This is interesting Mach. So the only way Amanda could know that Lumumba was innocent, is if she were at the murder scene and knew that Patrick was not. If Amanda were innocent, she could not know Patrick wasn't guilty?
Therefore, Judge Hellman's conviction for calunnia is inconsistent with his acquittal for murder, according to this logic, no?
SO, if Amanda and Raf never left Raf's apartment that night, then it follows that Amanda cannot be convicted of Calunnia.
I wonder what the ECHR will make of this? I hope they say something soon, and start the process of exoneration for Amanda and Raf, why add further delay?
And when will MIgnini and the police be investigated for their criminal conduct in the interrogations of AR and RS? Surely someone has to pay for this mess?
Hellmann's reasoning is curious:
"the circumstances under which Lumumba’s name emerged in the course of the police interrogation (a message directed to him taken from the cellular phone of Amanda Knox), and the lack of evidence of a connection between Lumumba and Meredith Kercher [should have] allowed Amanda Knox, even if actually innocent herself and far from the house on Via Della Pergola at the time of the crime, to be aware of Lumumba’s total innocence, and thus of the calumny that she was committing by pointing to him as the perpetrator of the murder."
Isn't Hellmann effectively saying that even if the police themselves were suspicious of Lumumba by virtue of his connection (through the text messages), to Amanda Knox, Ms Knox should have worked out that this suspicion was misplaced given that it arose purely from the police's mistaken belief in Ms Knox's own involvement!?
Additionally, Ms Knox, by virtue of her own knowledge of the "lack of evidence of a connection between Lumumba and Ms Kercher" should have had sufficient "awareness" of Lumumba's "total innocence", suggests Hellmann, despite the fact that they had met - that there was a "connection" contrary to his assertion.
Isn't Hellmann really saying here that Ms Knox did not know that Lumumba was innocent, merely, that she should have known? If so, then he contradicts himself when he states that Ms Knox had "generic criminal intent" as in:
"This Court therefore finds that Amanda Knox had indicated Lumumba as the perpetrator only because, at that moment, it appeared to be the quickest and easiest way to put an end to the situation in which she found herself, her interrogators having insisted on an explanation of the message she sent to him."
"Should have had.... awareness" (of Lumumba's innocence) and knowing him to be innocent, are quite different things.
But there is no evidence that this was the reason why Lumumba was named - that Ms Knox deliberately chose to name him "to put an end to the situation" - no evidence of intent - and no evidence that in enduring "considerable psychological pressure" she was capable of the calm, complex, rational process of thought, which Hellmann insists she must be capable of.
And yet Hellmann also states as follows:
"The obsessive length of the interrogations, carried out during [both] day and night, by more than one person, on a young and foreign girl who at the time did not speak Italian at all well, was unaware of her own rights, did not have the assistance of an attorney (which she should have been entitled to, being at this point suspected of very serious crimes), and was moreover being assisted by an interpreter who — as shown by Ms. Bongiorno — did not limit herself to translating, but induced her to force herself to remember, explaining that she [Amanda] was confused in her memories, perhaps because of the trauma she experienced, makes it wholly understandable that she was in a situation of considerable psychological pressure (to call it stress seems an understatement [appare riduttivo]), enough to raise doubts about the actual spontaneity of her statements; a spontaneity which would have strangely [singolarmente] arisen in the middle of the night, after hours and hours of interrogation: the so-called spontaneous statements were made at 1:45 am (middle of the night) on 11-6-2007 (the day after the interrogation had started) and again at 5:45 am afterward, and the note was written a few hours later."
The interrogation is illegal, yet the calunnia conviction sustainable? The ECHR will, as we have discussed, have much to say about the abuse of Ms Knox's procedural rights, partially described by Hellmann.
But you are right. Ms Knox, in any case, objectively, cannot know that Lumumba is innocent (Helllmann accepts that Ms Knox was not present during the murder and thus not a witness to the absense of Lumumba).