanda Knox can look to for a powerful defense that could get her off and out of there, it would seem to be the team she has now.
2. Sliming By Seattle Crazies
Mr Ghirga and Mr Della Vedova have previously voiced extreme irritation over sliming of police and prosecution from safely-distant Seattle. They had essentially asked Seattle to pipe down.
We haven’t yet heard from them on the rabid new sliming of one of the lead prosecutors, Dr Mignini, from Seattle.
Lawyers following the case in New York and Italy seem stunned at the ferocity and pure foolishness of the attacks.
Several have remarked that they might walk right off a case if they were so undermined in their handling of a defense. And that they might sue if they were the prosecutor.
Now Mr Mignini actually has gone to court. He has just filed a defamation complaint, and Paul Ciolino and the West Seattle Herald are among those cited as causing harm.
In Italy, this is widely reported and seems to be a pretty popular move.
Another Dog-And-Pony Show Friday: A Second Defense Attempt At Filomena’s Window
Posted by Kermit
Kermit has already analysed the first, failed attempt for us.
It’s just been reported in the Italian media that a second defense test has been scheduled for 12:30 this Friday. If they fail that test for a second time, it will be pretty obvious to the known universe that:
- There never was a burglar who covered up a burglary with a sex crime, a bizarre move almost unknown in the annals of crime as the penalties are so very much harsher.
- There really was a rearrangement of the crime scene in an attempt to point the finger of blame at a single perpetrator who had just taken to his heels up some local steps.
A lot is riding on this one. We guess the burglar the defense hired for the job will be in real fighting trim.
Update: Did the defense blink?! Today’s show simply involved engineers, Giovanni Lombardi and Pasquale di Francesco, apparently retired police technicians.
They took measurements to see if that 4-kilo rock could have been thrown from wherever to land where it did in Filomena’s room.
Why not just, you know, bite the bullet, and actually try throwing the rock?!
No prizes are offered for the answer to that one. There was no Spiderman act, no lawyers were present, and no glass was broken.