Sigh.
Of course they do not **have to** establish premeditation. Who here said that they had to?
Yet both Massei AND Nencini for their own reasons still find themselves commenting on the issue. Both say that this was a non-premeditated crime. Why did they say that? You cannot answer, can you! I do not know why you purposely fail to address issues that they include - you're moving the goalposts away from the issues BOTH Nencini an Massei dealt with and commented upon....
...... which is why I repeat: you simply do not believe much of what they wrote, even in provisionally convicting the pair.
Indeed, you've sashayed away from Wilson85's point where he/she asks you to explain something......
The issue of premeditation/nonpremeditation is central to this crime; in the sense that the turning off the phones and the carrying of the knife had nothing to do with the crime - even as seen by Massei and Nencini in provisionally convicting them.
You simply ignore Wilson85's question to explain what the turning off the of the phones has to do with anything in Massei's or Nencini's already absurd theories of the crime.
When a judge writes a report it is an exercise in damage limitation. His or her first concern is not having the embarrassment of having it overturned on appeal. Thus, they will aim to deal with the narrowest of issues, to limit the degrees of freedom.
I don't know what the list of issues were (i.e., 'issues' as in the legal sense of the word), but premeditation would not have been one of them as it was already classed as 'first degree' murder by the virtue of the sexual attack.
We saw how Massei disposed of disputes between the parties by conceding those which were not relevant to the finding of guilt.
Thus, did the kids ring up the police before they arrived? Hard evidence (pings, cctv footage, other circumstantial evidence) proves they rang after. However, Massei didn't argue it so the defence could not appeal it. Do you see what he did there?
He decided the ladies footprint in blood was not a salient issue as Amanda could be found guilty on other solid evidence. He didn't argue it, so no appeal by the defence on that issue to subvert his guilty verdict.
He ignored the pair switching off their phones the same time, as premeditation was not a legal issue, as it would have been were there no sexual assault. No grounds for the defence to appeal, therefore.
What is interesting is what he did find irrevertable indisputable evidence.
You note, the second instance court, Nencini, had just a couple of issues to reassess: the defence claim of contamination - not upheld. Hellmann's abnegation of duty to call up Aviello - the defence witness who was supposed to go into the box and swear he had been bribed into perverting justice. He deliberately cocked up his testimony, giving lie to the claim he was not. (Defence detriment).
Hellmann wrote off Quintavalle and Curatolo (you note, Massei didn't think they were marginal) so they had to be assessed again (another defence detriment).
You might wonder why Bruno-Marasca criticised the prosecution for the failures of
Hellmann and the
defence.
The supposed irregular press activity was again 99% due to the
defence interfering in the case, yet this was given as one of the two main reasons for acquittal.
The other main reason was 'flawed police investigation', with this never having been assessed as to its merits in the lower courts. Both the first and second court found no evidence of this.
So, you can see why the Bruno-Marasca court was defective and erred in failing to send the aforesaid issues back to the merits court. It erred further in that the Italian penal code has it written in statute that serious crimes cannot just be reversed by an appeal court. It must, by law, be remitted back to a lower court with directions to reassess the issue/s in dispute as directed by the Supreme Court (as Chiefi's court did).