The Brutal Killing of Meredith Kercher: A Search For The Truth – Part 25
Conclusions
Summary
Beginning with Guede, when looked at individually and as a whole, the various elements of circumstantial evidence were of such quality and quantity, the finding that he had digitally raped and murdered Meredith Kercher was proven beyond all reasonable doubt. Various inferences could safely be drawn eg, his false explanation for his presence at the cottage; the forensic and biological traces left by him in the house, particularly on Meredith and in Meredith’s bedroom (the killing zone); his flight from the apartment after the murder; his decision to travel to Germany to escape detection and arrest; his disposal of incriminating articles; the content of his pre-trial declarations and, his decision not to testify, from which an inference of guilt could safely be drawn. The case against Guede was singularly overwhelming. He was motivated to commit the crimes, his presence was undeniable and he had the means with which to subdue, rape and kill Meredith Kercher. As previously noted, at his fast-track trial, although the participation of others could not be ruled out, Micheli erred when it made a binding adjudication to that effect. It was also regrettable and bewildering that Micheli failed to deduce Guede was carrying a bladed article which, was used by him to subdue and stab Meredith Kercher, during a progressive, savage and unremitting attack.
In respect of Sollecito, when one considers each and every component, either individually or as a whole, the quality and quantity of the circumstantial evidence was less than convincing. The motivations for the crime were shrouded in mystery. No reliable or credible eye-witness testimony to confirm his presence at the material time. Suspicious behaviour yes and, an economy with the truth as to his activities, or more likely, Knox’s movements and deeds that fateful day. The main focus of attention inevitably centred on the genetic and biological traces found inside the cottage. There was the bloody footprint found on the sky blue mat in the small bathroom. This element, posited by Rinaldi and Boemia as “probable identity” was just as suggestive, if it was indeed his footprint, that he visited the cottage some time later that evening ie, after the crime had already been committed. Another crucial element was the Double DNA Knife sequestered from Corso Garibaldi. The probative value of this piece of evidence will be considered shortly.
The only biological element signifying Sollecito’s physical presence in the “killing zone” (Meredith’s bedroom) at the time she was killed was the trace found on the bra hook. Successive courts struggled to come to terms with the fact that there was a paucity of genetic traces at the prosecution’s behest to demonstrate that Sollecito had participated in the attack upon Meredith Kercher. If Sollecito, as contended, had helped subdue poor Meredith, cut her bra strap with a pocket knife and then at close quarters stabbed her, it was a racing certainty his DNA traces would have been found inside the bedroom eg, on Meredith’s clothing, and similarly on the clothes he was wearing that night. No such traces were ever found; nor did the prosecution detect or introduce fingerprint evidence as an alternate means to establish Sollecito’s presence in Meredith’s bedroom. Given the paucity of forensic traces one can only postulate, therefore, that Sollecito’s presence at the scene of the crime was, at best, post delictum i.e. at some time after the murder. On the assumption it was indeed Sollecito’s DNA on Exhibit 165b, it is reasonable to suppose that he (later) picked up the same to examine it out of a sense of morbid curiosity.
In retrospect, the evidence disclosed a reasonable doubt as to Sollecito’s complicity in Meredith’s digital rape and murder. He lacked a motive for the crime, his presence in the cottage at the material time could not be conclusively established and, he lacked the means with which to commit the crime, judging by the description of the knife wounds found on Meredith’s body and the bloody outline of a knife print found on the pillow in Meredith’s bedroom. Put another way, the circumstantial evidence lacked sufficient weight, precision and concordance to prove beyond a reasonable doubt that he was guilty of digital rape, murder, possession of the Double DNA Knife and, theft of the mobile phones. The charge of simulation will be considered shortly, in tandem with Knox’s case.
As for Knox, when one considers each and every component either singularly and/or in combination, the evidence did not create a complete framework because there were gaps or incongruities which discounted the attribution of the substantive crimes to her. For one, she lacked motive. True, there was evidence to show that she was present at the cottage during the temporal period when poor Meredith was digitally raped and killed. But in Knox’s case, analogous to Sollecito, the quantity and probative value of the mixed biological traces to establish her complicity for digital rape and murder was also tenuous. This could not be explained away by reference to a systematic and thorough cleansing of the apartment, ex post facto. If Massei and Nencini’s premise was correct i.e. Knox and Sollecito had participated in the attack upon Meredith, they did not possess the cleaning materials or the scientific knowledge to conceal or remove their genetic traces from the house, especially in Meredith’s bedroom and/or the small bathroom.
Essentially, the only evidence which could conclusively establish Knox’s presence in Meredith’s bedroom at the time of the attack was the Double DNA Knife (Exhibit 36). The probative value of the traces found on the Knife was subsequently described by Nencini as “not reassuring”. The remainder of the genetic elements e.g. the mixed traces found in the small bathroom were just as consistent with Knox entering Meredith’s bedroom after Guede had left Via della Pergola 7 and inadvertently (later) carrying them into the small bathroom. This deduction, similar to Sollecito, is derived from the fact that no other traces of Knox’s DNA were ever found in the killing zone, upon Meredith’s clothing or upon Knox’s clothing. To recapitulate, if Knox had struck the fatal blow to Meredith’s left side of her neck, Knox’s DNA would assuredly have been found inside the bedroom, especially on Meredith’s clothing. It would have been impossible for Knox and Sollecito to have disguised or excluded their presence by some form of clean-up and, without interfering with Guede’s traces. They did not possess the expertise to achieve this objective; and, if they did, this does not explain the traces found in the small bathroom. Thus, the only reasonable conclusion one can derive from the forensic traces detected, is that there is a reasonable doubt Knox participated in the digital rape and murder of Meredith Kercher.
To bolster this judgment, the author also places reliance on two other factors. First, the bloody outline on Meredith’s pillow was suggestive of a knife with different dimensions from Exhibit 36 and, the pocket knife apparently used by Sollecito to cut Meredith’s bra strap etc. Secondly, having regard to the evidence of the eight consultants as to the description of the knife (or knives) which inflicted the injuries to Meredith’s neck, the only rational explanation is that the Double DNA Knife was not the murder weapon. And, for the sake of completeness, assuming Meredith’s traces were found on Exhibit 36 those traces were a by-product of contamination, as Professor Vecchiotti and Professor Conti later concluded.
To summarize, therefore, Knox lacked a sufficient motive to digitally rape and murder Meredith Kercher. The mere fact that she was present inside the cottage at the material time did not prove that she participated in the crime. It was suggestive that she was present at the cottage for an ulterior reason and her actions thereafter betrayed those motivations. Finally, the totality of the genetic traces found inside the cottage and, on the Double DNA Knife, did not conclusively prove that she participated in the attack upon poor Meredith. Expressed another way, there were gaps or incongruities in the framework of evidence. As we have just seen the circumstantial evidence lacked sufficient weight, precision and concordance to prove beyond a reasonable doubt that Knox was guilty of digital rape, murder, possession of the Double DNA Knife and, theft of the mobile phones.
The author anticipates an attack upon this judgment based upon several other components of the circumstantial evidence. Lest one forgets the reasonable onlooker is bound to ask, if Knox was truly innocent of the crimes attributed to her (and Sollecito) why lie about her movements and activities that fateful evening? The answer lies in the criminal conduct and motivations of Knox which was unrelated to Guede’s lustful impulses and sexual instincts, after he had gained admittance to Via della Pergola 7.
Lest we forget, however, the alternative hypothesis which follows shortly, discloses that both Sollecito and Knox lied about their movements and activities that fateful night. Judged by US Federal law, they were guilty of obstructing justice; by English law, they were certainly guilty of attempting to pervert the course of justice. Based on those lies it is almost certain they were responsible for and guilty of simulating a burglary. As the author has already concluded, Knox was also guilty of Calunnia. In the final analysis, Knox and Sollecito’s calculating and callous behaviour, disrespectful of the memory of poor Meredith, evidenced by their repeated lies or half-truths vindicated a sentence of imprisonment for both; but not 25 years and 28 years and six months, respectively.
The writer has forged his own synthesis as to the horrific events which transpired during November 1-2, 2007. The scenario is derived almost entirely from the evidence and the findings made by successive Italian Courts. As we have already seen, in retrospect, Hellmann unwisely declined to set out or elucidate as to what transpired on that fateful day. By contrast, the author is prepared to set out his thesis. So here goes.
Final part next week
