Let's see. There is no evidence that Amanda or Raf ever entered Meredith's room but they must somehow prove they weren't part of something called a sex game. No evidence they ever entered the room, oops with the exception of the clasp which has its issues.
OTOH, we need proof that Rudi either locked Meredith's door with his left foot in an awkward position or we prove he reentered the room because otherwise, even though the kids left nothing, it is clear that they came and staged the scene and locked the door.
Raf was accused up-thread of moving F's laptop yet there is no evidence that he ever entered her room. Since there is no evidence of Rudi in her room either at least that analysis is equal. Except the blood found on the window that supposedly was never tested.
I remain intrigued as to how the prosecutor can prove a sex game occurred and explain why only evidence of two playing can be found. Further it is baffling as what happens if the prosecutor tries and fails to convince the court or throws up his hands and says it can't be done. (For Bill - from the Book of Grinder an advance look at this quote from the Florentine prosecutor: "What are those old fogies smoking in Rome? How in the **** am I supposed to prove that?" )
So what happens when a verdict comes from the appeals court, either guilty or innocent, that doesn't include the sex game or multiple attackers?
If the SC's orders are what they now appear to be, I agree with Dan that the double jeopardy or some other legal violation may come into play for extradition. Perhaps Anglo and Matt could weigh in on whether the actions of the SC in including the results of Rudi's fast track trial would violate some general principal of US/UK law, if not Italian law.
This may have been commented on already but would be worth repeating.
At this point, I wonder if AK is considering putting up a smaller defense and saving resources for extradition hearing or a villa in Brazil. Will the defense be allowed to make a defense or will the byzantine rules prevent it?
How will the calumnia evidence be admitted to this round since that is finished? Could that be the reason the defense didn't fight it hard?
If you give me a minute, I'll find you a reference for that quote-to-be.
I apologize for drifting from your post, Grinder.... it's just that I am still trying to figure out Briars' rhetorical strategy here.
NancyS give an opinion on why it is perhaps correct to refer to someone like Curatolo as a junkie, although she would rather call him substance dependent. She lists the other substances that junkies.... er, substance dependent people regularly take to self-medicate.
And whereas Curatolo is already showing signs at testimony he cannot differentiate between Oct 31 and Nov 1, Briars insists that Curatolo is to be seen as a unimpeachable witness... well, not perfect, but someone who a court should listen to, to put two people away for 30 years.
How does Briars handle all this rhetorically? Does he cite counter examples of how being substance dependent doesn't necessarily render cognitive functions, shall we say, "limited'? Especially when two persons' liberty is on the line?
No. Briars DOES de facto concede that the reputation of Mr. Mignini is on the line here, if not eventually his own legal liberty.
Why? Briars immediately sniffs out that by even bringing someone like Curatolo into court is an criticism of Mr. Mignini's efforts to pervert justice here.
Let's put it this way. Just take the three files marked, "The case against Rudy, "The case against Raffaele," and "The case against Amanda," and open and read the case against Rudy first. Of course this file has all the mock up and pictures and expert opinion about Rudy's breaking-in to the cottage through Filomena's window, except, opps, it's not there. Where's all the pictures and forensic descriptions of glass-shatter-patterns in that file? None.
All there is is one sticky note which says, "Rudy's obvious break-in puts multiple attacker scenario in danger, so divert attention from it at all costs." There's another sticky note, "Emphasize Filomena testifying that the room had been ransacked," but also emphasize nothing had been taken. These two bald statements when taken alone enables Mignini also to suggest that it was a staging of a break in, rather than something Rudy might have done, still without taking anything (I mean, he could have noted where everything was for future reference, a future interrupted by Meredith's unfortunate return to the cottage.)
But, once finished with that file a logical person would think, "Well, here's the case right here." Rudy did it.
Open the other two files. Disputed Y-Haplotype pointing to Raffaele and perhaps 100s of others. That's it. Nothing suggesting that Amanda was even in Meredith's room. Amanda's "biological material" mixed in with Meredith's blood, but the file also suggests that the mixing happened on the test-swab only because the S.P. police's own video elicits laugher in the court when played showing how it was collected. Besides, why is it strange to find ANY biological material of a person who lived there and used the very bathroom the victim did?
You think you have problem with me "inventing" scenarios.... You're now Judge Massei and you have to somehow integrate these three files. If you cannot, then Briars instincts are right... this begins to look like a frame-up
with a colleague of Massei's reputation (and perhaps liberty) in the balance. I do note that Briars implies that Mignini is being criticized here....
(Hypothetical thought Massei had!: "I like Mignini, we drink wine together after hours, but he never should have gone all Satanic on us with the Narducci thing. I often warned him that this kind of reasoning would come back to bite him. I'll be damned if I'm the one who is going to bite him.")
So Massei invents more than dialogue... he invents a reasoning (not that the climb in Filomena's window was undoable but) which says that a unique series of happenstances needs to have been there for the shutters to be openable to begin with, and that Rudy would not have stood on that grate on the window below three times.....
..... and then yell, "O look, squirrel!" just to see if you can get that bit of reasoning past your audience.
An Massei then invents more stuff... Amanda all of a sudden needs to have an innocent reason to be carrying that kitchen knife around - for protection? Yes, that's it - for protection! Let's face it, thinks Massei, this sex-depravity stuff Mignini is trying to sell is too much even for me. She's a normal 20 something, no history of violence really, and Mignini really did go round the bend with his Satanic rituals and sex-games gone wrong, and c'mon folks - a racing stripe on a toilet hardly triggers WWII - and Massei had to sit through Mignini bringing all those friends back from Britain to say, under oath, that they didn't like Amanda Knox - but other than that, what the heck does this have to do with a murder!!?!?
I'm drifting from your post Grinder with apologies.... but after all this, Leila's ficitional "reasonable person" goes back to Rudy's file and writes "guilty" on it and then if they care for Mr. Mignini's reputation at all, you take Raff's and Amanda's file and hide them somewhere, tell Amanda to go back to Seattle and behave herself, and tell Raffaele to get rid of those Harry Potter glasses, but go back to Southern Italy and stay there....
What does Briars' do? Briars reads NancyS's piece and comes up with a theory of his own, one at odds with even Massei's rendering of things. Rather than having to deal with Massei's contention that Amanda and Raff are normal kids who, in Massei's words, "made a choice for evil", Briars has to somehow both defend Curatolo and someone make that knife appear sinister from the time it was (allegedly) removed from Raffaele's drawer. This is how Briars puts it:
Briars said:
Three dysfunctional young people combined their angst into one fatal attack. Jealousy , sexual motive, childhood pain. and the thrill of finally getting to act out a knife fantasy was motive enough.
But it's not sufficient just to deny what even Massei found as factual - that Amanda Knox and Raffaele Sollecito are psychologically norm, have no psychopathology in them - Briars also has to deal with what NancyS wrote about Curatolo who IS psychopathological in the sense that he's substance dependent on the real hard stuff.
Briars' own version of "Oh look, squirrel!", is to de facto admit that if this is all true about Mignini, calling someone like Curatolo to be his star witness, it kind of makes Mignini look less like he's prosecuting a case, but (perhaps illegally) trying to manufacture a case - all to keep two of the three files on the table, where only one would have given the Kerchers the much needed justice they deserve.
The "oh look, squirrel," is, "What about that blogger?!"
Please note, no one has even mentioned "that blogger" for a while. Whereas the malfeasance claimed against Mignini is stored in Mignini's own (bizarre) use of Curatolo as a star witness ("Heroine doesn't cloud the memory!), Briars needs something, anything to divert attention FROM NancyS's thing.
"That blogger was arrested you know." That blogger also had his website shut down after judicial action by Mignini was initiated. Yet another action of a potentially criminal-prosecutor to be explained .... along with his use of Curatolo as a super-witness.
Sorry for hijacking your thread, Grinder. I kept quotes to a minimum just to avoid even more topic drift.
But it is interesting to me how the rhetorical styles can be compared. Briars' rhetorical style when commenting on NancyS, is to write, "Yea, but what about that blogger!?"
What about him? Is Briars diversion an admission that looking too closely at Curatolo will actually expose Mignini for his potentially criminally tactics at trial to justify three files on the prosecutors' table, rather than just one which would have given Kercher's the justice they deserve without victimizing others?
Makes me go hmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm.