Day 2

Day 2; October 4th, 2013

“No one has ever claimed that I was ever taking part in deviant sexual activity.”― Amanda Knox on whether she would return to Italy to face trial

The press reaction to the first day brings this report from CBS News:

‘But now, the Italian Supreme Court thinks trace 36-I should be front and center in the new trial that started today. And that could make things very interesting. Italian writer Luca Cheli made an important point about trace number 36-I in Wrongful Conviction News in August. Cheli reminded his readers that the Supreme Court’s decision in March declared that the result of any new test on 36-I would not only be significant, it would be “decisive”. The be all and end all so to speak. Game, set, match.

So, following the path of the Supreme Court’s “decisive” dictate, if trace 36-I contains Meredith Kercher’s DNA, the new trial is all but over, the two defendants are once again found guilty. But conversely, if trace 36-I has no Meredith Kercher DNA, Knox and Sollecito have, what should be a hands-down argument courtesy of the Italian Supreme Court, “if 36-I doesn’t fit, you must acquit”.’

Knox’ supporters are hopeful because the sample is LCN (low copy number) and ‘trace 36-I is just 120 picograms; one pictogram is a trillionth of a gram’.

One of the most strident, Candace Dempsey has reported, ‘the experts found neither blood nor the victim’s DNA on it–only what appears to be starch from rye bread’. [Seattle PI]

This was Conti and Vecchiotti’s claimed reasoning for not carrying out the test in Hellmann’s court.  They were rapped by the Chieffi Supreme Court for not making an application to the court to get permission to ignore the sample.

The knife is not the sole evidence, of course, but this is what grips the imagination of the press.  There is the suspicion that Conti and Vecchiotti did not carry out the test, because of fear of what they might find.  The pair have made no secret of the fact they are pro-defence, despite being appointed as ‘independent’ expert witnesses.  They accused the cops of harassing them during the Hellmann appeal for trying to conceal a DVD they were making for the defence.  Dempsey claims:

“According to university sources who witnessed part of the event the cops were sent by the Procura of Perugia (ndr., prosecutor’s office), and ordered  Conti and Vecchiotti to hand over the DVD containing the presentation with which yesterday the two scientists had explained in their report in court.”

Since the cops didn’t have warrants, the experts didn’t hand over the DVD. Instead, they dialed Judge Hellmann for support. He made a copy available to the prosecution.’

Day 2, 4 Oct 2013, top of the bill then, is the testing of what has come to be known as the ‘Double DNA Knife’. The two RIS [Reparto Investigazioni Scientifiche] experts appointed by the court, Major Andrea Berti and Filippo Barni to test the DNA as directed in Day 1, are mandated to test sample 36-I and to deliver their results by 6 Nov 2013.

Next on the schedule is the appearance of Luciano Aviello.  When he does turn up, he is dressed in women’s clothing and now wants to be addressed as ‘Lucy’.  As a vaguely entertaining side show, there is not much point in dwelling on his testimony, in which he again affirms Knox and Sollecito ‘innocent’ and that his brother Antonio was the real perpetrator.  The following anecdote is relayed by TMOMK:

Judge Nencini seemed dismissive and mentioned Aviello’s “three versions” of his story: Knox’s lawyer, Dalla Vedova, objected on the grounds that there have only been two versions. Nencini smiled and said: “Don’t forget the next!”

What is interesting about Aviello is his link to Sollecito, who writes in Honor Bound that he sent Aviello an embroidered handkerchief in jail as a gift.  Aviello, somewhat of an exhibitionist, had also claimed the Sollecitos had offered him €30K for his testimony.  A fantasist, his testimony is easily dismissed, without much comment.

Bongiorno tells the court that her client would like to make a spontaneous declaration.  However, Sollecito still appears to be on holiday, so no-one knows when this will be.

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