Bill Williams
Penultimate Amazing
- Joined
- Nov 10, 2011
- Messages
- 15,713
Well, it's only a theory, but I think the defence teams were deeply compromised by their failure to win in the ISC. It is quite common in other jurisdictions for a new team to take on criminal appeals. There is good reason for that even in the absence of any fault in the conduct of an unsuccessful defence. The climb cannot be better demonstrated than in the manner Channel 5 used. It is ridiculous to prefer a verbal description or still photographs of the defence lawyer standing on the lower grill especially when the court has expressed interest in seeing the film. Those photographs are deeply unconvincing to me. This point ought to have been totally nailed because it's nearly the whole reason the enquiry went off the rails in the first few minutes.
They might also have made the point (perhaps they did) that Micheli held the climb to be perfectly feasible for one such as Guede.
..... to add to this, the climb per se was perfectly feasible to Judge Massei. This was another item that Massei departed from the prosecution in 2009; it's not the impossibility of the climb that deterred Massei like it was claimed by Mingini - Massei doubted that Rudy would have gone up to Filomena's window 3-times, because in Massei's "though experiment" about the whole manoeuvre, to unlatch the window-blinds, etc., that would have required three ascents.
If Massei had commissioned a video, or if the defence had received permission from the court to commission one, like what Channel 5 showed, there were no "3 ascents". Filomena's window was perfectly accessible from the outside with one ascent by a reasonably in-shaped individual like Guede. Even if Guede had to unlatch the window bblinds and THE go get a rock, this is not climbing Mt. Everest. The ease of the climb is the compelling issue here.
Guede could have accomplished all the manoeuvres in Massei's thought experiment in a few seconds, in 1, two or seven climbs.
And as we argue at length with Machiavelli about - where's Machiavelli!? - the path up to Filomena's window is actually sheltered from the road, whereas the deck on the other side is fully exposed to the road, and lit by a street lamp. Once on the balcony a burglar has no avenue of retreat if seen, but at Filomena's window, all one has to do is jump down into the darkened space below the retaining wall and one is again invisible - a great avenue of retreat.
Like I was told when I first ventured into this whole case, by the time you and I argue about it, a reasonably competent burglar, like Rudy, is up and in - and already down the hall to Laura's bathroom taking a crap and grooving on some tunes.
Whereas I do not share the same criticisms of the defence teams as you wiser-folk, it is a complete head-scratcher why the defence let this one slide. After all the defence motions denied by the Nencini court, this was one the guy seemed interested in. His interest and the availability of the Channel 6 video seems to the layman here, me, to be a no-brainer.
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Wow. What's in it. Joking aside, what explanation can there be for not using that footage to show the judges how easy the climb was. We have had those parkour guys leaping about and a picture of a young lawyer standing on the lower grill. This was a film of the actual window of the actual apartment but the defence teams chose not to show it. I just hope Nencini makes a complete twat of himself and pronounces the climb impossible!


