Knox Appeal: The Defense Counters (14th Hearing)

The Knox camp got a boost today, as things seemed to go entirely their way Wednesday. The fourteenth appeals hearing started with requests by Prosecutor Manuela Comodi for new testing on the knife and bra clasp and to introduce newly discovered records about the DNA-testing machine used in the case. Furthermore, Comodi had requested to recall Luciano Aviello to the stand, a witness who had originally testified that his brother killed Kercher, who has since publically retracted this statement when questioned by Comodi in prison in July (Read more on this HERE).

Judge Claudio Pratillo Hellmann, however, rejected all three requests—all victories for Knox’s defense, who opposed the motions. Judge Hellman said the discussion regarding DNA evidence had been thorough enough for the court to form an opinion, and he said that new testing would be “superfluous.”

Other expert defense witnesses came forward as well today to counter expert prosecution testimony a day earlier. Much as he did in the original trial, Carlo Torre, one of Italy’s best-known forensics experts, presented a detailed technical argument about the DNA on the knife. Torre testified that the “smaller wound [on Kercher’s neck] is absolutely incompatible with the knife in question.” Torre is also a proponent of “one robust killer” as opposed to three attackers.

Dr. Torre’s assistant, Sarah Gino (who is a private coroner) also testified today. Reiterating some of what she said on the stand in the original trial, Gino added that Sollecito’s genetic material could have gotten onto the bloodied bra if it was on Knox’s clothes when they were washed with Kercher’s before the killing, a new theory now posed by Gino.


In her testimony earlier this week, Dr. Patrizia Stefanoni said that she stored biological evidence in the victim’s freezer on November 2 and 3 (2007), before bringing the samples to Rome. “This is a strange way of [collecting] evidence,” defense forensic expert Adriano Tagliabracci testified today, criticizing the methods used by Stefanoni. Taught methods of collection of biological evidence calls for them to be air-dried, because they are damp, thus should be packaged in a non-plastic contained to prevent mold or bacteria from creating a whole different kind of science experiment inside the containers.

It was certainly a good tactic by the defense to raise these concerns, although in retrospect, this procedure by Stefanoni didn’t affect her results, and the defense has a better chance of swaying the jury with the independent experts’ findings—because the plastic bag contamination (argument) would have a better chance ruining the possibility of receiving a DNA match rather than providing a match via contamination.

Kercher family lawyer, Francesco Maresca, told the media that the rulings were not a defeat, and that he understood why the judge rejected the requests.

Reminiscent of his enthusiasm and optimism during this time in the first trial, Amanda’s father, Curt Knox said (as reported by The Telegraph), “Amanda is happy and hopeful that she won't be spending too much more time in prison...”

Meanwhile, Nick Pisa, of The Telegraph and The Daily Mail, is reporting that a clearly frustrated Prosecutor Manuela Comodi said: "There is an ill wind blowing in this case. The judge and his assistant are clearly against us. I can see both Knox and Sollecito being freed which will be a shame as they are both involved."

However, it is ABC who has apparently interviewed Comodi and their take is very different than what Nick Pisa wrote. The Seattle Times is reporting that in ABC’s interview with her, Comodi said:

“We did our job. I am convinced by what I have said. I am fully convinced of their guilt and I would find it very serious if they were set free. Today’s decision could lead one to think that there is more of a possibility that they be set freed.”

Nick Pisa seems to have used his ill-will to twist the quote of Comodi in an effort to "sell papers" per say; and it seems to be working because today Sheppard Smith of FOX News used the quote verbatim and proceeded to slam Italian Justice and the case against Knox. Even I was fooled by it for a few hours.

A voice of reason in the most unlikely places also emerged today. After the session, Knox's lawyer Luciano Ghirga, warned that the court’s rejection of new DNA testing was not equal to a positive outcome of the whole appeals trial.

Judge Hellmann suspended the proceedings until 23 September 2011, at which time he announced that closing arguments will begin, with the prosecution going first, followed by civil plaintiffs, and then the defense.

Knox Appeal: The Prosecution Strikes Back

Amanda Knox entered the courtroom today for the second day in a row. This time she was wearing olive green satin blouse and black slacks, and gave a smile to her father, stepfather, and best friend as she was led to her seat. Dr. Patrizia Stefanoni (above) took the stand again today to dispute the DNA results given by the two court appointed experts, Professors Carla Vecchiotti and Stefano Conti.

Yesterday Dr. Stefanoni was armed with 119 PowerPoint slides to explain her analysis. During her presentation some had a hard time staying awake in the dimly-lit, hot courtroom; even Knox seemed to nod-off a bit. As Dr. Stefanoni took the stand, Judge Claudio Pratillo Hellmann joked about it saying, “I’m glad to see you have no slides,” he said with a wry smile. Still, Dr. Stefanoni did, however, use more slides. Under questioning by prosecutor Manuela Comodi, Dr. Stefanoni defended the methods and equipment used in the investigation.


Dr. Stefanoni told the court that the machine used for the DNA examination was clean, and she rejected suggestions that the clasp had been contaminated. Dr. Stefanoni said the knife was tested in a lab six days after investigators had analyzed a trace of Kercher’s DNA, and she insisted that contamination did not occur.

Dr. Stefanoni also insisted that during period of 46 days after the killing that it took to collect the bra clasp, “nothing from outside the victim’s room was brought inside.” She insisted that out of 133 specimens analyzed in the house of the murder—including 89 in Kercher’s room—Sollecito’s genetic profile was only found in a cigarette butt in an ashtray, mixed with Knox’s. “If Sollecito’s DNA had somehow traveled from the butt to the clasp, then there would be Knox’s DNA as well on the clasp,” she said. This is something that I have posited and discussed long ago (SEE HERE for further explanation).

Also called to the stand by the prosecution was Giuseppe Novelli, an expert on human genetics at Rome’s Tor Vergata University. Novelli said he reviewed the prosecution’s procedures and he “absolutely excludes” contamination on the knife and bra clasp. Then he made a very valid point of common sense. “If the origin and vehicle of contamination is not proved, this is just a hypothetical theory,” Novelli said, adding that experts did not state precisely how the two items may have been contaminated with DNA.

The prosecution also called Francesca Torricelli, the director of a Genetical Diagnostic Center at the University of Florence. She argued that the DNA evidence was credible, and she had looked at the data and came to the same conclusions as Dr. Stefanoni. Professor Torricelli assured the court that Meredith’s DNA was on the blade of the double DNA knife.


Vecchiotti (above w/ Conti) testified in an earlier hearing that the knife tested negative for blood and the amount of DNA said to be Kercher’s was so low that it could not be examined again with any conclusions. But Torricelli refuted this claim, saying that she had witnessed the work of Vecchiotti and Conti, and that the machinery they used during their investigation could check extremely low quantities of DNA. Meanwhile, Novelli told the court that for him, and others, it was not a question of “quantity of DNA, but rather quality” to carry out a successful examination.

Outside the courtroom, prosecutor Comodi said she considered that Stefanoni and Novelli had clearly proven the good work they had done.

Knox Appeal: Defense Witness Does 180 & Experts Speak

On Monday, as expected, the two court-appointed experts—Carla Vecchiotti and Stefano Conti—explained their report, which was submitted to the court last month. Sources say that Vecchiotti & Conti might be under investigation for possible collaboration with one or several defense DNA experts. Strange comments of leaked expert reports have been coming from Knox supporters as early as March.

I personally have received several anonymous comments from people claiming to have possession of the independent expert’s report, long before it was submitted to the court, in an attempt to taunt me with the results. And, the fact that what they were saying about the results seems to be exactly what was in the report shows a strong possibility that the report was most likely transported through the hands of the experts on down to internet posters. I wonder what that chain of transportation looks like?

The prosecution will surely make a case that these evidentiary items were not objectively examined. If Judge Hellman rules in favor, the prosecution then has the right to appeal to the Supreme Court of Cassation for a ruling. We will have to watch closely to see what transpires from this.


As we’ve seen throughout this process, there have been no shortages of shocking moments. The recent bombshell came yesterday, when former defense witness, ex-mafia turn-coat, and prison inmate, Luciano Aviello (see his previous testimony HERE), testified under oath before a magistrate in Perugia that he was offered 30,000 Euros by Sollecito’s lawyer, Giulia Bongiorno (pic above), for his June 18th testimony. Furthermore, he claims that the money was delivered to him by Raffaele’s sister, Vanessa Sollecito.

You can read Aviello’s full statement at TJMK, which has been translated into English.

In his statement, Aviello claims that “everything he had declared was false: that it was false and had been agreed with Raffaele Sollecito’s lawyers in order to create confusion in the case…Aviello heavily accused Sollecito’s lawyers and sister. He said that it had been she [the sister] who had delivered the 30 000 Euros to an acquaintance of his in Naples, who was to act as a go-between. The money was to be found in an apartment in Turin which the Perugia police will check.”

But perhaps the most shocking allegation made by Aviello in his statement was when he said, “Raffaele told me that it was Amanda and that he was also there.” I actually know that it’s true that Amanda did it,” he says Raffaele had told him, “but I didn’t do it: it wasn’t me that did the murder,” Raffaele continued. You would think that this new statement from Aviello is at least news worthy. Yet, the American media has failed to print one story on his new statement.

So what credence can we actually give to Aviello’s newest statements? Well, we know that he is clearly a fearless perjurer whose credibility has never been held in any high regard. So now Aviello has sent authorities on another hunt, this time to that apartment in Turin where the 30,000 Euros is allegedly being held for him. We will have to wait and see what comes of this new investigation, but it is true that the Sollecito family did meet with Aviello in prison, according to TJMK sources.

Meanwhile, on Tuesday the prosecution sent patrols to Rome and seized the DVD used by the two experts Vecchiotti and Conti to help present their findings to the court a day earlier. The DVD has been logged with the office of the clerk of the Appeal Court of Perugia and will be used by the prosecution to demonstrate that the scientific police used the correct procedures during the investigation. Prosecutor Manuela Comodi will use the DVD to question Vecchiotti and Conti at the next hearing, which is scheduled to take place this Saturday, 30 July 2011.

Sollecito Family Trial Begins

Today, the family members of Raffaele Sollecito faced their first day of trial. Raffaele’s family: Francesco Sollecito (his father), Vanessa Sollecito (his sister), Mara Papagni (his stepmother) Giuseppe Sollecito (his uncle) and Sara Achille (his aunt) all from Bari have been charged with leaking a crime scene video out of the 10,000-plus pages plus of evidence and exhibits to Telenorba, a Bari television station. The charges are as follows: defamation, invasion of privacy, and publication of arbitrary acts of a criminal case.

The prosecutors are Giuliano Mignini and Manuela Comodi; the judge is Alberto Avena; the Sollecito defense team consists of Marco Brusco, Francesco Crisis, Luca Maori and Donatella Donati; and the Kercher family (along with their lawyer, Francesco Maresca) is civil party to the trial and damages could be awarded to them if the defendants are found guilty.


The video included deeply upsetting close-ups of Meredith’s uncovered body and the wounds to her neck. It was later re-broadcast by the state network RAI throughout Italy. Vanessa Sollecito was fired from the Carabinieri late in 2009 for her involvement in this attempt to manipulate politicians.

During today’s proceedings, the Sollecito defense team raised an objection regarding issues of jurisdiction. Judge Avena postponed the hearing until 27 June 2011, at which time this matter will be decided.


In related news, the Lifetime movie Amanda Knox: Murder on Trial in Italy makes its debut in Canada this Sunday May 1 at 6 p.m. ET on Slice. The TV movie depicts the real-life murder case of British university exchange student Meredith Kercher (Amanda Fernando Stevens). The film focuses on Amanda Knox (Hayden Panettiere, Heroes), and Raffaele Sollecito (Paolo Romio) and Ivory Coast-born Rudy Guede (Djibril Kébé).

Some journalists praise the movie, claiming that it was well-crafted and executed. However, the movie is flooded with inaccuracies—so much so that it will confuse those who know little about the case. Amanda Knox and her lawyers have protested against the movie. However, it is not as incriminating as if a movie was made on the story accurately portraying the full details. I am not trying to dissuade anyone from watching the movie—it was an interesting portrayal and provides a decent visual of the events—but don’t think that you can “solve the case” simply by watching the movie.

Knox Appeal: Homeless in Perugia

With the appeals on the verge of heating-up—in anticipation for the expected May 21st report from independent experts on crucial physical evidence in the case—today the court heard from witnesses disputing the testimony of homeless man, Antonio Curatolo. Mr. Curatolo testified that he saw Knox and Sollecito on the night of the murder several times in Piazaa Grimana, which overlooks the cottage (crime scene). Mr. Curatolo also testified that he was certain because he remembered seeing buses and other students in the piazza waiting to board buses to go to discos in town.

On this day, the fifth appeal hearing, six witnesses took the stand—including some operators of shuttle bus services that run from the piazza in question to discos on Perugia’s outskirts, as well as people doing work for two discos. In short, the witnesses said shuttle bus services were not running that night.

Roles of the seven defense witnesses (one hasn’t testified yet):

Rita Pucciarini, organizes events in Perugia
Giorgio Brugnini - owner, Disco Etoile 59
Mauo Mandarini - owner, Disco Gradisca
Arturo Liasullo, manager, SIAE
Massimiliano Bevilacqua - Bus company
Gaetano Ini- Bus company
Rosa Ini- Bus company

Rita Pucciarini, who at the time of the murder worked for the Red Zone disco, told the court “There were no buses [running that night]… I’m certain because discos focus on Halloween, which is a big draw. It’s like New Year’s Eve.”

Luciano Ghirga, a lawyer for Knox, said the testimony “removes the two from the scene of the crime.” Prosecutor Manuela Comodi said the testimony was “useless” as there are other discos in Perugia and other bus shuttle services whose operators had not been heard. Comodi also said, “If ever there is testimony that is completely useless…this is it.” Kercher family lawyer, Francesco Maresca, noted that he “remains convinced of the reliability of this witness [Curatolo].”

There has been no word yet whether the prosecution will be entering Rudy Guede’s Motivation Report into the record. Antonio Curatolo is expected to take the witness stand again during the next hearing, which is scheduled for 26 March 2011.

Thanksgiving in Perugia: Knox’s Appeal Begins

Amanda Knox and Raffale Sollecito came face-to-face today (technically Wednesday) for the first time since they had been convicted of murdering Meredith Kercher back in December 2009.


Wearing a pale blue sweater against the damp autumn chill, Knox entered the court for her first appeal session looking more serious, as opposed to her carefree demeanor during her original trial.


Presiding judge Claudio Pratillo Hellman (with assistant judge Massimo Zanetti) swore in the jury of five women and one man, then promptly made his first decision: hearings just once a week—on Saturdays—to accommodate Sollecito’s high profile attorney Giulia Bongiorno (a key Italian parliamentarian and head of the justice commission who recently revealed she is several months pregnant).

Under Italian law, anything can happen in the appeals process, from complete acquittal, to conviction on lesser charge such as manslaughter, to an even harsher sentence if convicted again.

Knox’s appeal is built largely around a request for an independent review of forensic evidence (in particular the DNA evidence from the knife that prosecutors say was the murder weapon).

Prosecutors are also appealing the extenuating circumstances granted to Knox and Sollecito, in hopes that they’ll be handed down a life sentence.


This time, the trial stars “three” prosecutors: Giancarlo Costagliola, and the two from the trial, Giuliano Mignini and Manuela Comodi. Mr. Costagliola, the newest prosecutor, will lead the team.


The long awaited appeal is finally here, and the first session was over quite quickly: lasting only about 15 minutes. The defense asked for a postponement until Dec. 11, so “the trial could begin in an atmosphere of tranquility and serenity,” and the prosecution agreed. Judge Hellman granted the request, and fixed hearing dates for Dec. 11, 18 and Jan. 15, for now.