Continuation Part 17: Amanda Knox/Raffaele Sollecito

[Numbers]

I think tests were performed but there was controversy as to the results. It has been a long time since I have looked at the SAL cards but if I can locate a reference I will share.

Based on the information from http://www.amandaknoxcase.com/blood-evidence-downstairs-apartment/ there was no credible information disclosed about any scientific testing of the alleged cat blood. Interestingly, that site claims that Stefanoni testified that the cat left the blood after the police broke in. However, the video by the police shows bloodstains in a number of locations. Most curious is a nearly rectangular bloodstain with some suggestion of the outline of a knife blade on a bed (Bonassi's, IIRC).

The relevant lab records (“SAL’s”) were not disclosed until 2009, and then revealed that each of the 28 downstairs/outside Exhibits had been subjected to a presumptive test for blood (TMB), and 20 of the traces returned a positive result, indicating the likely presence of hemoglobin. The SAL characterized 18 of these as species-specific to “cat/gatto” but gave no further detail as to alleged species-specific blood testing. Curiously, Stefanoni testified that the “cat blood” had been deposited sometime after the police broke into the downstairs apartment, but before they collected the samples. Testimony by the residents of the downstairs apartment casts doubt on the theory that a cat been wounded sufficiently to have deposited all of the blood stains from downstairs/outside.

The question remains: were the downstairs samples really “cat blood”? The Scientific Police’s records are inconclusive and their actions suggest that they did not believe the samples were “cat blood”:

No species-specific blood test was observed by the defense, no methodology to identify species is disclosed in the SALs, and no corresponding test records have been produced.
The lab did not stop testing the samples that its records now say are “cat blood” (as would be expected if it believed it was dealing with cat samples), but instead, the lab subjected all of these traces to subsequent human-specific DNA analysis (Real Time PCR amplification and STR amplification).

The results of the Lab’s DNA testing undercut the suggestion that a species-specific blood test was performed, leading to a proper identification of all of the blood-positive samples as “cat blood”:

Only 2 of the 18 “cat blood” traces failed to quantify at least some human DNA.
Of the 20 blood-positive traces, 8 had sufficient quantity of human DNA such that, per the Lab’s practice, they could be genetically profiled. Of these 8 traces, the Lab records suggest that at least 6 were genetically-profiled (via STR analysis), but none of the ensuing 6 profiles have been disclosed by the prosecution.

It is implausible that some of the items identified as “cat blood”would actually have been deposited by a cat or that a cat could bleed from the ear that much:

Item Nos. 8, 9 and 10 form a path of 10 apparent freshblood drops leading down the steps to the entry door to the downstairs apartment. The number and placement of drops appears too profuse to be from a cat. In addition, the drops are wide and diffuse, suggesting that they might not represent drops of pure blood, but rather, blood thinned with water.
Item No. 28 is a lightswitch on the wall of the downstairs apartment. The lightswitch samples are the only blood samples from inside of the downstairs apartment that are not identified as cat’s blood.
The blood samples and their arrangement in the bedding may be too profuse to have been deposited by a cat.

 

[Strozzi]

Dang I woulda made that cartoon for half that

Yes, Commodi who signed the animation contract overpaid for it. That is what happens when the prosecution sole-sources support contract. But that is no surprise. They also sole-sourced the hiring of the scientific police fingerprint unit manager as a consultant to examine the bathmat. He falsely measured it to claim that the foot smear is decisively Raffaele's footprint. They paid him about US $7,000 for a side contract even though he works for the scientific police. Lucky for the taxpayer that he worked only from photos of the bath mat; had he actually seen the bathmat itself he might have demanded a change order and an even higher expert witness fee.

 

[RWVBWL]

I think tests were performed but there was controversy as to the results. It has been a long time since I have looked at the SAL cards but if I can locate a reference I will share.

Hi Christianahannah,
You know this case well,
but I don't think I recall reading much of what you think of the downstairs crime scene,
and it's connection, if any, to upstairs...

If you have time, read this,
The Secret Downstairs Crime Scene
here:
http://murderofmeredithkercher.com/blood-evidence-downstairs-apartment/


This screen grab from the downstairs bed of Stefano
is odd shaped for a cat to leave, would you agree?

Heck, it almost looks like a like what the imprint
of the bloody knife handle left on Meredith's bed looked like:

Look at the other photo's on the webpage linked up above,
that sure is a lot of cats blood dropped downstairs.

What do you think of the missing test results?

It's interesting to read the English translation of the boyz downstairs police station interviews in chronological order,
I hope to read of Meredith's luver, Giacomo's soon also.

 

[RWVBWL]

The Failed Sexual Assault Investigation

Hi Diocletus, + Numbers
I saw that you both posted earlier today,
can you give me, a simple beach luvin' surfer,
a read of this chart below and explain what it simply means?
Is another test result, or 2, missing?

The Rape Kit Results

The police understood immediately that the case involved a sexual assault. Accordingly, the examining pathologist, Dr. Lalli, performed a rape kit, i.e., a set of procedures used to collect forensic evidence in a sexual assault case. This resulted in the collection of vaginal and rectal swabs from the victim, in the hope that the swabs could be analyzed to reveal the DNA of the attacker.

The vaginal (Exhibit 12) and rectal (Exhibit 13) swabs were among the first items analyzed by the Scientific Police upon delivery to the laboratory in Rome, on or about November 5, 2007. Two traces of presumed seminal fluid were isolated and extracted from each swab, resulting in trace nos. 12a and 12b, and 13a and 13b.

The “a” traces were then subjected to a fractionation procedure, by which sperm and nonsperm DNA were separated. The so-called “nonsperm” fraction (i.e., the part of the trace containing no sperm DNA) were designated as subtrace “a1”, and the so-called “sperm” fractions (i.e., containing the isolated sperm cells) were designated as subtrace “a2”.

The “b” traces were not subjected fractionation, but instead, were subjected to standard STR analysis, and in the case of the vaginal swab, to Y-chromosome STR analysis (curiously, there is no indication that a Y-chromosome STR analysis was performed for the rectal swab).

Early Exclusion of Sollecito and Lumumba as the Attacker

Critically, the Y-chromosome STR analysis of the vaginal swab returned a male profile (that is now known to correspond to Rudy Guede). This result was obtained on or about November 6, 2007, and while it may not have been known at the time that the profile belonged to Rudy Guede, it was known that the profile did not match the reference profiles for either Raffaele Sollecito or Patrick Lumumba. Thus, Sollecito and Lumumba were excluded as the attackers by about November 6, 2007. This exculpatory information, however, was not disclosed to the court or the defense prior to or during the pre-trial detention hearing on November 8, 2007.

Missing Sperm-Specific Analyses

The laboratory records also reveal that both of the “sperm fractions,” i.e., the subtraces that were supposed to contain only sperm, tested positive for human DNA. Although the amounts of detected DNA were relatively small (1200 and 700 picograms, respectively), the quantities were well within the parameters that the lab was using to determine whether to further analyze the samples. Indeed, discernable gaps in the lab records suggest that these DNA-positive sperm fractions were in fact subjected to genetic profiling as profile nos. 626 and 628. However, no amplification or electrophoresis records corresponding to profile nos. 626 and 628 were ever disclosed by the prosecution. As shown in the video below, crime scene investigator/lab technician Patrizia Stefanoni can be heard on November 3 telling her assistant of an urgent need to test “presumed seminal fluid”. They knew the perpetrator had ejaculated. Stefanoni would later claim testing the stain would compromise the shoe print evidence.

<snip>


* * *

Hi Grinder,
Here's a lengthy read of the probable seminal fluid found,
how it was discovered, (A CrimeScope) and much better photo's which show Rudy Guede's left sneaker shoe imprint that appears freshly made, which dates the 2nd probable seminal fluid, found near her left side, as having been ejaculated when Miss Kercher was raped and murdered. It is an eye opener.

http://www.amandaknoxcase.com/failed-sexual-assault-investigation/

 

[zotz]

I'm having trouble suspending my disbelief with this one.

Guede used a rock through a window to test if anyone was home, no? Its a weird claim that he broke in with the intent to rape.

Rudy had no history of rape that we know of. But he has a large history of burglaries and carrying & brandishing a knife during his robberies, as well as a history of getting loaded and harassing women and stealing their purses, as well as a history of mental illness and blackout fugue states.

We know of Rudy's criminal past from stories by witnesses found through investigative reporting, rather than through formal court cases. But also from some testimony in court.

If Rudy had actually been a rapist, even once, wouldn't at least a rumor of such a story have surfaced by now, in the same way that all these other stories have surfaced?
Its possible of course that Rudy never got caught for one or more rapes. But it must be said, Rudy is not a very good criminal. He seems to get pegged for all kinds of crimes. He doesn't seem to be that well thought out, and capable of covering his tracks very well. That murder scene was a mess. Rudy's ever changing story was a mess. Rudy was/is kind of a mess.

If a rapist is smart he can go decades without being caught. The news is full of them, Bill Cosby is only the latest example. Women don't want to admit that they have been assaulted. This is why so few report the crime. Remember, Guede was only 21 at the time of the murder. I doubt that he intended to kill Meredith. The crime scene is disorganized. Meredith was determined to fight back and unfortunately... Guede's skill is in talking his way out of bad situations. He was able to feign remorse/regret to get a fairly short sentence. Even the ISC was impressed with Guede's performance and the fact that he fingered the other two defendants.

 

[Numbers]

Hi Diocletus, + Numbers
I saw that you both posted earlier today,
can you give me, a simple beach luvin' surfer,
a read of this chart below and explain what it simply means?
Is another test result, or 2, missing?


[qimg]http://www.internationalskeptics.com/forums/picture.php?albumid=480&pictureid=9979[/qimg]


The Rape Kit Results

The police understood immediately that the case involved a sexual assault. Accordingly, the examining pathologist, Dr. Lalli, performed a rape kit, i.e., a set of procedures used to collect forensic evidence in a sexual assault case. This resulted in the collection of vaginal and rectal swabs from the victim, in the hope that the swabs could be analyzed to reveal the DNA of the attacker.

The vaginal (Exhibit 12) and rectal (Exhibit 13) swabs were among the first items analyzed by the Scientific Police upon delivery to the laboratory in Rome, on or about November 5, 2007. Two traces of presumed seminal fluid were isolated and extracted from each swab, resulting in trace nos. 12a and 12b, and 13a and 13b.

The “a” traces were then subjected to a fractionation procedure, by which sperm and nonsperm DNA were separated. The so-called “nonsperm” fraction (i.e., the part of the trace containing no sperm DNA) were designated as subtrace “a1”, and the so-called “sperm” fractions (i.e., containing the isolated sperm cells) were designated as subtrace “a2”.

The “b” traces were not subjected fractionation, but instead, were subjected to standard STR analysis, and in the case of the vaginal swab, to Y-chromosome STR analysis (curiously, there is no indication that a Y-chromosome STR analysis was performed for the rectal swab).

Early Exclusion of Sollecito and Lumumba as the Attacker

Critically, the Y-chromosome STR analysis of the vaginal swab returned a male profile (that is now known to correspond to Rudy Guede). This result was obtained on or about November 6, 2007, and while it may not have been known at the time that the profile belonged to Rudy Guede, it was known that the profile did not match the reference profiles for either Raffaele Sollecito or Patrick Lumumba. Thus, Sollecito and Lumumba were excluded as the attackers by about November 6, 2007. This exculpatory information, however, was not disclosed to the court or the defense prior to or during the pre-trial detention hearing on November 8, 2007.

Missing Sperm-Specific Analyses

The laboratory records also reveal that both of the “sperm fractions,” i.e., the subtraces that were supposed to contain only sperm, tested positive for human DNA. Although the amounts of detected DNA were relatively small (1200 and 700 picograms, respectively), the quantities were well within the parameters that the lab was using to determine whether to further analyze the samples. Indeed, discernable gaps in the lab records suggest that these DNA-positive sperm fractions were in fact subjected to genetic profiling as profile nos. 626 and 628. However, no amplification or electrophoresis records corresponding to profile nos. 626 and 628 were ever disclosed by the prosecution. As shown in the video below, crime scene investigator/lab technician Patrizia Stefanoni can be heard on November 3 telling her assistant of an urgent need to test “presumed seminal fluid”. They knew the perpetrator had ejaculated. Stefanoni would later claim testing the stain would compromise the shoe print evidence.

<snip>


* * *

When rape kit samples are tested, there is a way to separate the female's cells from any sperm cells that are present, because of their different physical characteristics.

The table shows that the rape kit vaginal and rectal sample were subjected to the test procedure up to quantification (measuring the amount of DNA in a sample; for best results the sample to be profiled is adjusted to give a DNA concentration within a known range). The sperm and non-sperm (female) samples are then each individually subjected to the DNA profile test. What is strange in the results presented by Stefanoni is that the DNA profiles for the sperm parts are not given for either the vaginal or rectal samples. This may have been done because the police and prosecutor did not want to present any further evidence that Guede had sexually attacked Meredith, or because the profiles were not clearly identifiable. No doubt if the DNA profiles had matched Sollecito or Lumumba, the prosecution would have made use of that information.

 

[RWVBWL]

When rape kit samples are tested, there is a way to separate the female's cells from any sperm cells that are present, because of their different physical characteristics.

The table shows that the rape kit vaginal and rectal sample were subjected to the test procedure up to quantification (measuring the amount of DNA in a sample; for best results the sample to be profiled is adjusted to give a DNA concentration within a known range). The sperm and non-sperm (female) samples are then each individually subjected to the DNA profile test. What is strange in the results presented by Stefanoni is that the DNA profiles for the sperm parts are not given for either the vaginal or rectal samples. This may have been done because the police and prosecutor did not want to present any further evidence that Guede had sexually attacked Meredith, or because the profiles were not clearly identifiable. No doubt if the DNA profiles had matched Sollecito or Lumumba, the prosecution would have made use of that information.

Thanks Numbers,
for a much easier to understand explanation!

To try to understand better what you write of,
I looked at the chart up above again in the screen grab photo I posted,
it looks like Miss Kercher's profile is on Vaginal Swab 12B,
as is Rudy Guede's profile also.

Miss Kercher's profile is on Rectal Swab 13B,
but there is another Missing Profile here too on 13B,
from, per EZ1 Card, semen,
is this correct?

 

[Strozzi]

If a rapist is smart he can go decades without being caught. The news is full of them, Bill Cosby is only the latest example. Women don't want to admit that they have been assaulted. This is why so few report the crime. Remember, Guede was only 21 at the time of the murder. I doubt that he intended to kill Meredith. The crime scene is disorganized. Meredith was determined to fight back and unfortunately... Guede's skill is in talking his way out of bad situations. He was able to feign remorse/regret to get a fairly short sentence. Even the ISC was impressed with Guede's performance and the fact that he fingered the other two defendants.

Guide had 3 other skills:

1. He was a semi-pro basketball player listed on his team's roster in fall 2007. He was trained to move quickly, block opponents with his torso, legs, and outstretched arms; sidestep, duck under to advance, twirl his body, weave, charge forward 10' or 20', and chuck a ball from his chest and shoot it with both hands overhead.
2. He was slender, about 6' tall, and able to stretch his arms and climb in Filomena's window.
   overhead.
3. He also knew the immediate area and the terrain and paths leading away from the cottage.

 

[carbonjam72]

If a rapist is smart he can go decades without being caught. The news is full of them, Bill Cosby is only the latest example. Women don't want to admit that they have been assaulted. This is why so few report the crime. Remember, Guede was only 21 at the time of the murder. I doubt that he intended to kill Meredith. The crime scene is disorganized. Meredith was determined to fight back and unfortunately... Guede's skill is in talking his way out of bad situations. He was able to feign remorse/regret to get a fairly short sentence. Even the ISC was impressed with Guede's performance and the fact that he fingered the other two defendants.

The issue isn't whether there are cunning dedicated career rapists, of course there are.

But the issue here, is whether Rudy is one of them. I'm not aware of any evidence or anecdotes from witnesses, that allege Rudy committed a rape in his life. (before he raped and killed Meredith Kercher).

There are however, lots of stories and evidence to support the notion that Rudy was a burglar, with a penchant for 2nd story climb-ups, and using rocks thrown through windows to gain entry. Also of making himself at home at the crime scene, brandishing a knife when confronted and attempting to talk his way out of situations - with an almost incredible expectation that the most absurd stories would be believed.

The point is, why all the stories of Rudy the burglar, but zero stories of Rudy the rapist?

As I said, I agree its possible Rudy had a history of rape. But I'm not aware of any evidence to support that speculation. Are you aware of any?

 

[Grinder]

There's this:

Stefano Buratti Testimony State Police – p201-202

PROSECUTOR – DR. COMODI QUESTION – Could you make a list of telephone users that have been subjected to interception based on the Prosecutor’s Decree in the context of Meredith’s murder, do you have a list?
ANSWER – Well, at the moment I don’t have one, of all interceptions made?
PRESIDENT – of the users Yes.
ANSWER – They are pretty much, if I’m not mistaken 83 wiretaps, which are called ‘Rit’, so any wiretap corresponds to a user or to an environment, 83, 5 of them are environmental, of those, three in prison, one in the police station and the other was at Lumumba’s Pub
QUESTION – then were the defendants’ phones intercepted?
ANSWER- the telephones of the defendants, of Knox, and …
QUESTION – of suspects by then?
ANSWER – the suspects by then so from day 2, starting from day 2 to follow developments of the investigative activity gradually wiretaps became authorized.
QUESTION – So Amanda Knox, Raffaele Sollecito.
ANSWER-Yes, then let’s talk about the first interceptions, no?
QUESTION – I am not asking you in chronological order, then Rudy Guede, Lumumba?
ANSWER – Yes, Romanelli, Mezzetti.
QUESTION – Then even friends?
ANSWER – Yes.

http://www.amandaknoxcase.com/patrick-lumumba/

So there were 83 suspects? The ECHR will be busy if they all weren't given lawyers.

 

[js202]

The issue isn't whether there are cunning dedicated career rapists, of course there are.

But the issue here, is whether Rudy is one of them. I'm not aware of any evidence or anecdotes from witnesses, that allege Rudy committed a rape in his life. (before he raped and killed Meredith Kercher).

There are however, lots of stories and evidence to support the notion that Rudy was a burglar, with a penchant for 2nd story climb-ups, and using rocks thrown through windows to gain entry. Also of making himself at home at the crime scene, brandishing a knife when confronted and attempting to talk his way out of situations - with an almost incredible expectation that the most absurd stories would be believed.

The point is, why all the stories of Rudy the burglar, but zero stories of Rudy the rapist?

As I said, I agree its possible Rudy had a history of rape. But I'm not aware of any evidence to support that speculation. Are you aware of any?

Of course, the glib answer is, in order to have a career as a burglar cum rapist, one must at some point *begin* that career with a burglary that includes a rape. Perhaps in Rudy's career as a burglar, until Meredith Kercher, he had never been presented an appropriately opportunistic moment. Hopefully we'll never know if, with Kercher, Rudy got a taste of rape for the first time and liked it. But, disgustingly, Mignini's scheme to mitigate Rudy's guilt may yet lead to more opportunities.

 

[Grinder]

Guide had 3 other skills:

1. He was a semi-pro basketball player listed on his team's roster in fall 2007. He was trained to move quickly, block opponents with his torso, legs, and outstretched arms; sidestep, duck under to advance, twirl his body, weave, charge forward 10' or 20', and chuck a ball from his chest and shoot it with both hands overhead.
2. He was slender, about 6' tall, and able to stretch his arms and climb in Filomena's window.overhead.
3. He also knew the immediate area and the terrain and paths leading away from the cottage.

Which reminds me of one of the lackings in the defense. They had the picture of the lawyer wearing slacks and hard shoes looking unsteady standing on one of grates of the lower window. A video of a guy climbing in like the TV show did would have undermined the prosecution's assertion that it was nearly impossible. If not allowed in court it could have been disseminated by TV or even just Youtube.

 

[Grinder]

Vixen to add to your task please find a case where the murder knife showed no blood but DNA of the victim but no other DNA or blood was found on the suspects' clothing, shoes, the suspects' cars or in the domicile where the knife was found.

You believe that the kids used bleach to clean, right? Do you believe they used it on the knife? Do you remember what kind of bleach Raf had?

How many picograms did the sample on the knife weigh? How does that weight compare with the weight of particles of dust we see in sunlight?

 

[zotz]

The issue isn't whether there are cunning dedicated career rapists, of course there are.

But the issue here, is whether Rudy is one of them. I'm not aware of any evidence or anecdotes from witnesses, that allege Rudy committed a rape in his life. (before he raped and killed Meredith Kercher).

There are however, lots of stories and evidence to support the notion that Rudy was a burglar, with a penchant for 2nd story climb-ups, and using rocks thrown through windows to gain entry. Also of making himself at home at the crime scene, brandishing a knife when confronted and attempting to talk his way out of situations - with an almost incredible expectation that the most absurd stories would be believed.

The point is, why all the stories of Rudy the burglar, but zero stories of Rudy the rapist?

As I said, I agree its possible Rudy had a history of rape. But I'm not aware of any evidence to support that speculation. Are you aware of any?

No. From the hard evidence that we have you are right. This was a burglary with the rape/murder being a crime of opportunity. What leads me to speculate that it was a rape ambush is the circumstances. He knew that the girls upstairs were attractive. He could have heard that the boys were out of town for the holidays. The upper story break-in was a higher risk and difficulty than a lower story break-in since jumping out a lower story window would be no physical risk at all. Rudy probably knew about the marijuana plants which he could have sold on the street pretty easily. Rudy knew that selling computers is a problem because they can be so easily traced to their origin.

What was upstairs that was worth the additional risk and difficulty? Sex criminals usually evolve from petty offenses to higher levels of gravity. They usually start as peeping toms or as harmless girl annoyers. Then, as they become more frustrated they engage in riskier, more serious behavior. It is an easy mistake to make to think that if Rudy was caught in three or four burglaries then he probably is guilty of three or four burglaries. The truth is that in real life criminals get away with most of their crimes. So, if Rudy got caught three or four times then he probably committed very many more crimes than that, that only he knows about. The same (except more so) is true for sex crimes. Property crimes are more likely to be reported than sex crimes. This, indeed could have been Rudy's first violent rape. But I'm fairly sure that it was not his first sexual offense.

 

[Kauffer]

So there were 83 suspects? The ECHR will be busy if they all weren't given lawyers.

If you read the opening part of the post before the one you commented on, you will see why this isn't so. But of course you know that already.

 

[acbytesla]

If a rapist is smart he can go decades without being caught. The news is full of them, Bill Cosby is only the latest example. Women don't want to admit that they have been assaulted. This is why so few report the crime. Remember, Guede was only 21 at the time of the murder. I doubt that he intended to kill Meredith. The crime scene is disorganized. Meredith was determined to fight back and unfortunately... Guede's skill is in talking his way out of bad situations. He was able to feign remorse/regret to get a fairly short sentence. Even the ISC was impressed with Guede's performance and the fact that he fingered the other two defendants.

I'm not really sure you can compare Rudy to Bill Cosby. One, Cosby always had plenty of money, not to mention celebrity, a likable persona. There always were ways for Cosby to dodge getting caught that were never really available to Rudy.

Also, most people don't really understand the psychological dynamics of rape and a rapist. For the most part rape is about the need to feel powerful over another human being. It's more about contol, violence than it is about sex.

Cosby while I'm sure has issues with inadequacy he for the most part is the show, so he gets plenty of positive attention. He also doesnt seem to be contolling his victims through force but with drugs. This isn't true with Rudy. He used his physical force to control, rape and kill Meredith.

Rudy was never going to get away, except by sure luck.

 

[Strozzi]

No. From the hard evidence that we have you are right. This was a burglary with the rape/murder being a crime of opportunity. What leads me to speculate that it was a rape ambush is the circumstances. He knew that the girls upstairs were attractive. He could have heard that the boys were out of town for the holidays. The upper story break-in was a higher risk and difficulty than a lower story break-in since jumping out a lower story window would be no physical risk at all. Rudy probably knew about the marijuana plants which he could have sold on the street pretty easily. Rudy knew that selling computers is a problem because they can be so easily traced to their origin.

What was upstairs that was worth the additional risk and difficulty? Sex criminals usually evolve from petty offenses to higher levels of gravity. They usually start as peeping toms or as harmless girl annoyers. Then, as they become more frustrated they engage in riskier, more serious behavior. It is an easy mistake to make to think that if Rudy was caught in three or four burglaries then he probably is guilty of three or four burglaries. The truth is that in real life criminals get away with most of their crimes. So, if Rudy got caught three or four times then he probably committed very many more crimes than that, that only he knows about. The same (except more so) is true for sex crimes. Property crimes are more likely to be reported than sex crimes. This, indeed could have been Rudy's first violent rape. But I'm fairly sure that it was not his first sexual offense.

Recent comments including the one here to which I am responding are speculating that Rudy was a rapist before this crime. This crime was a burglary gone bad. There is no indication that Rudi went there to commit a rape.

There is no evidence thar Rudi knew all four guys who resided downstairs were away that 4-day holiday weekend (Thursday - Sunday). Indeed, it is possible that none of the four knew many days in advance that all four of them would be away or on which days of the four-day period they were leaving or returning, even though three were from the same hometown and each of the the three went home.

The rock through the window is used to test for an occupant response. That suggests Rudi sought to know that the upstairs flat was empty for his break-in.

Rudi is distinctive-looking and easy to describe, even if he were to attack a stranger who had never seen him before. A victim could easily describe him by race, height and slender build, early-20's age range, and, if the victim were Italian, possibly even by accent (Rudi came to Italy when he was about 5 and although fluent in Italian may still speak Italian with a slight accent that a native-speaker of Italian may note if providing a description). It is unlikely that Rudi could have escaped notice in Perugia or even Milan if he were a repeat sexual attacker, which is taken as a dangerous crime.

I read that many sexual attacks go unreported. That may regrettably be for date-rape and also for casual first encounters where the assailant and victim met in the past hour or so and have some beginning of an acquaintance, but I am sceptical that many women are attacked and raped by strangers who jump out at them and then do not mention it or report it. Am I wrong on that? If so, please correct me.

 

[Ken Dine]

No. From the hard evidence that we have you are right. This was a burglary with the rape/murder being a crime of opportunity. What leads me to speculate that it was a rape ambush is the circumstances. He knew that the girls upstairs were attractive. He could have heard that the boys were out of town for the holidays. The upper story break-in was a higher risk and difficulty than a lower story break-in since jumping out a lower story window would be no physical risk at all. Rudy probably knew about the marijuana plants which he could have sold on the street pretty easily. Rudy knew that selling computers is a problem because they can be so easily traced to their origin.

What was upstairs that was worth the additional risk and difficulty? Sex criminals usually evolve from petty offenses to higher levels of gravity. They usually start as peeping toms or as harmless girl annoyers. Then, as they become more frustrated they engage in riskier, more serious behavior. It is an easy mistake to make to think that if Rudy was caught in three or four burglaries then he probably is guilty of three or four burglaries. The truth is that in real life criminals get away with most of their crimes. So, if Rudy got caught three or four times then he probably committed very many more crimes than that, that only he knows about. The same (except more so) is true for sex crimes. Property crimes are more likely to be reported than sex crimes. This, indeed could have been Rudy's first violent rape. But I'm fairly sure that it was not his first sexual offense.

Just to add, for a variety of factors many women don't even bother to report it when they're raped.

Some woman may not report a rape out of embarrassment or apprehension about going through the legal process, starting with a rape kit examination, and a subsequent trial, etc. They may also worry how society will view them, especially in more rigid puritanical and/or religious societies, which may even blame the woman for getting raped (such as the way they dress, etc).

Italy's Supreme Ct recently ruled that a raped woman wearing tight jeans had to have assisted the guy in taking her jeans off, so the rape would not have been legally (or practically) possible since the guy would have required the woman's assistance to complete the sex act.

I suspect that Italian women would be even more loathe to report a rape than are American women, and I've seen studies which prove many American women fail to report their rapes.

 

[acbytesla]

So there were 83 suspects? The ECHR will be busy if they all weren't given lawyers.

Funny Grinder. There is no need to give lawyers to suspects that aren't being interrogated. When you interview them over and over and over again and then call them in during the middle of the night...they sort of need the lawyer then, don't you think?

 

[Dougm]

Which reminds me of one of the lackings in the defense. They had the picture of the lawyer wearing slacks and hard shoes looking unsteady standing on one of grates of the lower window. A video of a guy climbing in like the TV show did would have undermined the prosecution's assertion that it was nearly impossible. If not allowed in court it could have been disseminated by TV or even just Youtube.

There are a whole lot of things the defense could have done if they attacked the case more aggressively, but I think they felt they should not have to prove innocence, just assert there was no proof of guilt. It surprises me they did not realize what they were dealing with: courts who were going to insist on them proving AK and RS were not guilty!

In addition to proving that a person, similar in age and build to Rudy, would have no problem climbing up to that window, they could have hired a glass breakage expert that could prove the rock was thrown from the outside.