Bill Williams
Penultimate Amazing
- Joined
- Nov 10, 2011
- Messages
- 15,713
Wow. Fifteen posts in a little over an hour!
Judge: However where the result is negative I’m given to understand that it’s almost certain that it is not [blood]?
Patrizia Stefanoni(Official in charge of the Forensic Genetics Investigations section in the Rome Forensic Police): Yes, it’s not blood, it is not, yes.
Rudy Guede scouted the cottage to burglarize it.
Evidence: he's captured alone on CCTV by the cottage over 30 minutes before Amanda learns she wont be working and Raffaele learns he wont be giving his friend a ride.
Rudy Guede smashed the upper bedroom window with a large rock, climbed up using the metal bars below, and inside made a mess tossing some clothes around.
Evidence: Rudy Guede was released by the police two weeks prior following an arrest connecting him to a burglary at a law office which featured a window smashed by a large rock perched above climbable metal bars below, with clothes thrown around on the floor inside.
Meredith came home and Rudy attacked her with a small penknife and sexually assaulted her, he attempted to clean blood on or near the body using towels he gathered from the bathroom.
Evidence: Meredith was stabbed three times, all three wounds and a bloody imprint left by the murder weapon are compatible with a small penknife. Meredith's underwear was forcefully stripped from her body, inside her genitals is Rudy's DNA. Next to her body is his bloody palm print and 8 of his bloody footprints. Rudy made written statements to going into the bathroom to retrieve towels claiming there was "so much blood." A footprint compatible with his foot was found on the bathmat.
Rudy fled the bedroom and most likely returned to retrieve Meredith's keys when faced with the double deadbolt lock on the front door blocking his escape.
Evidence: his 8 additional bloody footprints leaving the bedroom down the hall suggesting he walked out then came back at a different point in order to lock Meredith's door.
It's a relatively simple and straight forward crime scene.
Okay let's parse this out a bit.
First they say that being at the cottage when Meredith was murdered does not mean she was involved in the murder. While technically true, it seems quite the stretch. They then go on saying with "this premise" we accept as"an acclaimedin which they explain why the court ruled and in a positive way. They certainly don't in any way say this with
fact of the trial, based on her own admissions, also contained in her signed memorial,
in the part where she explains how, when she was in the kitchen, after the young
Englishwoman and another person went into Kercher’s room to have sex, she heard
her friend’s harrowing scream, to the lacerating and unbearable point that she slid
down, squatting on the floor, holding her hands firmly on her ears, so as to hear no
more of it.but rather quite supportive. Then if that isn't clear enough they add
" On this point, the reliability of the opinion of the judge a quo [of the trial
from which this appeal is being heard] is certainly acceptable concerning this part of
the accused’s account, based on the plausible consideration that it was she who first
mentioned a possible sexual motive for the murder and spoke about the victim’s
harrowing scream, when the investigators still did not have the results of an
examination of the body or of the post-mortem, nor witness information taken later
regarding the victim’s scream and the time it was heard (statements from Capezzali
Nara, Monacchia Antonella and others)
They are clearly discussing evidence. They are clearly saying Nencini was not off his head to come to that conclusion.
They had already made the point the work of the ILE sucked and after they reviewed the case and the evidence made the determination the case was not made. Yet for some reason after undoing Nencini they felt a need to pat him on the head?
I put up M&B on the money. They determined that the kids didn't steal the money because the crime didn't exist.
Also illogical and contradictory is the argument that, in an attempt to give
substance to those disagreements (moreover belied by other testimonies), he does
not hesitate to retrieve the hypothesis of the theft of money and credit cards that
Kercher would allegedly have blamed on Knox, in spite of the fact that Knox, as well
as Sollecito, had been acquitted for the charge of theft, limited to the
aforementioned goods, because “the fact does not exist”
It appears they made a ruling based on what they thought of the evidence of the money being stolen.
Yes (may I have a jelly bean?) The multiple attacker fact started with Micheli in Rudi's FT trial but didn't become a "judicial fact" until the ISC ruled. Btw, when the question of whether A&R had representation in trial that produced the "multiple attacker fact" came up here I made the case that they had because it's included in the MR. The kids' defense did present experts during Rudi's trial as it was concurrent with their preliminary hearing. They most likely didn't have standing in the appeals.
Well it doesn't seem to work that way. M&B changed the verdict based on their analysis of the evidence. The Giordano court could have reviewed the evidence of multiple attacker in the same way but they didn't.
Actually they took it from Chieffi.
They usually don't try to extradite college girls for a crime transparently committed by the town burglar based on a statement they beat out of her. The US State Department cables showed they considered the matter closed with Hellmann. And why wouldn't they? Hellmann corrected the mistake of Massei. The PGP think Hellmann was an anomaly on the path to justice. His court was the inevitability of history correcting itself. It was the Cheiffi court throwing a monkey wrench into the natural path that deviated from the standard course. In Italy where no blood means blood and witnesses that saw nothing saw everything it worked temporarily, but I really doubt it could have sustained itself. You can't hold something like that up forever.
Treaties between countries work both ways. Italy extradited a bunch of US armed forces guys some years back, and by mutual agreement the US Secretary of State will seriously consider any Italian State request for extradition. The latest offense is a felony and the judge will rubber stamp it on autopilot. Full stop. Period.
Numbers, letter e) specifies that the SC can assess only the judge's report plus only the specific pieces of trial documentation mentioned in the reason for appeal and attached to the file.
Thus, they do not assess the evidence.
They don't have the evidence.
They only have small, specific bits of trial documentation at best.
Assessing evidence is a different concept in procedure. Implies the judge's right of calling witnesses, interrogate them, order tests, hear cross questionings and confrontation, and access the whole file, including all trial files and non-written material deposited with the court.
An assessment about whether piece of evidence could be decisive does not go though anything of that kind. Would be based on summary presentation of one party and counter argument. They won't see almost anything about the trial file. Assessment of evidence is a concept out of reach for SC.
Wishful thinking. Italy cannot let the police charge expire. It is not like a slander charge or newspaper libel (for example, Curt Knox and Edda Mellas, Oggi or Raff). Amanda has made extremely serious allegations against the police. They are now obliged to make an appearance and answer the charges. It's not something they can ignore.
I believe you and Mike 1711 have both made the point very clear.
I have added more explicitly a brief summary of the frame-work around the apparently confusing sections, which may help some better understand what the CSC was attempting to state.
I believe that, despite the relative brevity of the Marasca CSC panel MR, it suffers from a certain discursiveness that reduces its clarity in a number of sections. For example, in Section 9, there is a lengthy argument essentially stating that requiring a verdict of guilty only if there is proof of guilt beyond a reasonable doubt is not contrary to the Italian legal tradition.
"The War of the Worlds" is an episode of the American radio drama anthology series The Mercury Theatre on the Air. It was performed as a Halloween episode of the series on Sunday, October 30, 1938, and aired over the Columbia Broadcasting System radio network. Directed and narrated by actor and future filmmaker Orson Welles, the episode was an adaptation of H. G. Wells' novel The War of the Worlds (1898). It became famous for allegedly causing mass panic, although the reality of the panic is disputed as the program had relatively few listeners.[3]
The first two-thirds of the one-hour broadcast was presented as a series of simulated news bulletins, which suggested an actual alien invasion by Martians was currently in progress. Compounding the issue was the fact that the Mercury Theatre on the Air was a sustaining show without commercial interruptions, adding to the program's realism. Popular legend holds that some of the radio audience may have been listening to Edgar Bergen and tuned in to "The War of the Worlds" during a musical interlude, thereby missing the clear introduction that the show was a drama, but recent research suggests this only happened in rare instances.
I don't speak or read Italian. Nor do I think I need to understand the BM motivation and decision. The simple reason for that is that I understand "context". One can derive what a word means from its context in a sentence or a paragraph or a confusing phrase in its context in a paragraph or page.
The same goes for the motivation. BM acquitted Amanda and Raffaele. That is definitive. Machiavelli, Vixen and others are essentially saying this is not so. They are saying that the motivation is saying is saying that Amanda was there during the murder and she washed her hands in Meredith's blood. This impossible to believe given the context of the motivation and the reaction of the press. It is far more believable that it is a hypothetical.
As has been pointed out, if it actually said that Amanda was there and washed her hands in Merddjth's blood, don't you think that would be headlines all over the world?
As it is, the only people trying to twist the meaning of the motivation are the usual suspects. The same clan of crazies who think down is up a d the earth is not round.
The choice is simple, we can keep listening to Machiavelli dietrology or listen to the sound of silence of the world press. Wake me up when it is in the New York Times.
That's right. A Supreme Court judge NEVER gets to (for example) hear a cross-examination of a witness, the police or an expert witness. They do not examine exhibits. They never get to read witness statements.
In this case, the quality of the police investigation was never assessed by any court so it is hard to imagine how they could legitimately annul the charges simply on Bongiorno's say so.
Wishful thinking. Italy cannot let the police charge expire. It is not like a slander charge or newspaper libel (for example, Curt Knox and Edda Mellas, Oggi or Raff). Amanda has made extremely serious allegations against the police. They are now obliged to make an appearance and answer the charges. It's not something they can ignore.
In general, even if you take the worst interpretation, what Amanda did is not considered a crime in the United States.
Let us say that I was a Saudi woman who went to the United States and Saudi Arabia requested extradition for the crime of having sex with another woman. Since it is not a crime in the US, teh state department would say "Nope."
I agree with that, Grinder. On the face of it, an admission by a suspect they were there as well as a (supposed) knowledge of facts they shouldn't have known is certainly acceptable as regards to help leading to a determination the suspect was at the scene of a crime.
That doesn't mean I think she was though, or that I accept the validity of the evidence she was, especially if it wasn't my duty to determine that and I never evaluated that evidence.
They know that too, it's a basic underlying property of their system that they don't evaluate evidence (in that fashion), but just accept it at face value. Note the difference between evaluating the validity of a piece of evidence (in this case Amanda's 'gift' note and the scream 'evidence') and evaluating whether the 'facts' (evidence) lead to the correct conclusion. They're taking on the second meaning here of 'evaluating evidence' they cannot possibly do the former.
As for why this distinction is important, look at the depiction of Amanda's gift note and read the original (again) and recall that the part they paraphrased was preceded by:
"In regards to this "confession" that I made last night, I want to make clear that I'm very doubtful of the verity of my statements because they were made under the pressures of stress, shock and extreme exhaustion. Not only was I told I would be arrested and put in jail for 30 years, but I was also hit in the head when I didn't remember a fact correctly. I understand that the police are under a lot of stress, so I understand the treatment I received."
and followed by:
"But I've said this many times so as to make myself clear: these things seem unreal to me, like a dream, and I am unsure if they are real things that happened or are just dreams my head has made to try to answer the questions in my head and the questions I am being asked. But the truth is, I am unsure about the truth and here's why:"
Does that sound like a definite admission on her part of being there? Or was it a cherry-picked passage outside the context of the rest of the note which instead says how unsure she is of everything and explains why that may have occurred?
Incidentally, the source of errors made is likely either Nencini or the prosecution appeal, not necessarily the ISC itself. They're responding to those documents, not running an independent investigation into the case. They rely upon factual determinations made by the lower courts, in this instance Nencini, and cannot possibly do that for themselves for both legal and logistical reasons, there being no possibility they can evaluate each and every piece of evidence in the case, they must rely upon what the finders of fact determined, and that's the lower courts.
I'd be done with this case too but somebody out there thinks blood negative DNA negative stains, witnesses that saw nothing when questioned just after the crime, bloodless kitchen knives that don't match wounds or imprints, and a crime scene overflowing with the presence of a known armed burglar who had a history of identical break-ins to that found at the scene, somehow adds up to tworandom studentsgrown adults being guilty. We can't let people be wrong on the internet![]()
The difficult part is that news outlets, seemingly, have moved on. We are the ones who haven't.
In the weeks before the M/B acquitals in March, Italian news media was filled with Raffaele's story - about judging the case against him by the evidence against him, and forget Amanda. Turns out that the case against Raffaele was the legal-linkage of evidence against Amanda to apply to Raffaele whether it did or not.
That, in short, was the basis of Raffaele's appeal to Section 5, as well as the content of his media presence in those days.
My reading of the media in Italy in the days' past the acquittal itself, as well as since the M/B report is overwhelming acceptance of this... with 3 possible exceptions. None of the exceptions, though, scream that ISC has been hijacked with an unconstitutional hijacking of the law.
There it sits, and it is, apparently, only us still down the rabbit hole.
The Italian Supreme Court of Appeal is clear....
How did the lower courts extrapolate from presence in location to participation in murder?
The determination was that it is a non sequitur.
End of case.
That's right. A Supreme Court judge NEVER gets to (for example) hear a cross-examination of a witness, the police or an expert witness. They do not examine exhibits. They never get to read witness statements.
In this case, the quality of the police investigation was never assessed by any court so it is hard to imagine how they could legitimately annul the charges simply on Bongiorno's say so.
That ruling will not result in more jail time however. . . . .
What is the penalty she will suffer if convicted?
What were the names of those members of the US military who were extradited?
Italy tried to get Mario Lozano extradited and the Us said "nope." Same with Abu Omar case, 22 CIA and military operatives were tried in absentia because the US would not extradite them. With the Cavalese cable car disaster, there does not appear to have been a request for extradition but the US still did everything "in house."