Monica Napoleoni's Testimony (Hellmann) (English)

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Summary of Monica Napoleoni's Testimony

  • Monica Napoleoni was tasked with investigating claims made by Luciano Aviello that he lived in Perugia at the time of the murder and that his brother and an accomplice killed Meredith in a bungled art theft.
  • Aviello had testified that he lived at 11 Via della Pergola but no such address exists or has ever existed. Further, none of the streets connecting to Via della Pergola have a number 11.
  • Carlo Dalla Vedova for Amanda Knox reminded Napoleoni that Aviello had said "perhaps number 11" and asked if any of the other properties were investigated. Napoleoni responded that they were and that Aviello did not live at those either.
  • Napoleoni testified that there was not record of Aviello or his brother ever living in Perugia. That the claim that Aviello was staying at a property made available to him by Salvatore Menzo was false.
  • Napoleoni testified that Aviello was also involved in the false collaboration of some other murders which occurred around the same time and that collaboration had him living somewhere else.
  • Napoleoni testified that efforts were made to find the brother but that he could not be found.

Monica Napoleoni's Testimony

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

Translation of Napoleoni'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
CPH Claudio Pratillo Hellmann Judge Presidente
GM Giuliano Mignini Prosecutor Pubblico Ministero
MN Monica Napoleoni Witness being questioned
GC Giancarlo Costagliola Prosecutor Procuratore Generale
CDV Carlo Dalla Vedova Knox defense lawyer Avvocato
WITNESS DEPOSITION – MONICA NAPOLEONI

Presiding Judge-CPH: Dr. Napoleoni already made her personal details available the previous time, we already have her particulars, therefore let us hear the questions. Please go ahead Public Prosecutor.

GM:
You are director of the homicide Section of the Flying Squad?
MN:
Yes of the Perugia [“Questura”] Police Headquarters.
GM:
Listen, you carried out investigations on the “calunnia” proceedings against Luciano Aviello in detriment of his brother?
MN:
Yes.
GM:
Right, what did you verified? Later we’ll go into it in more detail.
MN:
We did verifications, Mr. President, concerning Aviello’s alleged place of residence here in Perugia and we did checked since he’d declared of having lived at number 11 Via della Pergola and as opposed the [95] street number 11 in Via della Pergola doesn’t exist, not even in adjacent streets, and he has never, does not appear from the files of the City Council nor from our office files that he’s ever lived in Perugia or ever having had a place of residence here.
GM:
Listen, so does it seem to you, I want to be more precise, if Aviello had lived-in concomitance in Perugia, in November 2007 in a house made available by the ex-collaborator of justice Salvatore Menzo?
MN:
Absolutely not.
GM:
Listen, the brother of Luciano Aviello, Antonio, have you found him? Have you carried out investigations on…
MN:
Yes we did carried out investigations even in Naples where he had the last residence but the current state is untraceable.
GM:
Then he has not been tracked.
MN:
No never.
GM:
Do you know if Antonio, that is the brother of Luciano Aviello, has lived in Perugia?
MN:
No never.
GM:
Listen, have you [all] done investigations over the other circumstances suggested by Luciano Aviello about the existence of the keys and the existence of the knife that would have been hidden somewhere…
MN:
A sure location was never given; nothing certain was ever said in this regard.
GM:
Then he’s never indicated a precise place.
MN:
No.
GM:
Listen…
MN:
Also because he kept saying next to the house where he lived in Via della Pergola, when he has not ever lived there.
GM:
Listen, Via della Pergola 7, the following number in Via della… there’re houses, continuing from… what is the direction of the street numbers?
MN:
It seems to me that it is the 10 and another street number however 11 doesn’t exist.

[96]

GM:
And these numbers are in the direction, in which direction? Bulagaio, practically in Ponte Rio or in Sant’Erminio?
MN:
No, I think going up.
GM:
Then is toward Sant’Erminio direction.
MN:
I think so yes.
GM:
So in Via della Pergola there is the number 7, then…
MN:
However not even the streets, lets say those adjacent ones, Viale Sant’Antonio and Via Scortici neither of those have the street number 11.
GM:
The via [road/street] that is, going down it is a crossroads, no? To the right it goes toward the house of Via della Pergola…
MN:
Yes.
GM:
… to the left it goes towards Ponte Rio, that road what is it call?
MN:
I don’t remember now.
GM:
You don’t remember.
MN:
No I don’t remember which one it is.
GM:
However the number 11 is further…
MN:
In any case it doesn’t even exist on the adjacent roads, no.
GM:
The numbers following No. 7 are going towards Sant’Erminio and not from the other side.
MN:
Yes.
GM:
I have no more questions.
GC:
Excuse me Dr, you said that practically no credibility was given to Aviello’s statements with regards to the keys and the knife because he was not reliable. Because he was not credible he included himself [in the story]. Would you kindly recap what were the elements whereby you concluded that Aviello was not living in Perugia at that time period? [97]
MN:
Look, there was an investigation that I believe Dr. Chiacchiera referred to it before, in which Luciano Aviello had falsely pretended to collaborate for some other murders that is why we knew anyway that in that time frame period he was not in Perugia among other similar things. I personally didn’t take his statement though I knew of it, but I know he declared that those were hidden in a wall behind his home in Via della Pergola and this I did verified myself with the Perugia Council, it’s not true, the house does not exist and place of residence doesn’t exist, he was never here at that time nor ever really.
GC:
Hence why you didn’t go looking. All right thank you.
CPH:
Questions?
CDV:
President, just one clarification. Listen. Dr. Napoleoni, you did go to look for number 11 Via della Pergola, but why the 11?
MN:
Because I got an investigation warrant.
CDV:
Can you explain?
MN:
I put into effect the [“Delega di Indagine”] investigation warrant issued by the Public Prosecutor.
MN:
And do you know how come it is the 11? That is written in this warrant?
MN:
Evidently… I don’t remember now.
CDV:
Where does it come from that Aviello stayed at Via della Pergola 11?
MN:
I was given a warrant asking me to do this, now if you want I can look through the files.
CPH:
Do look if it helps you to remember.
CDV:
Because you just said that there are other civic numbers at Via della Pergola.
MN:
Yes.
CDV:
Up to No. 10 you said.
MN:
Yes but are all staggered, nevertheless the 11 does not exist. [98] ((MN: reads warrant)) “Please proceed to make enquiries towards verifying if the civic number 11 exist in Via della Pergola and if the person being investigated had in any way ever lived in Via della Pergola. This warrant is extended to all operations”.
CDV:
You…
MN:
If you want me to I can read out all the civic numbers that there are.
CDV:
No, I wanted… are you aware of the investigative activity made by this defence team in March 31 2010? With taking of a verbal, statement at the Ivrea prison?
MN:
Yes afterwards I was aware of that.
CDV:
Do you know that in this statement its written “perhaps is the number 11” when Aviello is referring to the house number?
MN:
Afterwards I was aware of that yes, I was aware of that after.
CDV:
And did you do any other investigating activity around number 10, the street house number 10, 8, 7?
MN:
I’ve done other investigations and Luciano Aviello has never lived there.
CDV:
The houses you visited I presume, since you did the investigation, do they have a wall, a garden and the gravel stones?
MN:
Well, some have walls, some have gardens, some have gravel stones and some have tarmac, rather like all in the Perugia roads.
CDV:
If I show you an aerial photo of Via della Pergola, where there seems to be also houses, especially in number 9 and 10, which could in some way be similar to the description of Aviello…
CPH:
But she’s answered your question Counsel.
CDV:
I wanted to know, did you checked those houses?

[99]

MN:
President, it was done… if you want I can read out the civic records, however I did make the enquiries and in any case he did not lived there.
CDV:
Then I’ll ask you a precise question, is a bit like the one asked by the Prosecutor, in relation to the circumstance referred by Aviello that he knows where the murder weapon can be found and the keys, which he says of having concealed it in a stone, inside a house, located in Via della Pergola and so he remembered it was number 11 but was not sure, did you carried out specifically activity to try and find that stone in that house?
MN:
Then…
CDV:
Irrespective of, civic records?
MN:
… we haven’t done, President, activity specifically on this point because he already set-away from the start to make false declarations which anyway he never gave account of those to me.
CDV:
Thank you.
GM:
At this point I request that the result of the investigation warrant dated 24 November 2010 to be admitted as evidence, from which it proves that Aviello was never registered, that the number 11 Via della Pergola does not exist as indicated by Aviello in the verbal statement, and that Aviello has no ever lived in any other house numbers in the street mentioned neither seems to have ever been registered in the registry office of the Perugia City Council.
CPH:
Yes all what you just said, therefore you can safely lodge that.
CDV:
President, among other things I think that in the documents lodged last Monday there are already extracts on this point. Therefore I have a request…
CPH:
This I can’t really tell you but don’t seem to me very relevant documents therefore let’s admit these and that’s the end. Thank you Dr. Napoleoni you can leave.

[100]

GC:
President we need just a moment to go over the point of the dates we are committed?
CPH:
Indeed. So, we should have July 25 as the next court hearing, however as long as the [scientific] experts lodged in their work.

[Background voices]

CPH:
So I’ll say we could do July 25, we then go on to Saturday 30, we had in mind also the first of August but for this purpose as you all know there has to be a waiver expressed.

Raffaele Sollecito: I’m always available for anything that is I’m always willing so first we do… I renounce the terms of suspension.

Amanda Knox: I also renounce the terms of suspension.

Civil Party Counsel F. Maresca: Excuse me President, we could formalize now the calendar we had or shall we formalize it on the first of August?

CPH:
On my part yes but if some of you need to consult your own diaries at the law offices etc, let’s say as a rough guide the first ten days of September to lay out closing arguments, like we already said, and then about the 22, 23 of September etc we’ll have the counter-reply, around the last part of September we’ll be doing counter-arguments, the exact days to be confirm on 25th or 30th July.

The End