text:
Failure of the Sollecito/Knox Florence appeal. Available now is a revised version of the report by Judge Nencini correcting and clarifying a few things. The Italian Supreme Court will rule on this next March. The translators were Ald, Jools, Kristeva, Olleosnep, Maundy, Catnip, Tiziano, Katsgalore (our ZiaK), Thoughtful, Sallyoo, The 411, Tom, and Popper, and the proofreaders were Tom, Thoughtful, Popper and Skeptical Bystander.
Friday, July 25, 2014
Why It Will Be Republic Of Italy v Knox And Sollecito For The Myriad False Claims They Have Made
Posted by Peter Quennell
Bergamo in the foothills of the Alps where the journal Oggi is published
Yesterday's post quotes some statements that Sollecito has already started winding back.
For Raffaele Sollecito that marks a significant first. Amanda Knox still seems headed the other way, pouring yet more gasoline on the flames.
Yesterday's post also mentioned the growing pressure the Italian system is asserting to surface and adhere to the truth. When Cassation rules as widely expected, that Knox's and Sollecito's appeals did fail in Florence, and off back to prison they must go, Italy probably wont stop there.
It needs a single truth to stand at the end of the day, and in the courts is how its inquiry-based system arrives at that truth. More prison time is probably ruled out, but there should be some big fines. And that truth.
Sollecito wrote those claims quoted yesterday only in English, of course, exclusively for English-speaking audiences. There are no editions in any other language, certainly not Italian.
The only claim of those quoted yesterday that is widely known in Italy is Sollecito's false charge, challenged on national TV, that the prosecution offered him a deal for his turning on Knox. That was one of his many claims accusing Italian officials of crimes. All his other claims are still sleepers in Italy.
Sollecito's father Francesco was asked on national Italian TV why the book was not written or published in Italian. He awkwardly replied that no Italian publisher was interested; he didnt name even one that refused.
He didnt explain why it was written on the US west coast with the help of a British-born shadow writer (an unfortunate choice: Gumbel himself seems to have a big chip on his shoulder about Italy after his stay there, like Peter Popham and Nina Burleigh; unusual but it happens).
So, with no Italian version, what passages in what language were those Italian publishers if any shown?
Not much liked in Italy, Sollecito has been trying to burnish his image there since 2008 when he began writing diary-type reports on several websites.
Passages from the book put into Italian by the Republic of Italy for his book trial in Florence could come to irritate many Italians, and really rain on his parade in the months coming up.
Good reporters should perhaps press Knox to release the Italian version of her own book and let Italy have a close look.
It was yanked from publication at the last moment (like the UK version) when the US edition came out. Some excerpts were put into Italian by Oggi. See our own rebuttals here.
Their publication along with some other articles has resulted in both Oggi and Knox facing a trial in Bergamo. The statute of limitations on the entire book itself expires in 2017. If and when Italy targets all of Knox's malicious claims she could find her parade rained on too.
Both books are available globally in the Kindle edition and so a few English-speaking Italians have read them that way. The only version of Knox's book that was officially sold in Europe was in German. There've been no others so far though a Spanish translation may exist.
None of the other English-language pro-Knox books have been put into Italian either. In fact the only book translated into Italian that takes Italy to task is The Monster of Florence by Spezi and Preston - and that one is quite different (very toned down) from the edition in the UK and US.
Back here on Planet Earth, various objective books on the case have been written and published in Italian, which kinda shoots Francesco's claim in the foot that there is no interest among publishers there.
Those books are mostly quite classy affairs, carefully researched. All the books (like TJMK) essentially concentrate on explaining the prosecution's case in depth, and those from late 2009 all saw "case proven" after the Knox and Sollecito lawyers put on an ineffective defense. There isn't even one which says Italian officials maybe got it wrong.
The Knox people sued Corriere for damages over the Sarzanini book and in the third round won, but that was only because the book published excerpts from Knox's prison diaries - which her own people had put around - which invaded the privacy of others she mentioned.
The Sarzanini book is still on sale in Italy and was not ordered withdrawn, so Knox at most won half a loaf via her case.
Our main poster Yummi has at various times pointed out that over 100 prosecutors and judges have been assasinated in the anti-mafia fight. Hate stirred up in the US for Italian officials is of real concern, because it could have a nut with a gun headed to Italy to "even the score". Hate messages have been received.
Hate is still being perpetually beamed at the real victim's suffering family as well. That started way back in 2008. There is zero precedent for that - in fact the US and UK and Italy all have strong anti-harrassment laws.
So Knox and Sollecito, and by extension Sforza and Fischer and Moore and so on, will face put-up-or-shut-up time in court on a whole row of claims which appear to Italy malicious and wrong.
Italy wants a searchlight cast on those. It is for this reason above all that the book trials will take place. To wind back the hate, and to cast light.
This whole publishing scene (really two parallel publishing scenes) is absolutely unique in the world. It shows in stark terms the cowardice of the "public relations" wave of defamation which Curt Knox brought alive in 2007 and beamed away from Italian speakers.
No wonder Amanda Knox could not bear to head for Florence late last year for her own appeal - or "new trial" as she still seems to suppose. Her team has burned too many boats.
Gee thanks dad for that….
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Thursday, July 24, 2014
Nervous Of Cassation, Sollecito Backpedals On Foolish Rome Press Conference & Foolish Masters Thesis
Posted by Peter Quennell
Ball is now in in the court of Cassation, which is visible at top-right here
1. Sollecito Backpedals On Recent Claims
Wait long enough, and all the lawyer-mandated backpedaling may come to look like the Tour de France in reverse.
If this really was Amanda Knox on the ABC website in the last day or two, and not a hoax threat against Sollecito, Knox referring to the Nencini appeal court as "corrupt" and Cassation as "not as corrupt" with a favorable mention of the Hellmann court (which really was corrupt) is not something her lawyers would want on the public record.
If R. was accusing me of something, I would defend myself and he would lose everything and he knows it. We are working side by side. The Italian court made a mistake last time, that was not a fair trial, the judge was unfair. There is no evidence against us, we are both innocent I believe we will get a fair trial and a fair judgement this time. I am certain that the Italian Supreme court is not as corrupt as the previous court.
For the record (and it really is time Knox understood this) there has only been one trial and that was very fairly and efficiently run in 2009. Then she and Sollecito chose to appeal, the Hellmann appeal was annulled for bad law and extreme bias, and the Florence appeal (which Knox stiffed from afar) was a repeat of her own appeal fairly and efficiently run in Florence at her own request.
There will be no new trial, ever. And how does Knox know the Nencini court was corrupt? She was skulking on the other side of the planet.
Today the Italian media are reporting that the new edition of Oggi (which does not put major stories online) is carrying an interview with Sollecito, backpedaling on what are being seen in Italy as two attempts to lean on the Supreme Court.
One attempt was his foolish study of social media as a component of his belated masters degree at the University of Verona, in which he magically concluded it "proved" he was innocent. From Oggi.
It's hurtful to me and to the judges to think that its intent can be taken as to influence them. I wanted to make an academic experiment after discovering that, on the day when I was sentenced in Florence and in the following days, the interest in my story on social networks surged. All I did was make an analysis of site traffic, generated by the news of the sentence, including the study of the flow of comments and balance between colpevolisti and innocentisti.
Okay, except for the missing bits about the actual hard evidence, and the absence at that point of the Nencini sentencing report, and the million-dollar public relations campaign, and the raging anti-Italianism stoked by the American campaign and by the dozens of American wannabees eager to jump-start new careers off the back of this.
And the fact that maybe 95% of Italy are convinced that he and Knox are guilty. Maybe the University of Verona just couldn't wait to see the back of him.
The other attempt was his foolish press conference in Rome three weeks ago. See this excellent post by our posting lawyer SomeAlibi showing how Sollecito trampled on his own past claims. This is the kind of thing that sharp-eyed Italian judges always notice. SomeAlibi concluded as follows:
So what was the point? Face-saving for Raffaele? Hoping to key up populist support? Fat chance in Italy, where the case has been properly reported.
An opportunity to allude to a "truth" (the best one he can think of for now – other truths are available) and say that he and his family believe Knox is innocent? Pull the other one Raffaele!
It is quite clear that several members of the Sollecito clan think that Knox absolutely is guilty and their Raffaele is still too "honourable" to tell the truth. He merely aided the clean-up perhaps. Well in that case, why hasn't he said exactly when she came back? Was it 11pm? 1am? Was it at 5am when the music starts playing. Why won't he or you say?
Or… was it face-saving for Bongiorno, as she faces defeat and seeks to protect her valued public persona? Well, as much as I've tried, I have no idea what they thought they were doing.
2. Many Other Candidates For Backpedaling
Like Knox, Sollecito has an exceptionally damaging paper trail, all of it available online and quite obvious to sharp-eyed Italian judges. In posts and a book written exclusively for an English speaking audience, it heavy-handedly impugns the Italian justice system and those in it and how it actually works.
Here's one example. Last January the Florence appeal court placed the 2009 trial sentencing report back at front and center. Take a look at what Sollecito thinks of its author.
Here's another example. When his book first came out late in 2012 his father Francesco had to distance himself on Italian national TV from a claim that prosecutors wanted Sollecito to frame Knox.
And here are seven more examples from Sollecito's book, most of them identified by our posting lawyer James Raper, of Sollecito impuging the Italian justice system. All of these come from the first few pages of the book; there are dozens more later.
That Italy is a medieval country with a primitive justice system.
It could have been Colonel Mustard in the drawing room with the revolver; instead it was Amanda and Raffaele in the bedroom with the kitchen knife. How was it conceivable that a democratic country known for its style and beauty and effortless charm—the Italy of the Renaissance and la dolce vita—could allow two young people to be catapulted to international notoriety and convicted of a horrific crime on the basis of nothing at all?
This is not remotely what happened. There was very far from nothing at all. Convictions in the US and UK regularly result based on evidence 1/10 or 1/100 of that here - sometimes from one single evidence point. Any one or several of maybe 100 evidence points here could have convicted them in a US or UK court.
Italy gives defendants every possible break, and the justice system is seriously loaded against victims and their families. Read here and here.
That the courts are the most reviled institution in Italy.
Many Italians retain a healthy skepticism about the reliability of their procedures and rulings. The courts—tainted by politics, clubbishness, pomposity, and excruciating delays—are the most reviled institution in the country.
As our Sollecito Book pages make clear again and again and again, the Italian system is remarkably NOT tainted by politics, as even the most surperficial watcher of the trials of ex Prime Minister Sylvio Berlusconi would know.
And on the issue of popularity we have previously posted this and this and also this.
Our Italian poster Machiavelli (Yummi), who posted our deep analysis of the appeal to the Supreme Court by Dr Galati, has provided these hard facts:
For comparison, in 2011 the percentage of Italians who declared they trust the justice system "a lot" or "enough" was 53.3%. By comparison, the percentage of Italians who declared they trust the government "a lot" or "enough" were 14.7%, and those who trust the parliament were only 15%.
In 2012, the percentage of Italians who trust the parliament is now only 9.5%, and those who trust the Mario Monti administration are only 21.1%.
Over the eight years from 2004 to 2012 the percentage of Italians who trust the justice system was always bigger than those who trust parliament or government by at least ten points, and in some years we can see a spread of 20, 30, even 39 percentage points achieved by the judiciary over the parliament and government.
However, some cases of corruption (such as our Hellmann-Zanetti case, but also several others indicated by the Rapporto Italia 2012) do hamper trust.
The most trusted institutions in Italy above all are the Carabinieri (74% of Italians trust them) and the Polizia di Stato (71%).
Which means the most trusted institutions are precisely those law enforcement instruments which are deployed to enforce the orders of prosecutors.
That the prosecutors office and media are in a grim embrace.
The answer has something to do with the grim embrace that developed between the prosecutor's office and the sensationalist media. Like addicts constantly looking for the next fix, each fed the other's insatiable appetite for titillation and attention. The casual cruelty of "Foxy Knoxy" and her Italian lover became too good a story line to abandon, even when it became apparent it was overheated and unsustainable. Our suffering was the price to be paid for the world's continuing entertainment.
WHAT grim embrace? WHAT addicts? WHAT fix? WHAT insatiable appetite? WHAT titillation and attention? This is clearly defamatory if it can't be proven, and we can turn up no evidence that any of it is true. It has to be one of the most foolish lies in the entire book, it is so easy to disprove. These who are being accused of crimes here are career police and prosecutors secure in their jobs, and none have the slightest gain to make from false convictions.
That in the justice system speculation and hearsay run rampant
The meandering complexities of the Italian legal system, where speculation and hearsay are allowed to run rampant and time invariably slows to a maddening trickle, did little to help our cause.
Total mischaracterization. First note that by comparison with any country in the world THERE IS NOT MUCH CRIME IN ITALY. There is some minor corruption and still some minor mafia action, but thefts and burglaries and assaults are few and murders even fewer. The main crime if you can call it such is not lining up to pay taxes. Italy's murder rate is 1/6 that of the United States and its prison incarceration rate is 1/30 that of the United States, so where IS all this crime about which the claimed speculation and hearsay are running rampant?
The legal process could have been fully over by the end of 2009 if (1) there was not the entitlement to two automatic appeals; in UK and US terms there was very little to appeal about; and (2) the Hellmann appeal court had not been fixed to produce a corrupt outcome, as the displaced judge Sergio Matteini Chiari and Cassation and the Council of Magistrates have all made plain.
And compared to American police and prosecutors, their Italian counterparts are famously taciturn under their unusually firm rules. There is media interest, for sure, as there should be when there are crimes, but that also is comparatively restrained. Watch the various Porta a Porta shows on YouTube and you will see how sedate crime discussion tends to be.
The Constitution and judicial code set out to achieve the exact opposite of speculation and hearsay affecting justice, and they do so. Creating this restraint is a primary reason for the judges' sentencing reports and all the magistrates' checks of investigations along the way.
This whole series of dishonest claims about the the Italian system in the preface of the book and in a later chapter have clearly not been read through or okayed by even a single Italian lawyer.
That in Italy proof beyond a reasonable doubt scarcely exists
For reasons deeply embedded in the country's history, the concept of proof beyond a reasonable doubt scarcely exists in Italy, and the very notion of undisputed fact is viewed with suspicion, if not outright aversion.
So Gumbel and Sollecito are historians and legal experts now? It would be nice, wouldn't it, if either were able to explain the remark. This may be an ignorant swipe at the Napoleonic Code on which the law of a lot of continental Europe is based. Ignored is that Italy carried out its own reforms to the Code in 1990 and more subsequently. Much of that reform, it should be pointed out, was procedural or structural rather than substantive law.
There are two things wrong with "..the concept of reasonable doubt scarcely exists in Italy."
1. It is factually wrong. Italian jurists, the courts, and so on, are well acquainted with the concept as it has been a fundamental aspect of criminal proceedings in Italy as elsewhere for many decades if not centuries.
2. It suggests that Italians are not intelligent enough to understand the concept anyway. That of course is an insult to Italians. Actually they are no less intelligent than the rest of us elsewhere who strive to understand it.
Until the 1990 Reforms the relationship between criminal and civil proceedings in Italy were governed by the principles of unity of jurisdiction and the prevailing status of criminal proceedings. Hence, if the facts were the same then criminal proceedings (to punish the guilty) and civil proceedings (to render liable the guilty for damages) were heard at the same time and still sometimes are, as in the Meredith Kercher case.
What has changed (relevant to the above quote) is that civil cases can be and are more likely to be heard independently from the related criminal cases and, where not, the standard of proof in civil cases (the preponderance of evidence or, as we usually refer to it, the balance of probabilities) is to be applied to the civil case, and the civil case only, rather than be confused with or overriden by the criminal standard of proof (beyond reasonable doubt).
Not an easy task, admittedly, to apply different standards to different tasks, based on the same facts, in the same proceedings, but Italian judges are trained to do this because that is their system. No judge would EVER confuse "beyond reasonable doubt" with "the balance of probabilities" when the issue at stake is depriving an individual of his freedom.
That the Italian judiciary has vast, unfettered powers
Few in Italian society wield as much unfettered power as the robed members of the judiciary, whose independence makes them answerable to nobody but themselves.
Radically the opposite of the truth. The paranoid claim reads like it came from ex PM Berlusconi fearful of his own conviction or one of his parliamentary lackeys such as Girlanda.
The checks and balances on judges in the Italian system are enormous, perhaps the toughest checks and balances in the world. Read here and here about them.
All of the best judges in the world are independent and they all follow a demanding career path, not elected (as ex-Judge Heavey was) under zero criteria, or appointed under the political sway of politicians. We wonder if Gumbel and Sollecito have ever heard of the US Supreme Court? Do those judges answer to anybody? No? How unfettered.
That prosecutors can spin their cases into any shape they please.
Because the Italian legal system is almost completely blind to precedent and relies on a tangle of impenetrable codes and procedures, prosecutors and judges have almost boundless freedom to spin their cases into any shape they please and create legal justifications on the fly. Often, they are more interested in constructing compelling narratives than in building up the evidence piece by piece, a task considered too prosaic and painstaking to be really interesting.
Whoever wrote this either wasnt an Italian or a lawyer, and either way didnt have much of a clue. The entire Italian system under the post WWII constitution was designed to PREVENT what Sollecito & Gumbel claim it allows here.
There are checks and balances and reviews every step of the way. Magistrates (initially Matteini here) determine what a prosecutor may do in developing and presenting a case. Parties may appeal to the Supreme Court AT ANY TIME as Knox's lawyers did over her second written confession - which she herself had demanded to make in front of Dr Mignini after he finished warning her of her rights.
Hard for Sollecito & Gumbel to believe, perhaps, but the defense is actually present in the same courtroom. They can raise points of order at any time. So can the defendants themselves, at any time, something maybe unique in the world.
And judges actually have minds of their own. And then there are the unique written sentencing reports, and the two automatic appeals if any parties want to pursue them.
Sollecito & Gumbel should have read the 2012 Galati appeal more closely. The Prosecution's Appeal To The Supreme Court is available in English here. Precedent has a section to itself - "The non-observance of the principles of law dictated by the Cassation Court in the matter of circumstantial cases (Article 606(b)) in relation to Article 192 paragraph 2 Criminal Procedure Code."
Well, that's precedent, via the Court of Cassation no less! How surprising from Gumbel/Sollecito that they should make that claim about ignoring precedent when in fact there it is, going right to the heart of the flawed Hellmann/Zanetti judgement on circumstantial evidence! What else is a Code but in effect a codification, a gathering together, a rationalisation, of best law - and precedent?
There is an absurd irony here, were they aware of it. Perhaps they are. Surely it is Hellmann and Zanetti who have displayed "a boundless freedom" in spinning the case "into any shape they please", and who have "created legal justifications on the fly"? As for prosecutors doing this, at least Dr Mignini followed the evidence, and American readers may recall the infamous Jim Garrison, the DA hero of Oliver Stone's movie "JFK" but who in reality, unlike Dr Mignini, was a total and utter crackpot.
And what issue exploded the Porta a Porta TV show in Italy in September 2012? It was Sollecito's false claim that the prosecution had secretly tried to offer him a deal if he would roll over on Knox. NOBODY including his own father and his own lawyers confirmed him. Evidence against both was overwhelming. Nobody needed such a deal, and Italian prosecutors are highly rules-bound against ever offering such deals.
Sollecito was in effect accusing Dr Mignini of a felony with this much-repeated false claim in his book. (In her book Knox also accused Dr Mignini of a felony.)
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Friday, July 18, 2014
Knox Camp Illusions: Multiple Examples Of How RS And AK Have Tried To Apply More Blame To The Other
Posted by The TJMK Main Posters
Not a very accurate report ("drifter"?) but it IS CNN and the main point comes across
How Sollecito and Knox So Threaten One Another
The other day, a claim was posted that claimed sources had said Knox would soon accuse Sollecito.
This inspired quite an outcry, and the claim's heavy-handed suppression. Can you believe: by legal means? That claim really rattled a few cages.
Why was the claim so dangerous? Because for nearly seven years Sollecito and Knox have repeatedly cycled between occasional chummy hugs and numerous aggrieved potshots. And for the most part the more-aggrieved Sollecito has come out ahead.
- In 2007 (see below) Sollecito really dropped Knox in the drink and both fired off a lot of potshots.
- From 2008 right through 2011, desperate for confirmation of an alibi, an anxious Knox beamed pleas at a sullen Sollecito, for example in the form of love letters she wrote, and a public request to have a private chat.
- From 2012 upon provisional release it was Knox being sullen and hard to get and Sollecito in puppy-dog mode. He might have been driven by a genuine desire for a renewed relationship, but a bid to set himself up safely in the United States might have made Knox wonder if this was true love.
- And from mid 2013 public potshots have been fast and furious, many now on Twitter, and Italy in particular is closely watching the show and waits agog as the justice system applies more and more pressure.
Our main posts tracking this dont (for now) include the numerous veiled potshots in the RS and AK books, the reason being that we are waiting for the Florence and Bergamo prosecutors' new charges for what they identify as the defamatory claims in each book to be made public. As usual we are tracking them closely, rather than jumping the gun, to avoid confusion.
Some of the potshots were active-aggressive (as in: they actually complain about one another) and some are passive-aggressive (as in: they try to help themselves but conspicuously ignore the other.)
You can sample both flavors below.
1. The year 2007
Our emerging Interrogation Hoax series quotes multiple witnesses testifying how quickly and decisively Knox and Sollecito got off to a fast start in dropping the other in the drink. Too many posts of relevance to include all here, but see this.
From 6 November 2007 Knox and Sollecito were kept separated, and were not allowed to talk. (That continued to late 2011.) Sollecito was pretty easy to read: he had little interest in talk. A sulky silence was his norm.
1. On 6 November Sollecito's statement to Inspectors Moscatelli and Napoleoni included this about Knox :
I know Amanda for two weeks. From the evening I first met her she started sleeping at my house.
The first of November I woke up about 11.00, I had breakfast with Amanda, then she went out and I went back to bed. I then met up with her at her house around 13.00-14.00. In there was Meredith who left in a hurry about 16.00 without saying where she was going.
Amanda and I went to the [town] centre about 18.00 but I don't remember what we did. We remained in the centre till 20.30 or 21.00.
I went to my house alone at 21.00, while Amanda said that she was going to the pub Le Chic because she wanted to meet with her friends.
At this point we said goodbye. I went home, I made a joint. Had dinner, but I don't remember what I ate. About 23.00 my father called me on my house phone line.
I recall Amanda was not back yet.
I web surfed on the computer for two more hours after my father's phone call and I only stopped when Amanda came back in, presumably about 01.00…
In my previous statement I told a load of rubbish because Amanda had convinced me of her version of the facts and I didn't think about the inconsistencies.
2. Yikes. Knox finds her best alibi yanked. Not so long after, possibly knowing about this, Knox comes out with a statement which points at Sollecito in turn.
I don't know for sure if Raffaele was there that night [during the attack on Meredith] but I do remember very well waking up at my boyfriend's house, in his bed, and I went back to my house in the morning where I found the door open.
3. Then on 8 November 2007 Sollecito submitted a statement to Judge Matteini which began "I never want to see Amanda again. Above all, it is her fault we are here."
4. There were multiple further instances throughout the rest of 2007, quotes of which will be included soon in the Knox Interrogation Hoax series.
2. The Year 2008
1. Click here for Sollecito Turns On Knox? This Is Extraordinary…
In October toward the end of Guede's trial and RS's and AK's remand for trial Sollecito's DNA expert testifies to Judge Micheli that he found Knox's DNA on Meredith's bra and bra-clasp.
2. Click here for Sollecito Family Trial: On The Component About Their Alleged Attempt At Political Interference
Francesco Sollecito phone conversation in March 2008 with Vanessa captured by the Carabinieri in which he shows his extreme distrust and dislike of Knox who he blames for RS's plight.
3. The Year 2009
1. Click here for Trial: Defendant Noticeably Bubblier Than Meredith's Sad Friends
This kind of callous, flippant behavior by Knox had the entire court backed off, not least the Sollecito team which had no desire to be chained to this seeming dangerous nut.
2. Click here for Sollecito Not To Be Trumped By Knox Antics In The Female Wing Of Capanne
While RS and AK didnt have access to one another they sure had access to the media and in the Italian media a competitive Sollecito posted a steady stream of stories
3. Click here for Trial: Knox Claimed Not To Have Been At The House On The Night
Knox suddenly claims this, despite contrary 2007 claims by both Knox & Sollecito, which messes with Sollecito's alibi that he was at home alone on the computer.
4. Click here for Seems Sollecito Is Feeling Really Sorry - For Himself (So What's New?)
Sollecito tries to give himself an edge over AK by being extra-whiny about how awful he finds prison, and the distasteful little people he was being made to mix with.
4. The Year 2010
1. Click here for How Each of The Three Subtly But Surely Pushed The Other Two Closer to The Fire
The Knox team avoided this popular Porta a Porta TV series, maybe too scared of hard questions, while the Sollecito lawyers and family used it to promote suspicion of AK and Guede.
2. Click here for Newsweek Report From Italy On Damage Shrill Campaign Is Doing To Knox's Interests & America's Image
The shrill Knox campaign was irritating Italians and so hurting Sollecito's image and prospects and it was not shoring up his own story. Bongiorno especially disliked the campaign.
3. Click here for Rocco Girlanda's Strutting Manic Grinning Intrusion Seems A Major Danger To Sollecito/Knox Harmony
The strange kinky Member of Parliament (now voted out) paid numerous visits to Knox ("monitoring conditions") and tried some nasty (though ineffective) political tricks - but not for Sollecito.
4. Click here for The Knox Movie: Sollecito Reported Angry - Real Risk That His Defense Could Break Away From Knox's
The Sollecito camp had a strong belief that the Knox camp was behind this TV movie and so they fought it, though it turned out quite even-handed and the RS role was minor.
5. The Year 2011
1. Click here for Sollecito Defense Team Breaking From Knox Defense Team On Legal Measures To Stop Lifetime Movie
Further differences reported here between the two camps on the Lifetime movie which until it was aired was believed to favor Knox and build a case for her innocence.
2. Click here for Tenth Appeal Court Session: Might Today's Testimony Give Sollecito More Of An Advantage Than Knox?
After his team's (attempted) discounting of the main evidence at Meredith's house against Sollecito, Knox's position looks way worse, as she has motives both for killing and cover-up.
6. The Year 2012
1. Click here for In Desperation A Council Of War? All Of The Sollecito Family Suddenly Hop On Flights To Seattle
Sollecito is the one now in puppy-dog mode, though his father has said publicly that the relationship with Knox is at an end; here the RS family sets out for Seattle to try to make it so.
2. Click here for Sollecito's Book Honor Bound Hits Italy And Already Scathing Reactions And Legal Trouble
Sollecito's book, which subtly promotes Knox's guilt, runs into legal trouble for false claims, which could also impact Knox's claims and legal future. His seeming sticking with Knox damages Bongiorno's defense strategy.
3. Click here for Will Sollecito Drop Amanda Knox In It Further In A Public Seattle Interview At 7:00 PM Tonight?
Sollecito's American book promotion tour often went badly and he seemed unaware of what was in his own book; though once again he was making out Knox was guiltier. His defense team despise the book.
7. The Year 2013
1. Click here for Knox & Sollecito Meet - To Attempt To Bury The Hatchet Other Than In Each Other?
The second public Sollecito attempt to end up with Knox, who already had chips on her shoulders about him but went through this charade. Soon, they were back to whacking one another.
2. Click here for Seeds Of Betrayal: Sollecito Twice More Implies Evidence Against Knox Much Stronger Than Against Him
Sollecito sustains this steady drum-beat of putting Knox down, highlighting the evidence against her, repeatedly saying he stuck with her despite no evidence against him (no deal helping RS was ever offered).
3. Click here for Seeds Of Betrayal: In Interview Knox Reveals To Italy Her Considerable Irritation With Sollecito
Knox does an extended interview with Oggi (for which she and Oggi are being charged) lying about officials and the evidence, but also uttering her angriest blast yet against Sollecito.
8. The Year 2014
1. Click here for Rejected Yet Again By Knox, Sollecito Seems Frantic To Avoid What Might Be A Final Return To Italy
Sollecito (like Sforza) was desperately looking for someone to marry him, to keep him in the US. Kelsey Kay was briefly interested, but he dumped her; he had told her Knox had recently turned him down.
2. Click here for As Knox & Sollecito Try To Separate Themselves, Each Is Digging The Other In Deeper
Sollecito is clearly trying to distance himself from Knox now, claiming that there is far more evidence against her than against him. Knox's irritation with him is growing.
3. Click here for What We Might Read Into Sollecito Lawyer Giulia Bongiornos Final Arguments To The Appeal Judges
Bongiorno shows contempt for Knox; she effectively conveys the sense of the RS family that a crazed Knox dragged RS into this. She see the RS book as a pro-Knox con job by her team.
4. Click here for Spitting In the Wind: Sollecito News Conference Backfires On Him AND Knox - What The Media Missed
Really irritated at the US-written RS book, Bongiorno goes a long way to separating the two perps in the minds of Italians; however RS hedges a little though, after having said the evidence points only to Knox.
Knox As Present Big Loser; Where Next For Her?
These are not all of our posts which include talk of this pushing and pulling, and it happened so frequently that often we simply passed on posting for fear of monotony.
The war by other means continues on Twitter and briefly it hit the crazy-for-Knox Ground Report website. Much damage to Knox is already done, and Italians adamantly want her in prison.
Even in the US the media have cooled on Knox, and as her dwindling supporters become wilder and wilder they too do harm to her paid-for nice-girl image.
A brighter family and paid team would now be saying "It is time for a Plan B and doing something to warm up Italy".
Archived in Officially involved, Amanda Knox, Raff Sollecito, Public evidence, Knox's alibis, Sollecito's alibis, Crime hypotheses, On psychology, Diversion efforts by, The Knox-Mellases, The Sollecitos
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Tuesday, July 15, 2014
Crazed Overkill Of Knox PR Causes Not Only A Sollecito-Camp Reaction But Hurt To Knox Herself
Posted by Peter Quennell
Seattle, generally such a huge plus in the world, embarrased by the river of slime
Act 1. Hubris Of The Knox Public Relations Described
A long report on Marriott's PR appeared late in 2011 after Knox was provisionally released.
David Marriott never visited Amanda Knox during her four years in an Italian prison. He met her this month, when she stepped off a plane in Seattle.
Yet for Knox and her family, Marriott was as important a player in her ordeal as anyone in the courtroom. As Knox's publicist, beginning three days after her arrest, Marriott worked to convince the international public that she did not murder her British roommate while studying in Perugia.
"Hiring him was one of the smartest things we ever did," said Curt Knox, Amanda's father.
The article goes on to describe how family and friends were pushed into the limelight and specific big TV networks targeted. It talks about great financial opportunities for Knox.
Marriott himself demonstrates no understanding of the case - in fact. he sounds proud of his ignorance and his reflexively anti-Italy stance. To a smarter Curt Knox those might have been red flags.
Act 2: Brutal Overkill Of A Flailing Campaign Described
In October 2013 our main poster Media Watcher laid the blame for the slow-moving Knox media cooling at David Marriott's door.
Now The Examiner is only one of many preparing to take another retaliatory whack.
Public relations is perfectly understandable for celebrities, politicians, or executives, but murder suspects too? At first this aggressive proliferation of pro-Knox articles, tweets and commentary were justified as a defense against the European media's negative portrayal of her. However, as time wore on, the overpowering presence of Knox's media campaign has reached outlandish proportions.
Nowadays no blogger is safe to write a factual article about the Meredith Kercher Murder Case without contemptuous comments filling up their Disqus community. Patient webmasters at CNN.com must brace themselves for the onslaught of tens of thousands of interjections cluttering up each and every news article concerning the Meredith Kercher cum Amanda Knox murder case. Mob mentality seems to have taken over Knox's PR initiative. Knox's advocates have gone so far as to aim their crosshairs on the victim's family.
The article, very well researched so far as it goes (it omits the third act below) goes on to describe how Sollecito's camp has had to open a PR front to unchain Sollecito from Knox.
Act 3: How Knox Herself Is Losing Big Described
Know your enemy. Dont go about attacking the king unless you can kill him dead. Italy's Niccolò Machiavelli (1469-1527) wrote about it in The Prince:
If one is striking out at an opponent, one should make sure that the fatal blow is struck, successfully ending the confrontation. Machiavelli wrote that "the injury that is to be done to a man ought to be of such a kind that one does not stand in fear of revenge."
Wise words for Marriott and Curt Knox. They have remained steadfastly ignorant of the enemy. The attack has clearly failed. Wall-to-wall Italy now has the upper hand. And the PR is a millstone around Knox's neck.
Here are seven of the ways the Knox-Marriott campaign has fallen short and has actually done real harm.
- 1) The real case for conviction remains rock-solid with many times the number of evidence points that a US or UK court would require for guilt.
2) No paper trail helpful to Knox exists between the American Embassy and the State Department, and the extradition agreement is precise and firm.
3) Knox's bedrock claim, that she was pressured into a false accusation, not only cost her three years for calunnia but will cost her a defamation trial.
4) The defamatory Knox book that was the windfall David Marriott so jubilantly talks about is turning into an albatross around Knox's neck.
5) The bloodmoney windfall will not remain Knox's to keep, under Italian and American laws, and even Marriott's fees could be at risk.
6) The PR is being unresponsive to ANY damaging claims, such as Knox's attempted framing of Mignini, and its output is increasingly surreal junk.
7) The PR is making the Sollecito camp hostile, Italian media too; at the same time, since the failed appeal, the US media have chilled.
And so we see the slow death of a campaign built on xenophobia, racism, personal abuse, zero understanding of the details of the case, and zero understanding of the real Italy and its law.
Italy is actually rather a sucker for confession and penitence. Against a famously impervious justice system, the hard line was a terrible, terrible mistake.
Coming soon? "Firing him was one of the smartest things we ever did" says Curt Knox.
Below: From the Examiner, David Marriott and Seattle TV reporter Linda Byron
Archived in Officially involved, Amanda Knox, Raff Sollecito, Public evidence, Knox's alibis, Sollecito's alibis, Diversion efforts by, The Knox-Mellases, The Sollecitos, The wider contexts, Italian context
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Friday, July 11, 2014
The Knox Interrogation Hoax #9: Officer Moscatelli's Recap/Summary Session With Sollecito 5-6 Nov
Posted by The TJMK Main Posters
[Sollecito at trial on the day when Inspector Moscatelli testified]
1. What Really Happened on 5-6 November
The intros to Posts #1 to #8 explain what really happened at Knox's recap/summary session on 5-6 November 2007.
In a sentence: Knox was there unwanted and grumpy, was advised to go and sleep, refused, agreed to build a list of possible perps (she listed seven, including Rudy Guede), spontaneously broke into a wailing conniption over a message she sent to Patrick, was semi-calmed-down and repeatedly provided with refreshments, and insisted on writing three statements without a lawyer, all of which said she went out on the night of the attack, all framing Patrick, one even pointing at Sollecito.
Posts #1 to #8 included all the testimony from three police staff (Ficcara, Zugarini, Donnino) who sat with Knox, and then some of the testimony from Napoleoni (who was mainly with Sollecito) and Giobbi (an officer from Rome who was elsewhere in the questura and overheard Knox's conniption).
Inspector Daniele Moscatelli was also from the national police in Rome. He had previously questioned the boys who lived downstairs, and on 5-6 November he led the discussion with Sollecito, who was in a room some distance from Knox. On this night, the subject was to be some discrepancies in Sollecito's phone records. Expectations were low, and many others were still being similarly questioned.
There was some limited interaction with Rita Ficcara's recap/summary session with Amanda Knox, so the claims made here and their timing will become very important.
This will already be a long post, and the last for now on testimony from the police. So we'll highlight all the devils in the details of all this police testimony in our next post. This translation is by Catnip and is also posted on the excellent wiki.
Click here for the rest
Archived in Officially involved, Amanda Knox, Public evidence, Knox's alibis, Diversion efforts by, The Knox-Mellases, Hoaxes about the case, Knox interrog. hoax
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Thursday, July 10, 2014
Are The Rank-Amateurs With Their Hooks In Knox Dividing Into Two Flocks Of Sheep?
Posted by Peter Quennell
Confusion Increasingly On Display
Publicly berating the Sollecitos, Kerchers, Italy and Europe has had a detrimental effect on Knox's public persona?
So says Sophie in the forum text above. Smart take. But Clive Wismayer himself has posted some pretty wild accusations against Italian officials which absolutely dont help Knox at all. People like him should go.
Click here for more of those postings by those supposedly helping Knox. (Guede did it alone? Really?) The postings are a month old, but we hear the internal disputes are now way worse. Three obvious problems stand out.
1. The Sollecito Headache
They dont know as a group whether to try to hug Raffaele Sollecito and his family closer, or to nuke them, in the FOA's usual mode. Some now incline one way, some the other, and it is splitting them apart.
The Sollecito backlash almost certainly isnt done yet. They dont like Knox at all, and further talk of resisting extradition and further demonizing of Italy and justice officials hardly helps them, and will see them back in front of the press.
In no circumstances will Bongiorno ever again let Sollecito get attracted back to the people who have their hooks in Knox - Bongiorno took the harder line at the press conference, and burying the very damaging claims stuffed by the Knox people into Sollecito's book is sure on her radar now.
2. The Bloodmoney Headache
There's rarely much money to be made legally out of trashing murder victims and their families and justice officials as the Bruce Fischers have set out to do. Amanda Knox did get a windfall payment out of her hapless book - but is THAT turning into a two-edged sword…
There's nothing like a huge pot of money unfairly distributed to make people who feel used and unrewarded walk off. So says Clive Wismayer in the text. Knox is clearly acting cheap, maybe because she sees no career ahead, and may have squirreled much of her bloodmoney away for the reasons given here.
Some like Ted Simon seem to have had a very big payday, the lawyers and experts and Marriott and travel and hotels have all had to be paid-for. Media sources tell us that none of their reporters get within miles of Sollecito or Knox without a greedy hand coming out.
And Knox still has to pay the damages awarded to Patrick for maliciously wrecking his life, or risk more time inside.
Knox is to be charged for the false claims in her book on the same lines as Sollecito and the damages awarded could be huge. Knox's publishers have their own liability, but may have been misled, and if they are made to pay damages, they could set their lawyers on Knox.
3. The False-Labels Headache
That "guilters" smear used freely in the text above is an albatross around their necks. It stops them seeing straight and being fully informed and (especially) trying to convince in reasonable terms.
Competent American lawyers and PR would have stopped Knox supporters painting themselves into such a corner long ago on the grounds that it just doesnt work. They dont know their enemy as a result.
What they are really up against is not only people posting translations and analyses on websites (people much more qualified than themselves) but also all the forces of justice in Italy and 90 percent of the population who clearly can see guilt.
The pro-Knox conspiracists are in fact a very small faction. The in-group at the core is a dozen or two at most. Perhaps a few hundred now who might lift a finger for Knox.
In contrast, those who see a case for guilt - and who revere the victim and Italy and its officials and system - are not a mere faction at all. Between them, they are huge. Good smart reasonable people who are very well informed and are certainly not driven by hate.
A lot of what websites like this do, in a media-created vacuum of hard facts, is to simply pass on reliable information from Italy in competent translations of key documents and timely and comprehensive reports.
This "guilters" smear has blinded them to that, and so "garbage-in-garbage-out" and paranoid suspicions and ranting language have become their plagues.
And with no real help, Knox faces 28-plus years.
Archived in Officially involved, Amanda Knox, Diversion efforts by, The Knox-Mellases, Hoaxes about the case, Knox book hoaxes, Other legal cases, Associated trials
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Sunday, July 06, 2014
Spitting In the Wind: Sollecito News Conference Backfires On Him AND Knox - What The Media Missed
Posted by SomeAlibi
Raffaele looks for divine inspiration? Precious little showing at press conference on Tuesday
What on earth were they thinking?
At Tuesday morning's press conference Raffaele Sollecito's team did at least two completely inexplicable things.
Firstly, they scored a spectacular own-goal on the facts surrounding the murder of Meredith Kercher, which has been missed by the press.
Secondly, they did it all for no legal benefit.
In the run up to the press conference it was widely trailed that Sollecito would throw Amanda under the bus by removing her alibi - that she spent the whole of the night of the 1st of November with him at his apartment. After the press conference, it was widely reported he'd done that very thing.
Wrong. Very wrong. In fact, Team Sollecito did the opposite and put a position forward entirely consistent with how the prosecution says Knox, Sollecito and Guede all come together.
Speaking in tongues
There are only a few grains of sand left in the hourglass before Cassation and confirmation of the sentence, which will see Sollecito return to jail until he is well into his forties. You would have thought that it would be "absurd" for him to do anything other than speak clearly and unequivocally.
But that is precisely what didn't happen…
Sollecito and lead counsel Giulia Bongiorno performed a bizarre tip-toe dance, avoiding saying anything clear or direct. Instead, they made points by reference and allusion, with an unhealthy assortment of metaphorical nods, winks, heavy coughs and adjustments of the lapels at key points.
Did Raffaele say that Amanda left his apartment in the early evening? No. As Bongiorno tortuously phrased it: "Raffaele takes note of the fact the court of appeal found there was something of a lie over Amanda's whereabouts… of the fact the court [says] she was not with him in the early evening".
Takes note? What on earth was that all about? Well, the sentence mangling was because at the final Cassation hearing next year, no fresh facts can be heard. The only arguments that can be heard are on failure of due process or failure of logic and reasoning as pmf.org Italian legal expert Popper explains extremely clearly here:
I think we should clarify a number of points after discussions of past few days:
1) Corte di Cassazione does not hear evidence and can only discuss the possible invalidation of a sentence or part of it ref the points appealed, not other points. Corte di Cassazione does not hear defendants or private parties. In public hearings only a specific category of lawyers (Cassazionisti) can speak before them
2) Corte di Cassazione therefore cannot take into account evidence now given spontaneously by the defendant RS directed against AK (eg open door of Filomena) as in Court he has never accepted cross-interrogation of AK's lawyers, except if on some points RS' lawyers appealed in writing for manifest illogicality of reasoning but what he says now cannot be used. Keep in mind Cassazione cannot discuss the merit of the judgement of Nencini and Massei, only invalidate it if this judgement and reasoning were based on clearly illogical arguments or neglected key evidence
3) Only if Cassazione invalidated Nencini and remanded to a further appeal a possible renovation of "istruttoria" (evidence discussion) may take place. Otherwise all RS has to say now, even if he confesses she did it and he only helped clean [unlikely IMHO], cannot be taken into account by Corte di Cassazione and would have to be the possible argument for a "revisione del giudicato" (a case in which, after a final judgement, a convicted person claims there is a clear error and brings solid evidence to prove it, it is quite rare only in case of obvious errors. Procedure can be easily denied and IMHO will be denied if he said he just helped clean as Courts have already considered that scenario and rejected it)
4) any discussion on cocaine was not taken into account to convict (even if true, no evidence they sniffed that night) and will not be taken into account by Corte di Cassazione, in theory will not be taken into account for extradition hearing in US Court as this only verifies there is a conviction and treaty respected. PR is another matter, but I think it is not correct to say that would be added to extradition request and may change legal course. Same goes for garage video.
5) The press conference of RS was useless, the panel of Corte di Cassazione judges has not even been appointed and, while not illegal, it is completely unusual for a defendant to hold a PC talking about an appeal (RS is not a public figure or administrator). What counts is the appeal document that we have read. The "great" point that AK does not talk about RS in memoriale is too stupid for me to discuss it here. We must conclude this was only publicity for Bongiorno, she knows she is likely to lose and wishes to make it seem it is a close call. She has minimal chances, approximating 0%.
6) RS has very low chances to succeed, and LG for AK even less, as Corte di Cassazione explained well what they wanted and Nencini gave it to them. Court presided by AN explained who the people concurring with RG in the murder are and gave clear logical explanation for such conclusion. Also, Nencini confirmed first instance, a trial that was perfectly valid for Cassazione after first appeal was invalidated.
There have been cases of a double iteration at Cassazione eg in very complex terrorism trials, evidence was scarce mostly based on witnesses who wanted to sidetrack other investigations. Here, as Alan Dershowitz said [he does not know much about case but this and a few other points he got absolutely right] all pieces of evidence point exactly in the same direction creating a good case [AD does not know it is overwhelming; maybe he did not read all docs].
One other thing AD said, most FOA and JREF and IIP tend to forget: Court is the judge, not them, Court has the responsibility to evaluate all evidence and issue a judgement that, as long as explained logically and legally in writing [something a US jury would not be required to do] using all available elements, will stand and be final after Cassazione.
So, Team Sollecito needed to phrase all of their "points" as things already said by the Appeal Court, which are now facts in law unless overturned due to failure of logic etc.
From there they must then try and make insinuations about these 'facts', all the while dressing it up as if it were procedurally in accordance with the pre-Cassation phase. Even though … and here one should be allowed a Pepto Bismol given all the twisting and turning… as Popper explains, it will have no effect on the outcome whatsoever.
In the real world, it was quite clear that what Sollecito was actually saying was, "Yes, she did go out in the early part of the evening, even though I'm not personally saying it, those are the Court's words."
He left a massive hanging dot dot dot in place of: 'Hey everyone - Amanda went off and performed the murder with Guede, not me! No, I haven't stated the time of her return, because it's not me talking, it's the court, but she was out, so figure it out for yourselves…'
Not with him in the early evening, which is not the night, we are told, that begins around 11:00 pm
The light at the end of the tunnel has steam billowing underneath it
Here, Team Sollecito run into a horrendous brick-wall of facts which lays Raffaele and Knox out cold. It's not hard to work it through, but the world's weary press are too fatigued by this case to even do some simple "if-then" calculations and draw the appropriate conclusion.
So, let's do it for them here…
- Team Sollecito are saying Knox went out before she sent her SMS reply to boss Patrick Lumumba at 8.35pm. This is in accordance with the case for the prosecution from day dot. They now agree, as the prosecution have always said, that Knox is out of Sollecito's flat sometime before 8.35pm. (In fact, we know it's by at least 8.17pm because this is when she received Lumumba's text to say that she didn't need to go into work).
- Team Sollecito then pause and wink to let you do the math(s). If the murder occurred circa 9.30pm by their estimate (which it didn't, but let's go with this for a second) and you don't know when she returned to Sollecito's for the night, then he couldn't have done it, because he was at home, but she could.
Here, the Press stop and report Amanda is under the bus. Thank heavens for that, not a stain on Raffaele's Warren Beatty white suit and can we all go home now?
Wrong. In fact, it's a horrendous own-goal, which ricochets in hard off the testimony of both independent witness Jovana Popovic and Raffaele's own father Francesco.
- At 8.40pm, Popovic arrives at the front door of Raffaele's apartment and testifies that Amanda Knox opens the front door. It has been suggested that Popovic's self-estimated timing of 8.40pm is wrong, but this rings very hollow indeed. Popovic had done the walk from her late class ending at 8.20pm many times, and knew it took 20 minutes because she lived on the same road – Corso Garibaldi – as Raffaele himself. Both Massei and Nencini agreed with this too. Ouch.
- So Knox, who was out previously, is already back, at least 50 minutes before even the putative time of murder put by the defence and a couple of hours plus before the real time.
- In fact, Raffaele's father Francesco testified to the Massei court that he was certain that Amanda was with his son when he spoke to him at 8.52pm that night. And this was not contested by the defence. Double ouch.
So, even if Knox went out in the early evening, she is objectively shown to have been back at the apartment well before 9pm. And, if that is the case, both Knox and Sollecito are 100% back in the frame. And this is even before they are also seen by a third person who corroborates that they were together that night – Antonio Curatolo. Triple ouch.
Confirming how three became company
Worse yet, Knox has argued for 7 years that she never left the apartment. If Sollecito now "says" she did, but we know objectively that she is back at least by 8.40pm, it supports the prosecution case.
This was that Knox left for work and walked to near the cottage, in the area of the basketball court at Piazza Grimana, around where she received the text from Patrick saying not to come to work.
This is the exact time that Rudy Guede was having a kebab, only a couple of hundred yards away. This provides the opportunity for Knox and Guede to have seen each other. Knox, suddenly at a loose end, makes a plan, which involves asking for Guede's help.
What might that help be? Well, the resurfacing story of Knox's link with a cocaine dealer chimes nicely with the idea that Knox asked Rudy either to supply her or help her get some sort of drugs and that they arranged to meet back up once he had secured them.
Knox then returns to Raffaele's to fetch him, is seen by Popovic and her presence acknowledged at 8.52pm by Papa Sollecito and son, before they both head out to connect with Guede back at Piazza Grimana. (Remember, this is where Knox "saw" Patrick Lumumba, when she tried to frame him).
Guede, as was his wont, managed to get himself invited back to the cottage, perhaps for a shared line. This is consistent with Knox's prison piece "The Story of Marie Pace", where there are at least two++ men present in a kitchen in a "party" type atmosphere taking drugs which ends up with a hospitalised victim.
It's only one theory and there are others. However, what Team Sollecito managed to do this week was to confirm that Knox left the flat. Objective facts and witness testimony tell us the time by which she had returned.
And, in that round trip lies the entire timing, location and mechanism for how Guede became involved, which otherwise makes little sense. Now all confirmed by Team Sollecito…
One of Raffaele Sollecito's telling grimaces when Amanda Knox's name is mentioned
What silence gets you
So what was the point? Face-saving for Raffaele? Hoping to key up populist support? Fat chance in Italy, where the case has been properly reported.
An opportunity to allude to a "truth" (the best one he can think of for now – other truths are available) and say that he and his family believe Knox is innocent? Pull the other one Raffaele!
It is quite clear that several members of the Sollecito clan think that Knox absolutely is guilty and their Raffaele is still too "honourable" to tell the truth. He merely aided the clean-up perhaps. Well in that case, why hasn't he said exactly when she came back? Was it 11pm? 1am? Was it at 5am when the music starts playing. Why won't he or you say?
Or… was it face-saving for Bongiorno, as she faces defeat and seeks to protect her valued public persona? Well, as much as I've tried, I have no idea what they thought they were doing.
And to be honest with you, I honestly don't think they were entirely sure, nor did they think through the consequences of the brick wall objectivity of Popovic + Papa Sollecito.
In the meantime, a family sits in Surrey listening and watching the weasel words and once again is insulted by this "honourable" all-in-white character who knows what "Amanda Marie Knox" did that night, but simply will not say.
Which of course he could choose to do at any moment, court proceedings or not, the way us normal human beings do it: not making allusion, not tipping a wink, but speaking the truth.
But he hasn't and I suspect he won't, even though it actually would now be the only thing that could mitigate the length of his inevitable prison term.
And for his acts and that silence he still won't break - and at least here it is possible to finally speak with certainty - I believe he deserves every one of those 25 years.
Archived in Officially involved, Raff Sollecito, Public evidence, Sollecito's alibis, Appeals 2009-2014, Cassation appeal 1, Diversion efforts by, The Sollecitos, Reporting on the case, Media news, The wider contexts, Italian context
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Friday, July 04, 2014
The Status Of The Various Computers In The Case And Whether Anything Nefarious Happened To Them
Posted by Sallyoo
Trial court 2009 on one of several days computer and internet activity was testified to
1. Computer use as high-stakes evidence
There have been many arguments about computers during the case.
They began at the very beginning, and there is even now, in the final appeal by Sollecito to the Court of Cassazione, one remaining somewhat fantastical theory.
The facts surrounding the computer evidence collected by the prosecution have been obfuscated and contradicted by the defence using exactly the same techniques as have been used about the DNA and other forensic evidence in the case.
Blind the court (and the public) with hypotheses which very few people can follow, and use this ignorance to spread confusion and doubt.
Let's try to shed some light.
2. Five key computers, plus
We know that Sollecito is pretty familiar with computers, he had two at the time, a MacBook and an Asus [1], both portables.[2] His apartment had a decent broadband connection, supplied, (using the Telecom Italia infrastructure) by Fastweb.
We know that both of these computers were sequestered from his apartment on the morning of Nov 6 2007, when Sollecito accompanied a squad of policemen despatched to search his apartment.
We know that the police removed, (on Nov 7), from the house in Via Della Pergola (where there was no telephone nor broadband service) a MacBook belonging to Meredith, a Toshiba belonging to Knox, and a portable computer belonging to Laura Mezzetti.
The police also took an HP portable from Lumumba's apartment.
There is even another computer which the police already had possession of, and that is a Sony portable belonging to Filomena Romanelli. This computer Filomena herself had taken away from her bedroom shortly after the discovery of the murder, and which the questura, in the evening of Nov 2, required her to hand over to them because it formed part of the 'crime scene'.
3. The police HD analysis begins
On Nov 13 a postal police technician (Marco Trotta) received a box containing five computers (two from Sollecito, Knox, Meredith and Lumumba).
On Nov 15, in the presence of Formenti, (a consultant nominated by the defence) Trotta took them apart (removed the hard disks) and attempted to make copies of the data recorded on them.
This is the point at which it is alleged the destruction of three hard disks occurred.
It is difficult to believe that this is the case. Not only because the equipment used had never before (or since) managed to trash a hard disk (and it had no problems with Lumumba's disk) but also because of the state of Filomena's computer, which never got anywhere near Trotta.
All of the computers had of course been in the hands of the squadra mobile for some days before being consigned to Trotta, allowing for the possibility of some earlier interference by some malfeasant policeman.
This isn't likely, not only because Trotta insists that the computers were complete and superficially undamaged, and the hard disks factory sealed when he dismantled the computers, but also because of Filomena's computer.
4. Filomena's Sony machine
It is now time to go a little deeper into the history of Filomena's Sony.
This was a fairly new machine, which she kept in a substantial computer carrying case. It was working perfectly on Oct 30 when she last used it. She had left it in her bedroom, the case standing upright beside her bed, when she went off to spend the brief holiday with her boyfriend.
She found it, still in the carrying case, lying flat in a pile of stuff under the broken window of her disturbed bedroom. [3]
The defence commissioned a Computer Expert Report, entered during the Massei trial, which talked about the reason for the data being irrecoverable on the three computers' disks.
Their conclusion was that the electronic circuitry controlling the hard disks had, in all three cases, suffered damage, most probably due to an electrical overtension. The circuitry had been 'fried'.
They were unable to be certain how or when this might have occurred, or to opine on whether it was deliberate.
Filomena, in the presence of Gregori, (another communications police officer), at the Questura on the evening of Nov 2 attempted to turn on her Sony. It wouldn't work. The hard disk would not respond properly.
When she got it back on Dec 18 and gave it to a private computer technician, he said the control circuitry on the hard disk is 'fried'. Exactly the same fault as had occurred on the other three, which we are expected by th defense to believe was either a deliberate piece of police sabotage, or proof of police incompetence.
5. The Sollecito computers
The important computers, of course, are those owned by Sollecito because he is, even now, still trying to force an alibi out of them.
The MacBook has been accurately interrogated to death, most particularly by a defence expert named Antonio d'Ambrosio who gave very clear testimony at Massei on 26 Sept 2009.
He was even generous enough to acknowledge that the investigations carried out by the postal police were correct, and well interpreted, and that he was able to uncover a little more information simply because he wasn't limited by forensic protocols (and could therefore reveal information not visible to the Encase software used by the police) when he examined a copy of the cloned disk from the Mac.
Basically the only 'news' in this interesting testimony was an interaction with the Apple website at 00.58 on Nov 2, which he did consider a human interaction with the computer.
6. Activity on the Internet
Sollecito maintains he spent the whole evening and night in his flat. At first his story was that he was sending e-mails and surfing the web. This was quickly demolished by reference to the IP log supplied by Fastweb, the broadband supplier.
It's necessary to get slightly technical here.
Most of what we call The Internet, and certainly everything which is called The Worldwide Web, including e-mail clients, subscribe to a protocol which (in shorthand) means everything is a Port 80 request.
The individual computer, via its router, contacts the ISP (Fastweb, in this case) and identifies itself by means of a unique IP address. The ISP then directs the communication to the IP of the website requested.
This is all recorded on the Fastweb network. It is certain that no Port 80 requests were made from Sollecito's apartment (whichever computer he may have been using) between 18.00 on Nov 1 and 00.58 on Nov 2.
There are parts of the international communications network which don't use Port 80 protocols. The most 'innocent' of these are Peer to Peer (P2P) networks – in widespread use for distributing and downloading music and video files.
Sollecito certainly availed himself of these services, using a program called Amule on his Mac. He had a folder containing downloaded files, which was accessible to the program, and thus also accessible to anyone in the world who wanted a copy of something which Sollecito had in this shareable folder on his computer.
If he wished to save the file for posterity, he would move or copy it from this accessible folder into his own archive.
Video files are large, and they take a long time to download. Clearly, to download a file, or to make your publicly accessible folder available, the computer has to be turned on and connected to a router.
If you use these file sharing services extensively, it implies that you keep your computer turned on and connected all the time. It seems likely that this was Sollecito's habit.
Clearly, you need to automate this sort of transfer – often a large file will be accessed in part from one remote computer, and another part will be located on another remote computer – so you simply instruct Amule to get you a film, or a list of films, and you can walk away from the computer.
Even D'Ambrosio is unable to be certain that a human interaction occurred at 21.26 on Nov 1, or whether a pre-requested download of Naruto commenced.
However, no IP addresses are exchanged when connecting to a P2P network, and so it is impossible (from ISP records) to trace any traffic.
It is possible though, from the hard disk, to discover what has been downloaded and saved to a computer on a P2P network, and exactly when – but to distinguish an automated process from a user instigated one is not possible.
7. Computers and Hellmann appeal
Now we move onto the Hellmann appeal, where a report from this same consultant D'Ambrosio was accepted into the case files. I haven't been able to find this report, and Judge Hellman doesn't even refer to it in his sentencing report.
However, the gist of this D'Ambrosio report is included in the current ricorso (appeal) from Sollecito to the Court of Cassazione.
8. Computers and Cassation appeal
We hear a bit about screensaver behaviour, and quite a lot about post Nov 1 interactions overwriting earlier actions.
The major 'fresh' theory now depends on asserting (more than four times in the ricorso) that the postal police destroyed Sollecito's Asus, and that this action has meant that Sollecito's alibi cannot be proved.
The lack of any signs of interaction on the Mac can be explained (so we are informed) by the Mac and the Asus being networked together, using a file sharing utility named Samba, and if the (broken) Asus could have been accessed it might have shown that it had been controlling the Mac.
So the Mac would have been doing things at the command of its owner, but because the owner was interacting with the keyboard of the Asus rather than that of the Mac, these actions are undetectable on the Mac.
This is what we are now being asked to believe.
9. Conclusion and way forward
I think this is an accurate summary of the relevant parts of 'computer evidence' discussed, or deposited, during the hearings and in the ricorso. I look forward to any comments, clarifications, corrections, but above all, to any new theories about how and when the four hard disks got trashed.
From other sources there are an additional two hints at possible new or ignored evidence:
The BBC reported, on 14.03.2009, the following sentence. "A second computer belonging to Mr Sollecito also showed no activity but the suspect had himself admitted it had been broken before the crime was committed." [4]
And then we have Sollecito, in his prison diary of 11.11.2007, being rather more than aware that his computer is not going to be useful to him as an alibi.
I have been very anxious and nervous in the last few days, but to see my father who tells me "do not worry, we will get you out" makes me feel better. My real concerns are now two: the first one derives from the fact that, if that night Amanda remained with me all night long, we could have (and this is a very remote possibility) made love all evening and night only stopping to eat… it would be a real problem [casino] because there would be no connections from my computer to servers in those hours…
No connections in those hours? Hmmm.
10. My references
[1] This computer is sometimes referenced as an Acer. In Trotta's testimony (he is reading from notes) it is listed as an Asus, so I have used this name. There is only one computer whether it's an Asus or an Acer.
[2] There is a reference to a non portable computer in Sollecito's apartment (in the testimony of Popovic). This is the only mention of any non-portable (i.e. desktop or tower cased machine with separate monitor). Given the position from which Popovic saw the screen (on a desk, with Knox sitting in front of it) it seems likely that she was mistaken.
[3] Amanda Knox frequently refers to seeing Filomena's computer on her desk after the 'break in'. At one point in her testimony she changes her mind and corrects herself to change the computer to camera.
[4] http://news.bbc.co.uk/2/hi/uk_news/7943828.stm I have not found another source for this comment.
Archived in Public evidence, Knox's alibis, Sollecito's alibis, The computers, Trials 2008 & 2009, The Massei Report, Hoaxes about the case, Solleci book hoaxes, Raff Sollecito
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Wednesday, July 02, 2014
A Mistake Or Lie By Bongiorno On The Location Where Knox Texted Doesnt Let RS Off The Hook
Posted by The TJMK Main Posters
1. Bongiorno's Claim About Knox's Location
Giulia Bongiorno claimed yesterday that Amanda Knox texted Patrick while she was away from Sollecito's house.
Mobile-phone-tower records show that Knox's phone received Patrick's incoming text telling her not to come to work when she was already somewhere on the route to his bar in Via Alessi.
Knox apparently then turned around and went back to Sollecito's house, because mobile-phone-tower records show Knox texted back, responding to Patrick, from Sollecito's house in Corso Garibaldi at 8:35.
They both claim this in their books - Sollecito himself claims it too. Those books are pretty suspect throughout, but for once they both tell the same truth.
Some five minutes later, Knox and Ms Popovic met at Sollecito's house so Knox was still there then. That is still three to four hours away from the best estimate of Meredith's death.
So the time-period prior to 8:35 pm when Knox texted from Sollecito's flat was the only time-period when there is hard proof that Knox and Sollecito were ever apart that night. In her unforced statements on 5-6 November Knox did claim she went out alone to see Patrick, but we have only her word she was alone.
It seems Bongiorno made a serious mistake or lied - and Sollecito sat beside her happily nodding his okay.
2. The Narrative From Judge Massei's Report
− 20:18:12: Amanda receives the SMS sent to her by Patrick Lumumba, which let her off from having to go to work at the 'Le Chic' pub on the evening of 1 November. At the time of reception the phone connected to the cell on Via dell'Aquila 5-Torre dell'Acquedotto sector 3, whose signal does not reach Raffaele Sollecito's house. The young woman was therefore far [i.e. absent] from Corso Garibaldi 30 when the SMS reached her, as she was walking in an area which was shown to be served by the Via dell'Aquila 5-Torre dell'Acquedotto sector 3 cell. This point of her route could correspond to Via U. Rocchi, to Piazza Cavallotti, to Piazza IV Novembre, bearing in mind that Lumumba's pub is located in Via Alessi, and that Amanda Knox would have had to travel along the above-mentioned roads and the piazza in order to reach the pub
− 20.35.48 Amanda sent an SMS in reply to Patrick, at No. 338-7195723; the message was sent when the young woman's mobile phone was in Corso Garibaldi 30 or in the immediate neighbourhood. The cell used, in fact, was that of Via Berardi sector 7.
3. The Narrative From Judge Nencini's Report
At 20.18 and 12 seconds, Amanda Marie Knox received a text message sent to her by Patrick Lumumba, in which he informed her that it would not be necessary for her to go to the bar to carry out her usual work. At the time of receipt, Amanda Marie Knox's handset connected via the sector 3 mast at Torre dell'Acquedotto, 5 dell'Aquila, as shown by phone records entered in evidence. This mast cannot be reached from the vicinity of 130 Via Garibaldi, the home of Raffaele Sollecito. According to the findings of the judicial police entered in evidence, this mast could be reached by anyone in Via Rocchi, piazza Cavallotti or piazza 4 Novembre, all locations in Perugia which are intermediate between 130 Via Garibaldi, the home of Raffaele Sollecito, and Via Alessi, where the "Le Chic" bar is located.
From this set of facts established in the case, Amanda Marie Knox's claim, according to which she received Patrick Lumumba's text message while she was at 130 Via Garibaldi, appears false. Given the mast connected to and the time, it is reasonable to assume that, when Amanda received the message, she had already left Raffaele Sollecito's home and was on her way to the "Le Chic" bar. Presumably, she then turned around and went back.
Here, then, is the first crack in the account of the young woman who, in her narrative, claims never to have left the house at 130 Via Garibaldi from the moment of her entrance into the house in the afternoon of 1 November 2007, together with Raffaele Sollecito. There is oral evidence (the deposition of Popovic) and evidence obtained through phone records that, at around 18:00 on 1 November 2007, Amanda and Raffaele were at the home of the latter. Later, at precisely 20:35 and 48 seconds, when Amanda Marie Knox sent a text message to Patrick Lumumba, connecting to a mast serving 130 Via Garibaldi, both were once again [118]together at Raffaele Sollecito's home. This fact is confirmed by Popovic, who went there to cancel that evening's appointment with Raffaele. In fact, the witness reported that she had visited Raffaele's home at around 20:40 in the evening.
In essence, it can be established with certainty that Amanda and Raffaele were apart, albeit for a limited period of time, on the evening of 1 November 2007, contrary to what is stated repeatedly in multiple statements made by Amanda Marie Knox.
Archived in Officially involved, Amanda Knox, Raff Sollecito, The defenses, Appeals 2009-2014, Cassation appeal 1, Diversion efforts by, The Sollecitos, The wider contexts, Italian context
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Amanda Knox Left Sollecito's House By Herself? Both Claimed It But Neither Of Their Books Back It Up
Posted by The TJMK Main Posters
1. Current Contexts Of Sollecito's And Knox's Books
Neither book is exactly riddled with truths.
The claims throughout Sollecito's book are soon to be the subject of a trial in Florence and the claims throughout Knox's book are soon to be the subject of a trial in Bergamo. So both will need to endorse or reject what they wrote.
Plus Knox will need to endorse or reject this, from the first unforced statement she insisted on making without a lawyer on 6 November 2007. This is what Sollecito is gleefully using against her now.
Last Thursday, November 1, a day on which I normally work, while I was at the house of my boyfriend Raffaele, at around 8:30 pm, I received a message on my cellular phone from Patrik, who told me that the premises would remain closed that evening, because there were no customers, and thus I would not need to go to work.
I responded to the message by telling him that we would see each other at once; I then left the house, telling my boyfriend that I had to go to work. In view of the fact that during the afternoon I had smoked a joint, I felt confused, since I do not frequently make use of mind-altering substances, nor of heavier substances.
I met Patrik immediately afterward, at the basketball court on Piazza Grimana, and together we went [to my] home.
2. From Sollecito's Honor Bound (Simon & Schuster 2012)
Amanda and I smoked a joint before leaving the house on Via della Pergola, wandered into town for some shopping before remembering we had enough for dinner already, and headed back to my place. Shortly before six, a Serbian friend of mine named Jovana Popovic rang the doorbell and asked if I'd mind driving her to the bus station at midnight to pick up a suitcase her mother was sending. I said that would be fine. When she left, Amanda and I sat down at the computer to watch a favorite movie, Amélie.
We had to stop the film a few times as the evening wore on. First, Amanda got a text from Patrick telling her it was a slow night because of the holiday and he didn't need her to come in after all. It was like getting an unexpected snow day—we were thrilled. Amanda texted back: Certo ci vediamo più tardi buona serata! Sure. See you later. Have a good evening.
Then my father called. He and Mara had just seen the Will Smith movie The Pursuit of Happyness, and he told me how beautifully it portrayed the relationship between a father and his son. My father was always making phone calls like this. It was sweet that he wanted to share his experiences, but he also made everything he said sound vaguely like an order, as if laying out the parameters of how I should react to things before I'd had a chance to form my own opinion. But he never stayed on the line for long—he is too nervy and impatient—so I listened calmly and the call was over in less than four minutes.
In the meantime, Jovana dropped by again and told Amanda that I didn't need to drive her to the bus station after all. Now we didn't have to leave the apartment. The evening was ours, and we couldn't have been happier. We switched off our cell phones, finished watching Amélie, and discussed what to make for dinner…
When Amélie ended, I went into the kitchen to take care of some dishes left over from breakfast before we started making dinner. I soon realized that water was leaking out of the pipe under the sink, and I cursed under my breath. I'd had a plumber come and fix the sink just a week earlier, and he had made me buy all sorts of replacement parts that clearly were not put together properly. I suspected he had left them loose on purpose to force me to pay for another visit. As Amanda and I threw kitchen towels onto the puddle on the tile floor, I decided I was going to let my landlady deal with it from now on.
"Don't you have a mop?" Amanda asked. I did not. She offered to pick one up from Via della Pergola the next morning and bring it round.
We cooked a fish dinner, did our best to wash the dishes again, and tumbled gratefully into bed in each other's arms. Only later, when I lay in the dark, unable to sleep, did it dawn on me that Papà had broken his usual habit of calling to wish me good night.
It turned out he did so out of consideration. He had been about to pick up the phone when my stepmother talked him out of it. "Stop bothering him," Mara said, as they got ready for bed around eleven o'clock. "He's with Amanda, and they want to be alone. Why don't you send a text instead?"
My father took her advice, but because my cell phone was turned off, I didn't receive the message until six the next morning.
It was a desperately unlucky combination of circumstances. If my father had tried my cell and then called me on the home line—which he would have done, because he's persistent that way—I would have had incontrovertible proof from the phone records that I was home that night. And the nightmare that was about to engulf me might never have begun.
My father called my landline a little before nine thirty the next morning to make sure we would be ready for our day trip to Gubbio. I was too groggy to talk. I'd been up several times in the night—listening to music, answering e-mail, making love—and wanted only to go back to sleep. Amanda got out of bed and said she was going home to shower and change her clothes, so I walked her to the front door, gave her a kiss, and crawled back under the covers.
3. From Knox's Waiting To Be Heard (HarperCollins 2013)
Raffaele and I were good at being low-key together. We chilled out in the common room and smoked a joint while I played Beatles songs on the guitar for an hour or so. Sometime between 4 P.M. and 5 P.M., we left to go to his place. We wanted a quiet, cozy night in. As we walked along, I was telling Raffaele that Amélie was my all-time favorite movie.
"Really?" he asked. "I've never seen it."
"Oh my God," I said, unbelieving. "You have to see it right this second! You'll love it!"
Not long after we got back to Raffaele's, his doorbell rang. It was a friend of his whom I'd never met—a pretty, put-together medical student named Jovanna Popovic, who spoke Italian so quickly I couldn't understand her. She'd come to ask Raffaele for a favor. Her mother was putting a suitcase on a bus for her and she wondered if he could drive her to the station at midnight to pick it up.
"Sure," Raffaele said.
As soon as she left, we downloaded the movie on his computer and sat on his bed to watch it. Around 8:30 P.M. I suddenly remembered that it was Thursday, one of my regular workdays. Quickly checking my phone, I saw that Patrick had sent me a text telling me I didn't have to come in. Since it was a holiday, he thought it would be a slow night.
"Okay," I texted back. "Ci vediamo più tardi buona serata!"—"See you later. Have a good evening!" Then I turned off my phone, just in case he changed his mind and wanted me to come in after all. I was so excited to have the night off that I jumped on top of Raffaele, cheering, "Woo-hoo! Woo-hoo!"
Our good mood was only elevated when the doorbell rang again at 8:45 P.M: Jovanna had come back, this time to say that the suitcase hadn't made the bus and that she didn't need a ride after all. With no more obligations, we had the whole rest of the night just to be with each other and chill out.
After the movie ended, around 9:15 P.M., we sautéed a piece of fish and made a simple salad. We were washing the dishes when we realized that the kitchen sink was leaking. Raffaele, who'd already had a plumber come once, was frustrated and frantically tried to mop up a lot of water with a little rag. He ended up leaving a puddle.
"I'll bring the mop over from our house tomorrow. No big deal," I said.
Raffaele sat down at his desk and rolled a joint, and I climbed into his lap to read aloud to him from another Harry Potter book, this one in German. I translated the parts he didn't understand, as best I could, into Italian or English while we smoked and giggled.
Later, when we were in bed, our conversation wound its way to his mother. His dad had divorced her years before, but she'd never gotten over the break. In 2005 she had died suddenly. "Some ¬people suspect she killed herself, but I'm positive she didn't," Raffaele said. "She would never do that. She had a bad heart, and it just gave out. It was horrible for me—¬we were really close—¬and I miss her all the time."
I felt terrible for him, but it was hard for me to relate. The only person I knew who had died was my grandfather, when I was sixteen. I felt sad when my mom told me, but my grandfather had been old and sick, and we had expected his death for a few weeks.
I'm sure Mom and Oma must have cried, but my strongest memory is sitting around the dining room table telling funny stories about Opa. My grandmother's message—that grieving was something you did in private; that you didn't make public displays and you kept on moving forward—had remained with me.
Hearing the pain in Raffaele's voice, I hurt for him. Nestling my head on his chest, I tried to be comforting.
As we started kissing, Raffaele gave me a hickey on my neck. We undressed the rest of the way, had sex, and fell asleep.
We'd known each other for exactly one week and had settled so quickly into an easy routine that one night seemed to melt happily and indistinguishably into the one that came after.
We planned to break our routine the next day, All Souls' Day, by taking a long drive into the countryside, to the neighboring town of Gubbio. The November 2 holiday wasn't usually observed with as much fanfare as All Saints' Day, but since it fell on a Friday in 2007, a lot of people, including us, were turning it into a four-day weekend. I thought, Italians having a good time again. And I couldn't wait.
Archived in Officially involved, Amanda Knox, Raff Sollecito, Public evidence, Knox's alibis, Sollecito's alibis, Diversion efforts by, The Knox-Mellases, The Sollecitos, Hoaxes about the case, Solleci book hoaxes, Knox book hoaxes
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Tuesday, July 01, 2014
Twice Today Amanda Knox's Long-Running Interrogation Hoax Turns On Her To Bite Her In The Tail
Posted by Peter Quennell
1. Today's Sollecito Claims
Take a look at this Knox statement and this Knox statement and this Knox statement.
If you think Knox was in a planned police interrogation, and her framing of Patrick was forced, over some hours, by tag-teams of cops, with no food, no drinks, no interpreter, and no lawyer, then the cops look bad and Knox is maybe home free.
But in fact voluminous testimony at trial by a whole host of those present in Perugia's central police station on the night of 5-6 November 2007 confirm that absolutely none of that is true.
In fact Knox rolled over on Patrick in a heartbeat, and it happened during a quiet session of name-listing of possible perps, a task in which Knox was pretty eager - perhaps so eager because none of them were herself and one of them was Rudy Guede.
Knox had turned up late at the police station, unwanted and grumpy, was advised to go and sleep, refused, agreed to build that list of possible perps (she listed seven), spontaneously broke into a wailing conniption over a message she sent to Patrick, was semi-calmed-down and repeatedly provided refreshments, and insisted on writing three statements without a lawyer all of which said she went out on the night of the attack, all framing Patrick, one even pointing at Sollecito.
Knox's erratic claims of pressure were of course disbelieved by the Massei trial court, she was convicted of calunnia, her appeals failed both at the Hellmann appeal court and the Supreme Court, and she served three years in Capanne Prison. Knox still owes Patrick a major payment and she herself continues to propagate the interrogation hoax repeatedly - in her book, on TV, in her email to Judge Nencini, and in her appeal to the European Court of Human Rights.
Sollico is now taking advantage of those three statements, and a claim that Knox's text message to Patrick was sent from outside Sollecito's apartment, to hint that Knox told the truth there, and he was not with her at the time when Meredith was killed.
2. Why This Might Resonate In Italy
This might lead to some review of "new evidence" though it cannot happen before Cassation confirms conviction.
Not so much because of the hard facts, which belie him, but because of the growing recognition of the enormous damage done to Italy's reputation by Curt Knox, Chris Mellas, and the paid thugs of their campaign.
And the threats to fight extradition, and the appallingly large sums of blood-money.
3. The Curt & Edda Defamation Trial
In a double whammy, a judge ruled in Perugia that Curt Knox and Edda Mellas must go on trial in the hard-line Florence court for their role in propagating that same interrogation hoax.
That is the same court that is already staging felony trials against Frank Sforza and Luciano Aviello and will soon stage defamation trials for the ironically titled Honor Bound against Raffaele Sollecito and Andrew Gumbel.
This is from Andrea Vogt's latest website report (Update June 30, 2014) which as usual leaves in the dust all other non-Italian reporting except Barbie Nadeau's and John Follain's (though that is sadly behind the UK Times pay-wall).
Amanda Knox's biological parents, Curt Knox and Edda Mellas, faced a trial hearing in Perugia Monday on charges of defaming the local police with allegations in the international media (and reported in Italy) that their daughter was abused during questioning during the 2007 investigation into the murder of Meredith Kercher.
The case Monday came before Perugia Judge Noviello, who opted not to hear witness testimony, but instead moved the case to Florence. This because the judge reportedly noted that the Perugia prosecutor was also defamed, even though he did not make any official complaints, therefore it is a case that should be handled outside the sphere of Umbrian influence.
Amanda Knox was convicted on appeal in January in Florence, but still faces another trial there – that of allegedly slandering the police (calumny) with false accusations on the stand, which in Italy is a more serious charge than just defamation\libel. Knox and her parents now both face decisions by Florentine courts about the outstanding charges
The claims being targeted for trial were made in 2010 so the Florence court has another three-plus years before the statute of limitations cuts in.
And this (tick tick) is from a TJMK post by Jools in January 2012.
The name of Amanda Knox was included in the list of trial witnesses that the defence for Kurt Knox and Edda Mellas, lawyers Dalla Vedova and Luciano Ghirga intend to call to testify in court.
So Amanda Knox could want to testify under oath on the interrogation hoax - either that or see her parents go down. (Knox will probably also face trial in Bergamo for extensive defamation in her book. Amanda Knox could again want to testify under oath on the interrogation hoax - either that or see herself go down.)
We understand it was Knox lawyer Dalla Vedova who first asked for the Knox-Mellas trial to be moved to Florence. That was when Dr Mignini was the subject of a phony prosecution in Florence and Dalla Vedova seemed intent on embarrassing him.
Now Dr Mignini is riding high nationally, and is maybe having a few grins at Dalla Vedova's predicament.
Archived in Officially involved, Amanda Knox, Police and CSI, Public evidence, Knox's alibis, Diversion efforts by, The Knox-Mellases, Hoaxes about the case, Knox book hoaxes
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Monday, June 30, 2014
Apart From Cassation's Unyielding Mandate, More Problems With The Belated Sollecito/Bongiorno U-Turn
Posted by The TJMK Main Posters
1. The Appeal's Grounds For Separation
That bizarre infatuation of Bongiorno's with Knox as Jessica Rabbit is clearly long-gone.
Now the poor boy was home alone and the absent Miss Rabbit had reason and opportunity. Tiziano posted these ten translated points from the new Sollecito appeal to Cassation, which seems to have the highly nervous Knox camp's tongues tied.
Among the numerous flaws the proceedings appealed against present, the one linked to the claimed impossibility of differentiating between the two accused stands out.
On this point the Appeal Court denied any in-depth analysis at all of the individual roles - an investigation urged by the defence - avoiding taking any position about alternative constructive hypotheses.
10 points are enumerated by the defence in this regard:
- AK's memorial referring to events at via della Pergola was in the singular
- AK reported receiving SMS not to go to work from Lumumba, but went out just the same
- AK admitted having lied to RS
- RS did not calumny anyone: the accusation against PL was never confirmed by RS
- AK in her memorial positioned only herself at the crime scene at the time of the scream
- only AK's blood was on the knife blade
- no mixed traces RS/MK were found and highlighted by luminol in the house
- Quintavalle claimed to have seen AK the morning of November 2nd, not RS
- RS did not know RG and had no reason for wanting MK's death
- the alleged bad relations and the question of disappearance of money regarded only MK and AK
2, Popper Explains Why They Will Go Nowhere
Popper the highly informed Italian commenter on TJMK and PMF has explained on a previous post why this will fall on deaf ears in Cassation.
if RS said something he has not said before it would make no difference now. No more evidence can be admitted at the trial.
Fase istruttoria is over as judgement of merit. Cassazione can only respond on points appealed and they must be points of law otherwise they are not admissible. Defendants do not talk in hearing.
Once they are convicted, for example, if he had new information on the case and new evidence that proved (in a convincing way) he is not guilty, he could ask for revisione, basically a review of the trial.
He clearly has nothing to say though ... if he said she went out, judges knew that already. If he said that night he was in Milan and could prove it conclusively, that could trigger a review of a final sentence.
We are clearly talking in theory, no such thing will happen.
3. Could The 10 Points Have Worked Previously?
If Judge Nencini was still in the saddle could the ten points have had merit?
Our continuing Interrogation Hoax series has been hammering on the fact that on 5-6 November 2007 quite unpressured Knox herself did state that she went out alone without Sollecito on the night Meredith was murdered.
But these ten cherrypicked points above and a claim that RS was not even at Meredith's house that night are self-destroying over-reach. They would not have caused a win or partial win for Sollecito. Not one of them stands up as a get-out-of-jail-free card upon close readings of the reports of Judge Massei and Judge Nencini.
The lower courts did NOT deny analysis of the individual roles - the two themselves opted to be tried together, while Rudy Guede, fearing two snakes, chose to be tried separately.
WHEN did the defense urge investigation of their differing roles? What did the Massei trial court miss? It had many months of the sight of Sollecito - sitting there sulky, saying little, not taking the stand. Yes, not assisting Jessica Rabbit with an alibi, but that was not so obvious.
The wounds on Meredith and the evidence points in Meredith's room point overwhelmingly to three attackers. They prove the use of two knives from opposite sides. It was Sollecito's knife that was used for the fatal blow; that remains unshaken - actually, more confirmed by the Carabinieri.
See Ergon on the implacable knife evidence. Sollecito was the knife fetishist, and the one who was already into the cocaine or crystal meth that Knox was probably on judging by her telling smell the next day, her bizarre behaviors through the week following, and her odd money trail.
See the implacable evidence against him on the bathmat by SomeAlibi and Yummi. That footprint had to have been imprinted within a few minutes of the end of the attack on Meredith.
After the hijacked Hellmann appeal in 2011 Sollecito was deeply craven to Knox and her family and entourage on the US west coast. Craven to the extent that his own family (which despises the Knox-Mellases and blames Knox for his predicament and their lost name and enormous expenses) once hurriedly hopped on an aircraft to Seattle to enforce their separation.
Sollecito's hapless book-agent Sharlene Martin and shadow-writer Andrew Gumbel both live on the West Coast and Knox's radioactive FOA obviously provided most of the malicious fantasy that constitutes his defamatory book.
Playing chicken with the Italian justice system is notoriously suicidal. The crazy aggression of the Prestons, Fischers and Moores did not help Sollecito at all at the Nencini appeal (though it helped Knox even less - she got handed the longer sentence.)
The gods-in-their-own-minds in the FOA got Sollecito no US job and no US viza. The email to Judge Nencini and the appeal to ECHR and the promised fight against extradition for Knox are to him merely insults, and attempts to separate Knox off.
So, back in Italy, he is confused, let-down, disgruntled, and loaded for bear. Knox was the loose canon in 2007, Sollecito is the loose canon now.
Here is a key exchange between our main posters SeekingUnderstanding and Hopeful from previous threads.
4. Take On RS Now By SeekingUnderstanding
[t does seem so very sad and frustrating that Raphaele did not open the window of opportunity, as Judge Nencini tried to nudge him to do, just before Christmas.
He is less easy to read than Ms. Knox , for a number of reasons - more introverted, less articulate (certainly in English; but he also doesn't seem expressive in his own language), and because of the psychology itself.
You may remember I suggested AK finds it unbearable to acknowledge her darker side, to own her projections; unbearable to be thought of as 'a monster', to be unlovable, or indeed hated by people. This may be a strong component in her lying.
I believe Raphaele also finds things unbearable, but whereas Amanda appears to turn this unbearable feeling into lashing out to others, - I think in Raphaele, he finds himself and 'what has happened to him' (passive aggression) unbearable. His judgement has not only been poor, but catastrophically poor, - and he must know this. One wonders why the self-destruct.
He knows his life is ruined, and he knows his appalling judgement was instrumental. He truly doesn't have confidence in himself, but bluffs anyway. His 'ex', by contrast,has too much. If only she could have self-doubt, and feel shame.
He is not unintelligent, by no means, yet his choices and decisions at times have seemed near idiotically stupid. So there must be something else going on, something deep in his psyche that causes such confusion in his mental and emotional universe.
He seems unable to organize his emotions. He appears to want or expect or need a woman to 'sort them out' (sort him out). His relationship with his mother would probably reveal the source of this. How did she manage her emotions? Or did they rule her? . These are the sort of questions I might be asking. He seems overwhelmed, swallowed up by the juggernaut that AK set in motion.
Was his mother easily overwhelmed by life's problems? Something has gone wrong (drastically) with a healthy model for his 'anima'.
Where Amanda is the arch manipulator, he is highly manipulable. He seems to copy. Like her, his self-identity is weak, but for different reasons. Drug use, I would suggest, has been both crucial and disastrous for his mind. From this point of view, prison will be a constructive environment for him, (as AK too). Perhaps without the distorting and illusory aspects of drugs he might begin, over many years, to experience true spiritual (and therefore moral) issues.
I always think drugs give a delusion of spiritual experience ('the highs'), - wanting them can be (for an introvert) indicative of longing for something more spiritual, but using them will actually prevent such an experience, emphatically.
So then there is bitterness and emptiness, as well as despair and, still, confusion. Thus the addiction which starts as a cycle in the mind.
I knew a psychologist who worked with highly motivated and successful people in the Arts - people who would have burn out, creativity, and performance issues. He was extremely clever. But he was adamant that there had to be a hierarchy for dealing with problems.
That is to say, if someone was using drugs and/or alcohol to the point of misuse (extremely common in the performing arts), - this problem had to be mastered and dealt with FIRST, before anything else could even be addressed. This may seem irrelevant (as Sollecito hasn't shown he is creative), - but I would
say the signs are that his past (and current?) drug use needs to be sorted before anything else can possibly be.
Such a destructive shame that this has all dragged on for 7years.
I don't think he has any idea as to how to give a 'press conference' - even supposing , by a miracle, he was going to tell the unadulterated truth. He is way out of his depth. I doubt he has sufficient communication skills in his own language, let alone In English for the American media.
5. And The Take Of Hopeful On RS Now
As he is back in the spotlight for the July 1 press conference, your observations about him are timely. He does seem more introverted than Knox, and less articulate. Correct me if I misinterpret what you said about him, that rather than lash out at others aggressively like Knox does to disperse and blame others for her awful feelings about her dark side, Sollecito does the opposite and feels the weight of shame but turns the unbearable feelings inward. He is poster child for passive-aggressive.
I also believe he does have a sense of deep loyalty and faithfulness to his family, since his father has never abandoned him nor did his mother. He has misplaced loyalties at times, and combines a stubborn streak with false sense of need to persevere after he has made wrong steps.
This comment is mainly a review of what you conclude about Raf, but bears repeating. He is ashamed of his "catastrophically bad judgment." I agree, his pride is wounded, his vanity more than his love for Knox.
I believe Raffaele sincerely regrets what he realizes he has done to his own family, but still can't quite confess it. Maybe part of him is sorry but part of him is secretly glad he is controlling his father's destiny, in punitive action for divorcing his mother. He also sent his sister's career down the cliff. His sister is really to blame for that so with true passive-aggressive deceptiveness he can hide his responsibility for it while causing it.
His wanky emotions have made a trainwreck of his intelligence and caused him to do "idiotically stupid" things and self-destruct.
His drug use to relieve inner confusion caused by lack of self-identity is a coping method that does more harm than good. His patience is more of a drug stupor that makes him slow to act, than real gritted teeth patience, which may be why we've waited this long (6 years) for him to reveal the truth about Knox.
He stayed in a cloud of marijuana until she came along. She liked the drugs, too. He allowed her to set the course of his life because he needed or wanted a woman to sort out his emotions. Maybe he was competing with dad with a new hot blondie, too. He didn't fathom that Knox would become so extreme and so terrifying.
He underestimated Knox, and she saw she could manipulate and destroy him with one hand tied behind her back. She reveled in the besotted weakling, and she felt superiority over Guede too, and soon despised them both. She wouldn't fall into some darkened room or quiet void of depression like Raffaele's mom had done giving up on life. The insulated quiet Italian boy raised scrupulously did not see that with Knox he would be "swallowed up in the juggernaut AK set in motion". He wanted her power and excited vision, but he couldn't understand her mental illness that went with it. Love is blind.
As long as he could blame her and not himself maybe he was OK with it, especially with drugs to dull the pain, until he felt the full impact of her punishment and years later her treachery. Finally he grew a brain and saw it was Knox who betrayed him, not vice versa. Maybe the press conference is to set that straight.
His drug use got him through much of his first year of prison when he lost all sense of time and space. He was a basketcase. He probably used meds his last 3 years behind bars as well. Perhaps Dr. Sollecito saw that his son got legal prescriptions for him, maybe even purchasing prison favors that way, who knows?
Maybe Knox scoffed at Raf's crutch, and she continued to compete with him behind bars. She scoffed at her mom for taking antidepressants. Knox had no room to talk as she herself was reportedly a massive drug user at UW and in Italy found a job where liquor flowed.
Has Raf continued the drug use? Does Greta his new girlfriend use drugs? Or has he sworn them off motivated by anger and determination to clear his head for his legal fight?
The concept of "anima" is unknown to me, although the term is familiar. I will research it online, thank you. Your insights are always valuable, thank you for sharing them. Thanks for educating us in the short comment format which can't do justice to your full knowledge of the subject, but does shed a lot of light and points the way.
Raffaele's mother and her sad demise seem to be at the root of her son's depression. Raf has lack of confidence and the need to bluff where he feels no real power. He and Knox are still learning tricks from each other.
I think Knox may have been a father-figure to him in a twisted way, because Amanda is energetic and adventurous and for a short while in Perugia seemed to have it all together and be a hard worker like his dad. Raf met Knox at the peak of her exhileration with her new life in Italy. Like a drug high, it might not have lasted. He was completely deceived.
He may have felt he could never compete with his older sister who might have seemed to him like Amanda and his dad: energetic, capable, feet on ground. This is probably what Raf needs in his life.
Raf commented on Knox living life as if in a dream, there was no reality in her mind, she lived only for pleasure. Maybe he did not like this side of her. This was his wakeup call and he spoke about it openly because it was something he didn't like, having thought at first glance she was a strong American. He didn't know whether to attribute her odd mental impracticality to her nationality, her genetics, her femaleness, or her unknown religious upbringing. He had no clue, and maybe it even made him feel stronger and more grounded by comparison since he had formerly thought of himself as a tetherless dreamer but he didn't want another spaced out confused dreamer like himself for a partner and was having second thoughts. He preferred her rough kick-butt side. She was the brother he never had, a wild West type, a cowboy to climb trees with and roam the range, the key to a new country after his launch to Munich didn't work out.
In early childhood Raf maybe got labeled or saw himself as "slow" or "dumb" and began to live a self-fulfilling prophecy. He might have felt misunderstood knowing that he did have a lot of intelligence, but that he did not have the same personality as his dad or sis, and not wanting to be equated with his pushed aside mom. He must have felt very alone.
He also may be carrying a lot of shame about his MPD Psycho habit and his secret fantasy life of violence.
Raffaele may have been turned off yet partly tantalized by his father's profession. A doctor sees a lot of blood and gruesome things with the body.
Raffaele may hero worship a father who can face such grotesque things without wincing, and a sister who had power with the police and saw crime victims.
You mention the Arts and a psychologist who treated performers with burnout and creative types who needed help or a life coach. Maybe Raffaele does see himself as more that artsy type of person, someone wanting to create computer games, sci-fi fantasy, or be an "Experience Teller". He did write a book, so maybe he does fall into the category of artistic temperament, which often needs a guide or an infusion of stiffened backbone to face the realities of life in a business sense.
Knox seems to be struggling with math, yet her mom is a math teacher and her dad an accountant.
Archived in Officially involved, Amanda Knox, Raff Sollecito, The defenses, Diversion efforts by, The Sollecitos
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Sunday, June 29, 2014
Sneak Preview Of Giulia Bongiorno Making Silk Purse Out Of Sow's Ear At RS Media Nonevent This Week
Posted by Peter Quennell
What is the Sollecito lawyer and politician Giulia Bongiorno most famous in Italy for?
Well it sure aint her grasp of the finer points of Italian law. Or her ability to win in court without over-the-top PR and peculiar tricks. Or her accuracy on those pesky facts of the case. Or her foolish tongue before a very key judge.
Most of all, what Bongiorno IS known in Italy for is being shrill, bullying, and high-key - most especially when yet another of her hapless clients is going down, or when she is on the political stump.
Watch this spot-on satirical impersonation by the terrific Italian impersonator Dario Ballantini which was aired nationally on Italian TV and made a lot of Italians laugh. You can hear the audience there.
It doesnt need a grasp of the Italian language to amuse long-suffering Bongiorno skeptics seeing her taken down a peg. Meredith, the name of the victim here: does Bongiorno even know that? If the victim's suffering family was Italian and regularly on Italian TV would Italy tolerate her callous, cruel act?
Here is an Italian woman one really can admire.
Archived in Officially involved, Raff Sollecito, The defenses, The wider contexts, Italian context
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Saturday, June 28, 2014
Sollecito Suddenly Remembers He Wasnt There But Cannot Speak For Knox Who (As She Said) Went Out
Posted by Peter Quennell
1. Today's Development
Sollecito is said to be standing on Knox's shoulders there… Sollecito is becoming intent on digging himself out (really). Bu there are problems.
Let us start by considering the last two public performances by Raffaele Sollecito's defense, both in Florence. They consisted of:
- 1. Giulia Bongiorno in her summation back in January, in Florence, at the tail-end of RS's and AK's appeal, ranting on foolishly about Perugia and Rome justice officials, in an apparent attempt to outdo even the nastiness of Amanda Knox's earlier email which also ranted on foolishly to Judge Nencini.
2. Giulia Bongiorno fooishly taking strong offense to Judge Nencini wondering why Sollecito remained so bound to Knox and so little forthcoming, and then Bongiorno foolishly having her political allies advance a complaint to the Supreme Council of Magistrates, dropped after a brief investigation.
Now guess what?
An apparent u-turn, or at least a blink and slight deviation, in the suicidal game of chicken the Knox and Sollecito camps have long thought to be so smart.
Bongiorno or others very close to Sollecito, probably including his father and an aunt, seem to be shooting for a teeny bit of separation.
This loosening of bonds with Amanda Knox is hinted-at in his appeal to Cassation (which frankly we find boring, repetitive and childish) over the Nencini finding.
Today it is made slightly more explicit by Sollecito in a magazine interview. And next Tuesday the Sollecito team will stage a press conference.
2. Fraught With Problems
The Sollecitos would be wise to bump up their plea to Cassation about 100-fold. If this new bid is to go anywhere it MUST be referred back down to Judge Nencini.
Yes that is the same Judge Nencini who already reacted firmly to abrasive pressure from the Knox camp. And the same Judge Nencini who early this year felt the abrasive pressure described above from the Sollecito team.
Substantial evidence that Sollecito was at the house still looms like an 80,000 pound gorilla - see a listing of it in one of our next posts.
And one key thing about the Italian system: it has immense capacity to hit back very hard in response to out-of-court pressure and attempts to poison public opinion.
As we have explained previously, these strong powers originate in the endless fight against the mafias, which have long used defamation of justice officials as a way of seeking some relief for their guys.
The reason why Knox is sentenced to 28 and a half years on top of her three years served for calunnia doesnt yet seem to have sunk into the slow minds of Knox or her family or her vigilantes..
But Sollecito is increasingly alive to the ability of Italian justice to hit back very hard when the justice system and its officials are impugned.
Yesterday Sollecito and his lawyer Alfredo Brizioli were being interviewed for the multiple false charges of crimes in Honor Bound The book is pretty horrific and new charges seem certain.
The foolish shadow-writer Andrew Gumbel has surfaced, and appointed a lawyer, and is expected to join him.
Our guess? Sollecito will need to tell all, and make a major plea for forgiveness from the Kerchers, if any grownups are to listen to him.
Archived in Officially involved, Amanda Knox, Raff Sollecito, Public evidence, Knox's alibis, Sollecito's alibis, Diversion efforts by, The Knox-Mellases, The Sollecitos
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Wednesday, June 25, 2014
The Knox Interrogation Hoax #8: Testimony Of Interpreter Donnino And Central Police Officer Giobbi
Posted by The TJMK Main Posters
Knox shortly before rising to try to persuade court against this damning testimony
1. What Really Happened on 5-6 November
The intros to Posts #1 to #7 explain what really happened at Knox's recap/summary session on 5-6 November 2007.
In a sentence: Knox was there unwanted and grumpy, was advised to go and sleep, refused, agreed to build a list of possible perps (she listed seven, including Rudy Guede), spontaneously broke into a wailing conniption over a message she sent to Patrick, was semi-calmed-down and repeatedly provided refreshments, and insisted on writing three statements without a lawyer all of which said she went out on the night of the attack, all framing Patrick, one even pointing at Sollecito.
The headers of all previous posts in this series can be found at the end of Post #1.
2. Testimony Of Interpreter Anna Donnino
Click below to open up Anna Donnino's testimony kindly translated by Catnip. She did a lot of the case-related interpretation and translation throughout November 2007. She was present at the recap/summary session with Rita Ficarra on 6 November from around 12:30 am which concluded with a first statement Knox insisted on dictating at 1:45 am.
Anna Donnino was also present at the formal legal-rights session with Dr Mignini on 6 November from around 5:00 am which conclude with a second statement Knox insisted on dictating at 5:45 am. Donnino translated both those statements and the third Knox scribbled around noon. .
The transcript below describes this and other work done also. She was not the only interpreter or translator used by the police in November, but she did the bulk of the work, and she was present at several key sessions.
3. Relevant Testimony Of Officer Edgardo Giobbi
Click below to open up Edgardo Giobbi's testimony kindly translated by ZiaK. An officer from Rome, he was in the central police station that night. He doesnt make a fully credible witness, as he includes claims about his role that night which we are told are inflated and perhaps beamed at his superiors in Rome.
These exaggerations were skeptically challnged by Dr Mignini. However for what it is worth his testimony backs up certain aspects of the statements of those who actually were face to face with Knox and Sollecito that night. Nobody else testified that Knox was called to the questura and several testified that she wasnt and turned up and insisted on staying on her own account.
ZiaK's full translation of Dr Giobbi's testimony can be found on McCall's Wiki.
Click here for the rest
Archived in Officially involved, Amanda Knox, Police and CSI, Diversion efforts by, The Knox-Mellases, Hoaxes about the case, Knox interrog. hoax
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Monday, June 23, 2014
The Knox Interrogation Hoax #7: Further Testimony Of Key Witness Zugarini To Knox Conniption 5-6 Nov
Posted by The TJMK Main Posters
[Perugia cental police station: Meredith's house is several miles away directly behind]
Context Of This Post
This translated transcript continues the testimony of Inspector Lorena Zugarini quoted in the post directly below.
It is a further description from the fourth of about eight police staff who testified to Knox agreeing to help out with a list of possible perps and then melting down at the central police station on 5-6 Nov.
We'll have one more eyewitness post and after that what the oversight judges made of this in 2008. Thereafter, Knox's disbelieved claims on the stand at her trial in 2009 when she tried to deny framing Patrick, and accused the police of crimes, and the reasons why all the trial and appeal judges from 2009 to 2014 concluded she had lied, and all the many witnesses had told the truth .
Then we enter an alternative universe, that of Amanda Knox herself (really) and the many Knox addicts mainly in the US who amazingly have shrugged off all of this rock-solid arc, and have pushed the interrogation hoax to its present ludicrous shape and size.
Those alternative-universe posts should put the shrill conspiracists on the put-up-or-shut-up spot and determine whether Knox continues on the same futile, damaging tack.
This new translation again is by the professional translator ZiaK. "GCM" is Judge Massei who watches over Knox's legal interests but who also seeks to clarify.
Click here for the rest
Archived in Officially involved, Amanda Knox, Police and CSI, Diversion efforts by, The Knox-Mellases, Hoaxes about the case, Knox interrog. hoax
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Friday, June 20, 2014
The Knox Interrogation Hoax #6: This The Wedge That Breaks AK And RS Apart? Plus Zugarini On Stand
Posted by The TJMK Main Posters
1. Breaking News From Sollecito Appeal
It is in effect being reported (see below) that the Sollecto team have asked Cassation to concede that back in 2008 they - Cassation - maybe made a mistake in the law.
That, the Sollecito team said, directly caused a disadvantage to their guy. And they may very well be right. If Cassation agrees, it may leave Knox with no further effective fight.
2. What Really Happened When Knox Was "Interrogated" 5-6 Nov 2007
To fully understand this, it will pay you to have read this series which includes major new translations by the professional translator ZiaK. And especially Part 2 of the previous post.
You will see repeatedly confirmed by those who were there these key facts:
(1) Amanda Knox turned up at the Perugia central police station late at night, unwanted and grumpy, and was advised to go home and get some sleep.
(2) Inspector Ficarra later said if she really wanted, she could help, she could build a list of possible perps, in a recap/summary session (not an interrogation).
(3) For maybe 45 minutes, starting at 12:30 am (when the interpreter arrived), Knox quite calmly listed seven names along with maps drawn.
(4) Knox had a wailing conniption, which really startled the four others present, when Knox saw an outgoing text to her boss she had just said wasnt there.
(5) Police did what they could to calm her down, and she insisted on writing out three statements in supposed elaboration in less than 12 hours.
(6) She was warned she should have a lawyer each time, the second warning by Dr Mignini, but each time she shrugged off this advice and pressed on.
(7) Cassation ruled the first two statements could not be used to indict Knox at the murder trial, but all three could be used to argue her framing of Patrick.
In passing, note Knox's first-ever interrogation - not actually an Italian legal term - with hard questions pending and lawyers there, was in front of Judge Matteini at Capanne Prison on 8 Nov.
She made no claims of police pressures (of which there were none) causing her conniption, in fact she didnt say a word. Defense lawyers discounted later claims.
3. Dr Mignini has observed that he feels Cassation got it wrong.
Dr Mignini mildly observed this, several times, because he did not think it was a make-or-break issue, and to him Cassation is almost invariable respectful and benign.
He feels that Cassation seemingly didnt understand that Knox strongly insisted on making the statements herself, without a lawyer contrary to advice.
And many Italian legal precedents say yes, in those circumstances those statements really should have been permitted exhibits at the main trial.
4. Sollecito Team 6+ Years Later Agrees; Mignini Was Right
1) Read the excellent new report by Andrea Vogt here (her Update of 19 June 2014) which in part quotes the Sollecito appeal saying this:
"The trials lacked an adequate review of the "individual" role of Sollecito, generating instead a sense of his guilt due to… a "confession" made by her, which never mentioned him at the scene of the crime. 1a) That declaration should be used as a favourable element showing Sollecito was not at the scene of the crime, not as a piece of evidence that confirms his guilt.
2) Also read the new report by Barbie Nadeau here [with the caution by Popper in Comments below] which in part says this.
Now, for the first time in this seven-year long, painfully epic case, Sollecito wants to be judged independently from Knox—if not on the case as a whole, at least on the issue of the so-called "false confession."
5. The 8000 Pound Gorilla That Lurks In Knox's Statements
All three of Knox's voluntary statements of 5-6 November say she was at her house with Patrick; the main thrust of the third statement (handwritten when she knew Patrick was being held nearby and may have proved her a liar at any minute) was to spread the accusations around a bit more, and drop Sollecito also in the soup
But the voluntary 1:45 and 5:45 statements also include these damning claims:
Statement 1:45: "I responded to the message [from Patrick] by telling him that we would see each other at once; I then left the house, telling my boyfriend that I had to go to work.
Statement 5:45: "I wish to relate spontaneously what happened because these events have deeply bothered me and I am really afraid of Patrick, the African boy who owns the pub called "Le Chic" located in Via Alessi where I work periodically. I met him in the evening of November 1st 2007, after sending him a reply message saying "I will see you". We met soon after at about 21.00 at the basketball court of Piazza Grimana. "
See the possible opportunity for Sollecito's team via the new appeal here? That's one supposed "proof" that he wasn't there (or at most came late, to explain his footprints and DNA).
And see the really big problem for Knox? She says she went out from Sollecito's place on the night - and quite specifically says he did not come along.
Without further babblings about visions and stress and drugs, Amanda Knox, why exactly did you say that?
6. Relevant Testimony of Inspector Lorena Zugarini At Trial
To the co-prosecutor at trial Dr Mignini Inspector Zugarini describes her role in the summary/recap session in which Amanda Knox built her list of seven possible perps.
Yet again the main thrust is that Knox was being treated pretty nice, and that if anyone dropped her in it, it was Knox herself.
Inspector Lorena Zugarini was there along with with Rita Ficarra (see posts 1-4) and Anna Donnino (see posts 5 and 6) and Ivano Raffo from Rome who, Rita Ficarra testified, held Knox's hand to calm her down.
This also is new translation by the professional translator ZiaK. This testimony and cross-examination will spill over into Post #8. "GCM" who often seeks clarifications is Judge Massei.
Click here for the rest
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