The difficulty people with an "innocence" point of view have in relation to Amanda Knox's statements (Memorandum #1 @ 1:45 am, and Memorandum #2 @ 5:45 am) is regarding two issues, two issues tantalizingly similar, but the difference, however small, is everything.
As tempting as it is to see the issue here as whether or not Knox's statements were "coerced", I now think that's not the issue. People who believe in innocence and believe the signed statements to be bollocks should not argue on the basis of "coersion".
In discerning the true nature of these statements, and how they should apply to guilt or innocence, or whether or not Knox committed calunnia in implicating an innocent man (Lumumba), the real issue is whether or not these statements were "spontaneous".
Coerced and spontaneous, while closely related, are two separate things.
Uncoerced - "unforced, willing, voluntary - of your own free will or design; done by choice; not forced or compelled."
Spontaneous - "Happening or arising without apparent external cause; self-generated, Arising from a natural inclination or impulse and not from external incitement or constraint."
The "impulse" Mignini wants to trade on is "fear". See below. (Coersion contains no impluse - no inner sense of guilt - to blurt something out.)
Unless there is a major issue of translation here from Italian into English, there's a subtle difference between these two things, as revealed in what Mignini had to say in his CNN May 2011 interview. (I need the Italian speakers to help here - Peggy Ganong's people have translated the import of what Mignini said in the 2nd interrogation as):
"Voglio riferire spontaneamente quello che e successo....." "I wish to relate spontaneously what happened because these events have deeply bothered me and I am really afraid of Patrick....."
This subtle difference? Well, for one thing, I believe Mignini introduced two words into the room after 1:45, and they have to do with Knox's alleged "spontaneous" statements, and have nothing to do with "coerced" statements.
You see, I am becoming to believe that in an Inquisatorial justice system, coercion might be tolerated, because the object of the exercise is to get at the truth.
The issue is the spontaneity of the statements. I believe Mignini introduces this based on his assessment of the inadequacies of the 1st interrogation, the one that produced the 1:45 am memorandum. In the CNN interview, in Mignini's words:
Mignini (CNN Interview): "And thus her interrogation as a person informed of the facts was suspended by the police in compliance with Article 63 of the Italian Code of Criminal Procedure [c.p.p. - Codice di Procedura Penale], because if evidence appears that incriminates the person, the person being questioned as a person informed of the facts can no longer be heard, and we must stop."[/u] Further: "There must be a defense attorney [present]”.
That was for public consumption. But this was NOT what was worrying Mignini.
There are small things that indicate this agenda of Mignini's.
Note Mignini says in the CNN interview, that he first saw Knox after she'd signed the 1:45 statement. He looked at her, and on the basis of looking at her only (remember, his next claim is that he asked no questions, so how else would he assess Knox's demeanor?):
Mignini: "I went to Amanda who, I remember how she was, what she looked like, I remember her very well, she remained imprinted in my memory, I still remember then two things about Amanda that struck me at the time: first, she looked like she was relieved of a burden and second, she was like, and this is another detail that was impressive, it seemed as if she was terrified of Lumumba."
He further said, "Then I, as I had in some way to, let’s say… this police interrogation had been suspended. At that point I remember that… they made me notice that Amanda, because she wanted to go on talking, I remember she had, like a need to. So I told her: “you can make statements to me; I will not ask questions, since if you make a spontaneous statement and I collect it, I will collect your statement as if I were in fact a notary”. She then repeated [her story] to the interpreter."
"Spontaneous" as a word plays big, because it also makes it into the statement Knox signed after 4 hours (4 hours!) of this patient listening by, dictation taking, only a notary Mignini.
And another thing comes into play here - Mignini needs Knox to "spontaneously" say she's afraid of Lumumba. I am not sure why, perhaps becuase that gives Knox a motive to be so spontaneous? She needs to have an inner urge that needs expressing, and this is where "fear" comes in.
But whether you agree with this or not, it is Mignini, after 1:45 am, who brings "the fear of Patrick" into the room, something that Knox makes no mention of, even if she'd been the author of the 1:45 am statement, rather than just its signatory. "Fear" plays no role there. (Heck, it could have been an accidental killing at that point, no real reason to fear Patrick.)
Here's Knox's trial testimony, about this fear issue. (I believe that at the time, Knox was not aware of the crucial juncture facing police - the juncture between the 2 interrogations, which led to two memorandums. I think she harmonizes them.... but Mignini was fully aware of the problem here....)
When Knox at trial says:
CP (Lumumba's lawyer): In the interrogation of November 6, 2007, at 5:45, you declared that before she died, you heard Meredith scream. How could you know that Meredith screamed before she was killed? Who told you?
AK: So when I was with the police, they asked if I heard Meredith's scream. I said no. They said "But if you were there, how could you not hear her scream? If you were there?" I said "Look, I don't know, maybe I had my ears covered." So they said "Fine, we'll write that down. Fine."
CP: [louder] But I can tell you that on November 6, the police did not know that Meredith screamed before she died, so why would they suggest it to you?
AK: I imagine that maybe they were imagining how it might have been.
The first Memorandum makes no mention of screaming. So no overt reason expressed in the 1st Memorandum really to fear Lumumba. I think Mignini needs to bring "Screams" into the room, so that they can make it into Knox's statement, all to establish:
1) She was afraid of someone who would make a friend scream, ie. it was definitely and knowably not just an accidental death
2) She'd be more than likely to blurt out a spontaneous confession, based on overcoming an urge for fear of the killer, rather than the coersive techniques of the police.
I think that's it. At least I think that's why Mignini needs this to be "spontaenous" and why Mignini needs the "spontaneity" to include a fear of Patrick to make it more plausible that she'd just blurted it out.
All with the lie Mignini says to CNN where he's not asking questions (why? Because he says so? Why does he have to stress this point to CNN? It's not just because he'd not got a lawyer for Knox, it was also because this thing was going to stand or fall on the believability of "spontaneity".) All with lMignini lying about not directing things. He has to lie.
Yet, proof that he was directing things is the very use of the word "spontaneous" in the second memorandum, as well as the new thing, "I am afraid of Patrick." At trial, Knox explain well that she wasn;t afraid of Patrick, and more importantly verifies that this issue came up in the 1:45 - 5:45 period when Mignini admits he was there.
No one says, "I wish to relate spontaneously what happened...." unless you started, "I wish to relate what happened..." and then you get a slap on the back of the head and someone yells, "Spontaneously!" Remember it has to be spontaneous? How many times do we have to tell you!" (Ok, I exaggerate there for effect, but you get the drift.) "Ok, ok, I wish to relate spontaneously what happened...."
The issue is not the coersive nature of the interrogations. Don't get stuck on it. The interrogations stand or fall on the judgment one makes about how spontaneous Knox's statements were, regardless of coersion.