Hellmann Appeal

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Contents

November 24, 2010

The hearing lasted just 15 minutes and court was adjourned until December 11. Raffaele Sollecito's lawyer Giulia Bongiorno could not travel from Rome to Perugia citing a "temporary impediment" related to being 5½ months pregnant.[1][2]The prosecution did not object to delaying the trial to December 11th. Judge Hellmann warned that since Sollecito was represented by multiple lawyers if Bongiorno was not available the trial would proceed without her on the eleventh.[3]

Hellmann did address a few procedural issues before adjourning the court. Sollecito's lawyer Bongiorno was at the time a Member of Parliament and head of the justice commission which required her presence in Rome so a request was made to have the court meet only on Saturdays.[4] Hellmann granted that request to the defense. In addition the issue of the media was addressed with Hellmann banning the use of audio or video recording during the trial but allowing it during the breaks.[5]

The lay-jurors were also sworn in. The six lay-jurors were five women and a single man.[6] Like the Massei trial the trier of fact is a combination of professional judges and lay-jurors chosen from the population. The decision like in Massei will be based on a majority and there is no requirement for unanimity.


December 11, 2010

Since Giulia Bongiorno was unable to attend the first day of the trial the second court date is when the requests that would normally have been made on the first day occurred. For a complete list of the defense requests please see Amanda Knox's Appeal Factum and Raffaele Sollecito's Appeal Factum. The most important request from the defense is for the court to order an independent review of the DNA. The court will rule on if this will be granted next Saturday. Two unexpected requests by the defense were for new two new witnesses to testify. Sollecito's defense wants a Sicilian brick-layer to testify who will tell the court that not only are Knox and Sollecito innocent but that Guede was also uninvolved and the true murderer is someone far from the current investigation. Knox's defense is looking to introduce the testimony of a Camorra (mafia family) ex-informant who will state that the real killer is his brother.

The prosecution also made their request to seek a increase in the sentence to a life sentence should the conviction be upheld. The prosecution sought a life sentence against all three accused. Originally, Guede originally received a life sentence but that was reduced to 25 years on appeal. Knox and Sollecito were given 26 and 25 years respectively.

In addition to the requests, Amanda Knox took the opportunity to make a twenty-minute spontaneous statement. The transcript for the spontaneous statement is not currently available but from newspaper reports, we have some of the highlights.

To the family and loved ones of Meredith I want to say I'm sorry Mez is no longer here. I have little sisters too and a thought to not see them again terrifies me. What Meredith has undergone is incomprehensible and unacceptable”. Amanda Knox burst into tears during his voluntary statement to the Court of Assizes of Appeal in Perugia, where the trial process resumed for the murder of Meredith Kercher. "She was kind, intelligent, friendly and helpful. I am grateful and honored to have her known and you are not alone when you remember of her" Lawyer Francesco Maresca, the lawyer representing civil party on behalf of the Kercher family, has left the room during the statements by the American student, already convicted in first instance to 26 years imprisonment, along with former boyfriend Raffaele Sollecito. But she continues to reiterate his innocence. "I am innocent. Raffaele is innocent. We did not kill Meredith, and we are paying with our lives for a crime that we have not committed.

And on the topic of falsely accusing Patrick Lumumba.

I'm sorry, I'm very sorry, why? I didn't want to wrong you. I was very naive and not brave at all why? I ought to have withstood* the pressures that pushed me to hurting you. I didn't want to contribute to what you had suffered.

Asked for comment to Knox's apology Patrick said that he had forgiven Amanda but that he did not believe her statement and that it was just a defensive strategy. Patrick explained that Knox had the opportunity to correct the mistake at the appropriate time but choose to say nothing so he did not believe her now.


December 18, 2010

The court granted an independent review of the forensic evidence.[7] Although it is not official until the court meets on January 15 of the next year the experts that the court has decided to appoint were announced as Stefano Conti and Carla Vecchiotti from La Sapienza University in Rome.[8] Giancarlo Costagliola the chief prosecutor objected to the review claiming that it was useless since both sides had multiple experts testify about the forensic evidence.[9]

Hellmann deferred on deciding if defense requests to allow witnesses Mario Alessi and Luciano Aviello will be accepted.[10][11] Mario Alessi is a Sicilian bricklayer sentenced to life imprisionment for the murder of a child named Tommaso Onofri.[12][13] Sollecito's defense claims that Alessi will tell the court that while in prision with Rudy Guede he gained Guede's confidence and that Guede shared with him that the other killer was someone the police were completely unaware of.[14] Luciano Aviello a mobseter turned informant and under investigation for libel if allowed to testify is expected to tell the court that his borther and a unknown accomplise killed Meredith in a bungled burglary.[15] Aviello claims to have been given the murder weapon and Meredith's keys which he disposed of but has failed to disclose the location of.[16][17] The prosecution is not opposing the defense request for either witness.[18]

The defense request to allow three new witnesses who would testify about the shuttles to the disco was granted.[19][20] The witnesses are meant to refute testimony of Antonio Curatolo who testified that he saw Amanda Knox and Raffaele Sollecito meters from the crime scene on the night of the murder. Curatolo in his testimony mentions the shuttles to the discos and the defense wants to introduce evidence that those shuttles were not in operation on the holiday.[21]

In a related matter on two days before the court met on Thursday December 16th the Supreme Court of Italy confirmed the final verdict in the trial of co-defendant Rudy Guede.[22] Guede is the third person accused of participating in the murder. Originally Guede was sentenced to 30 years but that sentence was reduced to the same 25 years as Knox and Sollecito on appeal.[23] The Supreme Court confirmed that sentence and granted Guede the standard ⅓ reduction for taking the fast-track option making Guede's final sentence 16 years.[24] Guede's trial is important to Knox and Sollecito because the Supreme Court has now confirmed that Guede is guilty of killing Meredith with others.[25] The purpose of Knox and Sollecito's trial is to determine if those others are Knox and Sollecito. The Supreme Court's decision makes it very difficult for any court to return a verdict with a theory of the crime where Guede acted alone which is part of the motivation for the defense wanting to introduce the new criminal witnesses.

A final verdict in Guede's trial also raises speculation of whether he'll be called to testify before this court. During the Massie Trial Guede was called as a witness but he availed himself of his right to refuse to testify since his trial was still in progress.[26] The prosecution and civil parties asked to have Guede's police statements admitted as evidence but were opposed by the defense.[27]


January 15, 2011

Nothing significant happened in court. Stefano Conti and Carla Vecchiotti from La Sapienza University in Rome were officially assigned carry out the independent assessment of the bra clasp and knife DNA evidence but while not official that information was public last month.

The developments in the trial happened outside the courtroom with two unrelated arrests for drug dealing. First was Curatolo the homeless man who testified in 2007 that he saw Knox and Sollecito the night of the murder. The defense has requested and been granted the right to reexamine Curatolo's account of that night and he is scheduled to testify later in the year. The second set of arrests were reported by Corriere dell Umbria and related to and involve the arrest of three individuals for possession for the purpose of drug dealing. Aurelio Frioni the lawyer for one of the drug dealers told the newspaper that the investigation into his client was the result of his client being in contact with Amanda Knox and the presence of his phone number in her phone contact list.


March 26, 2011

The main waitress in today's session was Antonio "Toto" Curatolo a 53 year-old homeless man. Curatolo describes himself as an anarchist and a lifelong drug addict.[28] He was arrested a few weeks earlier for dealing drugs. In 2007 Curatolo told the court that he saw Amanda Knox and Raffaele Sollecito together on the night of the murder meters from the cottage where Meredith was killed.

Curatolo's testimony described people in costumes which the defense maintains was Halloween the night before the murder but Curatolo also insists that it was the night before the forensic police arrived so this is a contradiction in his testimony.[29][30] For Halloween Sollecito and Knox were nowhere near the piazza that Curatolo spends his time in so he could not have seen them on Halloween night.[31] Curatolo was asked several times if he was certain about what he saw and he said that he was.[32]

Curatolo also mentioned that the busses that shuttle students to the nightclubs were present but the defense has asked Hellmann to allow three witnesses who plan to tell the court that because of the holiday they did not run the busses that night.[33] The prosecution countered that by claiming that while many discos were closed and some choose to not have their shuttles others maintained the service so while there were fewer buses there were still some.[34]

Curatolo also mentioned that it was raining on the night he saw Knox and Sollecito in the square.[35] It rained on November 1st the night of the murder.[36]

Curatolo admitted to his drug use and stated that while he did not remember it was likely he was high in 2009 when he testified and also likely that he was probably high the night he saw the couple.[37] Curatolo nevertheless insists that he knows what he saw and that heroin is not a hallucinogenic drug so his drug use would not affect him.[38]


May 21, 2011

The court met very briefly to hear a request from Amanda Knox's lawyers to grant the two consultants an extra 40 days to complete their review of the DNA evidence.[39][40] The consultants report was originally due on May 9 but they told the court that they now need an additional 40 days. Carla Vecchiotti told the court that they now had everything that the needed but that there had been a delay in getting all of the documentation.[41] The court granted the request and the report is now due on June 30th.

In the meantime the court also rendered a decision on whether prisoners who claim to have information about the murder would be allowed to testify. Two new court dates were scheduled for June 18 and June 27 to allow for these witnesses that the defense requested at the commencement of the trial.[42] The witnesses include Luciano Aviello a mafia connected convict who claims that his brother is the real killer and Mario Alessi who kidnapped and killed a 17 month old child who will tell the court that Rudy Guede admitted to murder during a walk in the prison yard.[43]

Sollecito's lawyers also revealed to the court that they received a letter from a Tommaso Pace who made the ridiculous claim that Kercher was a heavy-drug user and that he had proof that two individuals were paid €100,000 to kill Meredith over her drug debts.[44][45] Pace claims that Guede, Knox, and Sollecito are all innocent.[46] [47] The court did not consider the letter reliable and these claims were never discussed again.


June 18, 2011

June 27, 2011

Rudy Guede

Spontaneous Declaration - Amanda Knox

Spontaneous Declaration - Raffaele Sollecito

Giacomoh Benedetti

Cosimo Zaccaro

Witnesses
Name
Description
Testimony
Transcripts
Zaccaro, Cosimo
Prisoner who testified about Luciano Aviello
Summary
English
Italian

Zaccaro was in prison for a variety of charges including drug, fraud, and theft.[48] His previous charges include three charges for slander that resulted in two convictions.[49] Zaccaro had originally met Aviello in the informants section of Ivrea prison in 1987.[50] He testified that Aviello had told him that he knew Alessi but he did not necessarily believe that was true and that Aviello was likely just bragging.[51] Zaccaro also testified that one day Aviello was crying which led to them talking.[52] Aviello confided in Zaccaro that Sollecito was paying him to testify at the trial and cause confusion.[53] Aviello told Zavvaro that he had been given €70,000 and that it was in a bank in San Paolo.[54] Zaccaro also testified that Aviello had a letter from Raffaele Sollecito thanking him for all he was doing for him.[55]

Alexander Ilic

Witnesses
Name
Description
Testimony
Transcripts
Ilic, Alexander
Prisoner testified about Luciano Aviello
Summary
English
Italian

Ilic testified that he met Luciano Aviello in the summer of 2010 at Ivrea prison.[56] Aviello had told him that he had met Raffaele Sollecito while at Terni prison and that he had since met with Sollecito's lawyer Giulia Bongiorno.[57] Ilic testified that Aviello claimed that the Sollecito's were paying him €158,000 to testify at the trial.[58] Aviello planned to use the money for gender reassignment surgery.[59] Ilic testified that Aviello had papers about gender reassignment and that he showed him one that had the signature of Raffaele Sollecito although Ilic did not know the exact content of the signed paper.[60] In addition Ilic told the court that Aviello had neckerchief that he said was a gift from Raffaele Sollecito and that Sollecito had sent Aviello books to study while in prison.[61]

Marco Chiacchiera

Witnesses
Name
Description
Testimony
Transcripts
Chiacciera, Marco
Police Officer Investigated Luciano Aviello
Summary
English
Italian

A police officer that investigated Luciano Aviello.[62] The testimony was short but Chiacchiera told the court two items that are of interest to the credibility of Aviello's claims. The first was Aviello's involvement in the murder investigation of mafia member Salvatore Conte. Conte had been killed by his own organization because he was considered a risk due to his cocaine addiction. The police had thought telephone intercepts figured out that the murder was committed by Marcelo Russo at the order of Salvatore Menzo.[63] In November of 2007 Luciano Aviello contacted Dr. Paci the prosecutor in this murder requesting that he be heard because he had relevant details.[64] In March of 2008 Aviello was interviewed by the police regarding Conte's murder and he told them a involved story including several additional murders and about a plot to kill a magistrate using explosives.[65] The police attempted to confirm Aviello's claims but that went nowhere. Aviello had told the police that two bodies were buried near a tree in a field but when the police excavated the field they found nothing.[66] Further, the story Aviello told them did not make sense given the location and how the murders took place.[67] A second attempt to confirm Aviello's claims resulted in Aviello being allowed out of jail for the day to lead police to another body.[68] Again Aviello was unable to produce a body to support his story.[69]

Chiacchiera also investigated Aviello with respect to his claims regarding the murder of Meredith Kercher. Aviello was a defense witness who claims that Amanda Knox and Raffaele Sollecito are innocent and that his brother killed Meredith in a botched art theft. Aviello claimed to be living in Perugia at the time and that fact is central to his story. Chiacchiera testified that he attempted to confirm Aviello's claims of living in Perugia at the time of the murder. Chiachhiera told the court that he was able to determine that Aviello had two cellphones at the the time but that neither of them had ever connected to a Perugia cell tower.[70] Chiacchiera also told the court that Salvatore Menzo the individual with whom Aviello claimed to be living was actually living elsewhere in Italy.[71] Lastly, Chiacchiera attempted to find anyone who had seen or interacted with Aviello in Perugia and was unable to find anyone who knew him.[72]

Monica Napoleoni

Witnesses
Name
Description
Testimony
Transcripts
Napoleoni, Monica
Police Officer - Investigated Luciano Aviello
Summary
English
Italian

Monica Napoleoni was also tasked with looking into Luciano Aviello's story that his brother and a unknown accomplice were the real killers. Aviello had said he was living at #11 Via della Pergola (the murder happened at #7 Via della Pergola) but when Napoleoni went to find #11 no such address exists and after checking with civic records that address has never existed.[73] Amanda Knox's lawyer Carlo Dalla Vedova pointed out that Aviello was not certain and that he had said it was perhaps #11.[74] Napoleoni told that court that she had checked all the neighbouring properties and Aviello had not been a resident at any of them.[75]

June 30, 2011

July 25, 2011

July 29, 2011

July 30, 2011

September 5-7, 2011

Negative Control Tests

Returning from the summer break the trial of Amanda Knox and Raffaele Sollecito for the murder of Meredith Kercher resumed with prosecutor Manuela Comodi requesting that the court accept documents related to the negative controls performed in the laboratory of Dr. Stefanoni.[76][77] The documents had previously been introduced during the preliminary hearing in October of 2008.[78][79]

The defense lawyers for both Amanda Knox and Raffaele Sollecito opposed the court accepting the negative controls despite having requested the court force the prosecution to produce them at the end of the July 30th session.[80][81] The request was rejected by Hellmann.[82] Della Vedova for Amanda Knox argued that the production of the documents now just shows how the prosecution has withheld documentation from the defense.[83] Bongiorno (representing Sollecito) opposed the court accepting the documents on an argument that the appointed experts based their evaluation of the forensic work on the documentation not being present and so it can not be introduced into the court now after a three year delay.[84][85] The defense had maintained that the negative controls were never done which is why the documentation was never provided but it is now established that the documentation was deposited with the court in October of 2008.[86][87]

Carla Vecchiotti

Having testified before the summer break the court had run out of time so the cross-examination of Vecchiotti by Francesco Maresca representing the Kercher family resumed where the court had left off in July.

Regarding the knife Vecchiotti reiterated that the quantity of DNA was insufficient to trust the result and further that the test was not repeated and that repeatability of the data is an essential element.[88] According to Vecchiotti the low quantatity of DNA and the inability to repeat the test precludes the possability of being certain in the identification despite the profile being Meredith Kercher's complete profile.[89]

In response to a question Vecchiotti crossed the line from arguing that the DNA in this investigation was unreliable to saying that DNA as a science used for investigation is unreliable. Asked if the profile on the bra clasp was that of Raffaele Sollecito Vechhiotti responded that the DNA on the bra clasp was a match to several people including her own.[90][91] According of Vecchiotti she could the results from the bra includes nine loci corresponding to her profile.[92]

Hellmann deferred to later the decision on whether he would allow the documentation of the negative controls to be accepted by the court again.[93]

Dr. Patrizia Stefanoni

Dr. Stefanoni took to the stand to defend her scientific work on the investigation into the murder of Meredith Kercher. Addressing the issue of contamination Dr. Stefanoni explained that contamination is not just something you can claim in the abstract. Stefanoni explained that there are procedures in place to prevent contamination and that those procedures were followed in this case. Stefanoni told the court that she wor anti-contamination equipment when examining the DNA evidence.[94]

Stefanoni maintains that contamination is not possible in this instance. Addressing the issue of Sollecito's DNA on the bra clasp Stefanoni explained that 133 DNA traces were identified with 89 of those being obtained for Kercher's bedroom and none of Sollecito's DNA was found in any of those samples.[95] The only sample sample of Raffaele's DNA was a mixed sample with Amanda on a cigarette butt located in the kitchen.[96] That DNA could not have been transfered to the bra clasp without also transfering Knox's DNA.[97] Addressing specifically the claim made by Conti and Vecchiotti that the DNA on the bra clasp could have come from dust Stefanoni responded that dust lands everywhere and Sollecito's DNA was only found on the clasp of the bra the victim was wearing when murdered.[98] Stefanoni also questioned the claim that a profile can be extracted from dust and told the court that of all the samples analyized none contained the DNA of the other two girls living in the house with Amanda Knox and the victim.[99]

Addressing the issue of contamination in the laboratory Stefanoni told the court that twelve days had passed since anything with Sollecito's DNA had been tested and the testing of the bra clasp.[100][101] Likewise for the knife six days had passed since the last item with Kercher's DNA was tested.[102][103]

Giuseppe Novelli

Professor Novelli a professor of genetics at the Tor Vergata University in Rome who is called upon as an expert witness by the prosecution challenged the conclusions of Conti and Vecchiotti who claim the results of the forensic lab are unreliable.[104]

Professor Novelli also contradicted Conti and Vecchiotti on the ability to test samples found on the knife. Conti and Vecchiotti maintain that the samples cannot be tested but Novelli told the court that it is possible to analyse even lower amounts.[105] Novelli told the court the opinion of himself and other experts is that it is not the quanity of DNA that matters but the quality.[106]

Novelli address and excluded the issue of contamination of the knife and bra clasp. Novelli told the court that to claim contamination one must propose both a source for the DNA and a method by which the DNA was transferred to the item being tested.[107] Novelli specifically addressed the issue of laboratory contamination by telling the court that hundreds of items for investigations unrelated to the Kercher murder had been tested in the days that elapsed between testing of the two items in question and that an examaination of those results did not reveal a single example of any result with characteristics compatiable with either Kercher or Sollecito.[108]

Adriano Tagliabracci

Tagliabracci focused on the six week delay in collecting the bra clasp arguing that the mere fact that the clasp lay uncollected for six weeks make it unreliable.[109]

Prosecution Request For A DNA Review

Hellmann rejected a request made by Prosecutor Comodi that a third review of the DNA evidence be undertaken. [110][111]

Comodi raised doubts about how objective the report filed with the court by Conti and Vecchiotti really was.[112] The prosecutor described the Conti-Vecchiotti report as "hopelessly flawed" and asked the Court to order the analysis of the DNA traces on the knife that Conti and Vecchiotti had refused to analyze.[113] Comodi also argued that the appointed reviewers had not accomplished the task put forth before them by the court.[114] The task of independent experts is to give decision makers certainty and establish the truth but Conti and Vecchiotti talked about how "anything was possible" which is not the role of appointed experts.[115]

The court agreed with the defense and considered a third review "superfluous" so rejected the prosecution request.[116]

Request to Recall Aviello Luciano

Hellmann rejected a request made by the prosecution to recall witness Aviello Luciano who testified before this court in March.[117] Since his testimony Aviello has made allegations that he was paid money by Sollecito's family to give false testimony.[118] The request was opposed by the defense who argued that Luciano had been considered a unreliable witness by the prosecution earlier that year. The court agreed with the defense.[119]

September 23-24, 2011

September 26, 2011

September 27-28, 2011

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  94. Staff Processo Meredith - Si ritorna in aula per il processo d'appello (aggiornato) Umbria Left Sept 5, 2011
  95. Staff. Possibile nuovo esame tracce coltello La Gazzetta del Mezzogiorno Sept 6, 2011
  96. Staff. Possibile nuovo esame tracce coltello La Gazzetta del Mezzogiorno Sept 6, 2011
  97. Staff. Possibile nuovo esame tracce coltello La Gazzetta del Mezzogiorno Sept 6, 2011
  98. Staff. Possibile nuovo esame tracce coltello La Gazzetta del Mezzogiorno Sept 6, 2011
  99. Staff. Possibile nuovo esame tracce coltello La Gazzetta del Mezzogiorno Sept 6, 2011
  100. Staff Delitto Meredith: "Nessuna contaminazione sul coltello" Il Tempo Sept 6, 2011
  101. Staff. Possibile nuovo esame tracce coltello La Gazzetta del Mezzogiorno Sept 6, 2011
  102. Staff Delitto Meredith: "Nessuna contaminazione sul coltello" Il Tempo Sept 6, 2011
  103. Staff. Possibile nuovo esame tracce coltello La Gazzetta del Mezzogiorno Sept 6, 2011
  104. Staff. Possibile nuovo esame tracce coltello La Gazzetta del Mezzogiorno Sept 6, 2011
  105. Staff. Possibile nuovo esame tracce coltello La Gazzetta del Mezzogiorno Sept 6, 2011
  106. CNN Wire Staff. Experts argue over DNA evidence used to convict Knox CNN World Sept 6, 2011
  107. Staff. Possibile nuovo esame tracce coltello La Gazzetta del Mezzogiorno Sept 6, 2011
  108. Staff. Possibile nuovo esame tracce coltello La Gazzetta del Mezzogiorno Sept 6, 2011
  109. Nadeau, Barbie. Knox Appeal Down to the Wire The Daily Beast Sept 06, 2011
  110. Staff. Meredith, Corte dice no a nuova perizia Dna, nuova udienza il 23 TM News Sept 7, 2011
  111. Staff. Meredith, la Corte dice no a nuove perizie. Chiuso il dibattimento, si va verso la sentenza Umbria 24 Sept 7, 2011
  112. Staff. Meredith, la Corte dice no a nuove perizie. Chiuso il dibattimento, si va verso la sentenza Umbria 24 Sept 7, 2011
  113. Staff. Meredith, la Corte dice no a nuove perizie. Chiuso il dibattimento, si va verso la sentenza Umbria 24 Sept 7, 2011
  114. Staff. Meredith, la Corte dice no a nuove perizie. Chiuso il dibattimento, si va verso la sentenza Umbria 24 Sept 7, 2011
  115. Staff. Meredith, la Corte dice no a nuove perizie. Chiuso il dibattimento, si va verso la sentenza Umbria 24 Sept 7, 2011
  116. Staff. Meredith, la Corte dice no a nuove perizie. Chiuso il dibattimento, si va verso la sentenza Umbria 24 Sept 7, 2011
  117. Staff. Meredith, Corte dice no a nuova perizia Dna, nuova udienza il 23 TM News Sept 7, 2011
  118. Staff. Meredith, Corte dice no a nuova perizia Dna, nuova udienza il 23 TM News Sept 7, 2011
  119. Staff. Meredith, Corte dice no a nuova perizia Dna, nuova udienza il 23 TM News Sept 7, 2011