The Nencini Papers

nenciniDay 10

Day 10, 20 January 2014

A pranknoun

  1. 1.

a practical joke or mischievous act.

“the tapestry was stolen as part of a drunken student prank”

synonyms: practical joke, trick, mischievous act, piece of mischief, joke, escapade, stunt, caper, jape, game, hoax, antic;

 

Amanda Knox has made a startling confession during in the eleven-day interim since the last session.  She has written a blog boasting that she once staged a break-in.

“She admitted that the hazing prank, played on her flat-mates at the University of Washington, involved messing up the flat and hiding things to make it appear as if items had been stolen.

She says she caused ‘distress’ to the victim and was ‘forced to apologise’.

There is still a closing submission due from Sollecito’s other lawyer, Luca Maori.  Present is Sollecito.  Absent are Bongiorno and Lumumba, a civil party.  9:30 sharp and “No-Nonsense Nencini” (Niente Sciocchezzi Nencini) runs a tight ship, conscious of time and good order.

Maori claims the murder weapon is not the so-called Double DNA knife as the wounds are not compatible with it.  In addition, Sollecito’s boxcutter knife that he always carries with him, is not, either.

Meredith was killed at 9:00 pm, whilst he or Knox provably was at home at that time.  The bathmat footprint is not Sollecito’s.  One by one he refutes all of the prosecution’s evidence:  the window shutters were open, the intrusion through the window was not staged, the stone was thrown from the outside, and his key note is “Rudy is the sole assassin”.

He argues the computer evidence is wrong and that Sollecto manually download the Naruto film at 21:26, after putting the film ‘Amélie’ into a folder at 21:10.  The forensic IT experts had claimed the download was a file sharing peer-to-peer which needed no human interaction at Sollecito’s end.

He attacked witnesses Curatalo and Quintavalle as ‘unreliable’, as well as Giofredi ,who had claimed to have seen Meredith with the three others, in a group of four.

At 11:30 Bongiorno arrives with her three assistants.  In the meantime, Maori attacks the ‘changing motives’.  The only things certain are the presence of Rudy guide in the house that night, and the death of Meredith Kercher.

After a break, it is time for Prosecutor Crini to make his rebuttals.  He sets out Sollecito’s sidetracking of the investigation.  He affirms that Postal Police Officer Battistelli arrives ten minutes before his car, on foot, at 12:35.  This is the time he recorded on his report, lodged the same day at the police station.  Sollecito’s phone calls, to his sister and the police at 12:51 and 12:54, respectively, were ‘too late’.  He denied the CCTV time was seven minutes slow, as claimed by the defense.

About Guede’s knife wounds to the hand, Crini says there was no sign of any of Guede’s blood at the crime scene, and in any case, as he knew the house, having visited more than once, he would have made a more logical entry.

He states that Boemia and Rinaldi used compatibility measurements, whereas Vinci was ‘just conjecture’.  The former were objective as they identified the footprint thought to have been Sollecito’s to Guede.

He refutes Maori’s ‘alibi theory’ regarding Curatalo, failing to quote his testimony that refuted Sollecito’s alibi.  He cited the expert computer witnesses of 14 Mar 2009 and December 2010 who found no computer activity, as claimed.

There was no contamination at the scene and he was pleased the defence no longer claimed contamination in the laboratories.  Professor Novelli had ruled out tertiary transfer of DNA in situ.  Arguments about Low Copy Number DNA were rendered obsolete by the RIS.  He turns to the Conti-Vecchiotti reports and points out straw man use of ‘only’ and their reasoning  à priori, they failed to look at X- and Y-haplotypes together.

 

Vecchiotti admitted there was a scratch on the blade of the imputed murder weapon.

 

Bongiorno had said the crime scene was ‘flooded’ with Guede’s DNA.  Crini points out that the indications were Guede had free hands and no weapon.  He objected to Vinci’s claims about the small footprint, which Boemia had attributed to a ‘ladies size 36 – 37’, as being Guede’s footprint on a folded part of the pillow case.  The print was ‘too small’ to be Guede’s.

 

No fight wounds, no defence wounds, no material under the fingernails.  Forced restraint, evidence of two knives.  Compatibility with Sollecito’s footprint on bathmat and between the knife outline on the sheet and Sollecito’s kitchen knife.

 

He says a lack of motive does not mean proof of innocence.

 

Bongiorno had called all the English girls ‘unreliable’ because they were English and had been coached by the lawyers.  This, Crini avers, is a weak claim by the defence as it is well-documented elsewhere that there were tensions in the cottage.  John Kercher backed up a claim Meredith told him she had an argument about Knox’ lack of cleanliness.

 

He finished by urging the court to convict the pair and to take precautionary measures to ensure they serve their sentence, such as the removal of Sollecito’s passport, house arrest or immediate detention.

 

Next up is Pacelli again for Lumumba. “There was no idyllic relationship between Amanda and Meredith, they could not stand each other”

 

He claims Knox named Lumumba as a substitute for Guede.  Nencini cut him short, advising him he was only there to talk about the calunnia, and not the murder.  Pacelli promised to finish in five minutes.  His client had still not received the €22K ordered against Knox. He ends by urging the court to convict, calling her, ‘Amanda Knox the liar, the diabolical slanderer.’

Next, is the turn of the Kercher’s civil lawyers, Fabiani for Meredith’s brother, Perna for her sister and Maresca for the family, reaffirming what they said earlier in the hearing.

 

Maresca makes headline news by averring that Perugians were angry with Hellmann’s acquittal because it was ‘scandalous’ and ‘had been decided in advance’.

 

Next it is the turn of Sollecito’s sub-lawyer, who is reprimanded by Nencini for straying into bringing up new issues when the topic was rebuttals.  Sollecito did not lie to the police as it was true the crime was committed by Guede, who broke the glass and climbed in.  The scene was contaminated, there was no Kercher DNA on the bra clasp with Sollecito’s.  Nencini booms, ‘No!’ when the junior lawyer tries to introduce the topic of wiretapping of Sollecito’s family.

 

The court is adjourned at 6:00 pm.  The next hearing is listed for 30 January 2013, when Knox; lawyer will put his closing rebuttals, followed by the two appointed judges and six lay judges retiring to make their deliberations.

 

Media reaction from The Daily Beast has the following reaction:

 

Conventional wisdom in Italy, based on how presiding judge Alessandro Nencini has been ruling so far and how the high court ruled on the acquittal, is that Knox and Sollecito stand a good chance of having their murder convictions upheld.

 

 

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