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Continuation Part 11: Amanda Knox/Raffaele Sollecito

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a differential of evidence

Mach is of course correct: one can be found quilty of murder without physical evidence being found at the scene of the murder.
Vibio,

Despite having been corrected, you continue to misstate what some of us have said. It is not just the lack of physical evidence in the murder room. It is the lack coupled with copious evidence of Guede's involvement. There is enough to convict him BARD twice over. It is even more difficult to explain this differential of evidence when one assigns Ms. Knox the primary responsibility in the murder.
 
Vibio,

Despite having been corrected, you continue to misstate what some of us have said. It is not just the lack of physical evidence in the murder room. It is the lack coupled with copious evidence of Guede's involvement. There is enough to convict him BARD twice over. It is even more difficult to explain this differential of evidence when one assigns Ms. Knox the primary responsibility in the murder.


*sigh*

And of course "the Professor" chimes in, completely missing the point or following the the thread.

Follow the thread. From what Samson wrote at post #2032 commenting on the sentence that Mach wrote. And then read my comment to him.
 
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We have first Mignini and now Machiavelli saying Amanda need not be in the room.

I believe you are misinterpreting what Mach wrote... but it will be for him to clarify.

BTW: would someone please post a link to the exact quote from Mignini ?

Thanks in advance.
 
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Machiavelli says

"You don't need to present on the place of a murder in order to be guilty."

He is a hero amongst guilters on other sites.

This statement goes in my file to show best practice amongst guilters, to demonstrate to people that there is no fire behind the smoke the Italian authorities are blowing.

This is the statement which Vibio says Professor Halkides is diverging from.

Vibio takes this to mean that Machiavelli is saying that there need not be any forensics tying someone to that room, to find them guilty of murder. Indeed, they very well could still be in the room.

This is not Machiavelli's fault, nor is it Vibio's that this view abides.

The case was best resumed by pre-trial and fast track trial (RG) Judge Micheli:

"We do not need evidence, logic and common sense tell us that RG, AK and RS acted together!"
 
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Apparently there's no such thing as bad publicity.

Barbie Latza Nadeau was on the radio this morning, as the Rome Bureau Chief for both Newsweek and The Daily Beast. She was reporting on the recent acquittals of all but one of the seismologists charged with manslaughter over the deaths in 2009 with the L'Aquila earthquake.

She was clear that the remaining conviction was mainly to do with a cavalier attitude of Bernardo De Bernardinis at the time just prior to the quake where he told people to go home, relax and drink wine. At appeal his conviction was upheld but the sentence was reduced.

But one could only smile that Nadeau is now the "go to" person in Italy. She has been by far the most successful in advancing her career and monetizing the coverage of the death of Meredith Kercher. The pro-guilt lobby, though, has good reason to want to cut her loose.

Then again, I was just waiting for her to say her signature line: "Amanda Knox knows something about this quake she's not telling us."
 
(lol) This is why this forum has dwindled down to so few...

My opinion is that it is down to so few because most people know how to read the implication of....

The case was best resumed by pre-trial and fast track trial (RG) Judge Micheli:

"We do not need evidence, logic and common sense tell us that RG, AK and RS acted together!"
 
let's try again

And of course "the Professor" chimes in, completely missing the point or following the the thread.

Follow the thread. From what Samson wrote at post #2032 commenting on the sentence that Mach wrote. And then read my comment to him.
Vibio,

I refer you to this post of mine. You are still missing the point. I have never seen a PG commenter on these boards even attempt to explain the differential.
 
Short Yellow Bus

*sigh*

And of course "the Professor" chimes in, completely missing the point or following the the thread.

Follow the thread. From what Samson wrote at post #2032 commenting on the sentence that Mach wrote. And then read my comment to him.

For those who continue to miss the issue, as so many have tried to point out - While in OTHER CASES, there may be NO EVIDENCE OF A PARTICULAR PERSON IN THE MURDER ROOM, AND YET THAT PERSON STILL BE CONVICTED BY OTHER EVIDENCE, IN THIS CASE THERE IS ENORMOUS PHYSICAL EVIDENCE OF ONlY ONE PERSON: RUDY GUEDE. THE AMOUNT OF BLOOD ON THE FLOOR AND WALLS, AND THE VIOLENCE OF THE ASSAULT, HAVING LEFT BEHIND PHYSICAL AND BIOLOGICAL TRACES OF ONLY RUDY GUEDE, PRECLUDES THE POSSIBILITY OF ANYONE ELSE BEING THERE.
Below, is Mach's Masterpiece of Misdirection:

CONCERNING A 'RADIUS OF GUILT'
Originally Posted by Machiavelli
But this would be still nonsense. It is not enough. DOn't you realize it?
Rudy Guede was not convicted because "he was in the room at the time of the murder". As a piece of information, that was one causal step that brought to his conviction, but it would not be sufficient to find him guilty.
Rudy Gude was convicted because he lied.
He failed to proviede a plausible innocent explanation for his presence in the room at the time of the murder. This is why he was convicted, not because of just his presence.
The presence in the murder room at the time of the murder itself would not sufficient, and on the other hand, it would be not neccessary. You don't need to present on the place of a murder in order to be guilty. It is sufficient if your conscious behaviour is element in the chain of causes. Then, on the other hand, even if there was massive evidence of Knox and Sollecito in the murder room, by your definition since Knox was "living there", given that Knox's traces could be easilly justified and given that mostly evidence cannot be dated, it would be extremely difficult to connect their traces with a specific time.
However, there are luminol prints which can be attributed to blood by any reasonable person and this is NOT disproven at all by any scientific test, contrarly from what you assert. And there is also a bra clasp and a print on a bathmat that is in diluted blood. Those prints are related to the time of murder and to Knox and Sollecito: there is a precise connection between their physical evidence and the time of the murder.
Moreover, there is no way a "right" time for Meredith's DNA to be on Sollecito's kitchen knife, and also the physical evidence of a staged burglary is clearly related to the events of the murder and also logically linked to Knox.



But there isn't any contradictiom: the scientific literature is simply on my side. I have already pointed to Tobe et al. and Webb et al. and other sources which you have already seen. Nothing should be added to this. Either you see those findings, or you refuse to see them.



The bast state of our knowledge says the things that are written in the sources that I have quoted, and that some people here seem to try to desperately deny.



Oh yes a "suggestion"!

It was not Mignini! It was a suggestion!

Don't you realize how ridiculous your claims sound, in the face of reality?
Look these are the facts: Paolo Canessa and Alessandro Crini thought the evidence set agaisnt Calamandrei was sufficient, and asked him to be found guilty and sentenced to life.
Giuliano Mignini thought the evidence would be found insufficient by a judge, and asked the preliminary judge to drop the charge on ground of insuffficience of evidence.
These are the facts.

Then, the idea that Carlizzi was a confident to Mignini before 2005, and then he decided to distrust her and to arrest her only later, well, it should be obvious to anyone how your attempt of rationalizations flies in the face of any attempt to believe something consistent.
I stay full of surprise before the degree of nonsens to which you seem ready to to take your rationalization scenario, in order to avoid dissonance with the assumption that you "belive Spezi/Preston".
Certainlly Carlizzi was among the first witnesses who presented themselves to "talk" about the Narducci case since 2004, this is in the line of Carzzi's character. But then, as I quoted newspapers where Mignini points out that Carlizzi is one of those witnesses who like to "talk while knowing nothing", you should have derives some logical conclusion. Mignini openly discredited any information that ever came from Carlizzi, including the information that she gave the very beginning. He said it was a mass of lies, in the bast scenario a mass of raving from a mental mythomaniac.
So Mignini discredited all Carlizzi's testimonies including the early one. all what she told, from the beginning: how can you put this information together with Spezi's claim that Mignini had built a case on his belief of Carlizzi's testimony? How can you put together his public claim that he believed Carlizzi was a crazy liar, with a theory about him bringing into court a theory developed from Carlizzi?



But Mignini was stainelss on this! You really don't understand anything about procedure. You seem to mistake Mignini for a "prosecutor" within the USA system, in which the prosecution decides whether to bring a case into court or not. But the Italian system is completely different! It is not the prosecutior who brings cases into courts: it is the Investigation Judge. The job of the prosecution is not discretional: he needs to bring all his investigation before the examination of a preliminary judge. Whenever he opens an investigation file, some judge will have to decide about it. What you are saying is complete nonsense.

CJ72:
Thanks for responding Mach, and you certainly have given plenty to ponder. I'll have to get back with more on everyone's favorite psychic, Madam Carlizzi, a bit later.

For now though consider the highlights.

1. So a person does not need to be proven to be present at the location of a crime, in order to be convicted in Italy. Ok, is there a radius of guilt?. So that if you're within say a half-mile, you could be swept up and convicted based on whatever?

The problem Mach, is that to believe Amanda and Raf are guilty in THIS CASE, you must literally depart reality. I'm not saying this as a figure of speech, I mean it literally. The argument that IN OTHER MURDER CASES, a conviction can occur because of evidence not found in the murder room, IS TO IGNORE THE FACT THAT EVIDENCE OF THE KILLER'S IDENTITY WAS FOUND IN THIS CASE..

There is evidence of only Rudy Guede in the room where Meredith was killed, in her own blood. AND, Rudy's DNA IS INCRIMINATING, BECAUSE RUDY GUEDE HAS NO LEGITIMATE REASON FOR BEING IN THEIR HOME, AND HAS A HISTORY OF BURGLARy, BRANDISHING KNIVES, KNIFE FIGHTS, HARASSING WOMEN, AND BLACK OUT FUGUE STATES, AND LYING.

Amanda and Raf are not in the same position in this case as Rudy, WHOM THEY DID NOT KNOW, AND WITH WHOM THEY HAD NO PRIOR CONTACT.

2. You mention with some apparent frustration, the difficulty of ascribing physical evidence of Amanda and/or Raf, as evidence of their participation in the murder, if such indications cannot be accurately dated to the time of the murder. THIS IS TRUE. Even if such traces were found in the murder room, if they can not be linked to the time of the murder, they can not be held to be conclusive of their presence at the time of the murder, BECAUSE AMANDA AND RAF HAD A LEGITIMATE RIGHT TO BE IN THEIR OWN HOME AND LEAVE THEIR OWN BIOLOGICAL TRACES ANYWHERE. The exception being obviously, if their DNA turned up somewhere incriminating, LIKE INSIDE MEREDITH, or if there footprints or fingerprints were PRINTED IN MEREDITH'S BLOOD, AS WERE RUDY GUEDE'S BIOLOGICAL SAMPLES.

This is the reality Mach. You may not like it, because it conflicts with your having an easy pathway to reasoning a guilty verdict, but no reasonable person will believe it, BECAUSE IT IS AN OBVIOUS LOGICAL FLAW IN YOUR REASONING.

3. Your continuing to insist that you have cited scientific literature that contradicts common knowledge, IS DIVERSIONARY BANTER INTENDED BY A CHARLATAN TO GULL THE CREDULOUS. WE ARE NOT YOUR SIMPLETONS. This type of fake pseudo science may pass for reasoning in Italy's tabloids, and god knows nothing is too low, dishonest or vile to be worthy of headlines in the UK tabloids, BUT NO ONE WITH ANY SENSE BELIEVES YOU HAVE REFUTED WELLL SETTLED FORENSIC SCIENCE: NEGATIVE TMB CONFIRMATORY TEST = NO BLOOD. NOT IF IT COMES FROM MACH, NENCINI, MASSEI, OR THE ISC. IT IS NO MORE CONVINCING THAN A PMF MOD"S CLAIM TO HAVE "DEBUNKED" DR PETER GILL. IT IS THE WORK AND PROVINCE OF CHARLATANS.

Mach, I'm exhausted. Long story short, you have to take THIS CASE, on its own merits. THERE IS evidence of the murderer IN THE MURDER ROOM AND BOTH IN AND ON THE VICTIM. Just one murderer, Rudy Guede. Not Amanda or Raf or anyone else.

ALL OF YOUR OTHER EFFORTS TO INCRIMINATE THE PAIR, IS TO TRY TO EQUATE THEIR POSITION TO THAT OF RUDY GUEDE, AND THAT IS A GRATUITOUSLY FALSE EQUIVALENCE.

You have participated in falsely accusing two innocent people, cheered at their unjust false imprisonment, and continue to advocate in furtherance of a miscarriage of justice.

For your own peace of mind, conscience, personal reputation, and ability to sleep at night or walk the streets with any sense of pride and self respect: take a moment and think.
 
Muddy Waters

No....you are missing the point. I was responding to Samson at post#2032.
First, my point is that you never responded to my post #1772: "Briefly this misstates the position of some PI posters; however, I am grateful for the opportunity to air differences of opinion in a civil manner. One, I am uncomfortable with saying "impossible" in this instance, but I am perfectly fine saying "very unlikely." Two, the problem is not just the lack of evidence of Ms. Knox or Mr. Sollecito in the room. It is this lack coupled with the presence of so much evidence against Mr. Guede. This is extremely problematic by itself, but it gets worse when coupled with a scenario that assigns the primary role in the killing to Ms. Knox. To take two examples, where are her bloodstained clothes, and why would she not have cut her hands (as I believe Guede did)?"

Second, I can think of two ways to interpret what Mach wrote. One is the way that you did in #2033: "one can be found quilty of murder without physical evidence being found at the scene of the murder." Your position ignores the differential of evidence against Guede versus against the pair, and you continue to evade confronting this problem for the PG community. Two is that a person need not be physically present at a murder to be guilty of murder. To the best of my knowledge that is a correct statement, although a trivial one and one that needlessly confuses the issue. If a person hires a hit man, that person is still guilty, even though he or she is not present. But I don't know of any scenario that has seriously been offered which claims that Amanda hired Guede, or anything remotely resembling this. PM Mignini was just muddying the waters with his comment about Amanda's theoretically being outside the murder room but directing the crime. Nencini has Ms. Knox dealing the fatal blow, not outside the murder room at all. MOO.
 
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First, my point is that you never responded to my post #1772: "Briefly this misstates the position of some PI posters; however, I am grateful for the opportunity to air differences of opinion in a civil manner. One, I am uncomfortable with saying "impossible" in this instance, but I am perfectly fine saying "very unlikely." Two, the problem is not just the lack of evidence of Ms. Knox or Mr. Sollecito in the room. It is this lack coupled with the presence of so much evidence against Mr. Guede. This is extremely problematic by itself, but it gets worse when coupled with a scenario that assigns the primary role in the killing to Ms. Knox. To take two examples, where are her bloodstained clothes, and why would she not have cut her hands (as I believe Guede did)?"

Second, I can think of two ways to interpret what Mach wrote. One is the way that you did in #2033: "one can be found quilty of murder without physical evidence being found at the scene of the murder." Your position ignores the differential of evidence against Guede versus against the pair, and you continue to evade confronting this problem for the PG community. Two is that a person need not be physically present at a murder to be guilty of murder. To the best of my knowledge that is a correct statement. If a person hires a hit man, that person is still guilty, even though he or she is not present. But I don't know of any scenario that has seriously been offered which claims that Amanda hired Guede, or anything remotely resembling this. PM Mignini was just muddying the waters with his comment about Amanda's theoretically being outside the murder room but directing the crime. MOO.

I don't think Mignini ever made this argument at trial. I believe it was in an interview with Bob Graham, not exactly sure when, but I think after the first conviction, unless I am mistaken.

Vibio seems unable to focus on the point, because it destroys the guilter narrative that Guede 'acted with others' when he killed Meredith..
 
Your first paragraph highlighted in yellow has been perfectly answered by Mach.

Not even Mach believes that. Nor do you.

Cognitive dissonance, plain and simple. You won't face the facts that disprove your thesis, so you misdirect, and lie.
 
Bill Williams said:
But one could only smile that Nadeau is now the "go to" person in Italy.

Only in Bill Williams' mind is Barbie Nadeau "the go-to" person in Italy.

LOL!

This one made be howl out loud. Barbie Latza Nadeau was billed as the Rome Bureau Chief for Newsweek and The Daily Beast. She's been the go to person on CNN for the Kercher murder trials as well as the Costa Concordia disaster.

Her book was optioned to Michael Winterbottom's film company as the basis for the film, "The Face of an Angel."

And you say this is all in my mind!? :jaw-dropp In my opinion this is the trouble with the pro-guilt lobby.... the complete inability to properly assess things, and when trapped, to level ad hominem at the messenger.

Ok lurkers...... have at it.
 
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LOL!

This one made be howl out loud. Barbie Latza Nadeau was billed as the Rome Bureau Chief for Newsweek and The Daily Beast. She's been the go to person on CNN for the Kercher murder trials as well as the Costa Concordia disaster.

Her book was optioned to Michael Winterbottom's film company as the basis for the film, "The Face of an Angel."

And you say this is all in my mind!? :jaw-dropp In my opinion this is the trouble with the pro-guilt lobby.... the complete inability to properly assess things, and when trapped, to level ad hominem at the messenger.

Ok lurkers...... have at it.

Nadeau reports for the failing Newsweek and 10th place Cnn... but that makes her.... according to Bill Williams... the GO-TO reporter in Italy. (Good God)
 
Bill Williams said:
LOL!

This one made be howl out loud. Barbie Latza Nadeau was billed as the Rome Bureau Chief for Newsweek and The Daily Beast. She's been the go to person on CNN for the Kercher murder trials as well as the Costa Concordia disaster.

Her book was optioned to Michael Winterbottom's film company as the basis for the film, "The Face of an Angel."

And you say this is all in my mind!? In my opinion this is the trouble with the pro-guilt lobby.... the complete inability to properly assess things, and when trapped, to level ad hominem at the messenger.

Ok lurkers...... have at it.

Nadeau reports for the failing Newsweek and 10th place Cnn... but that makes her.... according to Bill Williams... the GO-TO reporter in Italy. (Good God)

I was wondering what your come-back would be.

So, at least you've shown a willingness to move your train of thought. From "in Bill Williams mind" only, to a 10th place CNN is movement, I guess.

And you think Chris Halkides is a fraud, and that Machiavelli understands Halkides field better than Halkides......

...... at what point does this become a referendum on your own powers of discernment?

But you did accomplish something. Diet Coke did go up my nose.....
 
Nadeau reports for the failing Newsweek and 10th place Cnn... but that makes her.... according to Bill Williams... the GO-TO reporter in Italy. (Good God)

Barbie Latza Nadeau has gone from being a chief source of the pro-guilt lobby, to a pariah.... as fast as one can say, "approximate reporter".

I'll give Machiavelli that one, that he was one of the first of the pro-guilt lobby to say something disparaging about her talents as a journalist - well before Winterbottom's film. When asked to compare her to Andrea Vogt, Machiavelli called Naseau an "approximate reporter" in comparison.

Since her involvement in "The Face of an Angel," it has become clear even to the pro-guilt lobby what her agenda has been all along. There was a time when a different sort of ad hominem would have been levelled by the pro-guilt lobby for remarks from the innocence side about Nadeau....

..... and the one above is not one of them.

The irony is amazing.
 
Copied from my post on IIP forum:

The actions of the Italian authorities in their wrongful case against Amanda Knox and Raffaele Sollecito included violations of the right to presumption of innocence. This right is listed in Article 6.2 of the ECHR. Defendants in a trial are presumed to be innocent before the trial and throughout the phases or appeals of a trial, until there is a final sentence, according to the Italian Constitution and the ECHR. There were several instances of this violation IMO, including, not exclusively:

1. The initial press conference by the police after the arrests
2. The campaign of character assassination and slander, especially against Amanda, conducted by the prosecution and police in the media
3. Naming of Amanda and Raffaele as co-conspirators with Rudy Guede in his fast-track trial and appeal
4. The approach used in the judicial motivation of the Massei court, which choose the alternative of guilt with arbitrary reasoning for each evaluation of specific elements of evidence
5. The motivation report of the CSC quashing the Hellmann court acquittal verdict

There is ECtHR case-law regarding violations of the right to presumption of innocence. One that involves the use of the media to declare suspects guilty before trial through a media campaign is:

Khuzhin v. Russia 13470/02 23 Oct 2008 Violation of Article 6.2 (and other articles)

excerpts:

93. The Court reiterates that Article 6 § 2, in its relevant aspect, is aimed at preventing the undermining of a fair criminal trial by prejudicial statements made in close connection with those proceedings. The presumption of innocence enshrined in paragraph 2 of Article 6 is one of the elements of the fair criminal trial that is required by paragraph 1 (see Allenet de Ribemont v. France, judgment of 10 February 1995, Series A no. 308, § 35). It prohibits the premature expression by the tribunal itself of the opinion that the person “charged with a criminal offence” is guilty before he has been so proved according to law (see Minelli v. Switzerland, judgment of 25 March 1983, Series A no. 62) but also covers statements made by other public officials about pending criminal investigations which encourage the public to believe the suspect guilty and prejudge the assessment of the facts by the competent judicial authority (see Allenet de Ribemont, cited above, § 41; Daktaras v. Lithuania, no. 42095/98, §§ 41-43, ECHR 2000‑X; and Butkevičius v. Lithuania, no. 48297/99, § 49, ECHR 2002‑II).

94. It has been the Court’s consistent approach that the presumption of innocence will be violated if a judicial decision or a statement by a public official concerning a person charged with a criminal offence reflects an opinion that he is guilty before he has been proved guilty according to law. It suffices, even in the absence of any formal finding, that there is some reasoning suggesting that the court or the official regards the accused as guilty. A fundamental distinction must be made between a statement that someone is merely suspected of having committed a crime and a clear declaration, in the absence of a final conviction, that an individual has committed the crime in question. The Court has consistently emphasised the importance of the choice of words by public officials in their statements before a person has been tried and found guilty of a particular criminal offence (see Böhmer v. Germany, no. 37568/97, §§ 54 and 56, 3 October 2002, and Nešťák v. Slovakia, no. 65559/01, §§ 88 and 89, 27 February 2007).

95. Turning to the facts of the present case, the Court observes that a few days before the scheduled opening of the trial in the applicants’ case, a State television channel broadcast a talk show, in which the investigator dealing with the applicants’ case, the town prosecutor and the head of the particularly serious crimes division in the regional prosecutor’s office took part. The participants discussed the applicants’ case in detail with some input from the show’s presenter and the alleged victim of their wrongdoings. Subsequently the show was aired again on two occasions during the trial and once more several days before the appeal hearing.

96. As regards the contents of the show, the Court notes that all three prosecution officials described the acts imputed to the applicants as a “crime” which had been committed by them (see their statements in paragraphs 16, 17 and 18 above). Their statements were not limited to describing the status of the pending proceedings or a “state of suspicion” against the applicants but represented as an established fact, without any qualification or reservation, their involvement in the commission of the offences, without even mentioning that they denied it. In addition, the town prosecutor Mr Zinterekov referred to the applicants’ criminal record, portraying them as hardened criminals, and made a claim that the commission of the “crime” had been the result of their “personal qualities” – “cruelty and meaningless brutality”. In the closing statement he also mentioned that the only choice the trial court would have to make would be that of a sentence of an appropriate length, thus presenting the applicants’ conviction as the only possible outcome of the judicial proceedings (see paragraph 18 above). The Court considers that those statements by the public officials amounted to a declaration of the applicants’ guilt and prejudged the assessment of the facts by the competent judicial authority. Given that those officials held high positions in the town and regional prosecuting authorities, they should have exercised particular caution in their choice of words for describing pending criminal proceedings against the applicants. However, having regard to the contents of their statements as outlined above, the Court finds that some of their statements could not but have encouraged the public to believe the applicants guilty before they had been proved guilty according to law. Accordingly, the Court finds that there was a breach of the applicants’ presumption of innocence. This finding makes it unnecessary to examine separately the applicants’ grievance that the release of the case file to the journalists was also prejudicial to their presumption of innocence.

97. There has therefore been a violation of Article 6 § 2 of the Convention.
 
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