4) halides1 and Fiona: How strong (or not) do you each think the case against Knox and Sollecito is without the LCN DNA results? Strong enough to suspect them? Charge them? Bring to trial? Convict?
Real life has also intervened for me and I have no internet access from Monday to Friday for the next few weeks. More importantly I have come to the conclusion that this thread has deteriorated and is unlikely to be salvageable: we all have the same information: we cannot agree on the most minor points: and some of the contributions lately seem to have nothing to do with the facts of the case but rather to be bringing personal animosity from elsewhere in order to continue an irrelevant fight.
Nevertheless your question is fair and I will try to answer it.
I have thought from quite early on that the dna evidence is not all that important in this case. That is not to say that I do not think it is valid; but rather that I think the case does not hinge on it. I do not think it rests on any one factor but rather on the accumulation of many small bits of evidence. This is true of many real life criminal (and civil) cases. Our expectations of one clear and unambiguous "proof" are unrealistic, and the search for that is quite damaging to our understanding. There would be no defence if things happened like that: they don't, usually
So let me review the things I think have led me to believe that the verdict is correct, in no particular order: The other facts we have to account for, as I understand it, are these
i. Guede's **** in the toilet
ii. The broken window
iii. The glass from the window being on top of the mess
iv. The footprint evidence revealed by luminol in the hall and Filomena's room
v. The mixed blood and dna in the bathroom and in the footprints
vi. The footprint on the bathmat
vii. Guede's dna inside Meredith
viii. Guede's fingerprints and hand prints and shoe prints at the scene
ix. The lady's shoeprint under the pillow
x. Meredith's body being moved after her death
xi. The number and spread of the wounds on Meredith's body
xii. The different sizes of the stab wounds
xiii. AK and RS's movements on the night in question
xiv. The changing stories
xv. The accusation against Lumumba
xvi. The failure to clear Lumumba given several days to do so
There are probably a lot more but I have not got a lot of time today
1. Stranger v Known Assailants:
It is established fact that most murders and sexual assaults are committed by someone the victim knows. Of course that is a general finding and there are many exceptions: so we have to look at the possibility that there was an as yet unknown perpetrator.
a)For that to be the case it seems to me that one would have to accept that entry was through the broken window. There is no reason that window would have been broken for any other reason than to effect entry, if a total stranger killed Meredith Kercher. I cannot see it as likely that such a stranger came in through the door. There are only three ways that could have happened: either Meredith opened it and let this stranger in (no sign of a struggle at the door) which is to me unlikely when she was alone; or it was left open before she returned ( AK and RS were last to leave the cottage and AK has testified they were careful to close the door properly as it was apt to blow open, so that is unlikely) and the stranger entered before she came home; or she did not close it properly when she did come home and so the stranger entered after her (again unlikely given they knew it could blow open and she was alone in the house).
This means that someone must have decided to break into a house by a difficult route and I do not know why they would have done that: subsequent break-ins were not through that window. The defence set out to show it could be done but they did not actually succeed in doing it (though arguably it is not impossible).
b) Continuing on that line: a stranger might have known how many people lived in the house: or might not. But is is unlikely they could have known that Meredith was alone and the boys downstairs were away as well. For an opportunist thief this is a lot of coincidence:the same applies for a determined rapist. There are shutters on the windows so the absence of lights is not conclusive: it was a holiday weekend: people are not in their usual routine on holidays and there is no certainty when folk will be in and asleep; coming home, with friends or without; and in a student house that is particularly true. It seems that this stranger chose to enter sometime between 5 pm and 9 pm: in this country opportunist burglars tend to attack houses where the people work and they do it during the day when the residents are away at their jobs: or at school etc. This is an odd time to choose.
c)There is no evidence from forensics that a stranger was in the house, so far as I know.
d) Burglars do not generally turn rapist when disturbed (or for any other reason)
e) The evidence is that there was more than one assailant: so did one very agile stranger come in through the window and then let others in through the door? Not possible without a key unless Meredith was already home: maybe the stranger did not realise she was in till he or she let their pals in? But then we either have at least two burglars who suddenly turn to rape and murder; or we have two rapists working together. It can happen: but it is not a very likely scenario
f) The glass was on top of Filomena's stuff: I accept that evidence and so it seems the window was broken from inside. The defence tried to show that the pattern was compatible with a rock thrown from outside, but as I understand it they accepted that they had not taken the shutters and curtains into account when they proposed that: so that view falls. But a stranger can have no reason to do that
So for those reasons I do not think a stranger committed this crime.
2. Guede Acted Alone:
This has been extensively discussed. I do not think it is plausible. Much of what I have said about a proposed stranger also applies to this theory: the problems with the window: the glass on the top of the mess; the evidence of more than one assaillant; the problems with entry through the door; no trace of Guede in Filomena's room; no trace of him in the bathroom; the fact that Meredith was moved after death.
In addition to those things there is the fact that those who know Guede do not attest to any violence in him (the descriptions from his foster mother are interesting in this respect and provide a good counter to the lurid descriptions of his character we see elsewhere)
More importantly I personally cannot see any circumstances whereby a burglar (or rapist) could use the toilet: I know that many accept he ate something bad, as he said; or that the stress of the murder etc itself could have loosened his bowels. I am open to evidence that this is a common reaction found at other crime scenes, but in its absence I just don't believe it: sure, once away: but while there and full of adrenalin? I cannot think this is a good mechanism for fight and flight, or any other theory of how the body reacts under stress. Perhaps it is argued that he stayed long enough for the adrenalin to wear off? Again I cannot see any reason to believe he was the one who moved the body: what reason could he have to do that? To make it look like rape? How does that seem like a good idea? And why did it take so long?
3. The Three Acting Together
This theory fits the evidence better, so far as I can see. It is admittedly difficult to understand how they could have planned such a thing: but the verdict does not presume premeditation, so that is a bit easier.
No matter how many holes one can pick the fact is that neither of the alternatives proposed accounts for most of the things which I listed as facts which need to be explained. There are arguments put forward by the "lone wolf" proponents to explain them all, and each by itself might seem at least possible: but taken together they don't: they pile odd on top of unlikely and ice them with frankly ridiculous; as a whole they are just not convincing to me.
Let me go through them (at the risk of repetition)
i. Guede's **** in the toilet. I do not believe a lone rapist/murderer would take a **** because I do not think his body would let him: but if it did I cannot see why he would he would do it an not flush: flushing is pretty automatic and there is nothing in this narrative to suggest he was disturbed unless it is proposed he was disturbed by Meredith either coming home; or by her challenging him ove the money or something else.
If he was in the toilet when she came home he is a very relaxed burglar indeed: and even a habitual robber would surely "go" before he broke in. It is possible he ate something bad but I still think this is a very, very odd coincidence.
But say it happened, and he did not flush. Why? Natural assumption is so he could get out of the door ( when she went to her room he could easily do this and no harm done.
It follows that he must have intended rape and/or murder, and he did not flush so he could sneak up on her: then he had to have come with the intention to rape and murder. It is not very likely to have suddenly occurred to him when he was dealing with a bad stomach.
He has no record of violence (though that proves nothing in itself): he could not know for sure that the other housemates were not coming home that night. He is not known to carry a knife but if he intended to assault her, fair enough: but why would he have two? I just cannot see this
So say he did have an invitation to enter and was visiting: all is fine and he needs the toilet. While he is there she discovers the money missing. Why would she accuse him while he is still in there? Through the closed door? Or he heard her (through the closed door and from the bedroom at the other end of the house) make the discovery? why is he in a hurry to get out of the toilet and not out of the house? I can't see that either.
ii. The broken window
If he came in that way why is there no trace of him in that room? How did he do it? Why that night at that time with no certainty that Meredith was alone and that her housemates would not return? He may have watched and known she was on her own: but he could not know what Laura and Filomena were doing, because AK did not know: or so she said. If katy_did is correct how did he intend to get out afterwards? Presumably he intended to steal the keys, as has been proposed. If so he planned murder/rape yet he had no plan to get away afterwards? His flight to Germany was not smooth and not immediate. What was all that about?
iii. The glass from the window being on top of the mess
Guede can have no reason to do this: so the defence say this is not true. Well it may be that this was not accepted by the court and the reasons for decision will say so if they did not: but aside from on this board I have not seen that challenged. Filomena and the police both testified to it and I have seen nothing to counter it. In the absence of further information I take it as fact and it speaks against Guede acting alone: but AK and RS have a motive for staging a break in if they were involved. It points to a perpetrator from outside the house.
iv. The footprint evidence revealed by luminol in the hall and Filomena's room
The best arguments I have seen against this is that it was not blood but some other substance; that the time it was laid down is not certain and it could have preceded the murder; that this is to be expected when people share a house. Well I cannot accept that. These were bare footprints and there is no explanation as to why they would be in Filomena's room: there is no reason Knox's dna is mixed with the substance and the scientists say they can tell blood from other stuff revealed by luminol. They are isolated: not a full track from A to B. I wrote about this extensively very early in this thread: I think this is strong evidence and the counters to it look desperate to me.
v. The mixed blood and dna in the bathroom and in the footprints
See above. We have seen explanations about shared bathrooms and also about menstrual blood. Well menstrual blood is distinguishable from other blood and that is a non starter so far as I can see, even if women were in the habit of leaving menstrual blood about the place (which they are not). Nobody has answered my question about how common it is to leave dna around and since I was wrong about the fingerprints I would like some evidence about this rather than simple assertion: it has not been forthcoming
vi. The footprint on the bathmat
That print is there. It fits Sollecito's foot. I have seen no explanation for why it is there from the defence. I have seen them try to say it cannot be Sollecito's because his foot is deformed: I have seen them say it is the wrong size and is Guede's. So when and why did Guede take his shoes off? I find this laughable, frankly.
vii. Guede's dna inside Meredith
I think we are all agreed that Guede had sexual contact with Meredith: he says consensual: most do not believe him
viii. Guede's fingerprints and hand prints and shoe prints at the scene
I think we are all agreed he was there. He says innocently. Most do not believe him
ix. The lady's shoeprint under the pillow
That shoe does not fit Meredith. It does fit Knox. But the shoe has not been found and the prosecution have not attributed it. It came from somewhere though: and no other woman is in the frame here. It is suggestive only: but in combination with the rest.....
x. Meredith's body being moved after her death
I have seen it argued that this was done either before death or very shortly after. All I can say is that there is no scientific report supporting that so far as I know: the lividity and the blood pattern all support the idea it was done after some considerable time. The removal of her clothing too. Neither a stranger nor a long attacker has any motive for doing this that I can see. I do not think Guede stayed to relax nor that he returned to do this because I cannot see any benefit to him in taking those risks. Again AK and RS have something to gain by making it more like a rape scene.
xi. The number and spread of the wounds on Meredith's body
The defence have suggested one person could have done this, but the descriptions of how are not convincing. Unless the lone killer was an octopus I accept there was more than one assaillant.
xii. The different sizes of the stab wounds
The explanation as to how these wounds could have been made with one knife have been explored. I do not accept them for reasons discussed upthread. Some have also said that one murderer wielded two knives: I cannot see why he would and I do not accept that either
xiii. AK and RS's movements on the night in question
Neither of these people has an alibi of any sort: ok that can happen and it is very unfortunate if it does. By itself it is not significant. But what they have said about it does not fit the facts we have: there was no phone call between RS and his dad at 11 pm. They did not watch the film when they said they did. RS did not use his computer when he said he did. They were not asleep at 5:30 am as they said. To me there is independent evidence which overturns their claims and that cannot be waved away
xiv. The changing stories
This is damning, to me. RS originally said they were at a party. That is a report from a journalist and so we need not accept it. But he did tell the police they were together in his home: and he then retracted that as a load of rubbish. AK first said they were together; then that she was out and met Lumumba etc; then back to she was in the home. It is not just the stories either; it is how AK told hers too. We have seen the notes and the testimony. It is not plausible to me
xv. The accusation against Lumumba
This has been explained as a result of duress. There is no evidence of that duress and despite the insinuations made here the questioning looks very reasonable to me. I wonder what some people imagine happens in police interviews. I posted some stuff about that upthread: and nothing which has actualy been said is very far from what one would expect with the exception of the number of people who are said to have been in the room at the time. That claim is disputed (and is not actually supported by AK's testimony when she is asked about the numbers specifically): and given what I know of how interviews are conducted I do not believe what she says. The length of time was not unreasonable: she herself asked for the second session: her spontaneous statement in prison was not coerced at all. I think this was an attempt to frame an innocent man. I cannot see it any other way
xvi. The failure to clear Lumumba given several days to do so
My conclusion about the attempt to place blame on Lumumba is reinforced by this because I cannot see any other way to read her statement. As an attempt to clear things up it is an astonishing document: it seems to me to keep her options open rather than clearing him. From someone who is a language student and who writes regularly it is frankly unbelieveable as anythong other than an attempt to obfuscate further.
For all these reasons I think that without the dna evidence the case would have been brought and the convictions obtained
Much depends on what you choose to accept and if you believe that the prosecution conspired with the police and the forensic scientists and the court and old uncle tom cobbley and all the of course there is no case: there never could be. I see no reason to believe that at all. To me that is all the defence have got. And they have not even presented a reason why all those people would gang up on these three.
If you do accept that conspiracy then I think you must exonerate Guede too: for the evidence against him is no stronger than that against the others if you dismiss everything these conspirators have said.
Seems to me that Meredith could not have been killed by a stranger: and if all this is accepted then none of the three who have been convicted can be safely held either: so it must have been the pixies after all