Monday, November 30, 2009

Science versus Patrizia Stefanoni

Today, 9 US specialists in DNA have strongly outlined their concerns over two crucial pieces of evidence (knife and bra clasp) in the case against Amanda Knox and Raffaelle Sollecito in an open letter/petition (Full copy at bottom of this post).

From NewScientist:

On the eve of the verdict of the high-profile trial in Perugia, Italy, in which Amanda Knox and Raffaele Sollecito are charged with the murder of British student Meredith Kercher, DNA evidence brought by the prosecution is being questioned by nine US specialists in DNA forensics.

The trial is in its final stages, with a verdict expected on 7 December. Knox and Sollecito are pleading not guilty. In an open letter, the US specialists outline their concerns with two pieces of DNA evidence that are central to the case against Knox and Sollecito.

The defence has already suggested that the amount of DNA allegedly linking the pair to the crime is too small to be definitive. The letter raises the possibility that this DNA was introduced through contamination of the evidence and concludes that the DNA test results "could have been obtained even if no crime had occurred".

Two years ago, Kercher was found dead, with cuts to her throat, in the accommodation she shared with Knox in Perugia. Although a third suspect, Rudy Guede, has been convicted of her murder, the prosecution claims that Knox and Sollecito helped.

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From Time Magazine (Nina Burleigh):

As for Knox's defenders, since the early days in the case, American lawyers and experts have criticized the evidence. New to that chorus is Greg Hampikian, chief of the Idaho branch of the Innocence Project, who released a report to TIME saying the knife and bra clasp evidence against Knox are meaningless under prevailing standards in U.S. courts. Kercher's bra clasp, discovered at the scene of the murder six weeks later and revealed to the press the morning after a defense expert demolished other material evidence on a national television show, "cannot reliably be interpreted to show that Sollecito's DNA was on the bra clasp at the time of the murder" and therefore "does not constitute credible evidence," Hampikian wrote.

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KnoxSollecitoDNAPetition

Defense's Closing Argument: Day 1

NBC: Keith Miller Reports/Interview w/ Anne Bremner



Nick Pisa, Daily Mail:

'Are we to believe that selective cleaning was carried out by Raffaele and Amanda ?' she asked.

'They said 'oh there's my fingerpints, there's my footprints, there's my DNA and then cleaned it all up, leaving only Rudy's handprint and DNA at the scene.'

Ann Wise, ABC: One of Italy's most prominent defense lawyers told the jury in Amanda Knox's murder trial today that the 22-year-old student from Seattle is not "Amanda the Ripper."

Instead, attorney Giulia Bongiorno said that Knox is more like "Amelie of Seattle," referring to the popular French movie "Amelie" about a naive young woman who tries to help people. ...cont

Nick Pisa, Sky News:

"Throughout this trial I have heard Amanda described as someone who coveted hatred, someone who was a maneater and someone who was a diabolical witch…" the lawyer said.

"She is not Amanda the Ripper. She is a fragile and weak girl...


Sunday, November 29, 2009

The Little Dictator (Amanda Knox's Parents Charged with Defamation)





By Mark Waterbury, Ph.D

In dictatorships and other totalitarian governments it is common practice to arrest people, conspicuously without reason, and to threaten and intimidate them. This is done to disavow them of any illusions they may have about possessing civil rights or being entitled to due process of law. The authorities in Perugia, Italy took a page from this Manual for Despots when they charged Amanda Knox’s parents, Edda Mellas and Curt Knox, with felony Defamation of Character for supporting their daughter’s statements about mistreatment during interrogation by the polizei.

This interrogation, as is well known, was conducted without her being allowed either legal counsel or a translator, in a language she barely knew, over long hours until the middle of the night. In an interview with a British newspaper, Edda and Curt said that Amanda was “abused physically and verbally” and that she had told them she was “hit in the back of the head by a police officer with an open hand...” Amanda has since testified to this in court.

Now, after 18 months, an unstated number of unnamed polizei could bear this insult no more, and decided to press these charges the day before the beginning of the defense’s closing arguments. One can question the speed of Italian justice, but it’s timing is impeccable. By throwing this rock into the already muddy waters of the case, they clearly hope to bury coverage of the defense’s closing with yet another groundless accusation by the prosecution.

These obscene charges have several effects. Among them:

First, more lawyers for the family, and yet more legal bills. Guilty or innocent, the crushing burden of legal bills is a punishment not to be underestimated.

Second, if convicted, they face 6 months to 3 years in an Italian prison. It is said that those without prior offenses are unlikely to serve time for this crime, but, clearly, that rule of thumb has no bearing in this case. One need only look at the record of malevolent, vindictive, and dragged out incarceration that has already been inflicted on Amanda to understand this.

Third, having been charged on preposterous grounds simply for speaking the truth and defending their daughter, they are put on notice that any further support will bring risks. It is an attempt to silence opposition.

Fourth, it will make it far more difficult, and dangerous, for Amanda’s parents to visit her in the event that she is unjustly convicted. By simply leaving these charges hanging, as was done in the case of Doug Preston by this same jurisdiction, any visit to Italy will risk arrest and imprisonment. This will have the effect of isolating Amanda even more severely than the 9 months in solitary confinement already demanded by PM Mignini.

This is part of an effort, not merely to convict Amanda, but to destroy her. It is an attempt to inflict cruel and unusual punishment on someone with no history of violence or aggression, and with no plausible evidence or motive to link her to the alleged crime.

What is the evidence for these charges? Did the polizei abuse Amanda, cuff her, browbeat her, and demand that she make statements that she did not think of herself? That is the beauty of the charge, you see. There is no evidence. Because the prosecution will not release it.

Although the polizei made recordings of every telephone conversation, cell phone call, Skype link, and statement made in this case, they deny that any recording of Amanda’s interrogation exists. One can imagine them saying, “Her interrogation! What an oversight! I suppose we should have spent a few Lira to record.” It is absolutely not credible that no recording was made. It is absolutely not believable that it does not exist, and it is clear that the reason they have refused to release it is because it supports Amanda’s testimony, and not the prosecution’s statements.

Withholding this evidence leaves only Amanda’s word against the word of the unnumbered and unnamed polizei.

Frankly, I believe Amanda. How about you?



Friday, November 27, 2009

Summations: Week 2

AP


Reuters




Millions Sought in Damages in Italy Murder Case (AP)

Amanda Knox a 'She Devil Who Destroyed Innocent Man'
(Telegraph)

Amanda Knox Hit w/ $12 million Law Suit (ABC, Ann Wise)

From Perugia Shock (Frank Sfarzo):

"Another terrible day for Amanda. She had again to listen to another inquisitor throwing mud on her, convincing the world, convincing the jury, who just wait to be convinced.
Her lawyers were busy with the papers, her family wasn't there yet. She was all alone again, with the death in her heart.

Then they all arrived: stepfather and mother, father and wife, aunt. The free people arrived and she turned around with a look that confessed all the drama she was going through. A glance from desperation, a howl in silence. The loudest howl."

Tuesday, November 24, 2009

Comodi asks for common sense

Posted by Jim Lovering a.k.a. Charlie Wilkes

The prosecution has now presented its closing arguments in the trial of Amanda Knox and Raffaele Sollecito. I won't even try to address the assault on reason unleashed by prosecutor Giuliano Mignini. His brand of lunacy is worthy of Dickens, or Melville, or perhaps Dr. Seuss.

I can more easily come to grips with Mignini's sidekick, Manuela Comodi. Her opinions bear on pedestrian matters. In last Saturday's Seattle PI, Andrea Vogt gave us a taste of Comodi's thinking:

[Comodi] defended the work of police biologist Patrizia Stefanoni and other police forensic investigators and appealed to jurors to use common sense when considering the reliability of defense consultants' testimony.

"At the scene of the crime there is a footprint made in blood on the bathmat and Knox and Sollecito's footprints made in blood on the floor," Comodi said. "and these were supposedly made at some different time because they stepped in bleach or rust or fruit juice? It's up to you to decide."

Common sense, eh? OK, Ms. Comodi, let's apply common sense to these "footprints made in blood." Except for the one on the bathmat, which obviously fits the shape of Rudy Guede's foot and big toe, they weren't visible to the naked eye. Nor were they confirmed to have been made with blood. They were detected and photographed with the aid of luminol, a chemical that glows for a few seconds if it reacts with blood, or the rust found in tap water, or certain types of soil, or various household cleaning products, or many other substances.

Altogether, there were six latent bare footprints, three in the hallway, three in Amanda's room, and none in Meredith's room. Each was swabbed and tested for DNA, and not one of them revealed Meredith's DNA. Is it common sense, therefore, to conclude that they were made with her blood?

Is it even possible they were made with her blood?


Let's look at where the hallway footprints were found, starting with Rep. L9 in the above illustration. Rep. L9 corresponds to the blue blob pictured below. The prosecution's footprint consultant, Lorenzo Rinaldi, attributes it to Amanda.


It is just outside the door to Meredith's room, a single footprint, all by itself, with the toes pointed toward that room. It's also adjacent to the bathroom Amanda and Meredith shared.

Let us assume, for the sake of argument, that this footprint really has something to do with the murder, and that it was made with Meredith's blood. What transpired to produce it? What criminal scenario are we supposed to imagine when we heed the Comodian call for common sense? Did Amanda step in blood in Meredith's room and then hop backward into the hallway to deposit this solitary print, which she then mopped up, but not thoroughly enough to prevent its detection with luminol?

Now look at rep. L6-L7. That label denotes a pair of blue blobs: two right footprints, side-by-side. They are outside the door to Amanda's room, oriented parallel to the run of the corridor, with the toes pointed toward the kitchen.


According to Rinaldi, the right footprint on the right was made by Raffaele. He doesn't say how or why, but that's OK. We'll simply uncork another bottle of Umbrian common sense and assume that Raffaele hopped on his left foot from Meredith's room to the spot where he put down his right foot, leaving a bloodstain which he then mopped up, but again, not thoroughly enough.

But where did the other right footprint come from? Whose is it?

While we ponder those questions, let's take a look at Rep. 2 and Rep. 3. Those labels correspond to a different kind of evidence — one that doesn't require luminol. They mark visible blood traces having the distinctive tread pattern of Rudy's athletic shoes. The box for those shoes was found in Rudy's apartment. He has admitted he wore them on the night of the murder and threw them into a dumpster after he fled to Germany.


And there were more of these prints, inside Meredith's room and in the corridor. The photo below, made from police video, shows how they continue toward the front door. We don't have to imagine people hopping on one foot. These markers show the trail of blood that Meredith's killer left when he made his exit. Rudy's shoe prints are part of a pattern of evidence that also includes Rudy's DNA inside the victim's body and Rudy's bloody fingerprints on a pillow inside the room where the murder took place.


This murder was senseless and brutal, but it was not complicated. The evidence — the real evidence, as opposed to random forensic artifacts that could have a dozen perfectly innocent explanations — shows that Rudy acted alone. He broke in, he robbed Meredith, he raped her, he killed her, he cleaned up in the bathroom, and he ran away. That is what happened on the night of November 1, 2007. Everything else is a malicious fantasy that needs to be shot down before it ruins two innocent lives.

If you want common sense, Ms. Comodi, there it is.

CNN interviews Amanda Knox's Parents



When Amanda Knox's parents head to Italy for closing arguments in their daughter's murder trial they'll be carrying a present they hope desperately she can use soon: a plane ticket home.

In that purchase lies one family's entire hope.

Curt Knox and Edda Mellas say their daughter is nothing like the person they've seen depicted before and during her trial.

They grimace at the description prosecutors have used in court: that Amanda Knox was a resentful American so angry with her British roommate Meredith Kercher that she exacted revenge during a twisted sex misadventure at their home two years ago.

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Monday, November 23, 2009

Doug Preston and Dr. Libby Johnson (Forensic Expert) on NBC



Libby Johnson on the knife: "It does not come from blood....I don't believe that it was ever on the blade itself. I think its quite likely a laboratory contamination issue." Dr. Libby established the Harris County Medical Examiner's DNA lab in 1991.

Doug Preston: Italian sources tell him that Amanda will be convicted and acquitted on appeal.

The West Seattle Herald also runs a story story today
: "“Amanda and Meredith were very friendly,” said Janet Huff, Knox’s aunt. “Just two days before (the murder) they attended the Chocolate Festival together and had been out together to local pubs. There were quite a few photos of the two of them together in the days before her murder on Amanda's computer. Too bad the Italian police completely fried it when trying to get into it and were not able to retrieve a single thing."