I've been reading the various motivations reports which have come out of Rudy's fast-track process. Just to confess how slow I am on the uptake, up until about two weeks ago, I thought Rudy's fast-track process was completely irrelevant to the full-trial process Knox and Sollecito chose.
How naive can a guy be. I'm slow, but my spelling is also poor. Thank God for auto-connect.
So, Nencini will be writing a report which goes a long way to "harmonizing" Massei's report with Rudy's various reports. I thought that Nencini's court would have freedom to disagree with the March 2013 ISC ruling, which in essence says that the two tracks of prosecution in this case must match.
The main issue that Nencini has to deal with is that, in essence, Knox and Sollecito were convicted at Guede's fast-track process, at the very least that's what's in the motivations reports. Rudy's fast-track process contains various stipulations from both sides (note: the sides in that case are Mignini on one and Rudy and his lawyers on the other) - Amanda had to have let Rudy in, the break in had to have been faked..... Amanda was the only person in the known universe with a motive to fake a break-in....
..... to hell with the fact that this was settled at Rudy's fast-track process without a petition to the actual evidence. (A fast-track trial is, in essence, a normal criminal process but without the trial phase.)
It is my view that even Massei did not write a motivations report beholden to the various Rudy motivations report. Massei wrote a report where the motive for this crime was Rudy's and Rudy's alone, it was his lust which caused this crime to begin; which found inexplicable participation by Knox and Sollecito. Massei was nothing if not honest that he simply could not explain why AK and RS would have been involved, even as he found them guilty.
And the irony is, that the eventual ISC "sign-off" on Rudy's guilt agrees with Judge Hellmann, yes, Judge Hellmann, that it is not up to them to state an opinion on who the other attackers were in their acceptance of the multiple attacker scenario.
Please note: the ISC sign-off on multiple attackers was a sign-off on a process with the trial-phase missing - meaning that there was no real evidence presented or challenged as if there'd been an evidentiary trial!
Even with that, the conclusion of Rudy's did not specifically name AK and RS... but if one accepts multiple attackers, one finds plenty of assertions in previous motivations reports (written with no buttressing evidence) to accept it.
So:
Nencini will accept:
1) Multiple attackers
2) if multiple attackers it is only logical that AK and RS are those people
3) motive is unimportant
4) Amanda let Rudy in as the only key-holder
5) the break-in was an obvious fake (regardless that the judicial-factness of it was the result of stipulations at Rudy's trial, not actual fact-finding)
6) Raffaele's kitchen knife is the murder weapon because it is consistent with the bed-sheet outline (therefore they can be convicted of the charge with respect to the transport of the knife)
#6 is a result of the RIS Carabinieri at Nencini's court finding that there is no Meredith DNA on the knife, so Nencini is stuck with somehow placing that knife in the cottage. The bedsheet outline will be substituted for the DNA.
Remember, you read it here first.
and he made the point that he wouldn't have been able to do it.
