7. THE JUDGEMENT HAS GIVEN WRONG TIME OF DEATH
The Court, referring to the data tanatocronologici and assessments related to these, made by consultants and experts, showed that:
1. Despite Meredith's body has not been weighed, you have determined the weight of the girl using the formulas used to calculate the weight-form, may not have provided reliable results (p.179 above). Considering the age of 21 years and height m. 1.64, in fact, the formulas used to calculate the Lorenz weight Meredith indicated that weighed 57 kg, thus placing the time of death at 21:50. If they had been using the formulas of Broca, however, would indicate a weight of 60 kg, and then the time of death would be placed at 20:00;
2. using the same parameters implemented by Dr. Lalli including the body weight of 55 kg, placed the time of death at 22:50 instead of 23:00 hours is misplaced because both cases have a very high tolerance closer to 95%;
3. the Gaussian curve can be subject to change, if change is implemented some of the parameters, as pointed out by Prof. Norelli, who, on the type of coverage of the body, pointed out that the quilt that covered the body of Meredith could have as correction factor 1.2 to 1.3 but not 1.7, used by Dr. Lalli and properly considered by Prof. Introna;
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4. "It 'true that later in the" application of the nomogram dr. Lally gave a value of 55 Kg. Whereas, however, when it assessed the body weight 50 kg dr. Lalli had before the same body and was particularly attentive to "the same observation as it was, is assuming that the measurement of weight does not deviate much from reality and taking into account the number and subsequently provided equal to 55 pounds, it is considered that the weight of Meredith can be shown to a good approximation in 52-53 pounds, weight, applying the nomogram, and taking into account the parameters set, including the correction factor "1.7, would like time of death with 95% tolerance midnight, midnight ten "(pp. 175-183 above)
With regard to point 1, you must make some comments, as expressed by the unreliability of the Court on the use of rules for calculating the weight is based on the evaluation of only two formulas: that of Lorenz, for a woman of 21 years, 164 cm high, the estimated weight of 57 kg and that of Broca, which for a woman of the same age and height, calculates a weight of 60 kg
The sentence, therefore, has entirely failed to report the results obtained from application of the formulas for calculating the weight, which provides a range between 55.4 - 60 kg with an average of about 57 Kg (p. 18 Consulting Professor Introna).
In fact, using the same parameters as implemented by Dr. Lalli information on the graph, you come to a time of death can be placed at 21:50.
In relation to paragraph 4, it should be noted that while the defense counsel Raffaele Sollecito used the media to the sum of the weight calculated on the basis of all the formulas in the literature to identify the weight of Meredith, the Court made an average between the weights measured "by eye" by dr. Lalli: (50 +55) / 2 = 52-53 kg, in order to place the time of death at midnight / midnight ten.
Faced with such assessments, it should be noted how the scientific information in the process have been scarcely considered.
In relation to paragraph 3, the Court has referred to some clarifications made by Prof. Norelli the correct one to use in the nomogram (1.2-1.3 instead of 1.7), not noticing that the use of the nomogram from the same was totally wrong because they have not been considered, nor the conditions for coverage of the corpse, let alone the site of position thereof.
The correction factor 1.7 is used, and the fact that the body was covered with a quilt, either because the same was lying partially on tiles and in part on the pillow, while the correction factor 1.2-1.3 was used exclusively on the that cover the body was made up of two covers (see caption of use for data input of the computer program attached to the advice of Dr. Henssege. Lalli and that of Prof. Introna).
I am not, neither few nor minor oversights and inaccuracies of the sentence on gastric contents.
In its ruling, in fact, it says "The Professor. Umani Ronchi ... also added that the stomach to empty it may take three, four, five hours, but also much more (ud. of 09/19/2009) "(p. 181 above).
The minutes of the hearing on 19.9.2009, it is noted that Prof. Umani Ronchi has indicated as long as is necessary for gastric emptying, 3:00 to 4:00 hours, rather than four to five hours (p. 3 ud. 09/19/2009: thus can be three or four hours, may be four, five, but in short, yes, three, four hours at least, is certain "), as reiterated by the same on page 38, where he stated that after three to four hours meal from the stomach should be empty (usually after three or four hours by "taking a meal the stomach should be empty, right? Expert: E" empty? "should").
In addition, the ruling states: "In addition to this must be considered also the presence of food residues in the small intestine and, therefore, as suggested by Prof. Umani Ronchi, one might think that such waste, were on the duodenum and
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for an imperfect positioning of bindings, or for affixing a ligature occurred in the manner and timing that have not been able to prevent slippage of material from the duodenum to the small intestine. The figure: duodenum empty, it would not fully trusted "(p. 182 above).
Prof. Umani Ronchi, at the hearing on 19.4.2008 and 19.9.2009, has never reported on "an imperfect positioning of bindings" in the duodenum, but on failure to ligation of the duodenum by Dr.. Lalli at autopsy (p. 23 ud. 09/19/2009: "given that the slurs were not made, given that this can happen without the ligature slipping down and that a portion of food that had passed perhaps as early as duodenum, gravity had not already arrived, it was not quite up to the ileocecal valve).
Failure to allow ligation of the duodenum, in fact, to suggest to Professor Umani Ronchi that the gastric contents, at least in part, had slipped into the duodenum or the stomach contents, already passed into the duodenum, had slipped by gravity to the ileocecal valve after having walked 5 meters of small intestine. Hence, the Court relied on the unreliability of audits performed at autopsy on the objective fact that he had found the duodenum empty.
Based on this assumption, endorsed the decision, it could be said that if the duodenum was closed by ligation, the gastric contents is to faithfully recorded by Dr. Lalli and duodenum described as empty as is a fully trusted.
However, the Court during the hearing on 30.11.2009, was able to directly watch the video of the autopsy conducted by Dr. Lalli, who has correctly applied the ligature to close the duodenum, so as to prevent any slippage of gastric contents into the duodenum and the duodenum itself down, devoid of all credibility propounded erroneous considerations about the possible slippage of food from the stomach into the duodenum.
But the decision was entirely failed to consider that fact.
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In the explanatory memorandum states that: "When the autopsy dr.Lalli has found in the esophagus a plant fragment, apparently a piece of fungus (Lalli report page 46). In relation to this data you may think that Meredith arrived at home around 21:00 accompanying this meal I have eaten something - then that would be the "last of his life - with a little" wine or beer (note: in reference to alcohol than 0.43 g / l measured the outcome of toxicological investigations carried out by Dr. Lalli) "(p. 182 above).
The description of the fungus carried by dr. Lalli at autopsy represents an unresolved problem to the state, that the Court could have clarified through the implementation of product analysis, which clearly could have been made on that piece food.
It is, in fact, a description given by Dr. Lalli in terms of plausibility and conditioned by the historical fact circumstantial, since the dr. Lalli aware, the days when he performed the autopsy, that Meredith Kercher had eaten a pizza with mushrooms (as stated in the autopsy film at 16:48).
This fragment was food, then, a finding by Dr.. Lalli and stored inside a closed tube with a blue cap, and has never been kept under review to identify with certainty the commodity nature, thus leaving open all possibilities: the presence of mushrooms in the sauce of the pizza (not supported by data Circumstantial, nor the presence of other similar fragments in stomach contents), the consummation of a second place after the dinner hour 21 (not guess by the presence of food fragments similar in gastric contents found inside the stomach of Kercher).
In this regard, then, the alleged recruitment of a glass of wine or beer, according to the Court, it came when Meredith came back in her home, you must highlight the contradiction in which the sentence has been dropped. On page 390 is written, in fact, that the victim had never taken alcohol.
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The decision also stated that: "In relation to (...) the difficulty of restricting the range through the" use of the criterion of gastric emptying or the nomogram Henssge, it is believed that the "time of death should be indicated in the oscillation of time over which the various experts and advisers have also essentially agreed, namely from 20 to 30 hours before the first investigation on the body occurred at 00.50 hours of 11.03.2007 "(p. 182 above).
In light of the newly discovered oversights may show the following: only the experts have argued that the wider range in which to place the time of death is between 20 and 30 hours prior to 00:50 hours of 11/03/2007 while Dr. Lalli has indicated a range between 21.30 and 30 hours prior to 00:50 hours. Prof. Dr. Bacci and Livingstone have also placed the time of death in a range between 21:30 and 24:00 hours 1 .11.2007, ie at the time including the broader in that shown by the experts: between 20 and 30 hours prior to the 11/03/2007 00:50 (see p. 13 report Bacci-Livingstone), the second prosecution is that all consultants and experts, while acknowledging difficulties in interpretation of gastric contents for tanatocronologici, have identified the time of death to the type and amount of gastric contents and the composition of last meal known as follows:
- Dr. Lalli: a distance of no more than 2-3 hours after the last meal (see Errata 2/15/2008 gained during the oral and verbal shorthand p. 47 ud. 03/04/2009);
- Prof. Dr. Livingstone and Bacci: Remote 2-3/3-4 hours after the last meal that was consumed by 18 hours intermittently till about 20 .11 1, as demonstrated by the fact that the stomach and duodenum was filled with empty, indicating that gastric emptying was not yet begun (p. 64 ud. 04/04/2009; ud.18.4.09 p. 32);
- Prof. Umani Ronchi: a distance of 3-4 hours after eating (p. 30 ud. 09/19/2009).
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Based on these details we can say that, while taking account of the wider range given by most consultants, the time of death would be placed at 22:50 of the first .11.2007.
You can, however, from a scientific point of view, to further restrict this range, using the stomach contents, for separate (500 cc.) And composition (pastry, cheese, vegetables, apple slices) and the comparison between the same last meal taken by the victim reported the texts: the time of death would thus be placed, according to a medical-legal criterion of maximum reliability (because of the unique and convergent views of the various consultants and experts), at a distance 2-3/3-4 hours from initiation of the last known meal (1 .11.2007 18:30-19:00 hours) and then at around 9:30 p.m. to 22:00.
The ascrivibilità 21:30 to 22:00 at the time of death was confirmed by 1 .11.2007:
- In correspondence, the quantity (500 cc. Approximately one pound of food) and quality (pizza with mozzarella and vegetables, apple pie), including food intake during the last 1 .11.2007 meal, and gastric contents the body;
- Meredith in the absence of fragments in the stomach of food other than those described by her friends the same as consumed during dinner 1 .1.2007;
- Empty into the duodenum, which (having been properly closed by ligation as seen in the movie autopsy), is indicative of the failure to initiate gastric emptying;
- The randomness of nature attributed to the plant fragments found in the distal esophagus III, never submitted for examination and merchandise that can reasonably be attributed to a slice of apple.