THE TECHNICAL REPORT FROM THE SOLLECITO DEFENCE TEAM CONSULTANTS
The Sollecito Defence Team consultants, Dr Michele Gigli and Dr Antonio D’Ambrosio (this latter was cross-examined in the 26-Sep-2009 hearing) are of the contrary view, with respect to the analysis carried out by the Postal Police, in reference to the possibility that there was human interaction with the Web in the time period with which we are concerned.
The consultants had available to them a copy of the magnetic hardware [i.e., the hard drive] from the Apple MACKBOOKPRO computer obtained by the Postal Police using the Encase software; they used another copy for carrying out their investigations, and they analysed the log files furnished by the company Fastweb.
The Defence [team] had entrusted them with the task of verifying whether there had been interactions on specific days and in specific time periods, [and] having relevance, with reference to the time period between 22:00 and 05:00 on 1-2 November 2007.
The result of their analysis led them to the following conclusions.
Starting with the data according to which the Fastweb log files under heading "L" of the report (traffic extraction concerning port 80-http-) show 4 seconds of connection to Apple’s international site (from 00:58:50 to 00:58:53) the following reconstruction was provided:
It is claimed that at around 00:58, while the user was probably launching a multimedia file with the Quick Time application (or alternatively with the iTunes application to listen to some music), this software, on opening, contacted Apple’s server.
At this point, the opening of an ad-type window occurred (a list of multimedia files sold by Apple) after which this "window," coming directly from Apple, was closed (due to a lack of interest by the user, one might say).
All of this left traces in the log files (cf. the related "L" cited, where the evidencing [of this] is reported) and not in the computer hardware, with respect to which Sollecito’s consultants agree fully with the investigation carried out by the Postal Police using the Encase system, which provides, as has been noted, the time of last access to the "Amelie" video file launched in the late afternoon of the 1st November 2007.
The human interaction with the Apple server would be limited to the four seconds reported in the log files, without explaining [
che sia dato sapere] what the user did immediately afterwards, and whether or not a video or music file was watched or listened to.
The uncertainty surrounding the "afterwards" depends on a loss of data connected with the P2P sharing that Raffaele Sollecito had with the Internet.
For example, it was explained, it has been positively confirmed that in the afternoon of 1-Nov-2007, the download completed for the multimedia file ‚Stardust‛ that the user had requested from the Internet using the P2P system.
The files requested were six in number (those in the Stardust series), where the user had played the first three downloads, evidently of good quality, so as to cancel the download of the further copies.
But the Stardust files remained on Raffaele Sollecito’s computer in a folder shared with the Internet, such that, for these, a "last access" occurred right on the night of 6Nov-2007, at 02:47, during the time period in which Raffaele and Amanda were being held in the
Questura [Police Headquarters].
The fact that the Encase system registers a "last modified" entry during the night of 6-Nov-2007 for the Stardust files constitutes the confirmation that there has been a loss of data.
It can be said, indeed, when there was a last access, but the information of when the file was previously launched has been lost.
Bringing the Giglio-d'Ambrosio report into the framework of the present case, it is possible to draw the following conclusions.
In the abstract, it can be hypothesised that a viewing of the Stardust file (and others as well) downloaded from the Internet and shared with the Internet, could have been launched even after 22:00 of the 1-Nov-2007. In fact, no one will ever know if this actually occurred, as the Encase system supplies the information limited to the last access, where the access in question is not even referable to the computer user but [can be referred] to anyone at all around the world [
quisque de populo] with a P2P program requesting the sharing of the files from the dedicated folder on Sollecito’s computer.
Whether the file was actually played or not must remain in the world of hypothesis, where in any case the so-called file launch (of which Encase supplies the last access to) could have taken place, still in the abstract, in the succeeding days, up until the late afternoon of 5 November when Raffaele and Amanda went to the
Questura, not necessarily having had to occur right in the final hours of 1-November-2007.
The only certain data that comes out of the Giglio-D’Ambrosio report is of that four second interaction with the Apple server, caused by the opening of the
http://www.apple.com website home page (a secondary hypothesis made by the technical consultants): equivalent to an intention to browse the Internet followed by an immediate renunciation or else by the closing of an ad-type window generated directly by Apple, which the Quick Time application (or else iTunes) had, according to reconstruction by the consultants, opened.
Nonetheless, it is possible to infer from the technical report that the opening of the so-called window is something absolutely tied with launching the Quick Time application, which allows the playing of a film, independently of any confirmation of whether the playing then took place, and at what time.
And so, the certainty that is reached is limited to the fact that, at most, starting from 00:58 on 2 November a certain use of the computer was made, where however its usage in the preceding hours can only be ascertained by a crystal ball.
In conclusion, [the Court] takes note that around 1am on the night of 2-Nov-2007, Raffaele Sollecito could have found himself in front of the computer; in the opinion of the Court, the time thus mentioned is however after the hour of Meredith Kercher’s death and nothing prevents the holding that Amanda and Raffaele could have, at that hour, returned home again, after the murder [
a cose fatte], to the apartment at Corso Garibaldi 30.