The following passage from the sentencing report might also be considered paradigmatic: the Court, moving from the dimensions of Amanda’s bag (“Amanda carried with her a very large bag as Romanelli declared”: p. 403 sentenza) – in itself a totally neutral circumstance, not to say completely insignificant in the factual reconstruction of the crime – concludes by affirming that “in this bag the knife in question could have been placed (…) Moreover, it is entirely [Massei translation: “quite”] plausible that Amanda, taking this knife in her very large bag, when going with Raffaele to the house on Via della Pergola the late evening of 1 November could have taken this knife (…) with the intention, initially, of mere threat” (pages 403 and 404 sentenza).
In other words, the fact that Amanda had with her a capacious bag was considered an essential fact and sufficient to deduce that on the evening of the murder she took the kitchen knife seized by investigators in Raffaele’s house (sic!).
Think also of the consideration given by the Court to the habit of Raffaele Sollecito of carrying an ornamental boxcutter knife. Starting from this premise, the judgment claims that “Raffaele Sollecito not only found himself at the scene of the crime and pursuing with violence the same objective as Rudi Guede, but was armed with a sharp boxcutter (…). Elements which lead one to consider that the wound with a depth of 4cm was inflicted by Raffaele Sollecito with the boxcutter that he always carried with him” (pages 400 and 401 sentenza).
In essence, in the view of the Court, Raffaele Sollecito’s habit of carrying in his pocket a small boxcutter would be enough to deduce that he used it to strike the victim, and it is for the defence, if anyone, to prove otherwise.
It is important to note that not only does there not exist a single element to link the murder with a boxcutter of Sollecito’s, but even the representatives of the prosecution have never drawn attention to this theory.
The judgment considers it totally irrelevant whether or not elements exist which are able to support this theory and likewise irrelevant that this phantom boxcutter was never found: “That the boxcutter used on this occasion by Raffaele Sollecito has never been found is an irrelevant fact since such a weapon was not difficult to find and very easy to conceal” (p. 401 sentenza).
No wonder: if the mere fact of the capacity of a bag proves that it was used to transport the knife from the house of Sollecito to Via della Pergola, it is obvious that the 4cm depth of one of the victim’s wounds can in itself only prove that it was inflicted by one of Sollecito’s boxcutters (never mind which one, of course!).
Ultimately, elements and circumstances of total insignificance, which should in no trial even assume the dignity of suspicion, were even elevated to the rank of decisive proof against Raffaele Sollecito and Amanda Knox.
Symptomatic of this erroneous and misleading approach is the passage in which the judgment comments on the declarations given by a witness, Nara Capezzali, on the alleged scream heard the evening of 1 November: to justify the credibility of an absolutely unreliable witness it is noted “if this scream did not happen and Capezzali did not hear it, we do not see the reason why she would have spoken about it” (p. 89 sentenza).
The illogicality of this assumption is obvious: rather than objectively evaluating the inconsistencies which emerged from the testimony of the witness, we start, without any justification, from the presumption that the same is reliable.