WHO WILL STOP THE TANKS?

“Every man must decide whether he will walk in the light of creative altruism or in the darkness of destructive selfishness.”

--Martin Luther King, Jr.
Days before the horrible shots rang out, thousands of Chinese who sought nothing more than freedom converged on Tiananmen Square in Beijing to demonstrate for, among other things, the freedom to speak. They knew what they risked that warm June in 1989; it wasn’t police who showed up to disperse the group, it was soldiers and tanks. But the demonstrators did not disperse. In the end, hundreds or even thousands of these brave souls were shot and machine-gunned into silence. One man, however, galvanized the world with his selfless resistance. He will forever be known as “The Tank Man.” The photo of this man standing in front of a line of tanks, stopping their advance on the Square, somehow made everyone in the world a little stronger and braver.

The bravest people in the world are rarely found in governments, in the courts or even on the legal bench. The people who reside in such places are often those who have become most adept at swinging deals, of “give and take” and of compromise. No, the bravest men and women are most often found in Gulags, North Korean labor camps, or Chinese reeducation “centers.” Or in front of firing squads—or tanks. These people are in those places not just because of what they said, but because they refused to ‘unsay’ it. Most could have capitulated and remained, if not free, at least safe.

Like millions of people throughout history who refused to betray their faith, their ideals or their countrymen, they knew that when you betray the truth, you betray not just yourself, but all those who share that truth and have fought for it shoulder to shoulder with you.  They echo the truth spoken by Benjamin Franklin two hundred years ago; 
“He who would trade liberty for some temporary security, 
deserves neither liberty nor security.”
I would add:
 “He who would trade anybody else’s liberty for some temporary 
security, deserves neither liberty nor security.”
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From newspapers, from op eds, from Italian victims and from international judicial review bodies we hear that there is tyranny today in Italy and it resides in the judicial system. This is the same system that recently sentenced six seismologists to prison for failing to predict an earthquake—a feat that science still regards as impossible. 

This is the same judicial system that exonerated a man for the rape of an 18 year old girl because she was wearing tight jeans, which the court opined could not have been removed without the girl’s assistance. Therefore, the rape, I mean sex, had to be consensual. This was the decision of the Italian Supreme Court, not a college fraternity ethics committee. The decisions of the courts, the inconceivable reasoning, and the contorted logic validates the general perception that the Italian judicial system is largely an archaic, byzantine, misogynistic 'good-old-boy' network which depends on coercion, superstition and political deals to achieve their ends. Few people with knowledge of the Italian system (and who are not a part of it) would dispute that statement. There are, of course, notable exceptions and honorable judges, but as a rule, ‘Italian justice’ is a contradiction in terms. It remains that way because nobody has yet stood in front of the tanks.

It is not politically expedient for the Italian judicial system to endorse the truth of Amanda Knox and Raffaele Sollecito’s innocence, because it will expose police and judicial misconduct, perjury, and evidence tampering. It will, they believe, embarrass “the system,” and hurt national prestige. (Not realizing that their current strategy is devastating their global credibility.) While Knox remains safely (or so it is hoped) ensconced in a country where evidence and rule of law win out in the vast majority of cases, Sollecito remains under Italian control, awaiting his fate. And Sollecito is apparently the system's best hope of saving face.

Sollecito has, of course,  steadfastly held to the truth that he and Amanda were together the night that burglar Rudy Guede slaughtered Meredith Kercher, stole her money, keys and phone, then danced and bought drinks with her money until 4:30 a.m. before fleeing  to Germany—again using Meredith’s money. The Italians need Sollecito to say Amanda wasn’t with him the night of the murder; or have him at least allow the possibility she might not have been with him. Though he has steadfastly stated that she was with him, it seems like so little to ask. But it could steal twenty two years of an innocent woman’s life.
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During four years in prison, Raffaele never wavered in his dedication to the truth and to his and Amanda’s innocence. This was bravery, this was honor. After his exoneration, Raffaele co-wrote a book entitled “Honor Bound,” in which he defined his unfailing defense of Amanda and the truth as “honor” in the face of extortionate pressure to change his story. The pressure came both from the Italian judicial system and his family to turn on Amanda and lie; destroying her “alibi” in return for his freedom. According to Raffaele's own book, since the first days of the horrible case, his family has chosen the easy way out--capitulate to the corrupt prosecution, perjure yourself and escape.He never did so. I have always admired him for that and always will.

While working on “Honor Bound,” Raffaele stayed in my home with my family and me for a short time. He is a delightful, gentle, intelligent young man and we enjoyed his visit, as well as visiting with his family. At that time, we thought the horrendous ordeal was over and that tyranny had been held at bay by truth, honor and bravery. But now the Sword of Damocles over Raffaele’s head has returned. In a stunning move, the Italian courts overturned the innocent verdicts of Sollecito and Knox (something legally impossible in most western or  otherwise civilized nations), and are now -- according to well-placed sources--pressuring Raffaele to separate his defense from Amanda’s. The purpose is obvious; once separated, they can use Raffaele against Amanda. And this time, there are indications that Raffaele’s strength to resist may be waning. After all this time, why lose courage now? I might have an insight.

In 1996, I was diagnosed with cancer. I went through a year of particularly rigorous chemotherapy that was almost miraculously successful. In the years that followed, though, I had to face the threat of possible renewed chemotherapy, and not once did I believe I had the strength to go through it again. Returning to chemo is much more psychologically difficult than starting it the first time—because after the first time you know what you’re in for. I decided that the only reason I would endure chemotherapy again was for the benefit of my family. Returning to prison is likely the same. What was “doable” for Raffaele once, is likely inconceivable to him now. 

Now, many in Raffaele’s family, two aunts and a sister in particular, have turned on Amanda (and her supporters) with inexplicable malice and ignoble vitriol, apparently in hopes of trading the freedom of their innocent loved one for the freedom of someone else’s innocent child.   Raffaele remains largely silent in Amanda’s defense and the defense of his own supporters against the lies of his family, and one wonders whether he has the strength left to continue to fight the tyranny of the Italian judicial system or his family.  Ironically, the women in Raffaele’s family seem to have taken control of him, while simultaneously complaining that he was easily manipulated by a woman.

Certainly, though my wife, my family and I have suffered dearly as a result of our defense of Amanda and Raffaele, I cannot claim to have as much at risk as he does. I am often asked what I would do if I was in his situation. I can tell you truthfully that I don’t know. But I can tell you equally truthfully that I know what “right” is, and what I hope I would do: Fight the tyranny, not just for himself, not just for Amanda, but for the hundreds and thousands who come after him. Raffaele was incarcerated partially because in the decades before his unjust persecution, others capitulated rather than risk the consequences of fighting the tyranny—and they bear partial responsibility for what happened to him. Absent adherence to what is right, the tyranny gains strength from the capitulation of others. It is a vampire which feeds on fear.
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But really, the question of what I or anybody else would do in the same situation is a red herring. It’s a misdirection intended to change the subject from the topic of “what is right,” to “what is excusable.”  The difference between the two is immense. Ultimately, one doesn’t have to be in someone’s shoes to know what is right or wrong. In fact, frequently, being a healthy distance away endows one with a clearer vision of right and wrong. When the Titanic was sinking, some men dressed as women to board life boats. At the time, some men were able to rationalize that atrocity. Whether or not others would have done the same thing has no bearing on whether the act was right or wrong.

We build monuments to those who stand up to tyranny and injustice. We do so not simply in admiration of their character but because they made the world better. These are people who went to jail—or died, because they refused to be complicit anymore in the tyranny and injustice under which they were forced to live. Rosa Parks, Gandhi, Martin Luther King, Nelson Mandela, are among that group.  No monuments are raised to those who capitulate. Their memory lives on only as cautions against human failure.

Whether Italian judicial pressure and the threat of more than twenty years in prison ultimately causes an innocent man to implicate an innocent woman in a crime with which neither had anything to do, remains to be seen. But if it happens, it doesn’t change the truth, it simply weighs Italy’s justice system a little lower in the muck.  In 1968, Martin Luther King was assassinated because of his fight for freedom and equal rights for African Americans. The year he died, he summed up his decision not to accept injustice; 

“A nation or civilization that continues to produce soft-minded men 
purchases its own spiritual death on the installment plan.” 
When a person capitulates to save themselves from incarceration, only half of that person remains free. That part of themselves that houses weakness and self-interest escapes prison and remains with them forever. Their courage and their ideals, however, hear the doors to the prison clang behind them, never to return. In nations where this is allowed to happen, the innocent fill the prisons, and the guilty roam the streets. Still, I do not believe Italy has any intention of imprisoning Sollecito for a crime most rational people understand was committed by Rudy Guede, alone.

I, at least five other retired FBI agents, many DNA scientists and dozens of other subject-matter experts have seen the evidence in the Kercher murder and know the truth. In reality, it's not a complicated case. Only the investigation was (unnecessarily) complicated. The evidence proves beyond a shadow of a doubt that Raffaele and Amanda are completely innocent and while I hurt for Raffaele, I will never, never turn on the truth. I will champion Raffaele and Amanda's innocence and oppose what I know to be lies, regardless of the reason(s) they are told or who tells them.

It was such wonderful times celebrating the “Not Guilty” verdicts with Raffaele, his family, and those who put their lives and livelihood on the line in Raffaele’s and Amanda’s defense.  But, as Dr. King once again so perfectly summed-up, 
“The ultimate measure of a man is not where he stands
 in moments of comfort and convenience, 
but where he stands at times of 
challenge and controversy.”
 The Raffaele I know would never betray the truth. In his heart, in his soul, he is an honest man dedicated to what is right and what is true. The Raffaele I know would never cede control of his life and future to his family and his lawyer. But every man has his limits. It is his choice now to either to rise to the occasion and fight injustice, or cave to blackmail and become part of it. I remember going to dinner one night, just Raffaele and me, and he mused aloud, “Why do [the Italian courts] get away with things like this?” I responded then as I do now; “Because people allow them to. Because people give in to extortion.”

It is now, ultimately, that Raffaele faces his denouement.  I maintain my confidence in his character. Regardless, the world will soon learn whether he still has the courage to step in front of the tanks, or whether he has become an obsequious extension of the four women in his life and his father. If the latter is true, the answer to how the Italian courts "get away" with injustice will be found in his own mirror, and we will all watch in horrified sadness as honor is bound.  
 
 
In the western world, anonymity is rightly regarded with suspicion. Newspapers refuse to publish anonymous letters to the editor, and little explanation is needed to explain this policy.  It’s also a common understanding that people in masks are generally trying to do something illicit and not get caught. The Ku Klux Klan didn't wear masks because they were feeding the homeless. 

In every human being, there is a distrust of anonymity ingrained in our DNA. The U.S. Constitution as well as English Common Law looks very dimly on anonymous witnesses and anonymously provided evidence—and for good reason. Unless one is allowed to “confront the witness,” the person’s veracity, motives and integrity are a complete mystery. Anonymity is the tool of anarchy, totalitarianism and hatred. 

The Internet, sadly, has revolutionized anonymity. From consequences-free porn (men no longer have to go to the back area of a video store hoping not to be seen by someone they know) to the Aryan Nations hate site "Stormfront," new and more disgusting uses have been found for anonymity, and the means to hide from responsibility have multiplied exponentially.

More and more, we are seeing large groups of anonymous people spewing hate, lies and misinformation on the Internet—baseless accusations which could take the lives of innocent people as surely as similar lies did in the Salem Witch Trials. In the Amanda Knox case, an American woman and an Italian man, both clearly innocent, are continually vilified, demonized and caricatured by individuals and/or groups too cowardly to use their own name(s) in defense of a victim they claim they would (otherwise) lay their lives down for. 

Those with legitimate expertise, insight or knowledge on a case or issue would benefit from revealing their identity. Would President Bill Clinton comment on a government policy anonymously, when his very name and experience commands respect and ensures his opinions a hearing? Of course not.

The fact that a person or persons hide behind an avatar and a fanciful moniker is in and of itself evidence that they know that their real identity would compromise their credibility. In other words, if we knew who they were, we would immediately disregard anything they said. In the Knox case, it’s people like the obsessive poster “Harry Rag” who spends so much of his time spewing hate and lies at Amanda Knox and her supporters that one wonders how he(?) keeps a job, if indeed he’s one person and not a persona created by a firm hired by prosecution attorneys. The fact that “he” sent rank pornography to my wife simply because she disagreed with him leads me to believe he is more likely a sick male than a rational committee. I regularly get hate mail from these anonymous trolls on this very website. Not once has any of them discussed actual case facts. Instead, they comment on my physical appearance (a favorite of theirs) and call me the most vile names--anonymously. Which is why it doesn’t bother me.

But how do they get away with this? They get away with it only when we or anybody else give credence to a single word they utter, type or print. Regardless of their argument, their stated position or their claimed knowledge, the fact is that these entities could be anybody. They could be blogging from a half-way house for sex offenders, or from the recreation room at an inpatient mental facility. Or, they could be groups of people at a public relations firm hired by those with a financial interest in the outcome of a particular trial. Regardless of which it is, it’s time society ignored those who do not have the courage of conviction to even stamp their opinions with their own name.

 
 

     'If there's no evidence against her, she's obviously guilty.'

For months we have waited for the Italian appellate court in Florence to provide its “motivations” for their startling decision to overturn the unanimous October 2011 innocent verdicts of Amanda Knox and Raffaele Sollecito. The appellate court had the exact same evidence in front of them as did the court which exonerated the two, with the addition of several pieces of evidence that even further bolstered the innocence of Knox and Sollecito. But unimaginably, the Florence court (apparently at the behest of the Italian Court of Cassation) convicted them. And all it took was the suspension of natural law.

The motivation document (in Italian jurisprudence) attempts to explain the decision of the court. This document is in, and after hearing only the first assertion of the translated report, I can tell you that just that one argument has convinced me. Guilty is the proper verdict. I have never seen a more convincing, clear and irrefutable document. “Guilty” of a crime which still victimizes Meredith Kercher and her family. Guilty of a crime which is as old as mankind itself, and tears at the fabric of society:  The court of Alessandro Nencini is guilty of Judicial Corruption.

The “motivation” document produced by Judge Nencini alleges that Amanda Knox and Raffaele Sollecito were able to do something that no criminal in the history of mankind has ever before been able to accomplish: Selectively clean up their own invisible DNA, leaving only the DNA of the man they wished to “frame.” To do so, they obviously had to possess the power to see DNA with their naked eyes, know whose it was (something the first Italian court famously couldn’t do with microscopes), and remove only their own.  And most importantly, they had to clean the DNA from a bloody room without leaving a mark where the blood had been disturbed. This is like removing the underlying primer coat from a car’s paint without disturbing the paint job itself. It’s like doing a heart transplant through a sweat gland. It’s like removing Jesus from DaVinci’s masterpiece, “The Last Supper,” without anybody noticing. Even Batman’s foes never achieved this level of sophistication. You have to give Amanda and Raffaele credit for ingenuity. Or the Italian court credit for imagination.

 Here is a rough translation of the court's logic with my underlined comments. 

NENCINI:
"It has been much discussed, especially by the defense of the defendants, whether a “selective” clean-up of the crime scene is possible by the authors of the crime. This possibility was denied on the basis of the empirical impossibility of a “naked eye” to identify and select the singular traces, often invisible, to destroy. It was also excluded that someone in the cottage of Via della Pergola, on the night between November 1st and 2nd, 2007, after having committed the murder of Meredith Kercher, could “selectively clean” the traces left by the authors of the crime, destroying all of the traces of the defendants in question, and leaving at the crime scene all of those traces that would have lead investigators to Rudy Hermann Guede."

[Translation: Yes, we have heard for years that selective cleaning of DNA at a crime scene is an "impossibility," and people simply can't "see" DNA with the naked eye. We get that. But then how is it possible that Amanda and Raffaele's DNA weren't present at the place they killed Meredith?]

             "The affirmation, if apparently agreeable theoretically, must be correlated with the case in question, of which there are certain peculiarities."

[Translation:  Even if it's theoretically impossible, we must look at this impossibility in relation to this case.]

             " It is peculiar, for example, that no traces of Amanda Marie Knox were found in the cottage of Via Della Pergola if not those which are refer-able to the murder."

[Translation: It is peculiar that no traces of Amanda Knox were found in the cottage in which she lived. That would be peculiar if the statement was true--but it's not. There were many traces of Amanda in the cottage--that were admitted into evidence. Just none in the victim's room where the murder occurred. How he can get away with that lie is a mystery.]

PictureNencini's world.
    "The Court retains that in fulfilling its duty, it must limit itself to a reasoning that is founded upon objective facts;"

[Just not SCIENTIFIC facts] 

            "An argument characteristically objective that emerged procedurally was evidence that, after the murder of Meredith Kercher, selective or not, there was a clean-up of the traces of the murder, and a maneuvering of the body of poor Meredith into a position (between the armoire and the wall of the room and covered by a duvet)"

[None of which is supported by a scintilla of physical evidence or testimony]

"...that certainly doesn’t correspond with the position in which the girl died, at the end of the aggressive phase. Someone spent much time within the cottage on the night between November 1st and 2nd, 2007, altering the crime scene and destroying numerous traces." 

[Without leaving evidence of doing so.]

"The evidence provided by the Scientific Police proves this incontestable truth, which the reasoning must take into consideration."

[Translation: Amanda and Raffaele, if they killed Meredith, would have left behind evidence of their presence. But no evidence of their presence was there. This is a problem. So....]

1. Either it is possible (against scientific fact) to selectively clean DNA, or Amanda and Raffaele are innocent.
2.  We have already decided that Amanda and Raffaele are guilty.
3. Therefore, the only conclusion left is that it MUST be possible to selectively clean DNA from a crime scene.

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Extra credit: Without using blood stains of the victim; locate 3 separate DNA profiles in this photo (identify DNA donor by first and last name), circle their location. Show your work. You have five minutes.
This "logic" is mind-blowing and simply shameful. In order to believe these court motivations, one is required to believe the impossible. This is not an unprecedented requirement in Italian courts. In 2012, a court in L’Aquila, Italy suspended reality and convicted six seismologists of manslaughter for not predicting a killer earthquake. The fact that no earthquake in human history has ever been accurately predicted did not cause the court pause. Or embarrassment. Or shame.  The seismologists were sentenced to 6 years in prison, each.

There are only two explanations for arguing the impossible in the motivations: Idiocy or corruption.

 I reject the idiocy argument. No human being who possesses the intelligence to study law and rise to sit on a judicial bench, could look at this crime scene and believe the argument of selective and undetectable microscopic cleaning. In fact, I suspect that Nencini, rather than being an imbecile, is quite politically savvy.

No, this is a pre-determined court decision, made in contravention of science and every piece of reliable evidence. What’s the word for that?

Why did they convict? Ah, that’s where the report’s title “Motivations” is a misnomer. For it simply tells us ‘how’ and ‘what’ of the corruption, but not the ‘why.’ Ironically, the “motivations” report ignores the real motivations of the court in framing Amanda and Raffaele. Likely, it involves embarrassment, nationalism, anti-Americanism, money, protectionism or provincialism, or a combination of several. But the ‘why’ is less important than the corruption itself. 

The only “idiocy” which manifests itself in this travesty is the belief that the world will look at this decision and not instantly recognize it for what it is—thuggery. It is the kind of idiocy that allows Kim Jung Un to believe that people outside of North Korea accept that he is a beloved leader because his people sing his praises. He hopes we don't notice that they do so at gunpoint. It is the idiocy of a basic underestimation of the reasonableness of the rest of the world. It is also provincialism.

One of the court’s statements says; “It is not believable that a group sexual intercourse had started. This hypothesis is not consistent with the personality of the English girl.” That it was equally (and demonstrably) inconsistent with the personality of the American girl apparently did not matter. It just didn’t register on the court’s Richter scale. This kind of provincialism is Donald Sterling-quality prejudice masquerading as legal jargon. Don't confuse official language with truth. Al Capone gave out business cards which said he was a "Used Furniture Dealer." 

The vast majority of Italians with whom I regularly correspond fight for real justice and reject this verdict, hoped it wouldn’t come, but ultimately suspected it might. Likely, they just didn’t expect that it would be this outlandish. They are doing what they can to fight a corrupt system, and I admire them. But there are limits to what you can achieve when one side has the ability to suspend scientific reality at will.

When decisions are repeatedly handed down which fly in the face of science and known fact, and innocents are imprisoned apparently to protect cronies or institutions, it results in an appearance of third-world corruption, or mafia tactics. This primitive, crude and dishonorable verdict is more evidence of a cancer undeserved by the fine people of Italy, a country which was the first to bring the hope of justice for the common man to the entire world.  

This unprincipled decision has shaken, and will continue to shake to the core the world’s belief in the justice of Italy's legal system.  And we saw it coming. You know, maybe the court in L’Aquila got it right after all. Maybe earthquakes are predictable. 


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Damage done to Italian courts by L'Aquila earthquake and Knox verdicts.
 
 

(ANOTHER) UPREDICTED 
ITALIAN EARTHQUAKE

The criminal case of Amanda Knox and Raffaele Sollecito is, for all intents and purposes over.

The political circus is just beginning.

April 6, 2009, 3:32 a.m.: The quaint Italian town of L’Aquila, just 114 miles from Perugia, was struck by a 5.8 magnitude earthquake. 297 people died.

October 22, 2012: In an event which sent shock waves around the world, the earth moved in Italy yet again when six Italian seismologists were arrested and charged with manslaughter for not predicting the L’Aquila earthquake. Incredulous experts from around the world testified that earthquakes are scientifically unpredictable at this point in the history of mankind—a fact disputed nowhere on earth, except one Italian courtroom. The scientists were convicted and sentenced to 6 years in prison—each. The main damage in this quake was to six innocent seismologists and the justice system of Italy.
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The courts in L'aquila were devastated. In more ways than one.
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Certainly, Italian ‘justice’ has a history of preying on its own good people. The Italian Inquisitions of the 1500’s and 1600’s are infamous for the persecution of people propounding scientific truth. The legendary scientist and astronomer Galileo, for example, fell afoul of the inquisition for espousing certain theories of Copernicus; in particular, the theory that the earth rotated around the sun—which it did and still does. A lot of people are unaware that Galileo died under house arrest in Italy. 1,250 other people are alleged to have been executed for similar “heresy” during this time. One would hope that nearly 600 years later, Italian justice would have improved. One would be wrong.


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Tragically, on March 26, 2013, another feudal judicial decision was handed down when the Italian Court of Cassation, the Italian equivalent of the U.S. Supreme Court, failed to formally affirm the full appellate exoneration of Amanda Knox and Raffaele Sollecito, regardless of the fact that their innocence is almost as widely accepted and scientificlly proven as Copernicus’ theory.

Sadly, this is not an isolated anomaly. Italy is displaying with frightening regularity a type of vendetta-based ‘justice’ many are calling ‘medieval.’ In 1999, the very same Court of Cassation which failed to accept Knox and Sollecito’s proven innocence, ruled in a rape case that women wearing tight jeans cannot be raped. This was not the decision of a little back-water town judge remember, this was the Italian Supreme Court. The logic was based on the apparently inescapable conclusion that tight jeans could not be removed from a woman by an attacker. I suppose their conclusion is that man can predict earthquakes, but it is a physical impossibility for him to remove a woman’s jeans. The court ruled tight jeans could not be removed “…without the collaboration of the person wearing them.” I’m not making this up. 


However, just this last summer, the Court of Cassation outdid themselves; they ruled that it is a crime to tell someone “You don’t have the balls.” Seriously. That this case even got to the supreme court in Italy is mind-boggling and indicative of the juvenile/macho mentality of most of the judiciary there. Their decision is incomprehensible. The court found that the phrase inherently implied “…a lack of determination, competence and consistency – virtues which, rightly or wrongly, continue to be regarded as suggestive of the male gender.” This raises a question I’m sure it would take a legal scholar and a Ouija board to answer: Would it be a crime to tell a woman  “You don’t have the balls?” One could only assume it would depend on whether she was wearing tight jeans or not.

In the Knox/Sollecito case, a prosecutor (Giuliano Mignini) under indictment (ultimately convicted and sentenced to 16 months in prison) created an incredibly complex, imagination-based case against two innocent kids in order to, according to many experts, shield himself from conviction or even further prosecution. During the Italian Inquisition of the 15th and 16th centuries, the main charges besides heresy were sorcery, immorality and witchcraft. And Mignini’s allegations against Knox?  She was a “strega” (witch) and she engaged in “satanic sex rituals.” Sounds vaguely familiar, no? Also familiar is the fact that no evidence existed to support the claims of either the inquisition or Mignini. Sometimes the more things change, the more they stay the same.

Mignini lied about evidence in public, violated any rule of evidence which did not support his case (in reality, nothing supported his case) and got a conviction he apparently hoped would raise no eyebrows. He was wrong.

When the case was appealed--almost automatic in Italy, where half of all cases are reversed on appeal--the first action of the appeals court was to order that Mignini’s “evidence” be reviewed by independent experts. Italy is not completely devoid of honorable justices; they are simply in the minority. The judge in this appeal had to be imported from northern Italy near Austria in the hopes that he would be free of bias. He was. He not only allowed modern science into the courtroom, he ordered it there.
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DNA which prosecutor Mignini had claimed implicated Knox and Sollecito was found to have never existed, was intentionally or incompetently attributed, or so badly read that Mignini’s ‘experts’ couldn’t even tell gender by reading DNA. The police forensic investigation in this case made the Keystone Kops look like CSI New York. In a stinging rebuke, the appellate judge and jury not only exonerated Knox and Sollecito, but declared that the evidence didn’t simply fail to prove their guilt, but that it actually proved their innocence. The two kids were released after four years of unjust imprisonment. And that is where it should have ended.

But in Italy, as opposed to most democracies, a prosecutor can appeal even a “not guilty” verdict. In Italy, a prosecutor can keep re-trying a case until he gets a conviction. This ‘2 out of 3’ jurisprudence results in a kind of “rock, paper, scissors” legal system, where even evidence as solid as a rock can be rendered moot by a single sheet of paper. Mignini appealed the ‘innocente’ verdict, and the Court of Cassation rendered a verdict as stunning in its ignorance as the failure to predict the earthquake decision.

At this moment, news outlets are providing incomplete or inaccurate information on the case. To set the record straight, I would like to point out certain facts which are true at this moment:

Amanda and Raffaele’s exonerations have not been vacated. By Italian law, they are still adjudicated innocent persons.

No retrial has yet been ordered.

Not until the Court of Cassation releases their “Motivations” document in approximately 70 days or so will any decision have the affect of law. Retrial is a possibility, of course, but so is limited re-examination of certain pieces of evidence not already reviewed by the independent authority. There is no indication that the court has in any way challenged the validity of the independent authority’s review of the main pieces of discredited ‘evidence’ which led to the exoneration in the first place.  

There is no indication that the court rejected any of the findings of the appellate court, their questions actually centering on why more of Mignini’s supposed “evidence” was not reviewed by independent sources. Still, the decision reminds me very much of the 1972 Olympic Basketball gold-medal game in which the Americans, leading the Russian team by 3 at the end of regulation, twice had the clock reset to 3 seconds by the Russian referees, until the Russians “won” on a miracle shot. 40 years later, nobody but the Russian team and referees believe that they won
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The Americans celebrate after they had won the game the second time. (They lost after the third time Russian referees inexplicably put time back on the clock.)
Absent more interference, however, any retrial would still favor Knox and Sollecito because:

A retrial would be removed from the feudal, Mignini-controlled town of Perugia, and placed in Florence. Perugia has the judicial integrity of 1963 Selma, Alabama. Knox and Sollecito's exonerations on appeal were only possible because a judge and jury were brought in from out of town due to the bias of the locals.
The city of Florence knows Mignini. They are the city that indicted him and convicted him of malfeasance, sentencing him to 16 months in prison.

Regardless of the outcome of the trial, however, not a soul seriously believes that Amanda Knox will ever spend another day in an Italian prison. Double jeopardy, corrupt prosecutors, absence of witnesses or credible evidence, perjury by the police, and the requirement that Giuliano Mignini present his case in an American federal court (which actually requires evidence, truth, and fairness) make the prospect of extradition at the request of a kangaroo court the stuff of Mignini’s dreams.

 Pratillo Hellman, the judge in the Knox/Sollecito appeal stands by his and the jury's unanimous decision to exonerate Knox and Sollecito, saying that there was absolutely no evidence of the involvement of the two in the crime. He also stated that he expected that the court of cassation would overturn his verdict, due to its close ties with the prosecutor.

Ultimately, regardless of the results of this modern inquisition, Amanda will never serve another unfair day in an Italian prison. The case, therefore has significance only to certain people:

1.      Prosecutor Mignini, still trying valiantly to clear his name of malfeasance and false prosecution charges while waiting on his retrial decision.

2.      The sadly deceived family of the innocent victim who have put their faith in a crooked prosecutor and a carnivorous Italian lawyer desperate for a share of a settlement from the wealthy Sollecito family.

3.      The sadly imbalanced, anonymous, basement-dwelling anti-Knox bloggers in Great Britain and America who have drunk the Kool-Aid of the prosecutor to the dregs and are focused more on hate than justice. This case will, for several more years give imagined purpose to their otherwise sad existence.

4.      Raffaele Sollecito, who is at this writing still a citizen of Italy and vulnerable to the whims of a judiciary largely based on innuendo.

In case the reader perceives this article as an indictment of Italy or the Italian people, let me assure you that is not the case. Since the appalling ruling came down, I have received texts, phone calls, E-mails and social media communications from prominent, published Italian forensic scientists, professors, DNA specialists, criminal profilers and lawyers, decrying the decision and offering their pro-bono assistance to the Knox family. Indeed, after the exoneration of Knox in October, 2011, I spent two days with Amanda in Italy and witnessed an almost non-stop stream of Italian citizens apologizing (sometimes tearfully) for what happened to her. They hugged, they kissed and they smiled. They know what its like to live under that system. The Italian people deserve a better justice system. They deserve more Judge Hellmans.

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While Amanda is in no real danger of ever being forced to submit to the corrupt Italian justice system again, (it’s a different story for Italian citizen Raffaele Sollecito), she can’t just do what the 1972 Olympic Men’s basketball team did and simply boycott a corrupt proceeding. They refused their silver medals and did not attend the medal ceremony. 

Amanda can't do that. She has to spend money to defend her name. It’s just a shame that two innocent kids got robbed. Again. It took the Russian referees three tries to steal the honest victory from the Americans in Munich. It may take even longer for the Italians to steal Amanda and Raffaele’s “innocence.” That’s the sad part. Nobody but the Russians doubt that the Americans won the 1972 Olympic Gold Medal, and nobody but Italians, the ignorant and the malignant doubt that Amanda and Raffaele are innocent.

Why then didn’t the Court of Cassation do the honorable and right thing and affirm the appellate decision? Why didn’t they act bravely and decisively? Why didn’t they exonerate two good kids in the face of overwhelming evidence of their innocence? Why didn’t they display the --in their own words--“determination, competence and consistency” which are suggestive of their own male gender? 

Are they corrupt? 

It seems to me that they just didn't have the balls.
 
 
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The Contract of Command

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No man or woman ever knows how they will react when their life is in danger. I hope, and I’m sure we all hope we would react in a such a way as to earn self-respect, if not honor—but we just don’t know. However, a decision to accept a position as a ship captain, airline pilot, fireman, policeman, Coast Guardsman; any position where danger is possible and the job gives you responsibility for the lives of others, is in effect a contract. A contract in which the implicit agreement is that the lives of others come before your own. It is a guarantee that you will do as promised. You are, as the old saying goes, acknowledging that  “You knew the job was dangerous when you took it.” So if it appears that anybody is being criticized in this piece for cowardice, it is not criticism of character or a human failing common to many, the criticism is aimed at a person who apparently defaulted on a contract; the contract of command.

A fence is never needed until something pushes against it. Similarly, courage can never be measured until fear is present. One can test a fence by simply pushing on it, but gauging a man’s courage is difficult absent imminent danger.

Fight or flight. At one time or another, nearly everyone wonders how they would react if their life was on the line and they had a choice of acting or running. Those who rise to the occasion are said to have “the right stuff.” There is no polite phrase for those who fail in those situations.  

Captain “Sully” Sullenberger answered all his own questions on January 15, 2009. His decisiveness, skill, and calmness are now legend. Sully’s friends describe him as “shy and reticent,” but beneath that shyness lay the makings of a hero. Finding himself in an engineless, 75 ton flying fuel tank over Manhattan with the lives of 148 people on his shoulders, Sullenberger knew that he had just one or two chances in a thousand to survive. Over the shouting of the electronic voice of the plane, “pull up pull up pull up pull up…..” the questions from air traffic control, and the attempts to restart the engines, he thought quickly, decided on the only realistic option, and flawlessly ditched the airliner in the Hudson River next to Manhattan.  Listening to his confident, decisive communications on the radio is nothing if not inspiring, if only for knowing what “the right stuff” sounds like.

Two days short of three years later, on January 13, 2012, Francesco Schettino, captain of the luxury Costa (Carnival subsidiary) Cruise liner “Costa Concordia” also answered his own questions and provided the world an example of what “the wrong stuff” sounds like, via his radio communications with the Livorno Port Authority.

Somehow, a cruise liner in good weather ran aground. It apparently did so during a “Salute” to the island of Giglio. A ship’s ‘salute’ is a close sail-by of land to generate excitement and is the nautical equivalent of the aviation “buzz-job,” itself one of the leading causes of fatal aircraft crashes. This ‘salute’ was allegedly intended to raise the visibility of the cruise line. It worked. Costa Cruise line rules allegedly prohibit the ship from coming within a half mile of land while underway. Schettino claimed to be no nearer to land than .29 miles. The charted rocks he hit, however, were 450 feet off shore. It is said that he might have been distracted by a beautiful 25 year old blonde who was somehow a guest on the bridge after witnesses say she and Captain Schettino split a carafe of wine. But the even more troubling issue than how it happened, is what occurred after the ship ran aground. The commander of the Livorno Port Authority is Gregorio De Falco, and De Falco had by Italian law, control of the scene. He contacted Schettino by radio after being told that the captain of the Costa Concordia had abandoned ship with passengers aboard.


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Gregorio De Falco: "Hello. Hello."

Francesco Schettino: "Good evening, captain."

De Falco: "Hello, I'm de Falco, from Livorno. I am speaking with the commander?"

Schettino: "I'm Commander Schettino."

De Falco: "Listen Schettino, there are people trapped aboard, you go with your lifeboat under the prow of the ship on the port side and you go aboard the ship using the rope ladder. You go aboard and you tell me how many people there are. Is it clear? I'm recording this conversation, Commander Schettino."

“I’m recording this conversation, Commander Schettino.” De Falco knew the gravity of the situation and he knew what he was saying. He was obviously stunned that the captain of a foundering ship had fled, leaving his crew and passengers behind. I must admit that I too am stunned, as is the world, likely. De Falco felt that it was necessary to threaten the captain with exposure of his cowardice if he would not return to the ship.

One cannot help but compare this to Sullenberger’s demeanor as his plane plummeted at over 200 miles per hour toward downtown Manhattan. Sullenberger’s words in the cockpit and on the radio were strong, decisive and inspiring. In contrast, Captain Schettino was speaking with such diffidence that De Falco had difficulty understanding him.

Schettino: "So, I'll tell you something..."

De Falco: "Speak louder."

Schettino: "Now, I'm in front of..."

De Falco: "Commander, speak louder, take the microphone and speak loud. Is that clear?"

Schettino: "Commander, right now the ship is skewed. [listing to starboard]"

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De Falco: "Understood. Listen,…….. you go aboard and you tell me the number of people and what they have on board. Is that clear? You tell me whether there are children, women or people needing assistance. And you tell me the number of each of these categories. Is that clear? Schettino, maybe you saved yourself from the sea, but I'll make you pay for sure. Go aboard, (expletive)!"

But even then, Schettino argued that his presence was not needed aboard.

Schettino: "Commander, please?"

De Falco: "Please, now you go aboard!"

Schettino: "I am on the life boat, under the ship, I haven't gone anywhere, I'm here."

De Falco: "What are you doing, commander?"

Schettino: "I'm here to coordinate rescues."

De Falco: "What are you coordinating there? Go on board and co-ordinate rescues from on board! Do you refuse?"

Schettino: "I'm not going because there is another lifeboat stopped there."

De Falco: "Go aboard: it's an order*. You have no evaluation to make, you declared abandon ship, now I give orders: go aboard. Is it clear?"

(* Once a captain has abandoned his ship, he no longer commands it, it is under the control of nautical search and rescue command.)

Schettino: "Commander I'm going aboard."

De Falco: "Call me from aboard, my rescuer is there at the prow of the ship. There are already dead bodies, Schettino."

Schettino: "How many dead bodies?"

De Falco: "I do not know. One for sure. You have to tell me how many!"

Schettino: "Do you realize that it's dark here and we can't see a thing?"

De Falco"And what, do you want to go home, Schettino? It's dark, so you want to go home...? Go on the prow of the ship, using the rope ladder and tell me what can be done, how many people there are and what are their needs. Do it now."

Schettino: "Here there is also the vice commander. I'm together with him."

De Falco: "Then go aboard together. Together. What's his name?"

Schettino: "Dimitri."

De Falco: "Dimitri what? You and your vice go aboard. Now, is it clear?"

Schettino: "Commander, I want to go aboard, but here there is the other lifeboat, there are other rescuers who stopped. Now I called other rescuers."

De Falco: "You've been telling me this for one hour. Go aboard. Go aboard. And you tell me right away how many people there are."

Schettino: "Ok commander."

Just because a man has the coordination and the skill to handle a ship doesn’t mean he has what it takes to be a captain, especially when lives are at stake. Skill at navigating a ship can no more guarantee suitability as a captain any more than the fact that a male can produce sperm guarantees that he would be an adequate father.

Not only did Schettino fail, but it appears that his flight led some of the crew to abandon the passengers with him. Undoubtedly, there were brave crew who stayed and may have even paid with their lives, but they did this in spite of their captain. But make no mistake, Schettino’s acts were not the first in the tragic string of events. Nor was hitting the rocks. It was that he had been given command in the first place.

In the cases I worked in the FBI, particularly those perpetrated by the most violent, evil men, there had been a trail of acts, behaviors and episodes where the person’s personality was tipped-off. And in each of the cases, innocent people lay dead because the responsible people had shirked their duties. Schettino was responsible for the safety of thousands of people. With apparent failure of courage this blatant, could it be possible that there were no indications of Schettino’s inability to handle fear prior to this crisis?

Carnival has a responsibility to determine the suitability of a man or woman to command. There is no excuse anymore in today’s world. There are ways to weed out those who cannot ‘cut it.’ Even more traditional methods could have determined his fitness for duty. Marine Boot Camp, as horrible and stressful as it has been described, is not that way as some kind of sick initiation, it is to weed out those who cannot function under extreme duress or fear. Drill Instructors and the fear they instill are two of the main reasons that cowardice under fire is not something that people think of when they hear the words “United States Marines.” In a perfect world, Schettino would not have been given command, and he would have been spared what must be the worst experience of his life. He is not evil, he was just incapable of what was asked of him. And somebody in authority likely knew that. They were simply betting on the odds that his courage would never have to be tested.

Fortunately, Costa Cruise lines has now realized the magnitude of the tragedy and has made quick, astute moves to prove to the passengers and the world that they understand the gravity of the situation: They have offered the surviving passengers (and I’m not making this up) a 30% discount on a future Costa cruise. If that doesn’t restore your faith, I don’t know what will.

De Falco’s soon to be famous statement to the fleeing captain; “Schettino, maybe you saved yourself from the sea, but I'll make you pay for sure,” ended with the Italian phrase, “Vada a bordo, cazzo!” “Go on board, ‘cazzo’!” Cazzo is Italian profane slang for male genitalia. De Falco had lost all respect for a Schettino and was goading him to “man up.” Interestingly, there are already T-shirts with the phrase, “Vada a bordo, cazzo!” being made. Possibly it will enter the lexicon as a phrase intended to shame cowards into meeting their duties. Finally and pitifully, Schettino later explained his departure from the ship by saying that he had “tripped into a lifeboat,” a statement which only exposes the depth of his deficiency as a captain.

But to be fair, Sullenberger is not perfect either. After he skillfully ditched his A320 in the Hudson river, he deviated from the aircraft checklist and did not comply with what a captain should do. The checklist told him to don a life preserver, open the cockpit window and evacuate the aircraft. 

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Instead, Sullenberger left the cockpit but not the aircraft. He left the cockpit through the interior door, going into the sinking rear cabin of the plane to ensure that everyone was out. Twice. When the last crewmember besides the captain boarded a raft, the airplane was halfway under water. Sullenberger, however, had one more thing to do. He went forward one last time to retrieve the aircraft’s logbooks to aid in the investigation of the crash before he departed—the last to leave the ship. The right stuff.