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

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Okay.... I say something, you claim I am wrong. You say the basis for me being wrong is contained in documents you hold.
(...)

It's wrong, because you claim that "all journalists in the courtroom reported this". So the actual basis of your claim is contained in something else. I (and Grinder) asked you to report those sources which you claim are public (whereas court documents should not be disseminated).
You also quite ignore the evidence of the contrary you already have. I wish you to put in discussion the actual basis of your claim, and re-consider it before going forward.
 
Machiavelli - on this side of the Atlantic, we call your response .....

..... a punt.
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I found that people here were discussing about me over these last two days. It's interesting.
I decided to spend some time talking about some limited topics. But bear in mind I don't have enough time to actually sustain a detailed discussion with multiple people about one topic. Even less multiple discussions, that is multiple topics. I think basically nobody could do that. I'm not in retirement.

I was interested in davefoc's approach, because of his precise and logical questions on the topics.
I have topics left back however, I recall, in the order, about the claims against Stefanoni (like claimes that she lied, or that she refused to turn over data, or that she is not qualified etc.); the discussion about alleged "satanic" OR "ritual murder" scenario attributed to Mignini; some subsequent threads opened like about Amanda's ambiguous, threatening/blackmailing "blood on hands" memory; Charlie Wilkes addressing physical evidence and dynamics; Bill Williams repeated claims that Massei court made "findings" opposing the prosecution scenario, etc.

A great mass of claims is made by the innocentisti and they are repeated in the face of lack of backing or evidence of the contrary; moreover there is a big loss of time due to engagement by posters who indulge to provocation, meaning they decide to address me, of "Machiavelli and Vogt", thus factually diverding the topic of discussion (from my point of view). Btw these latter posters implicitly attempt to set a further reversal of "burden of proof" as I am constantly object of dietrologia, attributed "motives" and speculations about my own "intents"; I dont blame anyone for their choice about discussion style, but I don't consider their "insinuation" approach to be intellectually balanced so it tends to disqualifies them as interlocutors.

I find strange this latter description of my intervention as a "defense attorney" for Mignini. I'm not sure the comparison entirely fits. I don't feel like a defense attorney, and I don't think I'm doing exactly what a defence attorney would do. Maybe I've been rather like a political activist or like an academic fighting for a theory as opposed to others.
My attitude contains an element of provocation that stems from a sense of outrage, actually kind of hostility which you direct against political or religious opponents, to expose the weakness of a dangerous propaganda, rather than acting as a defense attorney. The "defense attorney" comparison tends to imply it's like addressing an impartial jury, but in fact I almost never feel as if I am addressing a panel of unbiased or intellectually honest people. I am mostly opposing enemies, or people who are simple believers "manipulated" by enemy propaganda. Not open listeners, but people how already "believe" their religion and won't believe the opponent - some are people with a vested and invested interest in 'saving' the defendants - maybe unless completely cornered and crushed by mathematical proof.
Above all, in all this I found most strange your conclusion that intellectual honesty was "not my goal". I wonter what you are based on. I'm not clearing Mgnini by assuming a specifically "narrow" definition of Satanic: on the contrary, I am saying he put forward, from the beginnig, a scenario that simply does not fit any ritualistic or cult-related murder plan, not even an occult/esoteric motive: there is basically only a sexual motive to start with, and the decision to make a little party; then, something happened which spiralled towards violence and the murder was unplanned. I am also saying that this scenario was basically unchanged, I mean: Mignini and Comodi never "changed" scenario. In the way in which it is described, the psychological details or other details they chose to mention, might sound like a different style from 2008 and 2009, but as you read it, in fact it isn't. Possible argument about money, drugs, a sexual context, clutches between Knox and Maredith over their house habits, personalities of the three perpetrators: these are the ingredients, they are identical and the story is the same.

My intent (on the satanic/ritual topic) is precisely to expose the fact that, if there are "wide spread assumptions at the time that Mignini was behind salacious theories", those wide spread assumptions are an example of irrational and unfounded claims spread by media campaigns. (Btw, ritual murder and salacious are already two different concepts, there is already a shifting both in meaning and implications). The wide spread false beliefs about what Mignini said may have a complex origin (more than one cause) yet they are unfounded, I may say they are obviously unfounded; the fact that their belivers lack any source, actually they have both Italian press sources against them and factual documentation disproving them, is something very glaring. The believers nonetheless tend to resist a re-formulation based on the actual information, or to consider a re-framing of their incomplete information from another point of view.

However there is also another point that I consider: the approach of Bill Willams for example, who makes unsupported claims, then says "you could stop all this about Satanic rite by sharing your document". I hold firm the point that this blackmailing approach is unacceptable. And logically wrong. This is a kind of paradigm of intellectual dishonesty; and this comes from the same poster who said that "all sources in the courtroom [sic] reported that". I would expect honest posters to acknowledge facts that they have or at least acknowledge when they don't have information; for example that - even analyzing just the limited quote from Mignini's speach tha Katody posted, despite its incorrect translation - you must infer that even that quote alone suggests, actually implies, that a "ritual murder" scenario would be incompatible with Mignini's proposed scenario (the drug fueled-party).
Dude, give it up. Bill Maher is making jokes about this thing. That's not a good thing for you and your ilk.
 
It's wrong, because you claim that "all journalists in the courtroom reported this". So the actual basis of your claim is contained in something else. I (and Grinder) asked you to report those sources which you claim are public (whereas court documents should not be disseminated).
You also quite ignore the evidence of the contrary you already have. I wish you to put in discussion the actual basis of your claim, and re-consider it before going forward.

I appreciate fully that this is what you wish.

The wish is founded on your desire to avoid the issue - string it out, rather than end it. You say you have it in your possession to prove me wrong.

What I have said, really, is that Barbie Nadeau concedes I am right (and you call her a liar), that even John Kercher concedes I am right (mercifully, you only call him mistaken).

It is quite the dance here.

My real issue, though, is why is this even an issue in 2013? Hints have been given here which suggest why. It appears that Mr. Mignini went to a psychic to reopen the monster of Florence case. The claim is further that this psychic was useful to Mignini for his discovery that the horrible Kercher murder was some sort of Satanic rite.

Again, the issue really ISN'T whether or not you have court documents from 2007-8 which prove that me, Barbie Nadeau (the liar, remember?) and John Kercher are wrong....

.... the issue is, why is this even interesting in 2013?
 
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Dude, give it up. Bill Maher is making jokes about this thing. That's not a good thing for you and your ilk.

If Machiavelli thinks I'm a jerk... wait 'til he gets a load of being called a "Knoxymoron" by one of the leading comedians in America!
 
So in other words, there was no point in Judge Massei writing the motivations report!!!!!

So these are not REALLY his findings, because they have to pass through the court of Machiavelli to be understood. Machiavelli will then demonstrate that Massei did not mean to say what he said.

Nice one.

But you are distorting the "prosecution case" in the first place! You claim that the Massei scenario is "different" from the prosecution case, while it isn't!
You make inferences like "Massei found Knox and Sollecito did not suffer from any psychopathology" and those conclusions are baseless.
For example you describe the Massei report as finding that "Knox had no motive"; but actually, it was the prosecution who requested the acknowledgement of "futile motives", and Massei instead refused to acknowledge this: so, in fact Massei rejected the assumption that Knox and Sollecito had "no motive". You don't read this basic legal finding in massei, instead your attention is attracted by the fact that Massei does not attempt to detail motives of Knox and Sollecito and refuses to deal with the point. You build your own interpretation that Massei is "re-building the case", but you are twisting everything.
There are findings in Massei's report, but the findings are not a photocopy of the prosecution argumentation style, they are not supposed to be. They may well not speak about exacty the same things or the same aspects. Massei accepts all the evidence in the Mignini scenario and accepts all the dynamics he proposes. Including the sexual scenario, the timeline. The only actual difference is the premeditation (carrying of the knife) and the rejection of the prosecution's claim that they had no significant motives. The Massei document, behind the "lable" that you noticed as he says "choice of evil", rejects the proscution claim that there was no real/rational motive, and assumes that motives that were not futile indeed may have risen; this is what he actually states; but pulls a curtain on them, leaving them uknown behind the "choice of evil" curtain. But then when you read it and you interpret it as if he "finds" that "they had no motives" and that Massei "denies the prosecution scenario". The problem is the reader's spin. And maybe his being unaccustomed to any legal document.
 
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I've also just realised that you've misread (or at least misinterpreted) my post. My hypothesis is that Guede INITIATED HIS INTENTION TO PERFORM a sexual assault, by (perhaps) unbuttoning and starting to pull down Meredith's jeans. And that this is what caused Meredith to fight back. Long before Guede made any contact (digital or otherwise) with her actual genital region.

This is where we all get into trouble in my opinion. Speculating when it progress to a sexual assault or to murder. The different ways that this kind of crime happens is as varied as there are stars in the sky. (ok, that is a bit of an exaggeration) Still, a woman might not resist even the sexual assault, because she's at knife point, or her resisting the assault might have set Rudy to kill her or, he might have killed her and then removed her pants and penetrated her. We'll never know unless Rudy admits to it.
 
But you are distorting the "prosecution case" in the first place! You claim that the Massei scenario is "different" from the prosecution case, while it isn't!
You make inferences like "Massei found Knox and Sollecito did not suffer from any psychopathology" and those conclusions are baseless.
For example you describe the Massei report as finding that "Knox had no motive"; but actually, it was the prosecution who requested the acknowledgement of "futile motives", and Massei instead refused to acknowledge this: so, in fact Massei rejected the assumption that Knox and Sollecito had "no motive". You don't read this basic legal finding in massei, instead your attention is attracted by the fact that Massei does not attempt to detail motives of Knox and Sollecito and refuses to deal with the point. You build your own interpretation that Massei is "re-building the case", but you are twisting everything.
There are findings in Massei's report, but the findings are not a photocopy of the prosecution argumentation style, they are not supposed to be. They may well not speak about exacty the same things or the same aspects. Massei accepts all the evidence in the Mignini scenario and accepts all the dynamics he proposes. Including the sexual scenario, the timeline. The only actual difference is the premeditation (carrying of the knife) and the rejection of the prosecution's claim that they had no significant motives. The Massei document, behind the "lable" that you noticed as he says "choice of evil", rejects the proscution claim that there was no real/rational motive, and assumes that motives that were not futile indeed may have risen; this is what he actually states; but pulls a curtain on them, leaving them uknown behind the "choice of evil" curtain. But then when you read it and you interpret it as if he "finds" that "they had no motives" and that Massei "denies the prosecution scenario". The problem is the reader's spin. And maybe his being unaccustomed to any legal document.

I note that you almost, but do not really debunk Massei's claims which are at odds with Mignini's case. Good for you.

I will let Massei's document speak for itself, rather than let you "spin it".

But I thank you for eventually getting to addressing Massei. Now everyone can read your response for what it is.

Are you sure we'd not get along at dinner?
 
I appreciate fully that this is what you wish.

The wish is founded on your desire to avoid the issue - string it out, rather than end it. You say you have it in your possession to prove me wrong.

What I have said, really, is that Barbie Nadeau concedes I am right (and you call her a liar), that even John Kercher concedes I am right (mercifully, you only call him mistaken).

It is quite the dance here.

(...)

You are not going anywhere like this. You are making a claim, but you can't "be right" and nobody can "concede your are right", because in the first place you are not bringing any argument. So, you are unable to back your claim that Mignini put forward a Satanic or ritual murder scenario, but above all, you are unable to acknowledge that your claim that all sources reported it, is false. Yet, you made this claim that "all people reported this". You made this claim and no one else. I could start by quoting Italian sources that deny what you say. But that won't be right. Because you made the claim.

Instead, what you decide to do, is to desperately protect your position with "nothing" by employing Nadeau and Kercher as human shields.
And there is quite a strain in saying that "I call Nadeau a liar"; this is your blackmailing game: better, it is a black-white game. I say if Nadeau said that, what Nadeau wrote is factually false. Whet I said is that Nadeau didn't have a high quality reporting on this case, not that she is a liar. You also perfectly know that Nadeau wrote a big number of mistakes or incorrect information in her book, hence it would be not surprising if you find out that something is wrong, because her report in her book has not a high quality. However, you decide to use her as a human shield instead of letting her go as any reasonable and rational person would do.

Kercher: I'm not merciful, I'm just logical; first I didn't see such quote that you attribute to John Kercher; but anyway I can't assume John Kercher to know exactly what the prosecution said, since he doesn't understand Italian but got several information only through reports such as Nadeau's.
 
<snipped for brevity> I am saying he put forward, from the beginnig, a scenario that simply does not fit any ritualistic or cult-related murder plan, not even an occult/esoteric motive: there is basically only a sexual motive to start with, and the decision to make a little party; then, something happened which spiralled towards violence and the murder was unplanned. I am also saying that this scenario was basically unchanged, I mean: Mignini and Comodi never "changed" scenario.

- even analyzing just the limited quote from Mignini's speach tha Katody posted, despite its incorrect translation - you must infer that even that quote alone suggests, actually implies, that a "ritual murder" scenario would be incompatible with Mignini's proposed scenario (the drug fueled-party).

The problem with this claim is where is the evidence for said "little party" or "drug-fueled party?". AFAIK there were no empty booze bottles presented as evidence, no drugs found, no paraphernalia, no party streamers or other such party-like remnants entered into evidence. So this is a theory, a wild guess if you will, with no supporting evidence. This makes it worthless speculation.

With regard to intellectual honesty, you need to stop claiming someone is wrong because they do not understand the original Italian or Italian law, without further explaining exactly where the translation error or the legal misunderstanding occurred. I would be independently wealthy if I had a nickel for every time you have stated someone was wrong because they don't understand Italian or don't understand the exact penal code which (supposedly) makes a statement invalid.
 
<snip>I personally think that Guede did in fact rape Meredith (in the full sense of vaginal penetration with the penis). I think he withdrew before ejaculation, and that perhaps the Stefanoni-destroyed towels and/or the pillowcase might have given us more evidence in this regard. Bear in mind also that the epithelial cells of Guede's found inside Meredith's vagina could just have easily come from the surface of his penis than from his finger.

If his penis was involved in penetration, the autopsy would have found pre-ejaculate in addition to epithelial cells.

Dean G. Kilpatrick, Ph.D, wrote, "....Another important finding is that colposcopic examinations of women who have had recent consensual sexual intercourse do not find evidence of physical injury. Thus, the colposcope is not only capable of detecting physical injuries invisible to the naked eye, but a trained expert examiner can also testify that such injuries do not occur during consensual sex..."[emphasis mine]

On general principles I have to wonder whether or not there is some subjectivity in the analysis from the colposcope. However, it sounds as if it is a big improvement over conventional exams. If Dr. Lalli did not have access to a colposcope, then I don't think that the lack of injuries is very meaningful.

I agree, and apparently, so did Katy.

Thanks for this info halides. I think there are perhaps even more complicating factors than the above would suggest: for example there can be injuries due to consensual sex,<snip>

I think the police/prosecution were either just ignorant of the facts on this and jumped to conclusions, or else they already had the consensual sex gone wrong theory and jumped on Lalli's findings to support it.

I would think that trauma during consensual sex is rather common.
 
My attitude contains an element of provocation that stems from a sense of outrage, actually kind of hostility which you direct against political or religious opponents, to expose the weakness of a dangerous propaganda, rather than acting as a defense attorney.

Yes. This is exactly how I have always read your comments.
 
I note that you almost, but do not really debunk Massei's claims which are at odds with Mignini's case. Good for you.

(...)

Did you notice that it was the prosecution the one who claimed "no motive", and that it was Massei's court the one who rejected the claim, or not?

And btw, do you actually know the "prosecution's case"?
Which is btw not "Mignini's case": in the Italian system, the case is made by the preliminary judge (so, by judge Micheli).
 
<snip>It is a little odd, when you think about it - no real improvement in his English in over FOUR YEARS of posting (and, presumably, reading), what must amount to several hundred-thousands of words by now.<snip>

I've seen a lot of improvement, even on JREF, but particularly since the first couple of years of Candace's blog. That is, with regard to posts actually written by him.
 
Kercher: I'm not merciful, I'm just logical; first I didn't see such quote that you attribute to John Kercher; but anyway I can't assume John Kercher to know exactly what the prosecution said, since he doesn't understand Italian but got several information only through reports such as Nadeau's.

See -- even Kercher doesn't know because he doesn't understand Italian. How do you know where he got his information from? Don't you think he has accurate translations of transcripts? What makes you know he got information from Nadeau?
 
How long is the constant curve for the processing of alcohol?

All the sites I provided say that although women may get drunk easier they process it at the same pace.

After alcohol is absorbed into the bloodstream it leaves the body in two ways. A total of about ten percent leaves through the breath, perspiration, and urine. The remainder is broken down through the process known as metabolism.

The rate at which alcohol is metabolized is the same for virtually everyone regardless of their height, weight, sex, race or other such characteristics.

Alcohol is metabolized at the rate of .015 of blood alcohol concentration (BAC) every hour. 1 Thus a person with a very high BAC of .15 will have no measurable alcohol in the bloodstream after ten hours (.15 divided by .015 = 10). Here are some other examples:


People really think she was this drunk: 0.20 Loss of motor control; must have assistance standing or walking; mental confusion; needs medical assistance.

0.30 and higher Severe intoxication; potential loss of consciousness; needs hospitalization.


At .25 she would have about .12 when she woke up yet no one noticed: 0.11 - 0.12 Coordination and balance becoming difficult; distinct impairment of mental faculties and judgment
 
You are not going anywhere like this. You are making a claim, but you can't "be right" and nobody can "concede your are right", because in the first place you are not bringing any argument. So, you are unable to back your claim that Mignini put forward a Satanic or ritual murder scenario, but above all, you are unable to acknowledge that your claim that all sources reported it, is false. Yet, you made this claim that "all people reported this". You made this claim and no one else. I could start by quoting Italian sources that deny what you say. But that won't be right. Because you made the claim.

Instead, what you decide to do, is to desperately protect your position with "nothing" by employing Nadeau and Kercher as human shields.
And there is quite a strain in saying that "I call Nadeau a liar"; this is your blackmailing game: better, it is a black-white game. I say if Nadeau said that, what Nadeau wrote is factually false. Whet I said is that Nadeau didn't have a high quality reporting on this case, not that she is a liar. You also perfectly know that Nadeau wrote a big number of mistakes or incorrect information in her book, hence it would be not surprising if you find out that something is wrong, because her report in her book has not a high quality. However, you decide to use her as a human shield instead of letting her go as any reasonable and rational person would do.

Kercher: I'm not merciful, I'm just logical; first I didn't see such quote that you attribute to John Kercher; but anyway I can't assume John Kercher to know exactly what the prosecution said, since he doesn't understand Italian but got several information only through reports such as Nadeau's.

Yikes... Machiavelli - wouldn't it just be easier to call Nadeau a "liar"? You make her sound far, far worse. You DO know don't you that Nadeau has monetized this tragedy, and continues to do so by selling the film rights to "Angel Face"?

Maybe we can agree on Nadeau after all!

And the nib of the argument about the Satanic Rite claim, you say it "would not be right" to produce evidence I am wrong? It's hard to know how to respond to such a bizarre statement.
 
The problem with this claim is where is the evidence for said "little party" or "drug-fueled party?". AFAIK there were no empty booze bottles presented as evidence, no drugs found, no paraphernalia, no party streamers or other such party-like remnants entered into evidence. So this is a theory, a wild guess if you will, with no supporting evidence. This makes it worthless speculation.<snip>

:D:D:D!!!
 
See -- even Kercher doesn't know because he doesn't understand Italian. How do you know where he got his information from? Don't you think he has accurate translations of transcripts? What makes you know he got information from Nadeau?

No. I don't think he had translations. He might have had transcripts; but not their translation.
However, I'd like to see a link or a precise citation about this purported Kercher's statement, because I never saw it just by the way. It may well be you misreporting him for what I can know.

But it doesn't seem to me that I used the language-knowledge argument in this recent topics.
The knowledge about the law or being accustomed with a trial is probably more relevant. There are very big claims made by the innocentisti directly regarding the law. And there are some very remarkable assumptions, even by posters apparently in good faith, such as (for instance) the idea that in Italy the prosecution would watch over if information from a file is leaked without permission. It is actually the private parties who would complain.
 
Machiavelli said:
Kercher: I'm not merciful, I'm just logical; first I didn't see such quote that you attribute to John Kercher; but anyway I can't assume John Kercher to know exactly what the prosecution said, since he doesn't understand Italian but got several information only through reports such as Nadeau's.

See -- even Kercher doesn't know because he doesn't understand Italian. How do you know where he got his information from? Don't you think he has accurate translations of transcripts? What makes you know he got information from Nadeau?
Machiavelli knows full well that the Kerchers had direct access to three lawyers from Italy. Does Machiavelli want us to believe that John Kercher had never discussed the "Satanic Ritual" with Maresca?

This claim by Machiavelli is rite up there..... ooops, right up there with saying that Massei did not mean what he wrote in his motivations report about psychopathology and mixed blood and the fact that Meredith and Amanda were friends and always were friends, and that Raffaele had called the caribinieri before the arrival of the postal police.... ad nasuem. Not to mention that the killing was NOT a sex-party, OR a sex-game gone wrong.

Massei is clear that the "lusting" is Rudy's and Rudy's alone.

Machiavelli would want one to believe that once one studies Italian law in the original Italian, suddenly Raffaele is calling the caribinieri AFTER the arrival of the postal police.
 
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