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Continuation Part 4: Discussion of the Amanda Knox/Raffaele Sollecito case

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You don't see it while I see it perfectly. It belongs to Amanda's account she made herself, she said she had a sort of hysterical breakdown.
I probably don't agree quite with the word "scream", because we are more likely talking about "wailing", a person crying loudly and theatrically.
But it is also a scene vividly described by Anna Donnino: the scene is clear, there is no mystery about it. The fact is, that Knox is what Lumumba says: an actress. The purpose of a "screaming" is to stage an emotional loss of control, play a state of alteration and confusion, in order to appear credible as she is about to change completely tune and script.
Staging an emotional or physical altered condition is something people who feel under intense threat sometimes do. Guilty people do it under interrogation. A few days ago guy did it while he and his family were threatned and kidnapped during a robbery. Is a desperate attempt to manipulate the ones who are cornering them.
Machiavelli.... wow. You may see it perfectly, but you still cannot just make things up.

At one point people accused Knox and Sollecito of staging a break-in. Now you are, quite uniquely against a fair bit of evidence, but also most certainly with no supporting evidence, saying.....

.... that you see clearly (ooops, you said "perfectly" - apologies) that she staged, "an emotional or physical altered condition."

I am confused. I thought the videotapes had not been released yet. Don't worry, they will be. And when they are, I am sure that the Academy of Motion Picture Arts and Sciences will back you up.

People who believe in Amanda Knox's guilt used to cite evidence, as flimsey as that was way-back-when.

Now they simply make things up. Wow. If I hadn't read it on black and white I would not have believed it.
 
I had never heard of this case, but a quick search turns up accounts that seem to indicate pretty clearly that this guy was browbeaten into a false confession without a lawyer for killing his daughter while two other daughters were asleep in their house, and convicted even after DNA from a known break-in artist was found at the scene:
http://www.wcnc.com/news/local/Innocent-behind-bars-93143179.html
http://www.billywaynecope.net/index.html
http://www.msnbc.msn.com/id/38060491/ns/dateline_nbc-crime_reports/t/mystery-rock-hill/

Perhaps not surprisingly, the prosecutor's office (or someone connected with it) has created a web site contending that he's guilty.
http://www.billywaynecope.com/

So does this guy have any chance of getting out of prison? Or at least getting a new trial?

I'd say his situation is bleak. His best shot is probably the governor's office. The cops got him to confess on videotape and re-enact how he supposedly committed the murder. A jury looks at that and thinks, no innocent person would ever do that. And indeed, it boggles my mind that someone would.

But, semen matching someone else was found at the crime scene, after Cope confessed, and Cope never mentioned an accomplice...

It's like the Norfolk Four, where the first guy confesses with no accomplice, second guy confesses with the first guy as accomplice, third guy confesses with the first two as accomplices, fourth guy confesses with the other three as accomplices... and the semen matches a completely different guy.

Of course, for the prosecutor, it's simple: they're all guilty, because innocent people don't confess. Everyone knows that! Only woos and soft-on-crime liberals think otherwise...
 
Machiavelli - first and foremost a thanks that this conversation is proceeding without the usual rancor that characterizes such exchanges. I hope I am holding up my part of that - you are conducting yourself fairly, even as I strongly disagree with the points you are making.

You may be feeling the same exasperation as I, once we concede we are dealing wtih content only.

Now on with the show. I think we are saying the absolute opposite of just about everything. Whatever it is that Hellmann, for instance, is finding Knox culpable of, your insistence of generalizing the term "liar" out of what Hellmann is saying is not justified. Have you read what he says? He basically says she "buckled" as one of the early interrogators said. People who "buckle" under the strain fo interrogation, and then relatively quickly go back to (and stay at for the next four years) their story cannot be said to be habitual liars.

And why this one "buckling" turns into a "bucket full" to me reveals the prejudice involved. But that's just me.

I hope you make your point again, just so that others can see how you construct arguments.

Also, I am grateful that you concede that there can be such a list of lies made from your point of view, but that you do not do it for fear of "arming the enemy." Clearly, you rgard me as such, not a free inquirer, but someone to be regarded as "enemy."

"Of what?" I am not clear.

I also thought that the job of those who were claiming guilt was precisely to make "full disclosure" of their reasons for guilt, so that someone so accused could make a full and vigourous defence. This is so that someone could not be said to have been found guilty "by ambush", and thus the veracity of guilt is additionally butressed by the fact that full disclosure had been made and been unable to be overcome.

That the style of your argument precludes this, says all I need to hear.

It is not jut my belief that it is "all the lies" is what is core to what PGP people believe, it is actually the ONLY consistent thing I hear from all of them. It makes it all the more incredible that no one (save for Harry Rag with an old list) volunteers to make such a list as what should be, to them, obvious. I don't know why you would NOT want to include even an enemy in on what should be obvious rather than some secret strategy.....

Strangley I agree with you on your definition of "spontaneous", that it is not an emotionally "spontaneous" thing, but that it is something that is revealed outside of a leading-interrogation. On this, Mignini in his CNN interview clearly, himself, lies when he says he was (in the 1:45 to 5:45 interrogation, which was nothing other than an interrogation by his own admission, he - in the CNN interview - admits to even quoting the relevant law to the 10 pm to 1:45 am crew!) - says he was "acting as only a notary, taking Knox's voluntary admissions," when he specifical told the first bunch she now needed a lawyer!

Mignini is caught in a lie - says it to CNN, and it is translated by the PGP bunch led by Peggy Ganong.... so one cannot exactly say it was deliberately mistranslated!

But if we are to discount the alleged unlisted lies, what remains for you is as you say, "But for example, the autopsy report and the physical scene, to me is another damning piece of evidence. The evidence contains many points, is long and articulate, and crushing."

If that is what is crushing for you, the autopsy and the physical scene, there is absolutely nothing there that is is remotely damning of either Knox or Sollecito... they claimed a footprint for Sollecito in Meredith's room, as well as a Knox thumbprint on Meredith's neck, and when those disappeared, they had to go back 47 days after the murder to get something, ANYTHING.... and that stuff they got collapsed with the C&V report.

But then you don't believe the C&V report.

You believe in mixed blood in the bathroom. Wow. I invite anyone who doesn't know the difference between both Massei's and Hellmann's stand on this, as opposed to the damning fantasy Machiavelli is claiming (against the evidence) to look into this themselves. It's incredible that ANYONE would try to get away with constructing a guilt scenerio based on mixed blood!?

Anyway, thanks for the back and forth here. Thanks for keeping it civil.
 
I expect we shall hear Amanda's account in her slander trial ( which arises from one of the writs flung out like confetti by Mignini.
1 I don't see why, if she were guilty, she would be screaming. I have sat in on police interviews and never heard the accused scream. Anyway, we agree she was screaming, suggesting distress.
2 she had already spent many hours at the Questura since 02/11/2007 and was exhausted. The police counted on taking advantage of this exhaustion by scheduling a 12 man tag-team to be on hand throughout the night.
3 let's see the custody record, which ought to detail refreshments provided, including breaks for rest, themselves including comfort breaks
4 I disagree. To suggest, in effect, that it makes no difference to the outcome whether a person entilted to a lawyer is provided with one is to denude the relevant law of any meaning. A lawyer would have advised against co-operating with police suggestions that she should try to 'imagine' what happened, would have insisted on rest and refreshment and on proper recording. Had that happened, Mignini would have had no case at all. Your own supreme court ruled the statements unusable for breach of the important right to legal counsel and I am shocked that, as a lawyer yourself (if I understand correctly) you would argue otherwise.
5 I refer you to my comparison of the 1.45 and 5.45 statements upthread. I would be interested on your comments on the evolution of what she said in those four hours. For instance, how came it about that at 1.45 Lumumba was a frequent and welcome visitor to the apartment but by 5.45 all reference to these visits has gone and now Amanda is afraid of him. Neither is true, of course, but what do you think prompted Amanda to advance these inconsistent accounts?

Of course, until we hear (or see) the tapes, we cannot know what they show. We have to content ourselves, for the time being, with drawing reasonable inferences from their suppression by those responsible for making and preserving the evidence they contain.

And others probably have greater knowledge than me, but Mignini certainly seems to be more than trigger-happy with proceedings against those who dare to criticise this corrupt prosecution, including The West Seattle Herald, Frank Sfarzo, Amanda herself and her parents.

Mignini filed charges against Luca Maori and Luciano Ghirga...he and his clowns think everybody forgot everything. He is wrong!
 
But it is also a scene vividly described by Anna Donnino: the scene is clear, there is no mystery about it. The fact is, that Knox is what Lumumba says: an actress."

This is not a fact, but your interpretation based on speculation of what actually happened.


No Tom Lumumba actually said this. He claims that Amanda is an actress ...you can find it in a Daily Mail interview he gave and which they still stand by since they haven't retracted a word in years...read on...after Lumumba calls Knox an actress he also describes his beating and treatment during his interrogation also on Nov 6th 2007. Also notable is the fact that 3 people that day were denied their right to have an attorney present...hey maybe they forgot the one ...but 3? And isnt it funny that he tells the same about beating and name calling and no food or water...AND BEATING!

Mr Lumumba has not taken the stand to be cross examined yet...I expect that to happen when the SC returns the calunnia for retrial. Or if in their wisdom they fail to do this then I expect a counter suit of calunnia will be brought against Lumumba and the police as well...after all we have their lies available in the court transcript as well as the public interviews given by most of the protagonists. No matter what Mach claims we can show the lies of Mignini and Stefanoni and we dont really need the tapes to prove the truth about the interrogation...we have Giobbi...:-)

http://www.dailymail.co.uk/news/art...-Lumumba-reveals-framed-Merediths-murder.html

Unfortunately, although the Perugian police kept copious records of tapped telephone conversations before and after this interrogation (for which they had sufficient funds, and which never provided any incriminating evidence), although they had sufficient funds to finance a fanciful video recreation of the crime (some $150,000.00!), they claim they lacked the funds to record this particular, crucial interview.

Just a few corrections...the Perugia police collected 30 thousand plus wire tapped phone calls...imagine the cost...and the result was zip. The Mignini cartoon cost 187 thousand euros!!! It was illegal and unprofessional and the judge should not have allowed such prejudicial cartoons and unfounded speculations into a civilized courtroom yet he did despite no supporting evidence to indicate any of it was based on any truth in the case.
It was Mignini who lied in a public interview and claimed that budget constraints were the reason for the "non" recording. In light of what we know now that is clearly a lie...so what else does he lie about? Or Stefanoni...we know she lied about the control data sheets that relate to area b of the so called "double dna knife".

Its disappointing that no guilter takes on Bill Williams challenge to simply list supposed lies of Knox. I can easily list a huge number prosecution and police lies.

Finally Mach...I was wondering which autopsy report you refer to? Is it Lallis, the doctor that Mignini fired? Or some other report? Rudy told us when MK died...9:00 -9:30 . Whats your determination of the TOD and what do you base it on?
 
Machiavelli.... wow. You may see it perfectly, but you still cannot just make things up.

At one point people accused Knox and Sollecito of staging a break-in. Now you are, quite uniquely against a fair bit of evidence, but also most certainly with no supporting evidence, saying.....

.... that you see clearly (ooops, you said "perfectly" - apologies) that she staged, "an emotional or physical altered condition."

I am confused. I thought the videotapes had not been released yet. Don't worry, they will be. And when they are, I am sure that the Academy of Motion Picture Arts and Sciences will back you up.

People who believe in Amanda Knox's guilt used to cite evidence, as flimsey as that was way-back-when.

Now they simply make things up. Wow. If I hadn't read it on black and white I would not have believed it.

Wellsir, indeed. Bill, at least he starts his list of lies out with a whopper fantasy, that the scream was a lie.
 
You don't see it while I see it perfectly. It belongs to Amanda's account she made herself, she said she had a sort of hysterical breakdown.
I probably don't agree quite with the word "scream", because we are more likely talking about "wailing", a person crying loudly and theatrically.

Well, if we had the tapes your agreement or otherwise to what you seemed to agree before would be immaterial. Giobbi described it as screaming.

But it is also a scene vividly described by Anna Donnino: the scene is clear, there is no mystery about it. The fact is, that Knox is what Lumumba says: an actress. The purpose of a "screaming" is to stage an emotional loss of control, play a state of alteration and confusion, in order to appear credible as she is about to change completely tune and script.
There it is again - Amanda Knox is an actress. The guilters' all-purpose, no escape weapon whenever there is any behaviour which points to innocence, such as acquiring popularity at Capanne. So, this 'fact' of yours. Upon what is it based? How come this 'actress' failed to disport herself in court to her own advantage but instead turned up in Beatles T-shirts and had the temerity to exchange chocolates with Raffaele and smile at her family? At those times, I assume, she was letting her guard down. So, she's an actress when it suits your narrative but one who constantly reveals her true nature at her times (when her liberty is at stake and the eyes of the whole world are watching her every move). It's a book she's bringing out, not a starring role in a Hollywood movie.

I do not believe Anna Donnino who was, at the very least, unprofessional in joining in the interrogation instead of doing her job as an interpreter.

Staging an emotional or physical altered condition is something people who feel under intense threat sometimes do. Guilty people do it under interrogation. A few days ago guy did it while he and his family were threatned and kidnapped during a robbery. Is a desperate attempt to manipulate the ones who are cornering them.
So Amanda withstood the pressure until the early hours of the morning, then screamed and then staged a manipulative scene 'in a desperate' attempt to manipulate. That hardly does her justice, does it? The 'attempt' was completely successful as it sent the keystone cops off to arrest Lumumba and to pronounce the case closed. This, without any attempt to check Lumumba's alibi and not a single shred of forensic evidence. Lumumba was beaten by the same police who interrogated Amanda. Is he lying? No. So the police who interrogated Amanda Knox are violent thugs, criminals actually, and stupid ones at that while she is a young person of previous good character. A cock and bull story is advanced that, due to lack of funds, the interrogation was not recorded. This is a lie. Why would they lie? Presuambly to hide their embarrassment at being manipulated by the consummate actress Knox.



Inconsistent and unsupported claim. Knox had attended classes and was doing her homework that night, shich she described as "very difficult", still at around 10:00 pm. Then she was making cartwheels and stretches.
A person who is exhausted does not do homework, and is not still studying at 10:00 pm; and doesn't relax doing cartwheels and physical exercise. An exhausted person doesn't take classes at all (which don't even belong to her university course).
In fact Amanda had not been summoned to the police station, she had no need to be there, an exhaused person, who is not forced to do so, does not walk to the police station and stay there hours with no need. An exhausted person deprived of sleep would stay at home and go to sleep.
Any claim of deprivation of sleep and exhaustion requires some evidence, and the facts as you see are just evidence of the opposite.
All of us become tired at night, whatever has happened in the previous days. In fact, Amanda will have experienced deep trauma and shock in the days preceding her interrogation and she had spent many hours at the Questura. The police know what they are about when they set up a 12-man team to conduct an all-night interrogation (a point I repeat as you have chosen to ignore it). Anyway, your position is clear - she was not exhausted and made her two completely meaningless statements, not merely voluntarily but as part of a cynical manipulative ploy to deceive the police into believing that Patrick Lumumba murdered Medith Kercher.



This is again absurd. There is nobody who "oughts" anything. There is nothing more to prove. The witness accounts are clear and her own account was not disproving them. Breaks for rest, confort rests? (?!) What are you talking about? Knox's interrogation was over at 01:45.
Again, to make any claim of denial of foor or brakes, it is those who make this claim who have a burden of proof, or at least bring evidence. Here we didn't even have a claim!
I am an English solicitor. I know my system, not the Italian one. Here, by statute, we have a custody officer who is required to maintain a record of relevant events occurring during detention, including frequency and duration of breaks, provision of refreshments etc. length and timing of interrogation. How about Italy? You tell us. Why would the burden be on the suspect? She doesn't have a notebook to record these events and will be preoccupied with the more pressing matter of addressing the questions and allegations being put to her. You seem to believe the police can treat suspects harshly, supress recordings, deny them legal representation and that the burden should still be on suspect to prove misconduct. Since these officers are known to be violent thugs (Lumumba says so) and for other reasons also, the burden should be on them, as in any civilised and properly balanced system.


But you are mixing up things.
Knox was not just "entitled to a lawyer". She became entitled to a lawyer at 01:45, but the lawyer shoudl protect her as a suspect, not as a witness. After thet, she was not asked at all to "imagine" what happened (even before, she was asked about information she knew).
She released a stetement that might be inadmissible against her as a suspect. But this does not allow her to be shielded if she tells the false as a witness. She did not accuse herself alone, she accused another person. She acted as a witness. And this is a point.
She released a false witness report and there is no claim about the lack of lawyer that can change or nullify this. This will remain, cannot be explain by poin 4 in terms of legitimacy, this is something different and requires its own explanation.
She was entitled to a lawyer when she walked into the room because the police already suspected her. That's why they lined up a 12-man tag team to interrogate her through the night until they broke her. Again, let's hear the tape so we can see the precise point at which the questioning crossed the line. Who has the tape? Who has a reason for withholding it?



In 01:45 Lumumba is not referred to as a "frequent" visitor.
The English translation says he had 'frequented(if occasionally)' the apartment. In fact he had never been there. The 5.45 statement does not repeat this claim but replaces it with another falsehood, that Amanda was afraid of Patrick. Try as I might, I cannot see the purpose of these demonstrable lies, from Amanda's point of view. On the other hand, i can see very well how the evolution of her statements will have suited the crackpot theorising of Mignini.

What I think is Knox changed her strategy with her "crisis" during the 01:45 interrogation, and consequently she adjusted her scenario building it in steps. She realizes the police thinks she was protecting the murderer; she realizes that, since now her goal is to be believed playing the part of a witness, since she witnessed the murder they would need an explanation for why she didn't talk before. Her account can't stand without providin this and other explanations. This is why she decides to release a further spontatìneous statement. So why didn't she talk before? Because she is very afraid of Patrick. It's a new element, functional to repair the holes and bolster her new version.
But she is not afraid of Patrick and Patrick was not involved in the murder at all. What is this strategy, which puts her at the scene of the crime without Raffaele (at 1.45 but maybe with him at 5.45) and without Guede but with someone who (if she were guilty) she knew was not there? This just implicates herself and condemns her as an inveterate liar as well. She was not exhausted (you say) was well refreshed (you say) and had four hours to think things over and comes up with this? Why not say: 'I confusedly remember Raffaele killed her?' especially since Raffaele had ratted on her by withdrawing her alibi?




Actually, you first should prove they existed and that there was any suppression, and you also shall know what legally "evidence" means: police tapes of this kind are not admissible in court.
The Italian police tape everything that moves. Of course the tapes exist. May I have a reference for your claim that the tapes are not admissible? With all due respect, I don't accept that as it makes no sense.

In fact, in my limited experince with police interrogation videos, I realized that they are often not conclusive at all. I recall two videos, one was a police video in which the confession appeared sincere and uncoerced, but it was coerced. Another one was a prosecution interrogation in which the witness appeared coerced, the prosecutor was blackmailing and threatning, but the testimony was not coerced. It is often not possible to infer coercion by a video, for multiple reasons, among them that coercion is a subjective condition.
It is not the event but subsequent the claims and accounts of the witnesses, what allows to see the diference. In these two cases, their subsequent claims were the determinant thing to understand what was coerced and what was not. The consistence and credibility of claims makes the difference.
Conclusive or not, it would be fun to see/hear them. Then we could make up our own minds rather than leaving it to the likes of Donnino and the police thugs to tell us.
 
Actually, you first should prove they existed and that there was any suppression, and you also shall know what legally "evidence" means: police tapes of this kind are not admissible in court.

The Italian police tape everything that moves. Of course the tapes exist. May I have a reference for your claim that the tapes are not admissible? With all due respect, I don't accept that as it makes no sense.


What we are getting is half truth's. The tapes, the interrogation itself, is not admissible in court... as evidence against Amanda or any co-accused.

But where are the tapes?! They are safe. The tapes are where they must so that Frank can openly discuss their existence without fear. A prosecutor in this case reaches across international borders to shut down a blog but that prosecutor cannot reach these tapes. The prosecutor that destroys lives cannot destroy these tapes. They are safe.
 
What I think is Knox changed her strategy with her "crisis" during the 01:45 interrogation, and consequently she adjusted her scenario building it in steps. She realizes the police thinks she was protecting the murderer; she realizes that, since now her goal is to be believed playing the part of a witness, since she witnessed the murder they would need an explanation for why she didn't talk before. Her account can't stand without providin this and other explanations. This is why she decides to release a further spontatìneous statement.

How about this - she was looking ahead to her book deal, realizing she could never hope for big bucks unless she got herself into a world-class jam.

Thank god I'm gonna have a global PR machine, she murmured as she applied her signature to the damning parchment...
 
Wellsir, indeed. Bill, at least he starts his list of lies out with a whopper fantasy, that the scream was a lie.

Well, perhaps there are lies on both sides, along with confirmation bias, which has the truth residing somewhere in between.

The language barrier, difficulties in translation, events which get confused in time or detail and lack of knowledge of the penal code/Italian justice system do not make it an easy task for many to find the truth.

There is a manipulation of justice in recent times, not all bad, however, sometime this manipulation has as its goal to obscure and confuse the truth. People want a bad person to lay the blame on but sometimes there is no bad person. It is just how things play out.

As for the tape(s), I will have to search the code but I do believe they are not admissible in the criminal case, which I am in agreement with. A confession, partial or whole, would be terribly prejudicial to a defendant. Italy justice is correct on this point.

Maybe the tape(s) will be allowed to be viewed during Amanda's calunnia trial(?). I would think this would not happen (if it can indeed happen) until after the high court ruling.
 
The interrogation was coerced and that was obvious from the day it was announced. The "spontaneous" is just boilerplate. I questioned the statement immediately as did many following in the first few days. It became more clear within days when the Swiss professor came forward with Patrick's alibi. Mignin's interview may provide cover for someone that believed she was guilty of calunnia for far too long, but it was only adding an exclamation mark.

The PG .net people are currently cracking the case wide open with their bank statement analysis. One particularly incisive point is that making a deposit into her account would be so difficult, wiring to Italy, no one would forget it. However, it was a US bank so a deposit could be made by phone, the internet or at the local branch. Another stroke is that she was going broke because the $4K+ balance would be used up just by 12 more months of rent. This ignores that the plan would have had her leaving Perugia after school ended which would be no later than June IIRC. It brings tears to the eye to think the PGP think that something as obvious as money deposits could be missed by the ILE yet they trust them with everything else.

One aspect of this whole escapade that irritates are people that make claims they can't back up. Whether that's PGP with their "sources" or PIP making various claims of what will be happening that they really have no idea about.
 
What we are getting is half truth's. The tapes, the interrogation itself, is not admissible in court... as evidence against Amanda or any co-accused.

But where are the tapes?! They are safe. The tapes are where they must so that Frank can openly discuss their existence without fear. A prosecutor in this case reaches across international borders to shut down a blog but that prosecutor cannot reach these tapes. The prosecutor that destroys lives cannot destroy these tapes. They are safe.
What we get from Machiavelli is a lawyer's argument:
1 the tapes do not exist, alternatively
2 if they exist they will not be conclusive, alternatively
3 if conclusive they are not admissible

If all he is saying is they are inadmissible in the murder case, then he is not saying much, only that they are not admissible against Amanda Knox. That does not mean they are not or should not be admissible against the thugs police.
 
Well, perhaps there are lies on both sides, along with confirmation bias, which has the truth residing somewhere in between.

The language barrier, difficulties in translation, events which get confused in time or detail and lack of knowledge of the penal code/Italian justice system do not make it an easy task for many to find the truth.

There is a manipulation of justice in recent times, not all bad, however, sometime this manipulation has as its goal to obscure and confuse the truth. People want a bad person to lay the blame on but sometimes there is no bad person. It is just how things play out.

As for the tape(s), I will have to search the code but I do believe they are not admissible in the criminal case, which I am in agreement with. A confession, partial or whole, would be terribly prejudicial to a defendant. Italy justice is correct on this point.

Maybe the tape(s) will be allowed to be viewed during Amanda's calunnia trial(?). I would think this would not happen (if it can indeed happen) until after the high court ruling.
There is a concept may be unaware of Christianahannah concerning admissibility. Evidence is generally inadmissible for the purpose of proving some particular fact, not inadmissible per se. If the 'confessions' are inadmissible for the purpose of proving Amanda Knox murdered Meredith Kercher that does not mean they are inadmissible for all purposes. Indeed, they were ruled to be admissible in proving the callunia charge against Patrick Lumumba, which makes the point clear.

So, tapes of the interrogation would not, absent some special rule which I trust Machiavelli is right now looking up for us, be inadmissible in the slander prosecution against Amanda for the purpose of proving that the police struck Amanda repeatedly when interrogating her nor for the purpose of falsifying her claim.

Sorry if you are already aware of this.

Given that it's the police who are sitting on them and claiming they don't exist, which way do you think they would point, assuming they do, in fact, exist?

This is not six of one and half a dozen of the other, with respect. We are discussing a recording of an incident entirely stage-managed and controlled by the police.
 
As for the tape(s), I will have to search the code but I do believe they are not admissible in the criminal case, which I am in agreement with. A confession, partial or whole, would be terribly prejudicial to a defendant. Italy justice is correct on this point.

Maybe the tape(s) will be allowed to be viewed during Amanda's calunnia trial(?). I would think this would not happen (if it can indeed happen) until after the high court ruling.
The real issue is, would they be admissible in criminal proceedings against some of the interrogators! AngloLawyer brought this up, and that is the point here.

At the risk of arguing with those PIP who claim the issue is coersion at interrogation, the issue is NOT coersion. It is the spontaneity of the statements made.

When the tapes come forward, the spontaneity of the way the interrogators introduced material into the interrogation will be for all to see. You see, it is, as Mignini knew when he came into the room after 1:45 am, the "spontaneity" of the declaratioins which are and always have been the issue. NOT the coersion. (Coersion is fair game. Ok, ok, not DIck Cheney-style, but this is not the serving of Chamomile tea we're talking about here... this is a gloves-off INTERROGATION!)

So as A.L. notes, the tapes will be admissible. Timing is everything, friends, timing is everything.
 
How about this - she was looking ahead to her book deal, realizing she could never hope for big bucks unless she got herself into a world-class jam.

Thank god I'm gonna have a global PR machine, she murmured as she applied her signature to the damning parchment...
After having reviewed the tapes, I see that Knox had anticipated this... when the 5:45 am document was put before her, she insisted on the word "spontaneously" be put at the beginning of the document. The one prepared for her by Mignini (acting "only as a notary") had neglected that important fact.

The tape reveals Knox looking up at Mignini, and saying:

If it's just the same with you, could we put the word "spontaneously" in there? I know you had to beat the confession out of me, but if we can just back up a bit and say it was spontaneous, that will be worth an extra $1M with HarperCollins. I know: I checked their webpage before coming to the Questura with Raffaele this evening....
 
There is a concept may be unaware of Christianahannah concerning admissibility. Evidence is generally inadmissible for the purpose of proving some particular fact, not inadmissible per se. If the 'confessions' are inadmissible for the purpose of proving Amanda Knox murdered Meredith Kercher that does not mean they are inadmissible for all purposes. Indeed, they were ruled to be admissible in proving the callunia charge against Patrick Lumumba, which makes the point clear.

Sure that was true, however, what is admissible for a civil trial may be different for what is admissible for a criminal trial - even in Italy.

So, tapes of the interrogation would not, absent some special rule which I trust Machiavelli is right now looking up for us, be inadmissible in the slander prosecution against Amanda for the purpose of proving that the police struck Amanda repeatedly when interrogating her nor for the purpose of falsifying her claim.

What you have written may well be true (or may not be). If the tape(s) exist they may well not be able to be used by the police under any circumstance. They may be able to be used by Amanda (or a defendant) in a civil trial (though I am not certain if the calunnia trial is considered a civil trial).

Sorry if you are already aware of this.
No need to be sorry. The criminal code is extensive. Trying to find what one is looking for can be tiring and at times a futile endeavor.

Given that it's the police who are sitting on them and claiming they don't exist, which way do you think they would point, assuming they do, in fact, exist?

I am not so sure that the police have claimed (the tape(s) don't exist). But if the tape(s) do exist I would have to review the rules concerning their release by authorities and then view the tape(s) before I could offer an opinion. I would hope that if the tape(s) are of help to a defendant they would be able to be released on their behalf.

This is not six of one and half a dozen of the other, with respect. We are discussing a recording of an incident entirely stage-managed and controlled by the police.

And this may be why a written confession or a taped confession is not considered admissible in a criminal trial in Italy and rightly so.
 
I have asked this before, and no one seems to know for sure: If Amanda, before her first meeting with the cops or at any time during her interrogation, had announced, "I am an American citizen. I refuse to answer questions. I demand that you contact my embassy," what would have been the likely consequence? I certainly have no doubt that Amanda is innocent, and I've read about the psychology behind false confessions, but I continue to have trouble understanding how a college-educated American who grew up on "Law & Order," "CSI" etc. could have fallen into the cops' trap, especially in a foreign country where she didn't understand the language or the law. I'd be calling the embassy if I got a parking ticket abroad. Did the cops have anything to use against her other than her own tangled words?
 
Coercion is the issue. Spontaneity used in the statement is merely form. It's the same as writing "being of sound mind" in a will.

It's like the suspect situation. She clearly was a suspect in common parlance but not in a technical Italian legal sense as she hadn't been thus designated nor did they have the evidence to make her such and arrest her. By signing it she is in fact agreeing to what it said - yes her Italian is weak - but it'd like signing a document saying you are of sound mind. Maybe you are, maybe you're not.

Statements (and recordings) are not admissible against a person for the crime being investigated but can be used, as we've seen, for the charge of calunnia, which makes total sense. In the Italian system there are no Miranda warnings and one isn't entitled to a lawyer, but unlike the US they can't use the information gained in these interrogations.

I'm very skeptical that the recordings will come out, even if Frank believes so. Given the sieve like container the PLE is, it would be a miracle that someone wouldn't have slipped it out by now.

This is like Mach claiming he has information that would help the defense regarding the lies. Really? I don't buy that and don't buy that someone that has been posting for a few months has the inside information that the recordings will come out. I'm quite sure that the police suing would be aware if a recording existed and would just be letting this drop. I'd be happy to be wrong.
 
I have asked this before, and no one seems to know for sure: If Amanda, before her first meeting with the cops or at any time during her interrogation, had announced, "I am an American citizen. I refuse to answer questions. I demand that you contact my embassy," what would have been the likely consequence? I certainly have no doubt that Amanda is innocent, and I've read about the psychology behind false confessions, but I continue to have trouble understanding how a college-educated American who grew up on "Law & Order," "CSI" etc. could have fallen into the cops' trap, especially in a foreign country where she didn't understand the language or the law. I'd be calling the embassy if I got a parking ticket abroad. Did the cops have anything to use against her other than her own tangled words?

Doubt that would preclude the police from moving forward with questioning.

Agree with your other assessment.
 
I have asked this before, and no one seems to know for sure: If Amanda, before her first meeting with the cops or at any time during her interrogation, had announced, "I am an American citizen. I refuse to answer questions. I demand that you contact my embassy," what would have been the likely consequence? I certainly have no doubt that Amanda is innocent, and I've read about the psychology behind false confessions, but I continue to have trouble understanding how a college-educated American who grew up on "Law & Order," "CSI" etc. could have fallen into the cops' trap, especially in a foreign country where she didn't understand the language or the law. I'd be calling the embassy if I got a parking ticket abroad. Did the cops have anything to use against her other than her own tangled words?
My best guess, and it is only a guess, is that she was doing exactly what she said she was doing - trying to help the police with the murder of her friend. She answered questions honestly, save for one. She answered questions about "Shaky" and everyone else, but fudged on the question about Meredith and the latter's sex life and drug habits, making Meredith seem more "non-involved" in those things than she actually was.

Everyone is trying to protect Meredith, even Knox?

Knox saw no need to go to the embassy because to her she was not a suspect. Even when the police said that they knew Lumumba was involved and showed her her own SMS text message, and even when she confusedly remembered things.... even then, I'm sure she did not know she was suspected of anything, just helping police. It's not until (ironically in Follain's book) the morning of Nov 6 when she's already signed two statements, that the penny drops: "You used me!"

She then writes the third Memorandum, the gift.....

Yes, Amanda was raised on CSI, but she also danced to a different drummer, even by Seattle standards. I know many many people like her.

If they were thrown into a pile of crap, they'd say, "There must be a pony in here somewhere!"
 
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