But regarding the Kercher case, I don't believe he was guilty of actual misconduct of any sort. I think he made numerous huge mistakes, but that's a different matter altogether.
I disagree, I believe there are definitely indications he is guilty of misconduct in this case, and just because he has not yet been held to account for it yet doesn't mean that it didn't occur. He holds a powerful position and is able to withhold or destroy evidence and as long as he continues to 'deny, deny, deny; lie, lie, lie' and keep the ones trying to bring him to justice on the defensive with attacks and misdirections while he games the system it may be that he can keep the torpid Italian court system at bay until he's retired, but that doesn't mean he's not guilty of abusing his office.
Lets start with his curious habit of filing charges/starting investigations on his detractors and/or opposing his prosecutions. He filed charges/initiated investigations on--at minimum--five Italian journalists in this case: the two from
Telenorba, the two from
Oggi as well as Franscesca Bene. He also filed charges/started investigations on five members of the Sollecito family and two of Amanda's parents for daring to defend their relatives/children, in the case of Amanda's parents for simply repeating what they'd been told from their own home to be published in a British publication.
At the same time ILE was seeding the media with claims of 'evidence' that Mignini
must have known was entirely untrue or grossly misrepresented such as claims of having 'bleach receipts,' that there was a 'clear cut' video of Amanda entering the cottage, that the bathroom was covered in blood when Amanda showered (with pictures to 'prove' it taken by someone involved in the investigation) with no action from Mignini, showing a pattern of allowing false evidence claims from those subject to his authority but taking action against those questioning his investigation, not unlike what occurred in the Monster of Florence case.
Consider just who was
actually responsible for any damage done to Patrick Lumumba. He is hauled out of his home on that 'confused' account which was most certainly retracted by the time he presents his case to Matteini due to Amanda's note to police on the seventh which he quoted from in the Massei court, if her note later on the sixth which cast serious doubt on it wasn't enough. However before Matteini there is no mention of any of that and curiously a 'witness' to Patrick's bar being closed is produced which is damned odd considering it wasn't, and on the order of twenty people would soon line up to alibi him, including the Swiss professor whose alibi
was not initially accepted even after the seven hour grilling he endured, though with the arrest of Rudy Guede in Germany Patrick was released, but the charges on him were not dropped until several months later.
In the meantime the fact that he was still 'under investigation' allowed his bar to continue to be closed as a 'crime scene' and of course, he was still subject to being wiretapped. I suspect that Patrick Lumumba's curious behavior and the bile and lies he's continuously spewed towards Amanda (he liked her just fine as of the day of the interrogation) in court and out may well be connected to the fact that with his bar closed his income was destroyed and with his phone records available to Mignini there is the possibility there might just be some
proof of the rumors that Patrick is a bit of a horndog with the young ladies, something the mother of his child might be...non-plussed...to discover, or something else potentially embarrassing either personally or professionally.
Is coercing a witness misconduct in your eyes? Think of the advantages it offered Mignini in court and out. In court he had another voice of condemnation and another charge that could be used to indicate her guilt in the matter, now fully realized with the conviction confirmed and used in the court in Florence, not peripherally as before but as actual evidence of her being guilty of murder. Outside court his account of Amanda's behavior, fully at odds with her recollections on issues as to whether she was fired/demoted and whether she was flirting too much or not enough for his tastes as well the general character assassination of her being 'soulless' no doubt was convincing to some people regarding her being a nasty bit of goods who deserved
punishment. Or as Alan Dershowitz opined, not worthy of sympathy or defense because of that 'accusation' which garners more credibility because Patrick Lumumba won't shut up about how Amanda is responsible for the 'ruining of his life' due to the two whole weeks he spent in jail despite the fact it was the police and prosecutor responsible for imprisoning him, refusing to release him long after he'd been extensively alibied and Amanda's statements had been catagorically retracted.
Considering Mignini's methods as revealed by his history of wiretapping in this case and before, is it really believable that he
didn't do so with Patrick Lumumba? We know they checked the phone records as it was part of the evidence against him as per Mattenini. We also know that for some inexplicable reason his bar remained closed and the case against him wasn't officially dropped until months after they released him. We also know that those wiretapped conversations amongst the Sollecito family became public, if you'll recall that's how we heard some of Dr. Sollecitos intemperate statements such as how he felt after dealing with Monica Napoleoni (something to the effect of 'if he ran over her in a car he'd back up to make sure') and that Vanessa Sollecito said she was willing to break her finger to get leave to help her little brother.
I maintain that the statement Mignini was not guilty of misconduct in the case to be rather premature. An investigation of these and other indications would be required before I jumped to that conclusion as he had the motive, the means and the opportunity. Patrick being deprived of income and knowing Mignini had access to information that might well be highly embarrassing (and even destructive) personally is a better explanation for his conduct of selling lies to the tabloids and hiring a lawyer to punish
Amanda for what the police and prosecution did to him than that he's simply incapable of understanding that Amanda never wanted him arrested and feels badly about it to this day.
Potent members of powerful institutions often can escape scrutiny for some time, however that's not any indication they're innocent, it's just yet another example of Lord Acton's axiom: 'power corrupts, absolute power corrupts absolutely.'
There's few positions nearer to being God on Earth than a prosecutor in Italy.