Kaosium - I'm really not following you - particularly the bit about how Machiavelli might chime in on this in relation to Rudy having the instigator role, in which Knox and Sollecito 'chose evil' because of comic books and marijuana.
I mean if Machiavelli sees your argument that Massei chose Guede's motive he's likely to know its wrong and contest it, and will actually probably be right, but in
essence you're still correct that Mignini's theory didn't get a whole lot of support, even in Massei's court as even he rejected Mignini's 'hypotheses.'
So, you're going to have to be a far bigger prick, I guess. I don't get the semantic differences you are pointing out.
Massei didn't chose Guede's motive, there was no motive in the case as in Italy that has to go through the SC and it was rejected--again because Mignini introduced a silly one: the comic book and hash one. That didn't meet the tests for proving premeditation, but since it was based on facts i.e. that Raffaele had a manga comic book with sexual violence in it and that they both admitted to smoking hash it could still be the
reason (in the Motivations) they'd killed Meredith, but not a legal motive in Italy which requires better proof for a motive.
"SA"?? As well as I don't know what "SA" is, what is the argument that LJ ran into? I agree with AngloLawyer - LJ never ever received permission to go AWOL. I think the stockade will be too good for him when he slinks back...
SA is SomeAlibi down the bunnyhole. ~Two years ago there was a period where there was a lot of crosstalk between here and the bunnyhole, they wouldn't post here and they wouldn't allow
innocentisti to post there--but each of us wanted to respond to each other's points--and they had decided to make LJ their 'special friend.' He was trying to explain this and SA, who is (or claims to be) a lawyer was having all sorts of fun as LJ had used the
concept of
mens rea to try to explain why what looks like a motive in Massei isn't actually a motive under Italian law, it's just to show a narrative with support in which they've been naughty (or reckless etc) and are deserving of punishment, it isn't actually (technically) a motive under Italian law--even though it looks like one when he writes it.
Indeed, there has yet to be a fact finding court which has bought into Mignini - even the now quashed first appeal's hearing did not buy into it. I wonder that with neither Massei (the convicting judge) also not buying into any of it, how the remaining guilters expect a new Florentine prosecutor to in essence reverse Massei...
I wonder how unusual it is that Matteini, Massei and Hellmann all rejected his theory of the crime in their courts--despite the fact he did change it. It's probably not common but the degree of rarity might be interesting to find out about.
I'm am most definitely hoping the new Florentine judges reverse a lot of Massei's conclusions, thus the chance it might happen the other way on this (relatively) minor issue is not impossible. The verdict is
far more important than what he writes for the motivations on what caused Raffaele and Amanda to be involved, and in once sense the sillier the better as it will make the decision look loonier and might cause some
real outrage that would work to Amanda and Raffaele's benefit.
Barring some completely unexpected admission from Ms. Knox herself in this round of interviews (cf. CNN tonight) what "new evidence" is out there that would cause a new fact finding court to reverse Massei's finding of fact on no motive?
It wasn't Massei who determined there was no motive, it was the Supreme court rejecting Mignini's which led to that. This is part of the process of trying to prove premeditation and give them a stiffer sentence and would have taken place in '08 or '09. Having been denied I (don't think) Mignini could even get another potential motive past them.
What you're talking about is not a motive, but Massei's narrative and support therof of their role in Meredith's death, and just like we all might have different scenarios for that, their system realizes that absent omniscience or a clean video recording there's 'different truths' as Hellmann put it, thus what gets put in the motivations is probably not an exact representation of reality, but the best
sophistry 
p) scenario they could summon with the evidence they had. The jury might convict on dubious evidence, especially in a trial of the first instance, but the safeguard for that is the requirement to write an extensive motivations document detailing as much relevant evidence they have and try to piece it all together. The sillier (and anemically supported) it comes out, the better indication that they didn't have the evidence to actually support their verdict beyond a reasonable person's doubt.
And most certainly not Mignii's ever changing sex-game, satanic ritual gone wrong, or rent money, or toilet-tensions theory.... (But then I am still misunderstanding your nuance here....)
That could happen, but I doubt it would. Like I implied above, what would be better: if the new court decides there's not the evidence to support them actually taking part in the act of killing Meredith but standing by cheering on (or not preventing) Rudy from doing the killing like Mignini suggested he could do in the CNN interview, or that court deciding that Amanda's was a rogue Masonic infiltrator in a Jesuit organization which had been fighting a millennial-old silent struggle and was detailed to execute a British girl in ritualistic fashion to 'send a message' to the
Saxe-Coburg and Gotha Windsor family which they will blame on the RCC in order to start a viscous secret war inside
whichever masonic sect that...I lost myself here! At any rate I'm thinking that might raise a few eyebrows and might actually be better for Amanda and Raffaele in the long run!

p)
I hope it is not just a technicality, but Massei did not, did he?, have a right to rule if Rudy's motive was factual, only if Sollecito's and Knox's was. please correct me if I am wrong here, but Massei's assumption that Rudy had motive, is not in and of itself a finding of fact. This would be the same (in reverse) as if Rudy's fast track trial had ruled that there were multiple attackers and that those attackers were, in fact, Sollecito and Knox! Would it not?
Rudy wasn't on trial in Massei's court, just as Amanda and Raffaele weren't on trial in the Michaeli court. Whatever was decided about the ones on trial was what was important, having it all fit together perfectly in synchronization is not mandatory. By those rules had the Michaeli court determined Rudy was the sole attacker it would have exonerated Amanda and Raffaele without a trial. How could they do that? I think there Mignini (and Maresca) were just making as much 'guilt' news as they could in the press at the time.
Would not Massei's words about Guede be an "opinion" rather than a finding of fact? This is not just splitting hairs.... I think that is what you mean by below, "What (Massei) found as a motivation in this case, that Rudy instigated the assault, is essentially meaningless at this juncture....."
Yep, that's it. I doubt it will get so that Amanda and Raffaele are
more involved, (you see the evidence to support it
doesn't exist or withers completely under a cursory examination and that
does matter--especially in the appeal trial) but it's
possible.
Massei seems to simply assume that if a prosecution expert said it, then that was good enough for him. However, that assumption did not seem to extend to Mignini. Massei, whose motivations report is the one of record here now with the acquittals being quashed, disses Mignini on MAJOR prosecution issues.
Yeah, he does. However the role Amanda and Raffaele played in relation to Rudy is not one that's immutable. After all in Hellmann's court they weren't there at all, not anything like Massei's motivations, was it?
Questions still to come:
1) will new Florentine prosecutors go all she-witch on us like Mignini did?
2) will they in essence completely ignore Sollecito? I mean, all Sollecito is, really, is the arrested alibi.... no Nike sole-print, no bathmat footprint, no uniquely-Raffaele Y-allele on the bra-clasp; and in looking at the video on how the clasp was collected 46 days later it is obvious that contamination HAD a source! (Sollecito is not just eye-candy for Knox, he's also eye-candy for the court. He's just along for Mignini's ride - until the prosecution can get him to cop a plea, which he will never do.)
I doubt we'll see more allusions to demoness Amanda or witchcraft, I'm guessing that was a local affectation. Did you read where Perugia leads Italy in number of exorcisms performed?
(As an aside, did you read that Peter Quennell is now blaming the defence for the 46 day-delay in collecting the bra-clasp? Sometimes one simply cannot fall over laughing fast enough. I truly hope the Kerchers don't read Peter Quennell - he is not interested in the least in justice for their kin.)
???
What's the argument? Sometimes untwisting that kind of crap can be enlightening.
3) will the Florentine prosecutors re-call the British friends to testify that nuclear war was about to break out between Knox and Kercher over a pooh-stripe in the toilet?
Heh.
4) will the Florentine prosecutors try to convince a Florentine judge/panel that "Knox's biological material" (cf. Massei) is now Knox's blood mixed in with Kercher's in 7 places in the cottage?
No, I doubt it, that's a lie even Massei unraveled, forensic sophistry at its finest. Almost all of it amounts to Rudy dripping Meredith's blood in Amanda's house and using items and fixtures that Amanda would likely have her DNA on.
5) even so, what are the prosecutors going to do? Replay the avatar-cartoon showing a close-quarter melee, but with no wounds to Sollecito or Knox (like Rudy had) or ANY evidence of Knox being there to begin with?
6) Will Maresca simply put the autopsy film on a continuous loop and beg the Judge/Panel to make someone pay for this obvious atrocity, and it may as well be Knox and Sollecito?
7) will the new Florentine prosecutors make a big deal about Knox going on the interview circuit in the US to protest her innocence? What will these prosecutors do with her repetition of, "I did not kill I was not there?" Accuse her of continually changing her story?
And what if all the Supreme Court wants out of the appeals court to begin with is to remove the "did not commit the act" and replace it with, "not proven, but acquit anyway so that we, the SC, can sign off on it"?
Regardless - Massei is in play right now, and if one has read Massei's motivations report, it is hardly the ringing endorsement of PM Mignini that is claimed.
If you do not believe me, read the report!
I know, I did.
