Giacomo Benedetti's Testimony (English)

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This is an English language translation of the testimony. See Giacomo Benedetti's Testimony for the original Italian transcript.

Translation of Benedetti's deposition at AK/RS appeals trial June 27, 2011. Translated from the Italian court transcript: Media:Testimony 06 27 11.pdf

Thank you to Jools from the PerugiaMurderfile.org community for this translation.

Key to abbreviations
GM Giuliano Mignini Prosecutor Pubblico Ministero
GBE Giacomo Benedetti Witness being questioned
CPH Claudio Pratillo Hellmann Judge Presidente
LM Luca Maori Sollecito defense lawyer Avvocato
FM Francesco Maresca Counsel for Kercher family (civil plaintiffs) Avvocato
CDV Carlo Dalla Vedova Knox defense lawyer Avvocato
WITNESS DEPOSITION – GIACOMO BENEDETTI

THE WITNES CAUTIONED IN ACCORDANCE WITH ARTICLE 497 OF THE CODE OF CRIMINAL PROCEDURE, LEGAL PRACTICE FORMULA.

PRESIDING JUDGE -CPH: Please sit down and, speaking into the microphone, you must state your personal details.

Personal details: My name is Giacomo Benedetti, I am 24, born in Assisi on March 9, 1987, I live in Perugia.

CPH:
Please Public Prosecutor.

Giuliano Mignini- GM-

GM:
Listen you know Rudy Hermann Guede?
GBE:
Yes.
GM:
Since when do you know him?
GBE:
Since Mid-school… yes, from middle school.
GM:
Then you are Rudy’s friend.
GBE:
I am Rudy’s friend, yes.
GM:
Listen, have you been to visit him in prison?
GBE:
Yes.
GM:
At Viterbo?
GBE:
At Viterbo yes, also at Capanne, always.
GM:
What period frequency?

[31]

GBE:
To Capanne the period frequency was at weekly or fortnightly rate, instead to Viterbo is…once every month and a half, once a month, more or less like this.
GM:
And do you know who else went to visit him apart from yourself?
GBE:
Okay, me, Gabriele Mancini, Federica Burchielli, also the Caporali family had permits I believe, right now I don’t exactly know who, Paolo Caporali for sure the young man, the young man who once came also with me and then I don’t, I only know about these.
GM:
Rudy ever spoke to you about Mario Alessi, the murderer of little Tommy Onofri?
GBE:
Right, the only… according to me, for what I remember the only time was when media wise this thing about him came out, while we went to visit him yes he did, yes he was also a bit angry about all these rumors going around and so on that occasion he did mentioned, yes he did say that i.e. he was in prison in the same enclosure as this person.
GM:
All right. I don’t have any other questions.
CPH:
From the defence, anyone has questions?

Defence Counsel L. Maori: Listen Benedetti, you as you told the public prosecutor have had several conversations with Rudy.

GBE:
Yes.

Defence Counsel Zaganelli: In both Perugia and Viterbo prisons?

GBE:
Yes.
LM:
And with Rudy what things did you talk about?
GBE:
Basically the unfairness… that is the fact of…
LM:
Look at the President, answer to me but look at the President.
GBE:
Yes. I was going to visit Rudy to be close to him at that moment and support him through this, simply like a friend who goes to meet one other friend.

[32]

LM:
Has Rudy ever spoke to you of his responsibility in the Murder of Meredith?
GBE:
Everything that is known from the beginning me, with the Police and the calls, it is all written, that is to say that, with Rudy we did –not?- speak of these things, basically all came out at that initial period in which, together with the Police and whom was in charge, I did asked questions also to Rudy.
LM:
Afterwards we’ll see the questions of the chat…
GBE:
Yes.
LM:
… who are you talking about now, we’ll see it in another… my question was different at the time and was this one: Has Rudy ever spoke to you of his responsibility in the Murder of Meredith?

Civil Parties Counsel F. Maresca: President there’s objection.

CPH:
Yes I agree it is not part of the cross-exam.
FM:
We are in cross-exam have respect for the Public Prosecutor examining.
CPH:
Yes yes, I agree.
LM:
In relation to the witness reliability.
FM:
It breaches all the rules of cross-exam.
CPH:
True, true.
LM:
You spoke before of the chat, here would you like to explain what is…
FM:
But not about the chat…
CPH:
I did not understand the question.
GM:
There is objection also here.
LM:
You before…
GM:
And on the questions by the Public Prosecutor.
CPH:
I really have not understood the question, therefore I can’t even assess.
LM:
The witness before, at my question, he [33] begun to talk of collaboration with the Police, of the fact of having…
CPH:
This is in regards to the other process.
LM:
… spoken with Rudy just by means of the chat.
CPH:
Yes this I understood.
LM:
If he could explain what was the thing that, what was his collaboration.
CPH:
But its of no interest.
FM:
Its objection, no one has made the question about the collaboration with the Police.
CPH:
However is of no interest, the argument is always the same, whether Rudy spoke in confidence to Alessi and to others. The argument cannot move along in this sphere.
LM:
If we must test the reliability of a witness I think it is appropriate and necessary to make questions also in relation to such as what were the [getting in touch with] contacts…
GM:
And this is in cross-exam, I repeat.
LM:
Public Prosecutor, let me finish and then after you… What were your contacts with Rudy Guede.
CPH:
We already asked him, he was going to visit him… etcetera etcetera.
LM:
Okay.
CPH:
I’ll say that… Other questions?
CDV:
Yes President, very briefly.
CPH:
I recommend you keep to it though.
CDV:
Absolutely. You referred that speaking in [jail visit] conversations with Rudy Guede he told you of this Alessi affair because he had heard it on the TV news or how was it?
GBE:
It was an issue in the media and as a friend… simply…
CPH:
Look at us.
GBE:
Sorry. So, I was saying first of all I don’t [34] understand the question very well, it was not…
CDV:
I wanted to know when Guede referred to you about Alessi, what things did he refer?
GBE:
Nothing, or to put it better he only said that this situation was an absurd situation and that, that all these things were all, in short, ridiculous things, last point, is not that we went into discussing the case, that is…
CDV:
Did he also tell you of the other witnesses, De Cesare and the others?
GBE:
No.
CDV:
Did he tell you he sent a letter?
GBE:
To who?
CDV:
To his lawyers.
GBE:
Not that I remember, no.
CDV:
But in general have you not ever spoke of letters that Guede writes to his lawyers?
GBE:
Now, its one thing… yes uh…
CDV:
I will repeat the question look.
GBE:
Yes.
CDV:
Do you know if Rudy Guede has written letters about this matter?
GBE:
But I do know that he keeps in contact…
CDV:
On this matter specifically of Alessi and anyway in general?
GBE:
I don’t know.
CPH:
You don’t know, okay.
GBE:
I don’t know.
CDV:
Then also with you the relationship was only conversations?
GBE:
Yes. No no, I also receive letters from Rudy certainly but they are not regarding…
[35] :
{{{2}}}
CDV:
Excuse me, how can you say that you don’t know if Rudy Guede writes letters if you, yourself have received one letter?
FM:
President…
CPH:
No he doesn’t know, he said he doesn’t know if a letter was written and to whom, he can’t know.
GBE:
The fact that Rudy can write a letter, though the question was a different question, you asked me…
CPH:
All right. Listen, I will do the question myself if you all finish, either you or Counsel Ghirga…

Defence Counsel L. Ghirga: [off microphone].

CPH:
Yes but I will do it at the end if you don’t.
CDV:
So this is the question: you know if Rudy Guede writes letters, if he wrote letters?
FM:
President there’s objection.
CDV:
But why? He already said yes, that he has received it.
FM:
Because the Prosecutor General, who holds the witness in exam, has not asked anything on the letters. The examination and the cross-examination the Code says that must be done like this, the Prosecutor General has not asked anything…
CDV:
Yes but is the dialectic circumstance, now if we need to make… is it possible that in this process every time that it gets to important information there is an instrumental obstructionism and we are not able to have the information?

[Background voices]

CPH:
One moment, quiet, one moment.
CDV:
Is a circumstance relative to Alessi that I asked on the letters. Moreover is the Prosecutor that produced the letter today.
CPH:
Is a general question…

[36]

CDV:
If we as defence cannot even interject (“interloquire’) on these circumstances…
CPH:
Its a general question when all is said and done, you asked if he knew he [RG] wrote letters, I think this one can be admitted.
CDV:
Exactly.
CPH:
However without going in too deep particularly also because all things considered, if I say the truth, I failed to see what can be its usefulness.
CDV:
President the usefulness is in relation to the letter that was produced today.
CPH:
Yes, I understand but Guede wrote it, all in all is not written by him (Benedetti) though.
CDV:
But him as a friend, I wanted to know, if he knew whether Guede normally wrote letters that is.
GBE:
Rudy normally writes letters.
CDV:
Very well, that was all.
GBE:
But in this circumstance not…
CDV:
President I had another question in relation to Giacomo Benedetti’s role but I imagine that it will be…
CPH:
The role, excuse me?
CDV:
The role that he had, being…
FM:
(off microphone)
CPH:
Okay, here the role is not regarded. I instead will ask you a question, excuse me Counsel, but when you were going visiting Guede…
GBE:
Yes yes.
CPH:
… Guede ever said to you, speaking of Alessi, did he ever tell you: “But how could this person invent these stories? I absolutely never said anything to him, I have never made any confidentiality”, did he tell you in straight and clear like this or was he ever a bit vague… gave you an [37] answer a bit like this, vague as in meaning but did he ever really complaint of being, that these news were false because he had never made any confidentialities?
GBE:
Yes. That is in the sense that when, at the time of when this matter came out media level Rudy clearly was complaining about this situation because he considered it ludicrous, this is what I remember.
CPH:
Here is…
GBE:
Because he had no…
CPH:
Is always an ambiguous thing.
GBE:
This is because he never made any confidentiality to this person.
CPH:
You sure of this?
GBE:
I remember it like this, yes.
CPH:
Do you remember that Guede had told you: “ I have never made any confidentiality of this kind to Alessi”.
GBE:
I remember it like this, I think yes.
CPH:
Then I think we can let the witness go.
CDV:
Okay thank you, I’ve finished.
CPH:
You can go, good morning.

End Trans