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

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Incidentally, it is Hellmann’s reasoning on issues like Meredith’s phone calls, that is plain nonsense, and should be nullified because of its inconsistency (according to him, the assailant at around 21:00 was trying to switch off an Erickson mobile phone – with a big “off” toggle on the top - which was still onat 22.13 and was still on even when it was found: just an example of the kind of opinion that the Supreme Court has to throw out on grounds of inconsistency).


How do you know there is an off switch on top of the Erickson phone? Have you looked at this phone? Did you download the users manual from the internet? You are projecting Rudy into your shoes instead of projecting yourself into Rudy's shoes. How is Rudy to see that power button in the dark park outside the city walls? How is he going to download the instructions when he probably doesn't know the make and model of the phone and the only Internet connection is through this phone that he doesn't know how to use.

Rudy is a burglar. He is outside on a cold November night. He probably has his gloves on, if not for the cold then to cover up the blood on his hands. In these conditions he wouldn't even be able to feel that there was any switch on the top.

If you we're handed cell phones you had never seen before, while wearing gloves and in the dark, how many would you successfully be able to turn off without initiating a connection? Rudy got one for two. I'd say he did well.
 
Here's what you wrote: "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."

Here's what Frank wrote: "I’ve got information, by the way, that the tapes still exist. It’s impossible, but it would be wonderful if the Supreme Court would confirm the slander conviction, and then maybe the tapes come out…"


So I'm curious as to how you know that the tapes (recordings) will be released as I don't see where Frank or anybody else in the know said that.

And what's a onsey?

As someone you may have had in mind when criticising PIPs for purporting to know that which they know not, may I first apologise and plead, in mitigation, firstly, relative newness to these surroundings and secondly an erroneous assumption about what others know (e.g. about what Frank may have written).

However, Grinder, with all due respect, I think it's a bit tough to read what Bill said as more than a statement infused with at least as much hope as actual foreknowledge.

Anyway, my card has been well marked. Thanks.
 
I think it's impossible for Pascali to have attended DNA tests and followed the case at the preliminary investigation, because at the time of Stafanoni's tests and during the preliminary investigation Pascali was not yet a consultant for the defence. The request of Pascali is at the closure of the preliminary investigation seven month after the investigation begun.

Moreover, and above all, the point is that issues about total discovery do not imply that the evidence doesn't exist, that the prosecution's expert lies or is discredited, and that the suspect is innocent. Failures in providing total discovery do not equate to maintain that the evidence dosen't exist, that is fabricated or that experts and prosecutors are corrupt. Violations in procedures and issues or controversies about the defence's rights, do not cause the nullification of the evidence nor the disappearence of Stefanoni's and prosecution's credibility.
Let's not underestimate the importance of procedural propriety. Rules about disclosure, admissibility etc exist for good reason, invariably to prevent or avoid injustice.

Those who, like Stefanoni, Mignini and Comodi, are accustomed to the business of the courts and therefore well aware of these rules, should expect to be called to account. Contrary to what you say, 'violations in procedures' do sometimes cause the nullification of the evidence. This is what happened with Amanda's 'spontaneous' statements after all.
 
A quick google search on Erickson phones demonstrates that there is no 'big' off toggle as a intrinsic feature of their phone range.

Off switches are, variously:

part of the front keypad,
a small/tiny button sitting flush on the lower right edging,
a small/tiny button sitting flush on the top edging, both left or right side,
an oblong button located top middle in the edging.

None appear to act as toggle switches. A full persistant depress is required.
 
There is another possible reason - that they did not know enough and did not want the statements riddled with errors. This is my preferred theory in fact.

So your theory is the Perugian Police got Amanda to agree to those elements they felt they were sure of--Lumumba was involved--wrote the statement in Italian, translated it into English, and then got her to sign it? That would explain why Amanda's statements seem to speak in two different, contradictory voices: one in which she imagines she was witness, the other in which she says she was home with Sollecito.
 
Some remarks to Machiavelli's posts

About reopening of the debate regarding DNA:

Hellman lacks of any motivation. To do something legitimate he should have written in his instance requesting new evidence something like “I distrust this finding specifically of Stefanoni because of this specific reason”.

Hellmann:

Furthermore, in the case in question, the defence consultants during the first stage trial criticized the evidence collection [refertazione] and testing activities performed by the Scientific Police both in terms of method and results, based on arguments worthy of particular regard due to their depth and their inception in professors and technicians of unquestioned respect: as a result, the completion of a court-ordered expert review in order to determine the existence [or otherwise] of the aforementioned circumstantial elements appeared, to this Court, to be indispensable.

I think this is going to be specific enough for the Supreme Court. He distrust "Dr" Stefanoni because real doctors and professors distrust her and gave arguments for that distrust.

The prosecution wanted the new DNA result detected by Vecchiotti to be tested and the profile extracted, as Novelli suggested, the judge refused the test. The prosecution requested a bio-statystical expert report to shed light on a question mark left by C&V report in the second part, where talks about alternative interpretations of alleles in Sollecito’s profile, demanding a more precise estimation of probabilities by an expert.

Well, Hellmann decided that what he has already answers the question of tests reliability and existence of DNA evidence. What the prosecution wanted was either unreliable in itself or unnecessary and had no potential of changing the obvious outcome.

Comodi then demanded to allow the negative control as counter evidence (undermining the reliability of Vecchiotti’s method and assumptions), the judge refused this one too.
That was unnecessary, too, since the controls were just one, not very important elements of C-V report. There was a big questionmark about the genuine nature of those unreadable copies coughed up strangely late.


About Stefanoni:

The kitchen knife was already huge news two weeks after the crime.
By the time Stafanoni testified in front of GUP the knife was obviously known to be important. The prosecution knew they have nothing else solid apart from the two DNA items.

Stefanoni lied not only in court, but also in her technical report ( RTIGF). She wrote she quantified the sample with result positive for DNA with PCR. The documentation revealing she used fluorimeter and got "too low" result emerged much later, during the trial, isn't it?

And the question is not about the method used, but the negative result that miraculously turned into positive, both in her report and her testimony.

1) Vecchiotti perfectly knows that in fact Stafanoni “provided” nothing, instead she released what Vecchiotti demanded;
Yet some of the requested items were provided as late as May 2011, after involving the Judge.


2) Vecchiotti stated in a written declaration “we already have all we need”; Comodi later commented “they demanded what was useless, and demanded nothing of what was useful”.
They demanded electropherograms of all the runs, control runs were not among them. If Stefanoni had nothing to hide she would have provided all the graphs and raw data.
They were right in that they had enough to assess reliability already.

3) The negative controls existed, not “possibly” as you say, but for sure, it is proven. The negative controls were presented in the trial (see Galati’s appeal) the court said they were unnecessary, nobody questioned their existence. So Stefanoni got rid of nothing, and your insinuation is offensive.
I don't trust they were real, especially given their very late emergence.

4) the most important, Vecchiotti indeed worded “not provided”, but in fact, after stating “they are not provided” she *assumed* they did not exist. And then she build her argument about contamination on the assumption they did not exist (in fact her argument about the knife rests entirely on this false assumption).
No, they were just a single element among many problems, unable on it's own to turn the overall assessment.

No raw files were provided to the court appointed experts. They just got scans of electropherograms. That they were sent by e-mail doesn't make them raw data. Were the raw files provided, control runs would have been among the data. I'm afraid it was Stefanoni who decided to withheld the controls. Probably for similar reasons she "forgot" about the negative quantification and negative TMB tests before.

The personal animosities would have mattered anything if the report was without merit. Unfortunately the problems indicated by C & V objectively existed. Improper collection, improper testing, no quantification, no proper contamination prevention, no presence of blood or other cells confirmed.
 
How do you know there is an off switch on top of the Erickson phone? Have you looked at this phone? Did you download the users manual from the internet? You are projecting Rudy into your shoes instead of projecting yourself into Rudy's shoes. How is Rudy to see that power button in the dark park outside the city walls?

Interesting coincidence - my girlfriend just gave me her phone to help her swap SIM card. It was an old Ericsson and I couldn't find the off switch - it was flush with the cover and well hidden on top of the phone.
 
Uh oh.

Knowing the M.O. of the prosecution, I think the answer to your question is "no."

BUT, the better question is whether Rudy Guede's defense should have been notified about how the testing and analysis was conducted. I think that the right answer is "of course."

I doubt very much if the quantification result for the rape swab was negative. More likely, the sample contained the victim's DNA in such abundance that it was impossible to pull out a secondary autosomal profile. Hence they looked at the haplotype.

My understanding is that this is not uncommon with rape kits. Chris Halkides may know more.
 
Interesting coincidence - my girlfriend just gave me her phone to help her swap SIM card. It was an old Ericsson and I couldn't find the off switch - it was flush with the cover and well hidden on top of the phone.

The Bard on PMF commented a while ago that she has a very similar phone to Meredith's:

The Bard said:
I have almost that exact same phone! It's really quite hard to turn it off.

The display would also have been in English, of course, making the phone more difficult to navigate for someone who didn't speak it.
 
As someone you may have had in mind when criticising PIPs for purporting to know that which they know not, may I first apologise and plead, in mitigation, firstly, relative newness to these surroundings and secondly an erroneous assumption about what others know (e.g. about what Frank may have written).

However, Grinder, with all due respect, I think it's a bit tough to read what Bill said as more than a statement infused with at least as much hope as actual foreknowledge.

Anyway, my card has been well marked. Thanks.

No I didn't have you in mind - what did you say ;) that makes you think I did hmmmmmm :)

We are all surmising about much of the case and that I have no issue with - I say that when one makes a statement that the tapes will be released by saying "don't worry they will be" it implies real knowledge.

As a US resident please explain "my card has been well marked"

Appreciated your analysis of the missing elements of the "statements" - really it's amazing that those statement weren't torn apart by everyone back when first leaked.
 
A quick google search on Erickson phones demonstrates that there is no 'big' off toggle as a intrinsic feature of their phone range.

Off switches are, variously:

part of the front keypad,
a small/tiny button sitting flush on the lower right edging,
a small/tiny button sitting flush on the top edging, both left or right side,
an oblong button located top middle in the edging.

None appear to act as toggle switches. A full persistant depress is required.

It appears to be this model: Sony Ericsson model K700i. and the on/off seems to be a black button that is located on the top of the phone next to the IrDA port.
 
So your theory is the Perugian Police got Amanda to agree to those elements they felt they were sure of--Lumumba was involved--wrote the statement in Italian, translated it into English, and then got her to sign it? That would explain why Amanda's statements seem to speak in two different, contradictory voices: one in which she imagines she was witness, the other in which she says she was home with Sollecito.

I thought she signed a statement written in Italian.
 
Many of the key samples also yielded a “too low” result on a test or were given with no quantification, for example the male DNA found in Meredith’s genital parts was so low in amount that it was impossible to even extract a profile, a much lower amount compared to the “LCN” threshold claimed elsewhere, the identification of Rudy was made by Stefanoni only by assessing the y-haplotype, and the result was of mere compatibility. Do you think Rudy Guede’s defence was warned about this methodology in the preliminary stage?

You say "many of the key samples" failed quantification. Which ones are they, so I can check the result summary/e-grams and see for myself? So far, I have not found one other sample where she derived an autosomal profile from peaks below 100 RFU. Sample 36-B, from the knife blade, stands alone in that regard.
 
The Bard on PMF commented a while ago that she has a very similar phone to Meredith's:



The display would also have been in English, of course, making the phone more difficult to navigate for someone who didn't speak it.

I think Rudy does speak English though, doesn't he? Was he not reading English newspapers about the crime (and maybe also discussing rugby in the Irish pub with Meredith in English).
 
So your theory is the Perugian Police got Amanda to agree to those elements they felt they were sure of--Lumumba was involved--wrote the statement in Italian, translated it into English, and then got her to sign it? That would explain why Amanda's statements seem to speak in two different, contradictory voices: one in which she imagines she was witness, the other in which she says she was home with Sollecito.

That is what I think, yes. If you track back a few pages in this threadand look at my detailed comparison of the two english translations of the 1.45 and 5.45 statements you will see what I am on about.. I would link to it but I am pretty useless at ultra high tech stuff like that - oh, hang on, maybe this works

http://www.internationalskeptics.com/forums/showpost.php?p=7984881&postcount=1393

For instance, at 1.45 they are quite happy not to have Raffaele involved. He has, after all, just told them that he cannot vouch for Amanda on the night in question. So she was involved and he wasn't. But by 5.45 they are no longer so sure. Maybe it has occurred to them in the meantime that, after all, Raffaele's behaviour on the morning of 02/11/2007 was sufficiently odd to warrant putting him in the frame too. They have the footprint, drug use, knife fetish etc. - and they don't like the arrogant SOB either, so why not?

If you look at what they got her to sign at 5.45 they tack on, right at the end, that she was 'not sure' whether Raffaele was there that evening. In the first statement she is completely clear that RS was not there. She told him a lie and went out to join up with Patrick. In the second that has disappeared and now she is 'not sure'.

Just for the sake of argument, let's assume neither she nor Raffaele murdered Meredith. Where is this weird uncertainty of hers (only concerning Raffaele, but not at all Lumumba) coming from? Imho, it's coming from the police themselves, whom she is merely trying to 'help'. You can imagine the questions, spread over many hours, reinforced by threats, fatigue, an overwhelming desire to end the process:

C'mon, how can you be sure he wasn't there? Maybe he came along after? We know he was there. He just told us anyway, so what's your problem?

Were these statements used to secure a year's detention at the preliminary hearing in front of Matteini? I assume they were. They were certainly broadcast to the world. Therefore, they did their job. Who cares about admissibility? Mignini managed to get them in front of the court by sleight of hand anyway and he secured a conviction so his strategy paid off up as far as Hellmann.

If you turn up your cynicism quotient to the max when reading these excrescences, assuming yours has the special de luxe turbo booster, it all makes perfect sense.
 
No I didn't have you in mind - what did you say ;) that makes you think I did hmmmmmm :)

We are all surmising about much of the case and that I have no issue with - I say that when one makes a statement that the tapes will be released by saying "don't worry they will be" it implies real knowledge.

As a US resident please explain "my card has been well marked"

Appreciated your analysis of the missing elements of the "statements" - really it's amazing that those statement weren't torn apart by everyone back when first leaked.

I was also asked upthread (can't find the post now) to say whether I had a source for something or other I said about the tapes, when I was probably just getting over-excited about Frank's reference to them.

To tell someone you've 'marked their card' means you've figured them out and will be keeping a beady eye on them from now on.

With respect, I still think you read a little too much into what Bill said. There's no bull in Bill.
 
Sorry, to be clear, the two statements of 06/11/2007 were typed out in Italian and signed by Amanda. The English translations on IIP were made by Komponisto IIRC (if it was Teddy/Newcomer apologies to him/her)
 
I think it's impossible for Pascali to have attended DNA tests and followed the case at the preliminary investigation, because at the time of Stafanoni's tests and during the preliminary investigation Pascali was not yet a consultant for the defence. The request of Pascali is at the closure of the preliminary investigation seven month after the investigation begun.

From Stefanoni's Calendar of technical activities:

• Sopralluogo tecnico in Via della Pergola 7, Perugia, (luogo del
ritrovamento della vittima), svolto in data 18 Dicembre 2007
• Inizio Operazioni di laboratorio svolto in data 21 Dicembre 2007
• Presa visione da parte dei CCTT, in data 27 Dicembre 2007, di alcuni
risultati analitici ottenuti a quella data
• Presa visione da parte dei CCTT, in data 10 Gennaio 2008, di alcuni
risultati analitici ottenuti a quella data
• Presa visione da parte dei CCTT, in data 23 Gennaio 2008, di alcuni
risultati analitici ottenuti a quella data
• Presa visione da parte del CT Prof. V. Pascali, in data 25 Gennaio 2008,
di alcuni risultati analitici ottenuti a quella data
 
I thought she signed a statement written in Italian.

What language was the "gift", purportedly a statement she authored herself of her own volition, originally written in? Italian? Then she was a quick study, what with knowing to use the key Italian legal phrase* "I wish to spontaneously report what happened". :)

The 5:45 statement, which I've only seen in English translation from the document submitted into the court files contains the following header:

Date: November 6, 2007, at 5:45 am ....[....] subject [Amanda Knox], who, despite adequately understanding and speaking the Italian language, is assisted by the English-language interpreter Anna Donnino, and who, regarding the death of Meredith Susanna Cara KERCHER, declares as follows...

[highlighting of key phrase]

Anna Donnino later claimed, under oath, in court that she was acting more as a facilitator than as an interpreter in an official capacity.

Truth is, we can't know what language the statement was made in, though given the presence of Anna Donnino acting as a facilitator, and Mignini, acting (as he later was to claim) as a notary, I wouldn't be surprised if, in all the back and forth, a little Italian was included, a little English, some legal boilerplate, some of Anna's suggestions, some police conjecture, some formulaic phrases Mignigni (the notary) required to go ahead an arrest Lumumba, and even some of Amanda Knox's own statements got all mixed up together. It sure reads that way to me. ;)

And then Amanda Knox added her signature...
 
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