Cont: The Trials of Amanda Knox and Raffaele Sollecito: Part 27

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I think this is the most likely situation. I do not think Mignini or the police truly believed they'd arrested the wrong people and that they'd been mistaken. Instead, when Guede's fingerprints, DNA, etc. were identified, they merely incorporated him into the murder. After all, the police and prosecutor were being told by Stefanoni, Rinaldi/Boemia, etc that there was evidence placing Knox and Sollecito at the murder and Stefanoni even supplied the smoking gun...or more specifically, the murder weapon. As with most people who have already formed an opinion, they chose to accept only that evidence which supported their belief regardless of how shabby it was. However, I do believe that the police deliberately lied regarding what happened in the interrogations in order to cover their own illegal actions. Lumumba's original description of his interrogation was even worse than that of Knox and Sollecito. It only changed later to his having been "treated well". I do think there is a connection to his bar being kept closed long after he was cleared and possible threats to keep his mouth shut by the police.

I feel there is major factor behind miscarriages of justice which explains what happened to Amanda and Raffaele. I read an article by Steve Moore which talked about a phenomena called imprinting which is when people become fixated on the first suspects in a crime. It is possible that it is human nature for people to become fixated on the first suspects and it is impossible to remove this fixation. Lets say the police investigate a murder and they have a first suspect. Evidence comes along the first suspect didn’t commit the murder and someone else committed the murder. Due to imprinting the police are totally fixated on the first suspect and can’t accept he is innocent and are determined to convict the first suspect. This may partly explain why innocent people are convicted and police/prosecutors railroad suspects. Imprinting means relatives of victims become fixated on the first suspects and will never accept they are innocent regardless of what the evidence says. The public become fixated on first suspects and will always believe a suspect is guilty again regardless of evidence.

I feel Imprinting happened with Amdanda and Raffaele. Amanda and Raffaele were the police’s first suspects and due to imprinting they were always going to believe Amanda and Raffaele were guilty even when the evidence showed Guede was the killer. The police/prosecution were determined to obtain a conviction which explains why Amanda and Raffaele were so viciously railroaded. As the first suspects the Kerchers would always believe Amanda and Raffaele were guilty due to imprinting. Due to imprinting many in the public would always believe Amanda and Raffaele were guilty regardless of the evidence. The result of this is are the TJMK/PMF hate sites.
 
I think this is the most likely situation. I do not think Mignini or the police truly believed they'd arrested the wrong people and that they'd been mistaken. Instead, when Guede's fingerprints, DNA, etc. were identified, they merely incorporated him into the murder. After all, the police and prosecutor were being told by Stefanoni, Rinaldi/Boemia, etc that there was evidence placing Knox and Sollecito at the murder and Stefanoni even supplied the smoking gun...or more specifically, the murder weapon. As with most people who have already formed an opinion, they chose to accept only that evidence which supported their belief regardless of how shabby it was. However, I do believe that the police deliberately lied regarding what happened in the interrogations in order to cover their own illegal actions. Lumumba's original description of his interrogation was even worse than that of Knox and Sollecito. It only changed later to his having been "treated well". I do think there is a connection to his bar being kept closed long after he was cleared and possible threats to keep his mouth shut by the police.

It's important that you indicate that this is your opinion ("I think" = "I do not think").

Objectively, we don't know what Mignini and the police were thinking. We can only infer, unless they recorded their thinking at the relevant time, and we could credit those records as fully and completely truthful.

The more relevant question may be, if Amanda Knox's statements in her Memoriale 1 were not calunnia against the police, that is, they were true, then how many crimes and how many aggravating circumstances could the police and their hierarchical supervisor, the prosecutor Mignini, be charged with under Italian law? What were the penalties if the relevant police officers and Mignini were charged and convicted under those laws?

The answers to the above questions, based upon the legal opinions of Italian prosecutors most likely including Mignini, may be found at the beginning of the Boninsegna court motivation report that definitively and finally acquits Knox of calunnia against the police and Mignini.
 
The only thing I can think of is they truly did believe they were guilty of murder.

I have no doubt they did believe them guilty right away but I also believe that over time they came to realize they weren't. Unfortunately this didn't happen until after the 'case closed' spectacle before a throng of international media.

Human nature is fairly universal and admitting to a mistake is something most people don't do well. At the time, Mignini had legal issues and his involvement in the MoF case had severely damaged his reputation. Giobbi had made a fool of himself by claiming they could solve the case solely on intuition without the need for any physical evidence. And the backdrop for all of this was a high profile murder that was already topping the charts around the globe. No way they were going to back down. This is why we see the investigative desperation 47 days later. At that point they had a mountain of evidence on Guede and absolutely nothing on Amanda or Raffaele. That's why they went back so late, after turning the cottage upside down, and collected items they should have collected on day 1 and why they performed Luminol testing in areas where significant blood evidence had already been collected. They had a choice of either admitting they were wrong and releasing them or they were going to keep testing until they could scare up something - anything - that could remotely connect Amanda and/or Raffaele to the crime.

We'll never know but I'm convinced that had Amanda and Raffaele not already been charged with the murder when the forensic evidence linking Guede to the crime came in they would never have been charged, Guede would have stuck to original story of the lone make attacker and we won't know who Amanda and Raffaele are. Timing is everything.
 
I'm astonished that this thread goes on, and even more that apparently there are people who don't understand that Amanda and Raffaele were railroaded.

Subject for discussion: Could they have been convicted on the same evidence/lack of same in the U.S. or UK? I would like to say absolutely not, but Italy isn't the only place where the innocent can get convicted.
I believe that Amanda and Raffaele was railroaded because they were in Perugia. The country does not make the difference but the police and prosecutor. Had this happened in Rome or Venice, the police woud have done their job. This is due to Mignini and his merry band to corrupt ******** in the Perugian police department. Nencini and others that sided with the pro-guilt camp only did this in a pathetic attempt to minimise the embarressment to the italian judicial system (they failed miserably)
 
It's important that you indicate that this is your opinion ("I think" = "I do not think").

Objectively, we don't know what Mignini and the police were thinking. We can only infer, unless they recorded their thinking at the relevant time, and we could credit those records as fully and completely truthful.

The more relevant question may be, if Amanda Knox's statements in her Memoriale 1 were not calunnia against the police, that is, they were true, then how many crimes and how many aggravating circumstances could the police and their hierarchical supervisor, the prosecutor Mignini, be charged with under Italian law? What were the penalties if the relevant police officers and Mignini were charged and convicted under those laws?

The answers to the above questions, based upon the legal opinions of Italian prosecutors most likely including Mignini, may be found at the beginning of the Boninsegna court motivation report that definitively and finally acquits Knox of calunnia against the police and Mignini.

Very true, but it seems reasonable to conclude he has his doubts of their guilt now. After all, what prosecutor - especially one with an ego like Mignini - would say “if they are innocent, I hope they’re able to forget the suffering they’ve endured” ?? From what I've seen over the years, the more arrogant a prosecutor and the more controversial the case, the more adamant they remain of guilt -- at least in public.
 
Very true, but it seems reasonable to conclude he has his doubts of their guilt now. After all, what prosecutor - especially one with an ego like Mignini - would say “if they are innocent, I hope they’re able to forget the suffering they’ve endured” ?? From what I've seen over the years, the more arrogant a prosecutor and the more controversial the case, the more adamant they remain of guilt -- at least in public.

But did Mignini admit to breaking Italian procedural and criminal laws and apologize or ask for forgiveness from the victims, Knox and Sollecito?

We know from the Boninsegna court motivation report that the police interrogating Knox and Sollecito on Nov. 5/6, 2007 called Mignini at least once; that was IIRC to report on their progress in forcing Sollecito to abandon supporting Knox's alibi. So Mignini was aware of the interrogation as it was ongoing. As the hierarchical leader of the police investigation (and let's note that the Boninsegna court motivation report agrees that Mignini was that leader), it is reasonable to infer that he was responsible for the police actions, including those which violated Italian law.

Mignini himself violated Italian procedural law when he questioned Knox without a defense lawyer for her soon after the interrogation by police, as verified by the Gemelli CSC panel motivation report. And he violated Italian law by not providing a defense lawyers for Knox and Sollecito, holding them incommunicado until shortly before their arrest hearings, without obtaining the legally required permission from a court to do so. Mignini was censured by the Superior Council of the Judiciary for this violation in the case of Sollecito.

Has Mignini expressed any remorse about his violations of the rights, guaranteed under Italian law and Constitution, of Knox and Sollecito?

Has Mignini ever expressed any remorse about the violations of the rights of those he falsely accused or otherwise persecuted in the cases he started associated with the Monster of Florence case?
 
But did Mignini admit to breaking Italian procedural and criminal laws and apologize or ask for forgiveness from the victims, Knox and Sollecito?

We know from the Boninsegna court motivation report that the police interrogating Knox and Sollecito on Nov. 5/6, 2007 called Mignini at least once; that was IIRC to report on their progress in forcing Sollecito to abandon supporting Knox's alibi. So Mignini was aware of the interrogation as it was ongoing. As the hierarchical leader of the police investigation (and let's note that the Boninsegna court motivation report agrees that Mignini was that leader), it is reasonable to infer that he was responsible for the police actions, including those which violated Italian law.

Mignini himself violated Italian procedural law when he questioned Knox without a defense lawyer for her soon after the interrogation by police, as verified by the Gemelli CSC panel motivation report. And he violated Italian law by not providing a defense lawyers for Knox and Sollecito, holding them incommunicado until shortly before their arrest hearings, without obtaining the legally required permission from a court to do so. Mignini was censured by the Superior Council of the Judiciary for this violation in the case of Sollecito.

Has Mignini expressed any remorse about his violations of the rights, guaranteed under Italian law and Constitution, of Knox and Sollecito?

Has Mignini ever expressed any remorse about the violations of the rights of those he falsely accused or otherwise persecuted in the cases he started associated with the Monster of Florence case?

No, he hasn't, nor will he ever, it's just not in his DNA. He's got an excuse for everything. He didn't 'question' Amanda, she offered a spontaneous declaration and he just happened to be there and was willing to lend her an ear.

But to be fair, how often does a prosecutor apologize for violating someone's rights? They always seem to think the ends justify the means, and that it's all done in the name of seeking the truth. Do you think the prosecutors (and investigators, judges, etc.) in the Kirstin Lobato case will issue an apology? Last I heard they were trying to explain how blowflies in Nevada are different from blowflies everywhere else.
 
No, he hasn't, nor will he ever, it's just not in his DNA. He's got an excuse for everything. He didn't 'question' Amanda, she offered a spontaneous declaration and he just happened to be there and was willing to lend her an ear.

But to be fair, how often does a prosecutor apologize for violating someone's rights? They always seem to think the ends justify the means, and that it's all done in the name of seeking the truth. Do you think the prosecutors (and investigators, judges, etc.) in the Kirstin Lobato case will issue an apology? Last I heard they were trying to explain how blowflies in Nevada are different from blowflies everywhere else.

The ultimate question, then, is why should one conjecture about the "state of mind" of the prosecutor or police. Under Italian law, the Italian Constitution, or the European Convention, whether or not the police or prosecutor believe someone is guilty or not guilty, everyone has certain rights, including the right to a lawyer when questioned as a suspect, a right to be told that they have the right to remain silent when questioned as a suspect, and the right not to be hit or otherwise mistreated to be made to utter a statement.

Knox was a suspect when questioned by the police on Nov. 5/6, 2007, according to the Gemelli CSC panel motivation report, and as described by the Boninsegna court motivation report. The Boninsegna motivation report noted that she was clearly a suspect and not a witness when the police seized her cell phone without a warrant during the interrogation; items are not seized from witnesses without warrant under Italian law. VAQ Giobbi testified that both Knox and Sollecito were suspects prior to the questioning of Nov. 5/6.
 
Copied from another service....

"When convicting, the Italian justice system is the best, fairest, wisest and most impartial on the planet but when acquitting it is infested by the mafia and freemasons and even sows the seeds of appeal in its own perverse judgments. Quennell can see all this from his windowless basement."
 
Copied from another service....

"When convicting, the Italian justice system is the best, fairest, wisest and most impartial on the planet but when acquitting it is infested by the mafia and freemasons and even sows the seeds of appeal in its own perverse judgments. Quennell can see all this from his windowless basement."

The Boy Scouts were likely involved, but most certainly and obviously the Girl Scouts.
 
No, he hasn't, nor will he ever, it's just not in his DNA. He's got an excuse for everything. He didn't 'question' Amanda, she offered a spontaneous declaration and he just happened to be there and was willing to lend her an ear.

Mignini- and others - had their theories, theories derived from before the evidence came in. They never wavered from those theories no matter what the evidence demonstrated. (With the exception of letting Lumumba go.)

But even on that one - to repeat - Mignini thought of Amanda Knox as being a liar, who lied throughout the interrogation. Yet he told author John Follain that when Knox had accused Lumumba he had to go out and arrest him.

Group murder as a Hallowe'en rite - theory with no evidence. Impossible to break-in through Filomena's window - theory with no evidence, and contrary to evidence TV stations eventually demonstrated. Staged break-in, in Filomena's room - theory with no evidence, indeed given that the postal police had given both Knox and Romanelli the run of the cottage prior to the grisly discovery the scene had been hopelessly compromised anyway.

Marco Chiacchiara had drawn the investigative line to find out who might have gone to visit Meredith that night; and who had had a key. That's perhaps the only reason at all to suspect that Knox had let someone in, even if inadvertently.

But they never wavered from their theories, not really. In the end what their theories could not survive was Raffaele, and his final appeal to Cassazione in 2015 - "Ok, you say you have all this evidence against, Amanda Knox: what does any of that have to do with me?"

They needed Raffaele to rat out Amanda, and be released with limited admissions. They needed Raffaele to do what Rudy had done in court.
There was no theory of the crime that they'd constructed which included just one of them.
 
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Mignini- and others - had their theories, theories derived from before the evidence came in. They never wavered from those theories no matter what the evidence demonstrated. (With the exception of letting Lumumba go.)

But even on that one - to repeat - Mignini thought of Amanda Knox as being a liar, who lied throughout the interrogation. Yet he told author John Follain that when Knox had accused Lumumba he had to go out and arrest him.

Group murder as a Hallowe'en rite - theory with no evidence. Impossible to break-in through Filomena's window - theory with no evidence, and contrary to evidence TV stations eventually demonstrated. Staged break-in, in Filomena's room - theory with no evidence, indeed given that the postal police had given both Knox and Romanelli the run of the cottage prior to the grisly discovery the scene had been hopelessly compromised anyway.

Marco Chiacchiara had drawn the investigative line to find out who might have gone to visit Meredith that night; and who had had a key. That's perhaps the only reason at all to suspect that Knox had let someone in, even if inadvertently.

But they never wavered from their theories, not really. In the end what their theories could not survive was Raffaele, and his final appeal to Cassazione in 2015 - "Ok, you say you have all this evidence against, Amanda Knox: what does any of that have to do with me?"

They needed Raffaele to rat out Amanda, and be released with limited admissions. They needed Raffaele to do what Rudy had done in court.
There was no theory of the crime that they'd constructed which included just one of them.

I agree that one possibility is that the police and prosecutor had an initial theory of the crime and then fit Knox, Sollecito, and Lumumba - later replacing Lumumba with Guede - into the same theory of the crime. And contrary to the police and prosecution theory, there was only credible evidence against Guede. Thus, the police and prosecution had to fabricate or adopt false evidence against Knox and Sollecito, while minimizing or suppressing evidence suggesting Guede acted alone.

Another possibility is that the police and prosecutor had selected Knox as a suspect very early and then constructed a theory of the crime to fit her and thus Sollecito and Lumumba - persons she was associated with as romantic partner and as employee, respectively, and, when the credible evidence failed to support the theory, replaced Lumumba with Guede. Again, as there was no credible evidence against Knox or Sollecito, the police and prosecution had to fabricate or adopt false evidence against Knox and Sollecito, while minimizing or suppressing evidence suggesting Guede acted alone.

We don't really know what the police and prosecutor were thinking, but it should be noted that they "solved" the crime in record time - before Guede was arrested, and the police were awarded medals by the government for this achievement. And there was apparently a lot of favorable press in Italy for the police and prosecutor. Furthermore, there was no investigation or prosecution against the police for the charges of 4 crimes with 3 aggravating circumstances that Mignini and other Italian prosecutors attributed to Knox's statements in court and subsequent appeals, according to the Boninsegna court motivation report that finally and definitively acquitted Knox of continuing aggravated calunnia against the police and Mignini.
 
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At the heart of a great deal of wrongful convictions is a coincidence, which do happen on average every once and a while like the probabilities suggest. In the Lobato case it was the coincidental sexual assault story that happened roughly around the time of the murder for example.

In this case it was Amanda Knox carrying a mop to a bloody crime scene. I really think the mop is was tipped them over the edge into believing an international honors coed had something to do with this senseless butchery. We just never heard about it again because the mop wasn't ever used in the crime, but you can't go back in time and undo the initial suspicion.
 
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At the heart of a great deal of wrongful convictions is a coincidence, which do happen on average every once and a while like the probabilities suggest. In the Lobato case it was the coincidental sexual assault story that happened roughly around the time of the murder for example.

In this case it was Amanda Knox carrying a mop to a bloody crime scene. I really think the mop is was tipped them over the edge into believing an international honors coed had something to do with this senseless butchery. We just never heard about it again because the mop wasn't ever used in the crime, but you can't go back in time and undo the initial suspicion.

They were already jumping to conclusions even before anyone had even gone to the questura on Nov. 2. Their comments regarding Raff consoling Amanda are a clear indication of this. In their minds, it was inappropriate and suspicious. They saw "canoodling" as the PGP and the British tabloids put it. When I saw the video, they looked completely dazed and Raff was understandably consoling Amanda. There was nothing inappropriate about it.
 
I agree that one possibility is that the police and prosecutor had an initial theory of the crime and then fit Knox, Sollecito, and Lumumba - later replacing Lumumba with Guede - into the same theory of the crime. And contrary to the police and prosecution theory, there was only credible evidence against Guede. Thus, the police and prosecution had to fabricate or adopt false evidence against Knox and Sollecito, while minimizing or suppressing evidence suggesting Guede acted alone.

Another possibility is that the police and prosecutor had selected Knox as a suspect very early and then constructed a theory of the crime to fit her and thus Sollecito and Lumumba - persons she was associated with as romantic partner and as employee, respectively, and, when the credible evidence failed to support the theory, replaced Lumumba with Guede. Again, as there was no credible evidence against Knox or Sollecito, the police and prosecution had to fabricate or adopt false evidence against Knox and Sollecito, while minimizing or suppressing evidence suggesting Guede acted alone.

We don't really know what the police and prosecutor were thinking, but it should be noted that they "solved" the crime in record time - before Guede was arrested, and the police were awarded medals by the government for this achievement. And there was apparently a lot of favorable press in Italy for the police and prosecutor. Furthermore, there was no investigation or prosecution against the police for the charges of 4 crimes with 3 aggravating circumstances that Mignini and other Italian prosecutors attributed to Knox's statements in court and subsequent appeals, according to the Boninsegna court motivation report that finally and definitively acquitted Knox of continuing aggravated calunnia against the police and Mignini.

The only quibble would be the almost random selection of the knife - collected from Raffaele's while they had especially brought him to witness the selection.

It cannot be understated how ludicrous it had been to select a knife from Raffaele's for a crime that had been committed at the cottage. The only reasonable explanation for that bit of theatre was to send a clear message to Raffaele that they were willing to throw the whole shooting-match at him if he did not turn on Knox (and perhaps, then, Lumumba.)

Think about it. What they'd recorded for her in her confession was that she'd been in the kitchen while Lumumba had been murdering the victim down the hall. The 2nd memorale (cf. 5:45 am) was the first to even mention Raffaele and it had said that it was unclear how Raffaele had been involved.

Then the morning of the 6th they stage a bot of theatre for Sollecito at his apartment - the collection of the knife. That knife had turned all the convicting courts inside out, mainly because the convicting courts saw this as Rudy's crime, in which RS and AK had counterintuitively participated.

Massei report said:
It is not possible, however, to know if Rudy went to Meredith’s room on his own initiative, almost subjugated by the situation which he interpreted in erotic terms (the two young lovers in their room and Meredith who was on her own in the room right next to it) or, instead, he went to Meredith’s room at the urging of Amanda and/or Raffaele.

This Court is inclined towards the first hypothesis.
It cannot see, in fact, the motive for such an invitation on the part of Amanda Knox and/or of Raffaele Sollecito. Besides, Rudy does not seem to have needed to be encouraged to make advances toward Meredith.​
Ergo, the problem with the knife - requiring inventing a further reason why either of RS or AK would have been carrying it and leaving Raffaele's win NO intent to use it in a criminal fashion. On the day of its collection the cops/Mignini fully expected they'd never have to bring that knife into a courtroom.

Once again, Raffaele's willingness to play chicken with Mignini made the collection of that knife backfire - it hadn't cowed Raffaele to make a deal.

Despite what this current crop of nutters say about Mignini's suit against Gumbel and Sollecito for claiming that Raffaele had been offered a deal - the judge threw out the criminal defamation charge, and Mignini weakly withdrew his civil action - Raffaele was going to risk 25 years in prison for something he had not done rather than rat out Knox for something she had not done.
 
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They were already jumping to conclusions even before anyone had even gone to the questura on Nov. 2. Their comments regarding Raff consoling Amanda are a clear indication of this. In their minds, it was inappropriate and suspicious. They saw "canoodling" as the PGP and the British tabloids put it. When I saw the video, they looked completely dazed and Raff was understandably consoling Amanda. There was nothing inappropriate about it.

Yeah but there's a reason every time some violent male batters a woman to death and rapes her (which happens several times a day every day) they don't round up the nearest girl next door and say the vixen did it.

There's something different about this case, and it isn't Amanda, who is Generic College Girl #47847837.
 
The only quibble would be the almost random selection of the knife - collected from Raffaele's while they had especially brought him to witness the selection.

It cannot be understated how ludicrous it had been to select a knife from Raffaele's for a crime that had been committed at the cottage. The only reasonable explanation for that bit of theatre was to send a clear message to Raffaele that they were willing to throw the whole shooting-match at him if he did not turn on Knox (and perhaps, then, Lumumba.)

Think about it. What they'd recorded for her in her confession was that she'd been in the kitchen while Lumumba had been murdering the victim down the hall. The 2nd memorale (cf. 5:45 am) was the first to even mention Raffaele and it had said that it was unclear how Raffaele had been involved.

Then the morning of the 6th they stage a bot of theatre for Sollecito at his apartment - the collection of the knife. That knife had turned all the convicting courts inside out, mainly because the convicting courts saw this as Rudy's crime, in which RS and AK had counterintuitively participated.

Ergo, the problem with the knife - requiring inventing a further reason why either of RS or AK would have been carrying it and leaving Raffaele's win NO intent to use it in a criminal fashion. On the day of its collection the cops/Mignini fully expected they'd never have to bring that knife into a courtroom.

Once again, Raffaele's willingness to play chicken with Mignini made the collection of that knife backfire - it hadn't cowed Raffaele to make a deal.

Despite what this current crop of nutters say about Mignini's suit against Gumbel and Sollecito for claiming that Raffaele had been offered a deal - the judge threw out the criminal defamation charge, and Mignini weakly withdrew his civil action - Raffaele was going to risk 25 years in prison for something he had not done rather than rat out Knox for something she had not done.

Yes.

But look harder at what the Massei court is saying in the excerpt you quote from its motivation report.

It's assuming that Knox and Sollecito were actually in the flat at the relevant time. There was no credible evidence for that.

And since the Massei court then opines that Guede went to attack Kercher on his own volition, there's a contradiction in the Massei court having found Knox and Sollecito guilty. That's one of many contradictions in the Massei court reasoning.
 
I agree that one possibility is that the police and prosecutor had an initial theory of the crime and then fit Knox, Sollecito, and Lumumba - later replacing Lumumba with Guede - into the same theory of the crime. And contrary to the police and prosecution theory, there was only credible evidence against Guede. Thus, the police and prosecution had to fabricate or adopt false evidence against Knox and Sollecito, while minimizing or suppressing evidence suggesting Guede acted alone.

Another possibility is that the police and prosecutor had selected Knox as a suspect very early and then constructed a theory of the crime to fit her and thus Sollecito and Lumumba - persons she was associated with as romantic partner and as employee, respectively, and, when the credible evidence failed to support the theory, replaced Lumumba with Guede. Again, as there was no credible evidence against Knox or Sollecito, the police and prosecution had to fabricate or adopt false evidence against Knox and Sollecito, while minimizing or suppressing evidence suggesting Guede acted alone.

We don't really know what the police and prosecutor were thinking, but it should be noted that they "solved" the crime in record time - before Guede was arrested, and the police were awarded medals by the government for this achievement. And there was apparently a lot of favorable press in Italy for the police and prosecutor. Furthermore, there was no investigation or prosecution against the police for the charges of 4 crimes with 3 aggravating circumstances that Mignini and other Italian prosecutors attributed to Knox's statements in court and subsequent appeals, according to the Boninsegna court motivation report that finally and definitively acquitted Knox of continuing aggravated calunnia against the police and Mignini.


I believe that the processes and psychology driving the actions of Mignini and the State Police during November/December 2007 can all be reasonably explained with reference to the following propositions, with my suggested inferences alongside each one:

1) Mignini and the police were in the truly international spotlight from November 2nd onwards, with the whole of Perugia in uproar, the prospect of hoards of students deserting the city in panic, and the world's media rolling into town; IMO this made Mignini and the police extremely eager to be seen to be competent "super sleuths", solving the crime in quick time and basking in the glory of their achievements in doing so.

2) Mignini (and a small subsection of the police in this case) had previously found themselves in the national (and lower-key international) spotlight in respect of the Monster of Florence case - and Mignini in particular had suffered professional (and some personal) humiliation over his handling of that case; IMO this made Mignini determined to show everyone that his handling of the Kercher case.

3) The Perugia prosecutors and police had dismally failed to solve what had, in fact, almost certainly been a straightforward murder case almost exactly a year previously, when an Italian female student had been killed: the PM and police abjectly failed to investigate the woman's boyfriend properly or collect evidence in a timely/professional fashion, when he almost certainly was the culprit; IMO this also fed into the desire/need to solve the Kercher murder quickly, professionally and brilliantly.

4) I think Mignini and Giobbi in particular thought of themselves as highly intuitive sleuths, who could figure out crimes by connecting abstract pieces of "evidence" and the behaviours of potential suspects; IMO this was a crucially important factor in the way that they decided so early on (in the total absence of any proper evidence, of course) that Knox in particular was heavily involved in the murder.

5) I believe that Mignini and the police had a well-practised system for "solving" crimes, which they employed in the Kercher case: they intuitively figured out who the culprits were, they brought the culprits in - without formally declaring them a suspect - and extracted a confession from them*, they then tried to get a trial-admissible confession by engineering a "spontaneous declaration" to the PM, and they then went searching for physical evidence to bolster their case; I'm sure that they'd secured many legitimate convictions using this method, and in Italy's unfit-for-purpose justice system where courts still acted in a quasi-inquisitorial manner where prosecutors were impartial "truth seekers" and it was effectively the defence's job to disprove the prosecution case, this would have been a highly effective method.


So what do I think most probably happened in this case? Well, I genuinely believe that Mignini and Giobbi sincerely thought they'd correctly identified Knox as a prime culprit in the Kercher murder. I think they thought Knox had met up with another man (at what precise point they concluded that this other man was Lumumba is still unclear, but the evidence shows it was at least most definitely before Knox made her first "confession/accusation") and had taken him to the cottage to assault and kill Kercher. I think that prior to 5th November, they were unclear as to Sollecito's role: he was either innocent of participation in the murder but lying about Knox's whereabouts to protect her, or he was a co-perpetrator and was lying to protect both himself and Knox.

I think that the PM and police carefully orchestrated a plan for the evening of 5th/6th November. The original plan was a multi-staged approach. They knew (from surveillance and other means) that Knox was staying in Sollecito's apartment. Firstly they would bring Sollecito in on his own and extract from him, at the very least, a confession that he'd been lying about Knox being with him in his apartment throughout all the evening/night of the murder.

This would obviously give the police/PM ample probable cause to send the cavalcade into town (probably having tipped off the media before hand so they'd be there to witness everything) to arrest Knox and take her back to the police HQ. And once confronted with Sollecito's confession and the force of authority of the police interrogators, Knox herself would "buckle" in turn and confess to her participation in the murder, as well as naming the "third man". The police would then go and pick Lumumba up (they knew he lived a long way from Knox and it was the middle of the night, so there'd be almost no chance that he'd have even been aware of Knox's arrest).

And having extracted these confessions (coupled with "spontaneous declarations" which they hoped to be able to use in court), the PM and police would simply dot the i's and cross the t's by collecting a bunch of evidence to bolster their case in court. After all, they'd correctly solved the crime, so almost by definition there would be supporting physical evidence and witness evidence pointing towards the culprits. In their minds, the confessions (or, more accurately, "confessions") simply served to prove their Holmes-esque hunches. They were geniuses. They'd solved the crime and put the culprits behind bars pending further investigation and the inevitable charges, and all within just over five days of the murder itself. The triumphalist press conference on the morning of 6th November is an important indicator of the mindset and motivation of the PM and senior police in this case. As, of course, were the ill-judged words to a group of journalists spoken by Perugia police chief De Felice (clearly pumped up with hubris and excitement), who served to provide extremely strong evidence that the PM/police had indeed already decided that at least Knox was involved in the murder (and that Sollecito was at least guilty of a serious criminal offence) BEFORE they were brought in for interrogation the previous night: he indicated explicitly that the authorities "knew" that Knox/Sollecito were lying, but that the interrogators successfully made them "buckle" and tell them "the truth".....

And we know for sure (from various testimony and evidence) that the PM and police employed highly suspect-centric methods in the ways in which they collected/analysed physical evidence and witness statements. Everything which supported their a priori conclusion was accepted near-automatically as reliable and credible, and anything contradicting their case was discarded. So when they seized Sollecito's kitchen knife, then instructed Stefanoni to find incriminating evidence on it, and then Stefanoni (owing to contamination and/or malpractice at some point in the chain of evidence and her own improper lab methods/protocols) "found" Kercher's DNA on the knife, the PM and police concluded the Sollecito must have played a more active part in the murder. This shift in view was further bolstered by evidence in respect of Sollecito's mobile phone: the police misinterpreted (possibly wilfully) the signal dropout of Sollecito's phone that evening to infer that Sollecito had actively turned off his mobile at around the time of the murder - and why would Sollecito have done that unless he too was an active participant....?

So Mignini and the police thought this one was totally in the bag, that corroborating evidence would clearly be forthcoming, that the convictions in court would be a slam-dunk, and that their (Mignini and the senior police) reputations would be gilded and elevated by their brilliance in the way they'd solved this case.

Until

Two things happened: it turned out that Lumumba had a very strong alibi (despite the police's active attempts to frustrate the alibi - and indeed to find a "witness" to state that Lumumba had left his bar at around the time of the murder (when in fact he'd stayed in his bar all that evening), and one of Guede's friends came to them to tell them that Guede had effectively made a form of confession to being at the murder scene (and that Guede had mysteriously fled to Germany).

Now, by this time, I believe that Mignini and the police had huge amounts of professional and personal pride invested in their version of events. To have radically changed their position at that point would IMO have seemed like professional suicide to them. And (improper) physical evidence was starting to come in which apparently cemented the Knox/Sollecito link. What to do? Well, the answer was obvious: the PM and police could effectively maintain their version of events (and thus safeguard their reputations of super-sleuthing in this case) by simply swapping out Lumumba and swapping in Guede - and (darkly brilliantly) blaming the "evil and manipulative" Knox for the initial focus on Lumumba.

All of this only scratches the surface IMO, and it's before we even address the improper and unlawful ways in which the convicting lower courts heard and assessed the evidence and reached their verdicts (mistakes which, fortunately for justice, the Supreme Court was ultimately able to identify and correct). But I've already written a gargantuan post and it's getting late!


* And remember (as I've linked to several times in these threads) the European Criminal Bar Association long ago identified this institutionalised malpractice in Italy of the police/PM deliberately failing to declare as a suspect people whom they actually did view as a suspect, meaning that they could question those people without any access to a lawyer or understanding of their rights, in order to obtain confessions.
 

Methos contributed this excerpt from the Matteini motivation report in the referenced post:

"Per quanto attiene, infine, il pericolo di fuga, questo è sempre presente in quanto si consideri che la famiglia della ragazza vive negli Stati Uniti e quindi vi potrebbe essere una estrema facilità per la medesima di lasciare il nostro paese; la circostanza che non l’abbia fatto prima del fermo è del tutto irrilevante in quanto, si ricorda, il fermo è stato molto tempestivo ed attuato prima che arrivasse in Italia la madre di Amanda al fine proprio di evitare situazioni del genere."

Giving, by Google translation with a little of my help:

"Finally, as far as the danger of escape is concerned, this is always present inasmuch as one considers that the girl's family lives in the United States and therefore there could be an extreme facility for leaving the country; the fact that she did not do it before the arrest is completely irrelevant because, it should be recalled, the detention was very timely and implemented before Amanda's mother arrived in Italy in order to avoid such situations."

Thus, the Matteini motivation report confirms that the purpose and scheduling of the Nov. 5/6, 2007 interrogation of Knox and Sollecito was to provide a basis for arresting and detaining Amanda Knox before her mother arrived in Italy. It is another confirmation that Knox was a suspect prior to the beginning of the interrogation.

Methos, thanks again for your help and a happy new year to you and to everyone reading here.
 
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