Vixen
Penultimate Amazing
From the above;
The First Instance Court, commenting on the fact that the accused had made the first contact with the English service used by the victim before calling Filomena Romanelli, hypothesized that the telephone call made to the service of the victim had been done with the sole aim of checking that the cell phones, removed after the murder from the dwelling in Via della Pergola, had not been found by anyone. The comment is valid, since it does not otherwise make sense, even putting aside the timing of the telephone calls which the defendant changed in the course of the hearings, why Amanda Marie Knox, in the event she had had the intention of finding out about her English friend’s condition, not having received a reply from the English telephone service used by Meredith Kercher, did not try to call the other service, the one with an Italian SIM card, of which the accused was perfectly aware.
This is NOT a fact, nor was it proven by the court. It's an opinion, and it's not even a logical one. As has been pointed out, Amanda and Meredith, when talking on the phone, always used Meredith's English phone, not the Italian one. So why would Amanda think of using a phone the two of them never used?
Next, we have this;
From the telephone records it appears that the telephone call made at 12:11:02 pm to the Italian Vodafone service of the victim lasted 3 seconds; the one at 12:11:54 pm to the English service of the victim lasted 4 seconds. Perhaps not even enough time to repeat the first ring. Filomena Romanelli indeed made two unsuccessful calls to the service used by Amanda Marie Knox, at 12:12:35 pm and at 12:20:44 pm, and let the defendant’s telephone ring for 36 seconds the first time, and for a good 65 seconds the second time; an insistence that appears normal for anyone who intends to speak on the telephone with someone who, however, does not immediately answer the telephone.
Here the court is displaying it's utter lack of understanding on how phone systems work. Filomena didn't let the phone ring 36 seconds and later, 65 seconds. As has been noted numerous times, the duration of a call is only based on after the call is answered. In both cases above, Amanda answered the call and spoke to Filomena, and that's how the calls got to 36 and 65 seconds in duration.
And more;
The telephone is allowed to ring for a considerable period of time in the hope of receiving a reply before resigning oneself to ending the call. But that did not happen when Amanda Marie Knox called the two cell phones used by Meredith Kercher. These are two calls that barely registered.
More evidence the court doesn't understand how the phone network works. The two calls were short because (1) Amanda chose not to leave a VM when she started hearing the message and (2) because the phone was out of service and it only took a couple of seconds to understand that message.
And finally;
The fact that the two calls to services used by Meredith Kercher did not alarm the defendant has only one plausible explanation. There was no concern at all in the mind of Amanda Marie Knox when she hurried to make the two telephone calls to the young English woman simply because she knew very well that Meredith Kercher could not have answered the calls; calls which had to be made because Filomena Romanelli insisted, but which the defendant knew [154] were useless.
Here the court has decided, much like yourself, they can read the minds of others. It seems pretty clear to me that Amanda WAS very much concerned, yet the court, because it doesn't understand how the phone system works, has concluded two short calls to Meredith's two numbers is evidence Amanda wasn't concerned.
So, what you posted does establish some facts, such as when the calls were made. But it also clearly established the court didn't understand how phone networks work, and as a result of that ignorance, formed an opinion which has no merit. As for what was proven... other than the court was pretty ignorant on phone networks, it didn't prove a damn thing.
It is opinion based on facts proven at the merits trial. In Italy, the judges are obliged to provide a Motivational Report so they have to interpret the facts found as to what they mean, and this does require the use of inference and deduction. It won't always be right but as long as it is 'within the bounds of reasonableness' it is considered acceptable as legally final, even if another judge on another day sees it differently.
The telephone log testimony can be found here:
March 13th and 14th, 2009- testimony by police and translators on CCTV and cellphone traffic (Massei).
- 2009-03-13-Testimony-MC-Barbadori-Moscatelli-Sollecito-DAstolto-Colantone-Donnino-Volturno-Knox.pdf
- 2009-03-14-Testimony-MC-Negri-Trotta-Trifici-Gregori.pdf
ETA: Some further facts found at trial:
It is fitting to recall them in their chronological order. The first contact was made at 12:08:44 pm and the telephone call left the service of Amanda Marie Knox, connecting to the cell servicing 130 Via Garibaldi. Amanda Marie Knox was thus at Raffaele Sollecito’s house. The second contact occurred at 12:12:35 pm and it was Filomena Romanelli calling Amanda Marie Knox; as it was Ms. Romanelli calling Knox at 12:20:44 pm; the latter calls were “unanswered” contacts. These last two calls also connected to a cell in service at 130 Via Garibaldi; Amanda Marie Knox was still at the residence of Raffaele Sollecito. The last call between the young women took place at 12:34:57 pm on 2 November 2007, when Filomena Romanelli finally succeeded in speaking to her, connecting with a contact cell that serves the Via della Pergola area. Therefore, from the examination of the telephone records, and in particular from the examination of the contact cells of the calls, as reconstructed by the State Police and by the First Instance Court (see pages 333-353 of the appealed judgment), it is possible to reconstruct with a certain degree of exactitude the movements of Amanda Marie Knox on the morning of 2 November 2007. At 12:07:12 pm she was certainly at 130 Via Garibaldi, at Raffaele Sollecito’s dwelling, where she remained until 12:20:44 pm, when she received a telephone call from Filomena Romanelli. Later, at 12:34:56 pm the defendant was already at 7 Via della Pergola, where she received the last call from Filomena Romanelli. ~ A Nencini 2014
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