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.
Today, I begin what I hope will be a continuing series; “Short Take.” It is designed for those who have less than, say, the two days it usually takes to read through one of my regular blog articles. “Short Take” will also allow me to post more often. Depending on your view of my writing, this is either very good or horribly bad news. I will be commenting on current events, my cases, and topics I believe would be of general interest. I will also continue the approximate bi-monthly “treatise” I tend to compose on issues. Thank you for putting up with the length of these articles. For what it’s worth, in 2013 and the first part of 2014, gmancasefile.com has averaged 12,000 unique visits per month. My sincere thanks to those of you who visit.
SHORT TAKE #1: FBI Search Reveals Explosives in S.F.
This is how a crime scene search is done. Are you seeing this, Giuliano Mignini? Listen to your experts in Rome.
4:40 a.m., Hollywood, California: I just finished a CNN New Day segment on the FBI search of the San Francisco apartment of Ryan Chamberlain II and the reports that he possessed explosives. (I'll post the segment later.) Sound-bites rarely convey the entire truth of a situation and this appearance was no exception, though CNN usually gives each issue five minutes, while many other outlets spend half that time. What I didn't get a chance to say was that judging from the protocol used by the FBI Evidence Response Team/Bomb Techs, there was no significant amount of explosives in Chamberlain’s apartment at all. Not trying to defend him, I don’t know anything about him. Just commenting on what I see and comparing it to what I know.
My squads (domestic and international terrorism) worked a LOT of bomb scenes and potential bomb scenes. When we found or suspected explosives at a location, the protocol required us to FIRST assess the potential danger with FBI Bomb Technicians (Bomb Techs) and determine from them--overgeneralizing here-- "How big an explosion could this amount of explosives potentially make?" We would get an estimated radius of blast damage, then add 10-50% for extra safety, and evacuate that big an area. In an apartment building, you would have to assess whether the potential explosion might bring down the structure. If unsure, you assumed it could. Needless to say, even small bombs or explosives caches resulted in large evacuations.
The FBI Evidence Response and Bomb teams in SF evacuated nobody. Not even the people in apartments next to Chamberlain’s. And it's not because they weren't following protocol. From what I saw on news footage, this warrant search was so "by the book" it could be used as a training video. If anything, they were erring on the side of caution. As somebody trained in the discipline, I can tell you that their execution was impressive. If I was their boss, I would be beaming with pride.
So I'd have to ask what type of explosives they found there. I lean toward the conclusion that they found components which are harmless unless combined. For instance, empty foot-long lengths of threaded galvanized pipe, end caps and cans of smokeless powder—the makings of a pipe bomb. If the three aren't combined there's no danger. Maybe blasting caps? Fuses? Uncombined explosive precursors? Ammonium Nitrate fertilizer not yet mixed with diesel fuel, the Oklahoma City bomb components? The list of possibilities is almost endless.
What would really be illuminating would be to get a copy of the search warrant and find out what their probable cause was to search the apartment, and what they expected to find there--and why.
As we go farther down the road of dealing with the violent mentally ill in our society, I can’t help but recognize that when and if guns are banned (or even made incredibly difficult to obtain and keep—like in SF) people will turn to other, unregulated means to cause death and destruction. And they will find that they can cause even larger casualty counts with commonly available items such as the aforementioned fertilizer and diesel fuel, threaded galvanized pipe and smokeless powder, even fireworks and pressure cookers like those used in Boston.
We can play Whack-A-Mole by banning one weapon system at a time as each pops up and causes mass casualties (the TSA model), but American can never be made a sterile concourse. As George S. Patton famously said, “Fixed fortifications are a monument to man’s stupidity.” It’s time to concentrate on the killer, and realize that the means can never be eliminated as long as a man has a car, gasoline, a hammer or a steak knife.
'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.
"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.]
"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.
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.
Damage done to Italian courts by L'Aquila earthquake and Knox verdicts.
Amanda Knox; An Innocent Girl
Finally Goes Home
I met Amanda Knox for the first time a few days ago, following her release from an Italian prison after serving four years for a crime she did not commit. I am grateful that I had not met Amanda before I got involved in the case.
Not meeting Amanda prior to my involvement in the case probably saved me from prison time myself. Had I known her personally, I do not know if I could have waited for the agonizingly slow wheels of Italian justice to free her. Amanda, you see, turns out to be a truly spectacular person; even more intelligent than I had expected, even more empathetic than she had been described, and even more gentle than I had anticipated. More and more, the fact that she of all people was targeted by a malicious, psychologically-challenged rogue prosecutor raises the level of irony to almost absurd levels. So at a time when I should have been feeling only relief and gratitude, I had to fight a seething vicarious anger at four years taken from a good person. Amanda herself seems to bear no malice, and wonders only how anybody could believe she did what prosecutor Giuliano Mignini charged her with.
The events of the last week have washed over me like a tidal wave, and I have not caught up with the emotion, the reality or the impact of what took place. I do not feel that I am ready to write at length about the events in Perugia last week, but I wanted to communicate a few thoughts in the meantime.
The most beautiful part of the “Not Guilty” verdict for Amanda and Raffaele came in the way Italian law demands that a verdict be couched. In Italy, a person can be found not guilty for two reasons (and I paraphrase the language):
1. Not guilty due to insufficient evidence. (Not guilty)
2. Not guilty due to the fact that the person did not commit the crime. (Innocent)
The first option is a passive statement, but the second is a positive declaration ofinnocence, not simply lack of guilt. It says not that the prosecutors failed to meet their burden, but that the evidence proves that person charged did not commit the crime. It is not simply release, it is full exoneration. That is the verdict Amanda and Raffaele received: Not guilty because the evidence proved that they did not commit the crime.
In a piece in Wednesday’s International Herald Tribune, New York Times Pulitzer Prize-winning journalist Timothy Egan wrote, “There was no way, based on forensic evidence that was a joke by international standards and a nonexistent motive that played into medieval superstitions, to find Knox and Sollecito guilty….” The claim of the prosecutors that there was a trace of the victim’s DNA on the blade of a knife used by Amanda to cut bread was, “….nearly laughed out of court by an independent panel of [DNA] experts.” The independent experts did find something on the blade, though: Bread Starch. (Rye). Out of nowhere.
It must be pointed out that Amanda’s exoneration did not come from an American court. The U.S. State Department (God knows) didn’t do anything to help her. The U.S. government abandoned her in a despicable, cowardly way, frankly. No, the exoneration of Amanda and Raffaele occurred in an Italian court. A court in the same Italian city in which they were first convicted by a judge who, if he is not corrupt, has not even a basic understanding of evidence and the rule of law. The kids were exonerated in the same courtroom in which the first trial was held. By a jury of Italians, not Americans. Jurors who wore sashes in the colors of the Italian flag. They were once again prosecuted by the same prosecutor (who is still appealing his own prison sentence for corruption). Only the judge was different. And this judge demanded evidence. And this judge demanded justice. Judge Pratillo Hellmann made Italy justifiably proud. I have been in more Federal Courtrooms in the United States than I can count. The controlled, careful and fair manner in which Judge Hellmann conducted this trial was, if anything, superior to what I have come to expect even in a U.S. federal court.
In Italian law, after a not guilty verdict, a defendant already incarcerated in prison obtains their release several hours later at the prison. Only very rarely will a judge order that a defendant be “released immediately.” On those rare occasions that this occurs, according to Italian attorneys I spoke to, it is considered a ‘slap’ at the prosecutor(s). Judge Hellmann ordered that Amanda and Raffaele be “released immediately.” The immediate release was an obvious signal of the judge’s extreme dissatisfaction the prosecution.
Following the verdict, a crowd of over 1,000 Italians formed around the courthouse, and a cheer went up when Amanda’s sister Deanna spoke of her release. Many times in Perugia, I experienced an indication of the overwhelming Italian sentiment of Amanda’s innocence. Italians would learn that I was involved in the case, and I would find that my drinks had been paid for, unrequested desserts came to the table, and strangers came to encourage or to hug me. People who spoke no English would walk past and cross their fingers in the “good luck” sign, smiling. The Italian public had figured this one out.
At the end, the Italian (legitimate) press was vociferously in Amanda’s corner. Immediately following the verdict, I looked over at two of my newfound friends in the Italian television media, and tears were rolling down their smiling cheeks. The prosecutor Mignini tried to couch this trial as racism (the actual murderer was black), and then as nationalism (big, bad America trying to step on poor little Italy). But in doing so, he only managed to prove the truth of Dr. Samuel Johnson’s immortal 1775 quote: “Patriotism is the last refuge of a scoundrel.” Insightfully, the judge, the jury and the Italian public chose to disregard his attempts at jury nullification and decided this case on fact rather than jingoism and prejudice.
Sadly, the vindictiveness of a corrupt local system is not easily escaped. About half an hour after the initially popular verdict, a “spontaneous” anti-Knox demonstration began outside the court. In a striking bit of serendipity, the “spontaneous demonstrators” just happened to have megaphone with them that night, and all knew what they would chant. Though in jeans and polo shirts, the demonstrators (all men between their middle-20’s and late 40’s) bore startling, almost eerie individual resemblances to the dozens of policemen who had originally signed the warrants against Amanda and Raffaele, and who had been in court that night in a “show of solidarity.” Many of those officers are the same ones suing Amanda for claiming that she had been slapped in her interrogation. (The required tape of the interrogation of prisoners in Italy is inexplicably absent. Go figure.)
After the ‘impromptu’ demonstration, the men began individual fist-fights with Italian Amanda supporters, (I counted at least five such fights) and generally shamed the town of Perugia at a moment when the city deserved to be basking in the glory of the world spotlight. I want to point out here that the people of Perugia are good, honorable people, by and large. The Carabinieri (military) police in the town are honorable and professional. But the local police and the local prosecutor ruthlessly run the town. As an example, while we were in Perugia, five people were arrested---in the courtroom---by the local police. All for criticizing the prosecutor in some way or another. My wife was one of those arrested, and awaits a decision as to whether she will be charged with “contempt” which carries with it a possible three-year prison sentence.
The relief I feel at Amanda and Raffaele’s release is indescribable. I also feel additional relief that on-line Amanda-haters are by and large a thing of my past. We had dealt with them until now only to counter their hateful propaganda in front of an uninformed public. Now, it’s not even important to answer them because truly, nobody cares about what they say anymore.
They and others who refuse to accept this Italian court verdict (while arbitrarily accepting the first court’s verdict) are already receding into insignificance, and even the echoes of their hateful diatribes and death threats are fading into the ether. I do not think that they will ever be convinced of Amanda’s obvious innocence, nor do I think they are done spewing propaganda. Frustration produces anger, and like an infant who throws a tantrum when put down for a nap, I assume they will make a lot of indiscriminate noise that does nothing but irritate those around them. But they can now be grouped by society with those who claim to have been kidnapped by UFO’s, doubters in the moon landings and 9/11 conspiracy theorists. As one of my favorite philosophers, Stan Marsh of “South Park,”once said to Eric Cartman about such conspiracy mongers: “25% of society is crazy.” This is truth, and it is truth that the anti-Amanda crazies will continue to validate. But now they have been refuted by the same justice system they touted for years, and eventually, like the child put down for a nap, will become distracted and move on to other things. They will soon be looking for new things and people to hate. (Though those of them who crossed the lines of civil and criminal behavior will soon find that they have not been forgotten and that legal redress waited only for Amanda’s repatriation.)
What remains is to ensure that this does not happen again. As Egan said, “Perhaps the tide from Perugia will lift other boats.” For this to happen, though, pompous prosecutor Giuliano Mignini, forensic perjurer Patrizia Stefanoni, and mind-reading detective Edgardo Giobbi (and others), must be prosecuted for their corruption. The judge who rubber-stamped the lies in the first trial, Massei, must also be called to the bar of justice—or back to law school. That is what will occupy some of my time for the next few years, I’m sure. But for right now, I am in the mood to bathe in the warmth of the freedom of Amanda Knox. The sunshine of the justice she obtained should warm the entire world.
At this moment, I find that the word “elation” is woefully inadequate to describe my emotions. Euphoria might be a closer word, but euphoria eventually fades. As long as I live, I will remember that late night in the courtroom when two innocents were rescued from a cabal of evil men.
The Malicious Cowardice of
cow·ard[kou-erd] –noun 1. a person who lacks courage in facing danger, difficulty, opposition, pain, etc.; a timid or easily intimidated person.
Cowards, it has been said, are “those who refuse to engage in a good or righteous struggle or those too frightened to defend their rights or those of others from aggressors.”
In the last two years, I have had the distasteful experience of reading and listening to anonymous “experts” who have made it their business to keep two innocent kids in an Italian prison. Amanda Knox and Raffaele Sollecito are believed by most, including nearly the entire fourth estate, to be innocent and victims of a horrible, possibly intentional miscarriage of justice.
During their ordeal, a handful of vociferous, malicious Internet posters have dogged these two and anybody on the web who had the audacity to proclaim their obvious innocence. I, too, have experienced their vitriol. One poster, in fact, allegedly posted that it was his life’s goal to “bring Steve Moore down” because of my advocacy for Amanda Knox and Raffaele Sollecito. (Subsequent investigation proved him to be an impotent poseur.)
Certainly, people on the Internet can differ on causes and beliefs, and that’s one of the wonderful things about it. People of all persuasions can discuss and advocate. But the debate can have a dark side. When I worked domestic terrorism cases in the FBI, I would arrest people who had bombed synagogues or attacked people of ethnic minorities. They would frequently ask me as I was stuffing them in the back of an FBI car; “Since when did it become a crime to believe one race is inferior?” I would always tell them the same thing. “It isn’t against the law. But killing
someone because you believe that crap is against the law.” The fact that there are people who (though misguided) post about their belief in Amanda and Raffaele’s culpability, this is not the problem. It is a problem because the rhetoric of these anonymous posters has become malicious and personal. It is still not wrong to disagree with people on the Internet. But when you make it your business to try and harm them or their family financially or otherwise, you have crossed a line. Internet trolls, for those who are new to the genre, are posters who purposely and deliberately attack others on a forum or post with fallacious arguments, frequently ad hominem or straw-man attacks.
These “trolls” (Urban Dictionary: “Troll--One who posts a deliberately provocative message to a newsgroup or message board with the intention of causing maximum disruption and argument.”
) from the anti-Amanda Knox side hide behind on-line pseudonyms. Don’t get me wrong, I do not think that using pseudonyms on-line are always wrong or offensive, especially during on-line debate. When people are discussing opinion or debating facts that others have provided, pseudonyms are fine. But when one purports to be providing new “facts,” and attributes these facts to their own investigation or expertise, then pseudonyms are suspect at best and cowardly at worst.
Pseudonyms are fine when one is not claiming to have special knowledge of a subject which would influence others. But, if someone claims to be a lawyer close to a case, a confidant of someone “in-the-know,” or a subject-matter expert, for instance, then a pseudonym is no longer appropriate. If someone claims to be someone “in-the-know” but refuses to provide bona-fides, then that person should be disregarded. No one walks into a courtroom, swears to tell the truth, and when asked their name says, “bluedawn5.”
This is the reason hearsay is not allowed in courtrooms. This is the reason newspapers do not accept unsigned letters to the editor, this is why unsigned allegations sent to police departments are most frequently ignored—its usually not an informant, it’s an angry ex-spouse. Anything is easy to say and lie about when you are not forced to put your name beside your statement. Poseurs can claim an expertise as, say, “former United States Senator” then assert the possession of inside information to influence a political debate. But absent proof, this person is just as likely to be a sweaty, fat, 40 year old posting from his mother’s basement in Teaneck, New Jersey.
Standing behind what you say is in many ways an act of confidence, of bravery, and of nobility. When the signers of the Declaration of Independence set their hand to that marvelous document, they were indeed signing their lives away if they lost the war. Signing it was treason. Signing it took guts and courage. Everyone used their real name. Boldly. And not one signed the document, “fatherofthecountry4.”
In the Amanda Knox case, many qualified, bona-fide, subject-matter experts have come forward using their actual names (!) to advocate for Amanda Knox. Michael Heavey, a sitting judge; Maria Cantwell, a United States Senator; Anne Bremner, attorney; Mark Waterbury, scientist and author; Paul Ciolino, a well-known investigator; Douglas Preston and Bruce Fisher, authors; Peter Van Sant, a CBS journalist; Michael Scadron, a former prosecutor for the United States Department of Justice; and myself, a retired FBI Agent. Each of us (and many more) came forward using our actual names and identities and have been subjected to scathing criticism and harassment bordering on criminal acts. But we knew the job was dangerous when we took it. The difference between the malicious posters and the aforementioned experts is that the people who have lent their names have all had careers and/or experience which gave them valuable insight into the Kercher murder investigation.
But the trolls and others have tried to have people fired from their jobs at least four times--simply for voicing their opinion that the evidence clears Amanda Knox. Free speech does not apply to their causes. They tried to have a professor in England fired, a journalist in Seattle, a judge in Seattle, and others fired. Why? For having the audacity to speak what they consider truth. But if it’s not the trolls'
truth, then it must be stopped. Books must be burned.
I became involved in the Amanda Knox case when I realized upon examining the evidence that Knox had been railroaded, and that the evidence actually cleared her and her boyfriend Raffaele Sollecito. I began to speak out. If I had done so under a web pseudonym: “fbiguyreally;” I would have and should have been laughed out of the discussion. Instead, so that my expertise could add to the discussion and be taken seriously, I volunteered my name, my resume and my bona-fides to major networks and newspapers, including CNN, ABC, CBS, NBC and FOX News. They in turn vetted the information I had provided with the FBI in New York, Washington and Los Angeles, according to the FBI.
Yet immediately, a group of nameless trolls began questioning my credentials
. People who refused to identify themselves by name or occupation began to question who I said I was, and cast doubt on whether I really was an FBI Agent. This from people with dignified names such as ‘harryrag,’ ‘fast pete’ and ‘somealibi.’ At the same time, all three of these particular trolls claimed to have inside information and/or expertise on the case. But they would not identify themselves except for the “somealibi,” who claims to be an attorney. (This claim was investigated and is in serious doubt.) “Fast pete,” it turned out, appears to be a certain 70 year-old accused serial-liar for whom no employment records can be found for the last 20 years; and who was recently threatened with arrest by NYPD for stalking young women. Likely the nickname was given to him by his wife.The final poster, “harry rag,” has not been identified as of yet, though he is by far the most prodigious anti-Knox & Sollecito poster (but is strangely silent about Rudy Guede, the only accused who is not appealing his conviction, and who has admitted his involvement.) He claims to have inside knowledge on the case and speaks with great passion on the matter, but again, refuses steadfastly to identify himself, which raises the question of either his veracity, his motivation or his real concern. All three trolls attack others personally and professionally; demonstrably lying and threatening. One common theme of theirs seems to be sexual. My wife, who has also identified herself by name, has received some of the most disgusting pornography E-mailed from harry rag, and has been the subject of vile sexual suggestions and requests from harryrag and others associated with them. She has been called every name in the book by harry, fast pete and others.
These “honorable debaters” claim to be doing what they do for the sake of the victim in this case; Meredith Kercher. Meredith by all accounts was a beautiful, talented, popular and creative woman who was murdered and sexually assaulted by a burglar. But if one cares so little about finding the real murderer of Meredith that they aren’t even willing to use their real names, it is fair to ask whether the person (poster) even exists (many people have multiple pseudonyms), whether they are paid by another, or whether they even care.
How much passion can someone have about any cause or person when they are unwilling to even risk associating their own names with their statements? I would not care to have a friend who would not defend me without having a paper bag over his head. That person isn’t really a friend, that person cares much more about himself that he does about others. I hope harry rag has people he cares more about than he obviously cares about Meredith Kercher, because he doesn’t seem to be willing to go out of his way to support her. No, he hides behind a name. “With friends like that….” No, whoever he is, harry apparently does not have the concern and/or bravery inside himself to defend Meredith using his own name. Meredith fought for her life with bravery and nobility. She deserves better than friends who show the white feather.
There is a difference between fear and cowardice, of course. On the night of April 10, 1912, everybody on the Titanic was terrified. But people like Wallace Hartley, the ship’s bandleader, and his entire band, spent the rest of their lives not searching for a lifeboat, but playing music to ease the pain and the panic of the passengers. That was bravery. That was noble.
Sadly, many men of “noble birth” did what they could to displace women and children in the lifeboats. One 21 year old passenger named Daniel Buckley testified in the official U.S. inquiry of the sinking that he had somehow boarded a lifeboat that was full. When the Titanic crewmen found that men were aboard this lifeboat, they drew their pistols and ordered the men off at gunpoint so that waiting women and children could board before the boat was lowered. Buckley testified: “I was crying. A woman in the boat had thrown her shawl over me and told me to stay. They did not see me, and the boat was lowered down into the water.”
So he sat in the lifeboat crying, pretending to be a woman, wearing women’s clothing so that he could live at the cost of the death of a woman with a child. He was so unwilling to face danger or death, that he not only placed his wellbeing above the wellbeing of others, but he engaged in deceit to do so—so that others (the crewmen) could not enforce societal and maritime law.
Daniel Buckley assumed a different identity so that he could achieve an illegitimate goal. By not identifying themselves, or claiming that they are something that they are not, Internet trolls are also assuming a different identity, for equally duplicitous purposes. This is epic cowardice. But instead of taking the place of a woman and child who would ultimately die, they are going after two innocent kids. The difference, of course, is that Daniel Buckley’s life depended on it, so one can almost understand his failure.
What’s in it for the trolls?
Since December 2007, when investigator Edgardo Giobbi, forensic technician Patrizia Stefanoni and prosecutor Giuliano Mignini began their ill-fated quest to frame Amanda Knox and Raffaele Sollecito, all lucid, experienced investigators, and observers who were unimpressed with hyperbole and tabloid rumor have been clamoring for a review of the “real” evidence in the Kercher murder case.
It took two and a half years for an honest judge to finally order such a review. And, true to the suspicions of people who really know good evidence and what it looks like and what it doesn’t, it has come back completely discredited. Worse maybe. Likely more than the evidence has been devastated and discredited. So too, it appears, have been the careers of Giobbi, Stefanoni and Mignini.
The “murder” knife? The knife they like to call the “Double-DNA Knife?” It was alleged by convicted suspect-abuser Mignini to have the DNA of Amanda on the handle and the DNA of the victim on the blade. Amanda’s DNA on the blade is not unusual, in that it was in a kitchen in which she cooked—but was 10 minutes away from the murder scene. And as any Kercher-case court-watcher knows, the prosecution’s own witness said that the knife could not have inflicted nearly all the wounds in the victim’s neck. And the one they could not rule out was simply a slash, which could have been caused by any sharp thing. So they played musical knives?
Mignini, who is assisting in the prosecution while appealing a 16-month prison sentence, insinuated that the DNA on the blade was derived from Meredith Kercher’s blood.
Well, this knife did NOT have the DNA or the blood of the victim on it. And never did. The “Double-DNA Knife” appears to have been misnamed. I think it should be called the “Dupe-a-Dummy Knife.” Meredith’s DNA? No way. The discredited procedures of Stefanoni apparently allowed her to call the substance she saw on the knife DNA, and once she found that, and as long as she got to make up the procedures as she went, she could call it anybody’s DNA she wanted. What did the unbiased Italian experts say about Stefanoni’s brilliance?
Relative to trace B (blade of the knife) we find that the technical analyses performed are not reliable for the following reasons:
1. There does not exist evidence which scientifically confirms that trace B (blade of knife) is the product of blood.
2. The electrophoretic profiles exhibited reveal that the sample indicated by the letter B (blade of knife) was a Low Copy Number (LCN) sample, and, as such, all of the precautions indicated by the international scientific community should have been applied.
3. Taking into account that none of the recommendations of the international scientific community relative to the treatment of Low Copy Number (LCN) samples were followed, we do not accept the conclusions regarding the certain attribution of the profile found on trace B (blade of knife) to the victim Meredith Susanna Cara Kercher, since the genetic profile, as obtained, appears unreliable insofar as it is not supported by scientifically validated analysis;
4. International protocols of inspection, collection, and sampling were not followed;
5. It cannot be ruled out that the result obtained from sample B (blade of knife) derives from contamination in some phase of the collection and/or handling and/or analyses performed.
What does all that mean? It means that there is no evidence and no reason to believe that blood was on that knife--ever. It also says that the “DNA” on the blade was of such a small amount that an entire category of procedures were required, procedures which Stefanoni did not know, and equipment she did not have, and protocols she did not follow. It was as if you gave a Boeing 747 to a Cessna pilot and said, “Fly this to New York.” Sure, he’s a licensed pilot, but not licensed to fly something that demanding or complicated. The result would be catastrophe. Same as what happened here. Stefanoni was a Cessna pilot who told the court that she had landed a 747 in New York, ahead of schedule and without spilling the passenger’s drinks.
Additionally, and interestingly, when the handles were taken off the blade of the knife, no blood was found. Starch was found. Starch? Yes, as in the type of starch found in the water of boiling pots of pasta. If blood had EVER been on that knife, the starch would have absorbed it and preserved it. That knife has never even touched blood. The independent examiners actually requested that they be allowed to remove the handles from the knife. Why? If the knife was used in a bloody murder (as alleged), then significant residue from the blood of the victim would very likely be lodged between the handle and the blade. One would think that this would be a huge boon to the prosecution. But the request was denied. Why? Did the defense object? No. The defense wanted the handles removed. It was the prosecution which fought to have the handles kept right where they were. There is only one reason that the prosecution would want the handles kept where they were: Taking them off would prove that the knife had never been used in a crime.
Now that the Dupe-a-Dummy knife has been relegated to insignificance and infamy, the only piece of real evidence that “ties” either Amanda or Raffaele to the crime scene is the infamous “bra clasp” of Meredith’s, which was found six weeks after the arrest of Amanda and Raffaele.
This clasp was said to have Raffaele’s DNA on it. But when requests were made to test it, the court was told that the DNA was completely consumed in the first test. NOT SO, say the experts. They said that they found “copious” amounts of DNA on it. But NONE of Raffaele or Amanda. In fact, the DNA which the “expert” Stefanoni said was Raffaele’s DNA was actually so badly misread, that she mistook one chromosome as a “Y” chromosome, which made her think that a female’s DNA was a male’s DNA. And in particular, the male was, inexplicably, a man who had never been in the room, but whom the prosecutor had arrested. I would call this piece of evidence “an arrested development.”
Relative to Item 165B (bra clasps), we find that the technical analysis is not reliable for the following reasons:
1. There does not exist evidence which scientifically confirms the presence of supposed flaking cells on the item;
2. There was an erroneous interpretation of the electrophoretic profile of the autosomic STRs;
3. There was an erroneous interpretation of the electrophoretic profile relative to the Y chromosome;
4. The international protocols for inspection, collection, and sampling of the item were not followed;
5. It cannot be ruled out that the results obtained derive from environmental contamination and/or contamination in some phase of the collection and/or handling of the item.
Again, the “Cessna pilot” is chided;
“The international protocols for inspection, collection, and sampling of the item were not followed.”
So now the bra clasp means nothing. And the knife means nothing.
This is not the case where a technicality causes the prosecution to have to throw away good evidence. There never was evidence there. This is a case of made-up evidence that has been exposed.
The alleged “confession” (see injusticeinperugia.com) was so heinous and illegal that it was thrown out over two years ago by the Italian Supreme Court. And in this “confession” Amanda was simply slapped, kept up all night, screamed at and threatened with the rest of her life, to say that the man the prosecutor wanted to pin the crime on, Patrick Lumumba, was in the house that night. And Amanda retracted this “confession” hours later, citing coercion. So the “confession” means nothing.
The “witnesses” were shown to be drug-using, paid, serial witnesses who could not tell the difference between one day of a week and another, obviously mistaking Halloween for the murder night. So the “witnesses” mean nothing.
Last week, two former cellmates of Rudy testified that he told each of them that he felt guilty, because Amanda and Raffaele had nothing to do with the crimes. In addition, the cell occupants on either side of Rudy’s cell corroborate the story, saying they heard him tell the story to not only his cellmates, but a priest and a nun.
So what is left? Nothing, really. There is no credible evidence left with which to pin a murder on two innocent kids. But they will try. In order to protect their careers, which are clearly now on the line, they will allege stupid, ignorant things that people who do not know forensics or investigations might believe because they sound intelligent when they say it. If you asked a British Gentlemen to explain a serious lower-digestive problem and didn’t listen to the exact words, you might think he was critiquing a good wine, simply because of how he speaks. This is what Mignini depends on; sounding believable, regardless of how unbelievable he actually is.
Here is what the crew is now likely to throw out:
1. The discredited allegation that Raffaele’s “bloody footprint” was on a bathmat. All scientific explanations have shown the footprint to be incompatible with Sollecito’s foot and completely compatible with Rudy’s. No one outside the case, or the willingly deluded, still believes that the bloody footprint belongs to anybody but Rudy.
2. Alleged “bloody footprints” of Knox in the hallway. Stefanoni herself testified in court that the footprints of Knox were not derived of blood—and Stefanoni said that after she had perjured herself by testifying that she had never tested them for blood. Most experts agree that the footprints were likely from a shower cleaner.
3. The “Staged Break-in.” This could simply be resolved by sending the glass from the break-in to the FBI lab and have ascertain for the court whether the rock was thrown from inside the house or out. But the prosecution won’t do that. Why? Wouldn’t that help their case? Hmmmmm. They didn’t want the DNA tested either. Hmmmmmmm.
4. Allegations of “mixed-blood” of Knox and Meredith. This is the most easily refutable, but like the Loch Ness Monster and Big Foot, it is still held by those who want to believe it. The “mixed-blood” supposedly occurred in Amanda Knox’s sink. In reality, the killer washed off in that sink, which is just across the hall from the murder room. Amanda had used that sink for weeks. It was awash in her DNA from brushing her teeth, her hands, her face, spitting, blowing her nose, brushing her hair, etc., etc. There was enough of Amanda’s DNA in that sink that if it was found 1,000 years from now, they could clone a race of Amanda Knox’s, (which if people knew the real Amanda, would not be such a bad thing.)
What happened was simply that Meredith’s blood dropped off the killer’s hands into Amanda’s sink, absorbing DNA as it did. If Amanda’s DNA was not in that blood sample, it would have been suspicious. But we can resolve this urban legend immediately. Send the sample to the FBI lab. They can tell you if there are the blood of two different people in that single drop. But they won’t. Hmmmmmmmmm.
Oh, and another problem is that Amanda didn’t have cuts of any kind or any other sources of blood on her entire body the morning after Meredith was murdered. Where did the blood come from?
5. "Mixed-blood" of the victim and Amanda’s DNA in the break-in room. The sample that purports to be this specimen is blood tracked throughout the house by incompetent “criminologists” as they walked un-restricted from Meredith’s blood-covered floor, down the hall where Amanda walked barefoot and into the break-in room. There are two hours of videos showing just this behavior. Additionally, the specimen is not a footprint, a shoeprint, a handprint or any other identifiable thing. It is a blotch about twice the size of a human foot, and it is circular. It is compatible with only one thing: The booties worn by the criminologists. (I have added a photograph of an actual "criminologist" at the actual Kercher murder scene. The booties he's wearing are not removable. They are attached to the coveralls. The video shows these men moving into and out of the cottage, walking onto dirt, and into every room without changing these booties.)
One might wonder how people can still find a reason to believe that Knox and Sollecito aren't absolutely innocent. There are several reasons, really. First, some like Giobbi, Mignini, Massei and Stefanoni have careers riding on it. Others were simply duped by a hostile tabloid press and find it easier to believe that the two kids are guilty than face the fact that the press and a prosecutor would lie to them. (To them, I say "wake up!") There are some who are predisposed to dislike Amanda because she is an attractive female, because she is an American, and because she is viewed at "rich." (She is not, except in the currency of friends, in which she is a tycoon.) Some are just maladjusted. And finally, some are too naive to understand the nuances and complexities of criminology and forensics. Just today, I read a post by a person convinced that Amanda is not innocent. But to be clear, this particular person is not an unbiased poster looking to be educated on the case or even the nuances of DNA indications; the poster is a serial-poster in several of the hate-Amanda-Knox websites. 9These people post horrible vitriol about Amanda, yet seem to ignore Rudy Guede (whose DNA was inside the murder victim), and Raffaele Sollecito, the co-defendant of Amanda--who is equally innocent.) The poster had read the report I included in this article. They read that Amanda's DNA had been found on the handle of the knife, and assumed that DNA and blood are synonymous. Which is patently untrue. Rather than check their facts or try to understand the report, they attacked Knox. DNA can be found in skin cells. It can be found in hair. Blood is only one substance in which it appears. If DNA = Blood, then anything is possible, I suppose. The Earth could = the Moon. People who are unbiased and seeking the truth will seek out knowledge on the subject, not information
No physical evidence. No “confession.” No credible “witnesses.” No DNA. No bloody footprints. No knife, no bra clasp. No nothing. Only two questions about this trial remain: 1)With this situation, what will the Italian judiciary do about it? and 2) Why are the kids still in jail?The new Judge; Hellman, has shown himself to be a fair and honest judge to this point. I have high hopes that he will continue on this path and show the world that Mignini and Massei are aberrations, much the same way that the independent forensic examiners showed Stefanoni to be just such an aberration. But one can be forgiven if the blatant bias of Massei has caused an inherent (but hopefully short-lived) distrust of the court in Perugia. Amanda and Raffaele should be out of prison pending the verdict. They should be exonerated before the summer is out.
The enemies of Amanda and Raffaele are avarice, ignorance, megalomania, hate, envy and superstition; not the evidence. In fact, the evidence is their biggest supporter. Remember, it is the defense which has been clamoring for everybody to look at the evidence as closely as they can. It is the prosecution which has attempted to hide it.
So, quoting Abraham Lincoln:
“With high hope for the future, no prediction in regard to it is ventured.”