I am just going by the Treehorn post. CP: On the occasion of this party, Miss, was hashish smoked?AK: There was a spinello that was smoked, yes.CP: At that time, in October 2007, did you use drugs? AK: Every once in a while with friends.
How is Every once in a while with friends not a direct response to At that time, in October 2007, did you use drugs?
Are you saying there is a limitation in the Italian legal system such that the prosecutors have a tradition of not asking straightforward questions and, if the answer is evasive or not specific, tradition forbids asking the witness clarifying follow up questions?
Is this what you mean when you say She would have been pinned down in the US, and eviscerated in the UK. and Massei interceded in an attempt at more aggressive cross-x with a comment to the effect, "we must accept" what she says. That seems so unlikely to me, but is that what you are saying?
Here is an English interpretation from tape recordings of the trial testimony:
Judge Massei: I want to point out that the accused offers answers to every question.
She could always refuse to respond. She is answering, and that doesn't mean
she has to be asked about the same circumstances again and again. She is
not a witness. The accused goes under different rules. We have to accept
the answers--
unknown voice: But--
Judge Massei: Please, please! We have to accept the answers given by the accused.
She can stop answering at any time. At some point we simply have to move
on to different questions. One circumstance is being asked again, the
accused answered. The regularly, the tranquillity, the rituality of the
court, of the process, has to be respected. The pubblico ministero was asking
about suggestions. [To Amanda] If you want a suspension we can do it right
away.
Why did not the prosecutor simply ask ‘did you converse with Rudy Guede at that party, or did you share a spinello, or smoke hashish together with Guede at that party? One obvious possibility is because the prosecutor did not want to hear the word ‘NO’.
But your saying instead it is due to a tradition? And could you list additional examples, or perhaps at least the most egregious one you refer to at the start of your post?
Thanks.
One example of non-responsiveness is the rather lengthy effort of Mignini, and the judge, to get from her the identity of the officer she alleges cuffed her on the head. She begins with rambling narrative about doing her homework by the elevator, and after multiple re-asking by Mignini interrupted by multiple objections (which Massei comments appear to be "preventive"), and re-asking by the judge, she is only able to say that the officer was female with long brown hair.
The above-quoted pronouncements by Judge Massei appear the midst of a prolonged effort to learn who first mentioned the name, Patrick-- an officer or AK. Here is an English interpretation of the conclusion of that line of questioning:
Mignini: The question was: the question that was objected was about the term
"suggerimento". Because I interpret that word this way: the police say
"Was it Patrick?" and she confirms that it was Patrick. This is suggestion
in the Italian language.
Judge Massei: Excuse me, please, excuse me. Let's return to the accused. What was the
suggestion, because I thought I had understood that the suggestion consisted
in the fact that Patrick Lumumba, to whom the message was addressed, had
been identified, they talked about "him, him, him". In what terms exactly
did they talk about this "him"? What did they say to you?
AK: So, there was this thing that they wanted a name. And the message --
Judge Massei: You mean, they wanted a name relative to what?
AK: To the person I had written to, precisely. And they told me that I knew,
and that I didn't want to tell. And that I didn't want to tell because I
didn't remember or because I was a stupid liar. Then they kept on about
this message, that they were literally shoving in my face saying "Look
what a stupid liar you are, you don't even remember this!" At first, I
didn't even remember writing that message. But there was this interpreter
next to me who kept saying "Maybe you don't remember, maybe you don't
remember, but try," and other people were saying "Try, try, try to remember
that you met someone, and I was there hearing "Remember, remember, remember,"
and then there was this person behind me who -- it's not that she actually
really physically hurt me, but she frightened me...
Judge Massei: "Remember!" is not a suggestion. It is a strong solicitation of your
memory. Suggestion is rather...
AK: But it was always "Remember" following this same idea, that...
Judge Massei: But they didn't literally say that it was him!
AK: No. They didn't say it was him, but they said "We know who it is, we know
who it is. You were with him, you met him."
Judge Massei: So, these were the suggestions.
AK: Yes.