A first datum consists of what Dr. Lalli verified with respect to the presence of a quantity amounting to 500cc in the stomach; another element is the absence of material in the duodenum. Professor Introna therefore recalled the witness depositions of Meredith’s friends, from which it would have resulted that Meredith began eating her last meal at around 18:30 – 19:00 pm on November 1, 2007 (page 25 of the report already cited several times, and the declarations made in the court hearing of June 20, 2009). Based on these elements, and considering a time of gastric emptying of 2 to 3 hours after the commencement of the ingestion of the last meal, Professor Introna asserts that the violence suffered by Meredith, and which probably caused the cessation of the digestive process, began between 21:00 pm and 21:30 pm.
This court does not hold such a prospect to be sustainable. In the first place, we recall what has been explained by the various consultants and forensic pathology experts concerning the difficulty in establishing digestion times, these being influenced by multiple factors. Thus Dr. Lalli, while affirming that gastric emptying begins as soon as one part of the stomach’s contents has become sufficiently liquid to pass through the pylorus, and that this occurs around the 3rd to 4th hour after the meal, made a point of adding that many factors influence the gastric emptying times, such that any deduction of time of death based solely on this data is rather unconvincing (page 64 of the Lalli report).
Professor Norelli emphasised the difficulty of [using] this parameter to determine the time of death, stressing the variability of digestion times and also the possible difficulty in establishing with certainty the time that the last meal began. Furthermore, Professor Introna did not fail to emphasise the difficulty of conducting an analysis performed on gastric contents and their emptying times due to the numerous variables by which they are influenced (page 15, hearing on June 20, 2009).
However, it was the experts appointed by the GIP for the pre-trial phase [incidente probatorio] who in particular emphasised the unreliability of such a criterion.
Professor Umani Ronchi testified that digestion is determined by a whole series of absolutely individual conditions and that these are not constant even for the same person. Moreover, he added that the stomach may need three, four, five, or even more, hours to empty itself (hearing on September 19, 2009). Even under standard conditions he indicated that a considerable and variable period of time was necessary. In the report lodged during the pre-trial phase [incidente probatorio] there was also a table and the [reference] literature relating to gastric emptying times, from which it followed that variability is substantial, depending on the type of meal, with the opinion that the said indications were of ‚dubious value‛. In any case, it was indicated that a farinaceous meal would require 6 to 7 hours (see report of Umani Ronchi, Cingolani, April, page 45). Consequently, assuming that Meredith began to eat at around 6 pm, the gastric emptying could have occurred around midnight, or even later.
The responses given by experts, on precisely this point, at the November 27, 2007 hearing before the GIP during the pre-trial phase were even more clarifying. Specifically, with reference to the pizza and thus to the foodstuffs that Meredith would have begun to eat at around 6 pm on November 1, 2007, Professor Umani Ronchi spoke of a gastric-emptying time of 6 to 7 hours (page 46 of the transcripts of the statement of said hearing). With even greater expository efficiency, Professor Cingolani emphasised that the criterion of stomach contents is the most untrustworthy, the most unreliable criterion for determining the time of death, since it can result in variations that can go from 1 to 12 hours, or even more (see the hearing testimony of November 26, 2007, page 55).
Besides this, the alimentary remnants in the small intestine must also be considered, and thus, as hypothesised by Professor Umani Ronchi, it would be possible to think that these remnants could have been found in the duodenum either because of an imperfect apposition of the ligatures, or because of an apposition of the ligatures that took place with such manner and timing as to make it impossible to avoid a sliding of material from the duodenum to the small intestine. The fact [that the] duodenum [is] empty is not [necessarily] fully reliable.
The following considerations add a further element of uncertainty to using the criterion of gastric emptying: Meredith’s friends, in speaking of an afternoon meal on November 1, 2007 that was eaten with Meredith, stated that no alcoholic substances were consumed; they drank only water.
According to statements by Dr. Lalli, based on the toxicological tests, the presence of ethyl alcohol in a concentration of 0.43gram/litre was found (Lalli report page 54); Professor Cingolani declared that it was a quantity equivalent to about a glass of beer or wine. During the autopsy, Dr. Lalli discovered a vegetal fragment in the oesophagus, apparently a piece of mushroom (page 46, Lalli report). In relation to this data, it is possible that Meredith, arriving home around 21:00 pm, ate something to accompany this meal – the last one of her life – with a bit of wine or a beer. This eventuality, with regard to hypothesising based on the above-mentioned objective elements, adds a final uncertainty to the notion of using the criterion of gastric emptying to determine the time of death with any certainty.
In relation to the above, from the difficulty of restricting the range by using the criterion of gastric emptying as well as Henssge's nomogram, it is held that the time of death must be indicated by the time range for which the various experts as well as the consultants substantially agree, and that is from 20 to 30 hours before the first examination on the body took place at 00:50 am on November 3, 2007 (on this point, see also page 47 of the transcript of the November 26, 2007 hearing, in which even the Sollecito defence consultant, Professor Vinci, declared himself in agreement with this range).
Taking only the thanato-chronological data in account, the time of death can therefore be situated at between 04:50 am on November 2, 2007 back to 18:50 pm on November 2, 2007. This range can be further restricted, therefore, only on the basis of circumstantial evidence, according to which, as has been seen, Meredith was still alive at 21:00 pm and on her way back to her home at number 7, via della Pergola.
Finally, it is excluded that, when Meredith suffered the lesions and the violence that caused her death, she was in a state of alcoholic intoxication. Dr. Lalli already arrived at this conclusion, having found an alcohol level equal to 0.43gram/litre. As [we have already] seen, the GIP-appointed experts also reached the conclusion that Meredith was not alcoholically intoxicated, and that the quantity of alcohol found by Dr. Lalli corresponded to the consumption of a glass of wine or beer.