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JUDGE MICHELI REPORT (GOOGLE TRANSLATION)

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PostPosted: Fri Jan 30, 2009 2:00 am   Post subject: JUDGE MICHELI REPORT (GOOGLE TRANSLATION)   

JUDGE MICHELI REPORT (GOOGLE TRANSLATION)



Micheli pages 101 to 106
The duplicity of the criminal case put in place does not contest in any crime, nor the material (in case, as crime continued) or formal as the Court of Cassation, in accordance with the conclusions of the rest resigned about the PM, is excluded Formal competition between the crimes of murder and rape committed the same time, the latter being absorbed in the first sub-species of aggravating circumstance under Art. 576, first paragraph, no 5, cp, without even being required to connect any type finalistico between the two crimes "(Cass., Sec. I, January 29 - 25 March 2008, RV 239,365), and similar claims were also expressed regarding the specific crime of Article. 609-g cp, when there is sexual violence group (Cass., Sec. I, January 28 - February 22 2005, RV 230149).
Therefore an adhesive to the structure and the discipline of the complex crime of Article. 84 cp, while the sexual offender absorbed as aggravating, the more serious crime of murder under Article. 576 co. 1 No 5 Criminal Code, it remains to be seen, however, as the case worse, there may be circumstances where the contrary, to take appropriate relief in any court of comparison.

The only possible mitigating factors, ICTU oculi are those generic art. 62-bis cp, but can not be assumed, in the opinion of the writer, that it is worthwhile GUEDE: but, if you wanted to see those in favor of mitigating prevented, would be consistent with justice to consider the prevailing aggravating reported above, which connotes the same cause of action of all those responsible for the murder, and in particular to those who physically carried out the course of sexual violence.
This judge does not grant the mitigating generic, because the factors to be considered not in favor of defendants would be eligible to overcome the contrary view, nor the gravity of the appalling criminal conduct, nor the weight of the specific conduct of the post delictum GUEDE, especially if you take into account that he, given the unreliability of which have been widely mentioned, has not only made false declarations, but it was literally invented an almost endless series of lies.
In favor of you would have prevented the past incensuratezza, compared with an experienced staff rather problematic, and the fact that he was not to challenge the knife that struck the girl, and the possibility that Kercher was however provided emergency can not be explained otherwise The presence near the corpse of three towels more or less completely soaked with blood. However, the cleanliness of the certificate of criminal record (apparently, since only a few days before the fact GUEDE Milan toured with stolen goods) can not be always and everywhere a sort of bonus to be provided for the collection, especially when discussing crimes which show an absolute lack of brakes inhibitors and tendency to abuse of the weakest, and the personal stories of RUDI then be read in parallel with the many opportunities given to him, selflessly, several families willing to help, which already offered the possibility of purchase and construction of an active and normal life for the other, but got no nell'imputato seriousness of intent, and the fact that he was not to handle the knife is not enough to relegate to the background on the scene of the crime because he was offended at the same time the sexual freedom of the young.
It remains a special towel, however uncertain of reading if you do not keep the faith (and no one can, as shown) to the accused, if served, however, to improvise some kind of emergency assistance in respect of MEREDITH, the approximate as useless it may take those towels was just him, or who had it all the attackers, once they realized that it had exceeded the limit.

But it is not possible that this late reversal in the trend, when already the size of the wound caused the victim's neck made it obvious the failure of the attempt, serves to overcome the extreme gravity of charge, with a girl of 20 years of private good life in circumstances so bleak (and those were because of who was determined to commit crimes so superficial and lightweight), and which were caused enormous suffering for the disappointment of seeing reject outrageous claims, as had the right MEREDITH to do.
Coming then, and finally, to the sanctions, because it must be challenged dell'aggravante reach the imprisonment, without the occurrence of additional charges that could determine the day isolation, thereby replacing the penalty of 30 years in prison, given the option for the short ceremony. Achieve by law for an order for court costs and to pay the costs of maintaining in prison in custody, as well as ancillary to the penalties provided for in Articles. Cp 29 and 32, because of the extent of the penalty imposed, and art. 609-h cp, given the acknowledged responsibility for the crime of sexual violence, even if absorbed into the most serious challenge.
There is no need to provide here on seizing assets in court, under the continuing process of co-defendants charged.
As a result of the establishment of a civil party, Mrs. TATTANELLI ALDALIA entitled to being paid their expenses, and to see upheld his main point in damages (to be quantified separately, as per the request of the patron, not yet ascertained the actual size of the decrease suffered by the same asset, not even in respect of the costs needed to cope with the deterioration of the immediate consequence was that the murderer. As to notula, it seems reasonable return to the particulars of the defendant , with slight rounding down.
Similarly, as a subsidiary tragically higher, must take decisions for the next joint MEREDITH Kercher. The expenses for their defenders, will be calculated on a common part, then increasing the amount by which the patron has asked for more people, in proportion to the number of assistance is estimated to comply Justice indication expenditure for the figure of € 18,000.00 as to the position of Arlin STEPHANIE LARA Kercher (net of a flat above, to be considered among the accessories, and suitably reducing the amount outstanding) and € 21,000.00 on other positions , where the defender has already formally engaged by the previous period, thus increasing the voice of examination and study. The latter amount will be added to the figure of € 3000.00 for each of the parties further assist, in addition to the first, contained in under the limit of 20%.

In order to question, there will of course discuss the damage: and defenders of civil parties have explicitly stated that a settlement is prepared on the basis of principles of equity, art. 113 c.p.c.
In this perspective, the discretion of the court is very broad, as the Supreme Court, that "the assessment of damage is not equitable property is left to the discretion of the trial court and is not in the questionable legality, if has satisfied the requirement of reasonable correlation between the severity of actual damage and amount of compensation, correlation motivated by concrete elements that can contribute to the process of formation of free conviction "(Cass., Sec. V, October 27 - November 24 2006 , RV 235,024). It was also stated that "the person offended by the crime that relies on a criminal investigation of the event of his right to compensation or restitution is not exempted from the requirement to prove the extent of damage done, the kind and extent of injury, the traceability of damage done to the crime and to provide the information necessary to quantify the damage. In relation to non-pecuniary damage, however, the assessment of the trial judge can not be analytical but it is called, in an equitable basis, to its discretion and is not in the questionable legitimacy if it contains an indication of adequate, even if summary , logical reasons for the process adopted "(Cass., Sec. V, January 31 - March 2 2007, RV 236262).
In an event such as this, there has been confronted with cases of damage or injury only moral traditionally understood in the sense of injury and mental and physical integrity of the person making the calls, the damages was neither in line with the state of suffering that naturally follows the loss of a future deal. Kercher's family was shattered in - legally deserving of protection, and belonging to all its components - all'intangibilità of the sphere of mutual affection and mutual solidarity and it is not necessary to believe that interest dramatically harmed, provide concrete evidence of a relationship between the parties and the civil defunct MEREDITH, characterized by love, expectations and attendance, because those who invoke its application of justice is a parent, brother or sister of the girl killed. A girl of just 20 years, which affects both the drama of suffering inflicted on those who lost as a daughter or sister, is likely on the confidence of current suffering even between brothers, in contrast to what could happen when the destinies of one to separate from those of the other, more advanced in age.

The criteria for the equitable settlement under Articles. 1226 and 2056 cc, moreover, are based on substantive issues of justice, not mathematicians, and can not not take account, in a situation such as this, the fact that a girl was killed in a brutal after greeted those families , going to live an experience of all who study abroad, you first, would have been imagined a source of satisfaction, never of tragedies. It is therefore necessary quantification particularly high, the schedule in the device, diversifying the positions of their parents than those of the brothers because of that common feeling that want even more unbridgeable for a father or a mother the vacuum left by the loss of a child .
The objective complexity of the process finally makes it necessary in an extension of the deadline for filing the grounds of the above, to the maximum of ninety days allowed by the code of the rite.

P. Q. M.

The Judge for Preliminary Hearing;
Viewed Articles. 442, 533 and 535 c.p.p.

HEREBY

GUEDE RUDI HERMANN
guilty of the crimes attributed to him in the head) and C), considering that dispute absorbed in the crime of aggravated murder, and - with the planned reduction in the choice of the rite - the

CONVICTION

punishment of 30 years' imprisonment and the payment of court costs and to pay the costs of maintaining in prison in custody suffered;

Viewed Articles. 29 and 32, 609-h č.p.

HEREBY

GUEDE RUDI HERMANN
perpetually disqualified from holding public office and from any office relating to the protection and curatorship, and in a state of legal prohibition of atonement during the penalty;

Viewed Articles. 538, 539, 541 c.p.p.

CONVICTION

GUEDE RUDI HERMANN
- To compensation for damage suffered by the civil party formed TATTANELLI ALDALIA, be settled in separate court, and to pay related costs, which in liquid € 2800.00 for fees and expenses, plus overhead costs, VAT and accessories;
- To compensation for damage suffered by the civil parties formed Kercher John Leslie, Arlin Kercher MARY CAROL, Kercher John Ashley, Kercher LYLE that liquid on fairness to the extent of € 2,000,000.00 each for Kercher John Leslie and Arlin Kercher MARY CAROL and the extent of € 1,500,000.00 each for Kercher John Ashley and Kercher LYLE, and to pay related costs, that clears € 30,000.00 in total fees, in addition to overhead costs, VAT and accessories;
- To compensation for damage suffered by the civil party formed Kercher STEPHANIE LARA Arlin, that clears on fairness to the extent of € 1,500,000.00 and to pay related costs, that clears € 18,000.00 in fees, in addition to overhead costs, VAT and accessories;

Viewed Articles. 442, 530 2 c.p.p.

FULFILLS

GUEDE RUDI HERMANN
by booking ascribed to him in Chapter D), for not having committed the fact;

Viewed Articles. 442, 544 3 c.p.p.

INDICA

in days-nineties, the deadline for the filing of motivation.

Perugia, 28.10.2008
THE COURT
dott. Paolo Micheli
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PostPosted: Fri Jan 30, 2009 2:04 am   Post subject: Temp   

Micheli pages 81 to 90
On 26 March 2008, however, explained to RUDI p.m. the photographs and when the group invited to the house of the Spanish moved almost en bloc to the "Domus," but it was in the nightclub that met Kercher, and not before, offering a seat in the description of the places, he said "c 'is the bar for drinks and then there is a room, there is an arc and a room. I am going there, is there that I met MEREDITH. On the context of the meeting, and the content of the interview, stated: "I went to talk to MEREDITH .. speaking however I gave a kiss .. After that I expressed what I liked and I said if the next day, in all the confusion, however, if we would have seen the next day and she said yes we would have seen (..), the evening to eight and a half so ".
While not having to investigate the issue, basically irrelevant, if the two had agreed to an hour or less accurate (that it has confirmed the names of 20:30 in both reports, however, leaves the impression that the second GUEDE an appointment l ' had), come to my attention the blatant dystonia of the two versions.
A context of room between two bathrooms, in an apartment, is radically different from that of a bar for drinks and a bow, in a pub; all want to give, then you can make mistakes in place in one rather than in 'otherwise the last time that we have come across a friend, never the first time that there was an exchange of a kiss with a girl in which you try attraction. It noted, however, that the accused is to describe in terms of its strong emotional feelings of the time, because, while intending that kiss as a gesture rather superficial, the GUEDE touches in his first rehabilitation in GIP that he failed to see again MEREDITH the "Domus" despite nourish the inner expectation that you are added to the group moved into the house of the Spanish: expectation that disappears by magic in the second version offered to the Prosecutor of the Republic March 26 . As you may remember RUDI December 7 that he had confided in fact Kercher to review the "Domus", after a kiss at the home of Carlos and Thomas, and then sought to have it in that space, without success, when in fact he had encountered only at the "Domus" and not before? And, conversely, how can not believe that the correction of the route - although he at the "Domus" was really gone, according to some witnesses in addition to the photographs produced - depending on the fact that they realized impossible to sustain the presence of the Spanish MEREDITH, denied in the root of all the girls who had spent the evening with her?
Already at this point, it seems clear that for GUEDE believe we should take a superhuman act of faith, but other data yet, in fact and logical reasons, contribute to making that act of faith, as this court has warned the duty technician moral and disposed of to make absolutely impercorribile.
Returning to the evening of 1, once RUDI went in the bathroom, would put the i-pod and, with loud music in the headphones, you would be entertained for a few minutes to make their own needs. Apparently he had a habit of behaving this way, we can accept even if that car-pod have lost track, having prevented the attachment that it was obliged to sell it during the brief absconding in fact: there you can avoid, however, noted that those headsets and deafening music (perfect for making plausible the rest of the story and justify the isolation in which the accused was found while someone else killed the girl) were not part of the costume GUEDE further ground in the time that witnesses had to go to his body, ie during the night by children Marche.

Incidentally, that was about time we noticed a particular applicant, or the fact that the couple had not pulled the discharge, but no one saw the ear "ball", which is impossible to be reconciled with the fact that he fell asleep sitting on water.
Before even isolate, in any case, RUDI heard someone playing at the door: nell'interrogatorio guarantee did not say anything to bring the voice he heard that the KNOX, but in the version of events exposed to PM He expressed the belief that he recognized the voice the American.
At this point, the act of faith above announcement should overcome yet another obstacle to justify why AMANDA had played the bells, because in that house we had lived and clear keys.
The alternatives, in addition to taking the high road which leads to the belief that the GUEDE not tell the truth, are quite twisty: you should imagine that the KNOX had forgotten the keys somewhere, or thought - why was carrying something heavy and unwieldy ? - Not being able to use, or that he had found in all the locks the keys MEREDITH, which had prevented it from opening.
Possibility, even the latter, to say the least remotely: It is true that in that lock the latch was defective and should always give the flow, but precisely because of that need, and the fact that all the girls were aware, each would have had to use caution not to leave the keys entered. Perhaps the Kercher had done that night, knowing that any of the others would be back that night, and thus to ensure greater security than unwelcome intrusion? And what could be sure that someone does not change the program, admitted that they had announced their intentions, or had not, however, need to go home early in the morning the next day? Moreover, she had just entered the GUEDE, which - in the reasonable expectation of the time he opened and closed the door behind him - could not appear as one that would surely have spent the night with her, and then, at least to him, was to reopen.
Ultimately, the question "Why KNOX should have played, since he had the keys?" Is inevitably destined to remain without a plausible answer.
Another, even more important question, however, is a direct result of the relief - and empirically clear - that the name of KNOX comes out only in the mind, according to interrogation (better to say, the third, if it has also made a Koblenz) .

On 7 December 2007, before the GIP, he said they went to the bathroom after the approach taken by MEREDITH, and added: "I heard the door ring the bell, however, and after I put the volume up and I did the my needs ", without any reference to AMANDA, describing the moment when you looked at the window of the room to look out ROMANELLI, after escaping the unknown armed with a knife, said," there was a room, I entered into that room because the window was visible, and you saw the courtyard and the street, I have not seen anybody, "and then to reiterate that they have not seen, let alone anyone recognized.
It can not be said, therefore, that on 26 March 2008 statements sull'aver recognized the voice at the door and AMANDA sull'averne view the figure at the gate were a kind of completion of the story before, maybe because it was which there was not time to ask and that would have clarified GUEDE even if the second interrogation had put on 8 December was a rather radical change of direction, which should be taken into account in order to comprehensively assess the 'reliability of the accused. The question implicitly announced a few lines ago, is: If the truth is, that is to say if the door and the gate was really AMANDA RUDI and the recognized, why not just said?
To respond to the comments of the defense as to the natural instinct of self that characterize the actions of GUEDE, and that would justify his decision to escape from the house on Via della Pergola call without help, must be observed here that you are talking directly quell'istinto , of which the accused has shown the theatrical do not know how to use the occasion the more important it has happened. Pandette or not the rules of convenience, but the instinct, elementary logic, the same attitude RUDI when they fled, knowing that the murderess had escaped him before leaving him in that bloody room, they should make them understand that the first thing to do, having to explain his presence in those places and convince those who listened that it did not kill anyone, was to say: "Yes, I was and I do not want to deny it, but also saw someone else." It was un'allegazione critical to a person in his position, coessenziale the need to defend itself (repeats in the sense of instinct for self-defense, rather than technical procedural) of less importance than to highlight the reasons lawful be in his home with the victim, instead, nothing.
A silence even more inexplicable, if one thinks that - given the difficulties intuitable that the accused was, like everyone else, to describe or provide evidence on unknown people, where before we had found a perfect strangers - he had lucky enough to see and recognize a girl not only knew the name and surname, but he knew otherwise have been accused of that crime, and was already in jail for that reason.

The GUEDE had not, therefore, not even the natural obstacle warning that a witness in cases of uncertainty, knowing you put someone in trouble that the yield of the accounts may be unrelated to the facts: on one hand, there was little room to imagine that he had wrong person, as the known and it was - in full measure - just the girl to which the victim was made to launch a few minutes before the abuse, and second, did not even feel the burden of responsibility of having involved in surveys, because there was already up into the neck and wrists in handcuffs, with names and photos appeared in newspapers around the world and widely accessible via the internet, means by which RUDI had high confidence.
The profiles of non-credibility inherent in the version of GUEDE have not yet finished, because it goes further in mind include: According to the reconstruction offered by him, it is clear that the attackers acted MEREDITH RUDI not knowing who was at home, maybe the outcome a quarrel degenerated immediately, they would then faced with surprise to a boy of color came from the bathroom, with the consequent need to address it or run away. It should be first considered that - excluding the entry of thieves or of persons to whom the victim would not have spontaneously opened the door, given that the accused recalls the sound of the bell and would point out that when he went away there were no broken glass or signs of tampering - a very difficult debate between sudden people you know, one of whom is a girl, have a way in just ten minutes to be born and grow up to take a turn would lead to use knives, and it is more likely to result in a coup in isolation, oppression, or for defense, rather than conduct detrimental long as that of the doctors have given legal aware. Thus, even under the test, the act of faith above mentioned features of membership should dogmatica: To believe it should take for GUEDE admitted that, as if by chance, the Kercher not found anything better than an abrupt switch from a moment of tenderness and passion with him to a violent quarrel with someone else, arrived at that place exactly on the point where you RUDI defiladed in the bathroom.
In addition, and above all, what could be a surprise for the murderers, namely its presence in the house, it was certainly not for the other party in contention: MEREDITH, unlike those who attacked, was well aware that in Toilet was a person that she had allowed to enter and ritirarvisi, therefore, faced with someone who had begun to raise their voices, passing a string to his arms and ended up brandish a knife and throw into the ground, because it would not could warn suffered at home, saying that there were those who could help?

And why, in particular, could not immediately get a strong cry, invoking the name of that RUDI accorresse to his aid, rather than simply a chatter among women in some items' altered, such as that which the defendant claims to have perceived without even had a tone of concern?
The same medical and legal information to lay a more than plausible progression of violence, which they certainly tried to react, and then - if it is reasonable to think that a woman residing at 70 meters away could hear only the last and most desperate scream of the girl - is very difficult to allow the headphones to the ears of GUEDE, to 4-5 meters from there, the other prevented to hear cries or noises before.
The prevented, however, has not heard anything to that cry, which made him leave the bathroom without thinking of ricomporsi or to pull the water, and would have found that an unknown person gave away, standing on the threshold of the room Kercher or just inside. Apart from the inverosimiglianza a colluttazione prolonged, with a man armed with a knife who decides to run away when his contender arrabatta you with a chair or a stendino, it is not clear what would have been to make that guy on the door of the room: ol 'aggression was still in place, and then the murderess had to be lowered on its victim, or was it all over, and that young man with the shirt of the "Napapjiri" should have been intent to move away and not stay up front there impettito to be a shoulder tap from GUEDE who tried to understand what happened.
The behavior of the alleged aggressor, and in particular the sentence that he would face at one does not know who (of AMANDA, you should assume, remained in the house into the lane but reappeared in the context of the flight), is a turn unreasonable: that the imbalance of power between the knife and the chair, and then a strange thing that people miss is held on the first than the second, say something like "negro found, here is the culprit" has no meaning. The only person who could discern a meaning in that sentence was, as if by chance, the same RUDI, because it served to justify his attitude reluctant to call rescuers and the subsequent lifting of tents: In his story, which then must deemed to be of convenience, that sentence there is a brush, because - even in a 'pathetic - can claim to describe and explain his state of mind and his behavior after the fact, but from the perspective of those who spoke baggianata was incomprehensible.
In addition, those who had decided to escape, after having made the unforeseen presence of someone in the house where he had just committed a murder, could instinctively tell the party to be careful, because he had found a person, perhaps even specifying the color of the skin not knowing where otherwise indicated, but it is one thing to say "there's a nigger, run!", is quite another to start planning future strategies ( "there's a nigger, we are guilty").
"Guilty" is not even a word of slang common imagined if those uses has just been caught with a knife in his hand, and can legitimately think that the person before him, black, yellow or turquoise that is, grab a phone and call the Police: anyone taken into foul with those procedures, would have instinctively thought to RUDI as a nuisance and heavy baton charge, never as someone on which to easily download the burden of their responsibilities.
That, in effect, would have been the normal and predictable: stay, and help to call immediately to tell police what had happened. Behavior that, by collecting the provocation, was also adopted by Dr. Richard Kimble fiction film in which the defense wanted to see: that the character became "The fugitive" after it was accused and convicted, but the fact nell'immediatezza - returning home and finding the corpse of his wife - had asked for help and called the police. RUDI, against what it claims happened, he did not, but whether, assuming that it has told the truth, his escape would still be understandable because he knew he must also give an account of possible traces of a sexual contact occurred shortly before certainly would not be understood or predictable, in the eyes of the alleged murderess.
Sold as the credibility of the former if not the reconstruction offered by prevented, can now analyze the second of the issues highlighted above, namely the existence of a large number of players who made the show.
On the basis of the many witness statements, it should be noted that the GUEDE told the truth, pointing out that he was at the "Domus" the night of 31: not by the photos if not on a deductive (he is in the company of some boys in the first photos, taken in the house of the Spanish, and some of those boys also appear in images of the interior of the restaurant, even if it is not traced back to the days of the exact number of occasions), but the Espinilla said that he had seen in the pub, thereby overcoming the bad memories of SALIM ZAFER and nonsense of BARROW.
None, however, remember to have seen him talk to the Kercher, nor the "Domus" or elsewhere, and none of the friends of the girl reported to have never heard mention RUDI as friend, acquaintance, or attending an occasional evening, as none Friends of GUEDE recalls confidences or appreciation on behalf of MEREDITH (while it did, albeit along with others, AMANDA). This is an incontrovertible, that must be taken into proper consideration can not be regarded in itself impossible for October 31 the accused had the opportunity to attack the girl with speech, which - as related SILENZI - was not certainly bound to him by a promise of marriage, simply, no one noticed, but no one was aware of Kercher later, though Halloween was not finished there, and while there was an entire afternoon, from 16: 00 to 21:00, at the disposal of the four British friends to comment on the previous evening.
The defenders have understood that represent MEREDITH was probably not as reserved and selective in visits, as someone wanted to describe, and it is likely that they are right: but if it intended to live in fullness and joy of its 20 years, it is natural to assume that you normal boys were known, and it was also normal to make the word with friends with whom he had confidence.
Apart from the previous days, where RUDI could perhaps be limited to a greeting more or less returned, on the evening of 31 at the "Domus" he intrattenne (he said) with MEREDITH for a few good minutes, not the time to be taking an impromptu photo: no one noticed that may be accepted because of the crowd and the fact that perhaps the specially GUEDE advantage of a time when other British or were dancing in the bathroom (but, as if, in spite of the confusion was noted RUDI dall'amica Spanish only in the company of a blonde girl), far less likely is that Kercher could have reasons for reluctance to do with word AMY, ROBYN or SOPHIE. The four friends were out for fun, and - of course - any knowledge interesting were the men's expectations and the outlet of physiological events of that type, yet to be heard and to have attracted FINANCO kissed a boy would not lead to any MEREDITH comment, despite the time spent on the day regarded in photographs released on the web.
Mind you, after all, that nothing in Kercher imagine that you would not be judged by others because, with girlfriend GIACOMO, had made came from the first kiss, or even less because they wanted to say that interested in a boy color. The link with the SILENZI had lived with a relative, and if both said to be good in that story is also common ground that neither he felt obliged to absolute fidelity, or even prevented in addressing the word to others, and the ROMANELLI the MEZZETTI said, in one of the last minutes of information made simultaneously, which would MEREDITH expressed in terms of everything negative about the possibility of betraying a boyfriend or a companion, which had never done, but it was a declaration of ' intentions, especially considering that GIACOMO (as the Bidwell) had happened to express some reservations. As for the fact that RUDI be of African origin, simply noting that the same mother MEREDITH skin is not white, to clear up any suspicion malicious.
On the other hand, if he could not pretend that the Kercher will open with her friends over, you can not take for example, confidence that the HAYWARD not she had been informed of an occasional use of cannabis, as he noted the defense: that is certainly not something that is said to everyone, unlike the possible sympathy for a guy known to a party.

The kiss-up would be RUDI remained a state secret, despite Butterworth, the PURTON and FROST (the latter, according to his deposition and those of others on the night of Halloween, it always remained in the company of the MEREDITH " Merlin "and" Domus ", apart from a break of several minutes but only in the first place) they had come the day after a spettegolare with you on the feast. Similarly, the PURTON would have greeted her friend at 21:00 with almost yawns from both sides, having both the firm conviction to go to bed early as possible, in spite of the fact that he saw MEREDITH already half an hour late on the alleged time of the meeting suggested with the accused.
Even more important is that the refutation GUEDE found by his friends and ALEX PHILIP, as stated in the measure de libertate involving the co-defendants: the RAW claimed to have seen him for a few days and then receive a visit home November 2, coinciding news of the murder (without notice if it were wounded in the hands), while the MALY - who like the particular ALEX confirmation of the presence of Kercher the "Shamrock" for averglielo that some American friends after the murder, but denied that there had spoken RUDI - recalls that he saw the accused last four or five days before Halloween. Version, the latter, that does not conflict with other findings of inquiry: the defense argued that October 27 was certainly the accused in Milan, wanting to show that the Austrian may be wrong, but five days before October 31 means to reach the 26th
Therefore, on the evening of 1 did not saw neither one nor the other, with the pace set by GUEDE details about their meetings, for example in order to wait that ALEX quit the bathroom or to the fact that Philip was RUDI been informed that was seen with a girl. As already noted, it is not reasonable to charge two friends of the suspects prevented reluctance, for trying to remove any potential charges of aiding, having attended a person who was known to be escaped in Germany or who knows where, if so, would ALEX RAW easy game to deny having seen the 2, however, when the murder was already, and would cost nothing to admit that he had seen the afternoon of the day before, a crime not yet consummated.
Last but not least, which rejects the argument aliunde is obtained from the accused several times of Mrs. CAPEZZALI deposition,
which is not heard nothing more after the cry, and the simultaneous flight of several people in the space of a minute: the woman then heard the footsteps of someone on the gravel once, and all together (even if it subsequently directed to different directions) denies GUEDE who claims to have left after an appreciable time from the scene of the young man armed with a knife, a time he spent doing back and forth from the bathroom with towels.

It 'true that the witness did not say explicitly that it was listening, but nevertheless stated that it had not taken sleep immediately, following the noise that had disturbed, and some would even have to perceive with our senses on the alert for that is why, given that the alleged concitata and stay in the house of RUDI finished within a few minutes, and that he assumed that it moved with some haste, frightened by a noise that was intended to come from the plan under. So it must be assumed that he had done so without paying much attention to where to put their feet.
The endpoint of the path argument, so the analysis of the interrogation of GUEDE, it is only one: the accused can not believe, and can not achieve even those who would do so.
He did not even thick concrete observation of his defenders, while welcome in the attempt to offer a key to consistent given to their client, that the knowledge demonstrated by RUDI in order to the state of health of the mother of the victim can be explained only by to admit that he received the confidences of MEREDITH: the story that the murder was an emphasis on media, all over the world, to be become a fact well-known aspects of contour, as the illness of Ms Kercher. Since the very beginning, it was certainly apparent that the particular had been found his phone, which her friends say she does not separate because never worried for the health of the mother, and these are things that journalists do not ever escape: and it is now well-known fact, especially for people aduse to surf the internet, as the accused, who spoke in those days even of that theme (a simple search shows that already November 4 aunt MEREDITH released statements of concern the need for a kidney transplant for his sister).
After all, one of the few things that have been confirmed, with regard to GUEDE, does not refer to his invocations of familiarity with the victim or to the movement before and after delictum which aimed to describe, but to a fact that he wanted to exclude it as his characteristic of behavior: RUDI not poured water on a house MEREDITH, and not even had the apartment below a few days earlier, as testified by the security Bonassi. Therefore, although he wanted to give a justification to forget, the night of the murder, with the urgent need to leave the bathroom to see what had happened, did not hold the denial of that particular evening spent in the company and the Marches the two girls: his was a sort of habit, and if the first time that happened was not so flush tirasse as dazed dall'ubriachezza, is likely to consider that on the evening of 1 November was the same conditions.
It appears that conditions were not unusual for him since - not even willing to consider the BARROW, who threw the only in the first version and that can deemed unreliable enough - many people close to him recall that he drank a little 'too much or to have seen him drunk, more or less often.
In a peculiar process like this, however, is the story of RUDI to assume central importance, and not to allow the adoption of any half-measure: dell'incontestabilità said his presence at home, and the fact that he had a contact sex with the victim, the only alternative is that it is totally unrelated to the facts (where it has told the truth) or who has committed the murder (if he lied). There is no possibility, logical and practical to assume that that has prevented even a part of truth, because he was there and knows how things went, but had no role in the dynamics of events that led to the death of Kercher: This would mean that today he remains firm on its untenable positions to cover someone. But, in contrast, was at the beginning that he chose not to involve others, finding no explanation otherwise the memory of his late KNOX presence, and apparently changed attitude when it was realized that someone else wanting to let go from just in front of his fate.
So if the GUEDE committed murder, and it is not true that he did MEREDITH into the house because of tenderness or ammiccamenti the night before, sexual contact was not mentioned above relate to a moment of intimacy prior to ' murderous action, but it was the opposite to that context, solving even the obvious purpose of those who said the course (for the reasons already given in the above mentioned measures under Art. cpp 299), and we need at this point to reiterate again that the elements instructors gathered lay not assumed responsibility for monosoggettiva, but indicate - as has already been warned on the occasion just mentioned, without having to repeat arguments thoroughly eviscerated - that the criminal conduct was put in place in the competition among multiple authors.
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PostPosted: Fri Jan 30, 2009 2:07 am   Post subject: Temp   

Micheli pages 91 to 100
E 'equally reasonable to assume that after the execution of murder, spent a period of time before the activities of alteration of the scene of the crime, and - yes here - it is not possible to give evidence that this second phase more people participated, or that it was them who were present at the time of aggression to Kercher.
Someone back home, taking care to baste pantomime illegal entry of burglars and other thieves, who has also been said, and is once again the call to order sufficient supervision, in that same context, the authors of mystification intervened in the bedroom of the victim, and maybe took off the bra from the body of MEREDITH, if not already had done shortly after the girl had fallen to the ground.
The topic is of indirect interest, treating here the position of an accused who is not required to answer simulation of a crime, but must be addressed because - contrary to the view endorsed by the defense of GUEDE - that someone came back and he made to believe that in that room there was a rape, aiming to falsely accuse the defendant and its not even accept the idea of suggesting a robbery resulted in an uncontrolled lethal epilogue.
Starting alteration, and thus taking a backward, it is undisputed that the bra was worn at the time of the blows received, otherwise it would have the same point spots of blood found on the girl's breast, it is equally clear that the victim was taken away when he was past time, we do not know what quantifiable terms, but still sufficient for the production, on the back of MEREDITH, palesati signs in the photographs nos. 268 and 770, at the shoulder. However, and with equal undeniably those spots had a point to occur just because the bra was the only garment that the girl was on chest, otherwise have drawn sweatshirt or a mesh, which were rolled up to below his neck. At the same time, it was simulated that someone had been introduced in the house through the window of the room ROMANELLI (likely to steal, but not kept even a laptop on the desk, or jewels are easily accessible in a drawer) and made a more or less rudimentary cleaning activities, far enough to disappear from the whole house, except on a glass in the drainer, the imprints of a girl who went there days and nights.
It follows that there was a change, certainly someone with an interest in returning to the place (which was determined to leave in a hurry) to baste artificial scenarios and to eliminate any traces compromising, but not worth to produce results that would impose , alone, the conclusion that there was sexual violence, that conclusion was derived from the context, since it was established that the girl was seminuda when it was attacked. In addition, recovering some of the considerations back page, there is no reason why the unknown simulators, wanting to converge their suspicions about the boy who had found their way as a guilty party to offer a mo 'sacrificial lamb, should have been efforts to set up a fiction of sexual violence: what we know, them, that if RUDI n'era went to the bathroom in preda colitis having had an intimate relationship with Meredith, and therefore from a vaginal swab or other investigations would have revealed the evidence of a petting or something like that between the unfortunate and the student killed, so as to render necessary support the thesis that it had been sexual contact is not allowed? Why should not settle for believing in a robbery progressed evil, given that their primary concern was still directing the investigations into subjects unrelated to the house?
The activity of so-called screening, held at a later time, was not geared to post good fit for the GUEDE. It 'still likely believe that the GUEDE not taken part, according to Our blame: after all, if he had had the opportunity and reason to go back to that house, was concerned with a minimum of care to eliminate water from the faeces , which constituted a kind of signature of his presence. It may not seem strange that there is someone back only in the circumstances concitate - Contextual perceived to cry by CAPEZZALI, that everyone here will be realized potential factor or curious arrival of police - which resulted in the 'expulsion of the attackers: as has often been pointed out, the witness heard the sound of footsteps on the path of travel, then along the scale of metal and in the other direction, in the space of two seconds, one minute from URL that was hair done, a very short time, which certainly could not allow the execution of the full staging in the room of ROMANELLI, plausible or cleaning activities.
It follows that the decision to return the home was taken when those who had escaped had already separated from the other fugitives, because it was led into one of those directions, while others were left in the second and, in the second direction if there had been RUDI own, others had not even delivered his cellphone to alert the idea of going back, who admitted that he had decided to involve interest.
Further consequence-deductive logic, however, is impossible to put in a rather than another of those moments subtraction of mobile phones and money of the victim: the eventuality that this happened when all escaped after the cry (and RUDI was part of the group) has the same value as the one that wants the stolen goods stolen in the same context, cleaning, breaking the window and the handling of corpses. Specifically, indeed, the last argument reveals more likely, since the time of the initial leak was necessarily characterized by precipitation, and conduct so thoughtful as to take the phones are not for profit but to make them disappear poorly with the rush: the findings that require procedural reaching believe the GUEDE guilty of complicity in murder aggravated by sexual violence can not therefore be regarded as sufficient to declare the criminal responsibility in relation to the crime against property, he questioned.
Neither can be crucial to that end, the circumstances of the discovery of the mixture of DNA prevented, along with that of the victim, the stock of costei: According to the testimonies gathered, it appears that MEREDITH had the custom of taking at least one of the phones in a pocket pants or wearing, and is not written anywhere that the 300,00 euros they were allegedly diverted to turn in that bag.

The friends of the girl, the recall used in turn to leave with a much lower amount of cash, and she had no reason to go out with a sum of its kind in the result, can keep in the house with greater care. Without neglecting a very significant, suggested by the questions posed by the CTP Dr Dr STEFANONI BARBARO: Unlike the findings for the fleece, where it was identified the haplotype Y defendants but not a mixture of DNA in the form of the nuclear genetic profile, the stock market there are both, and if A PCR can not play two coexisting when DNA is in a much lower amount to another, thus amplified only the most abundant, it means that on that finding, there was a lot of biological material, also referring to GUEDE.
The location of the track, more or less in the middle of the hinge, then, believe that the most likely taken vigorous purse was used to lift and move (to that, there is no need to prove it), like it was tightening the closure in the middle flash rather than grasp the handles, not to open it to rummage inside or inside the bag were found more traces or stains of blood.
Returning to the main objections, even to affirm the responsibility of GUEDE by way of competition - and of course apart from those who will be the findings of the hearing to be paid by the co-defendants - are the considerations in the supervision order. When admitting the testimony of KOKOMANI, it was clear that only he had stated that a certain evening (but then so was not certain) that the three players were in the company, and that therefore his testimony was the only one to support a prior knowledge among all the protagonists of the process, much to be indispensable even if no one had asked the witness had already recalled the outcome, and does not deserve further comments, if not confirmation of "farneticazioni" already taken to define the contribution of KOKOMANI, but this does not mean that the dispute art. 110 cp remains devoid of the necessary supporting evidence.
The source of direct evidence there is, or if you prefer, but there was not, however, uncertain whether (the meeting of GUEDE with the other two defendants) did not need a thorough and timely investigation into an mode, time or opportunity, especially if certain facts that are the physiological consequences of the assumption that unknown (the presence of the three on the scene of the crime), there are plenty, and everyone thoroughly tested: The image used in the measure de libertate, that in a context of twenties and a university town, the young people will meet without a prior notarial, also applies here. Neither would affannarsi in search of cell phone for that evening, as the GUEDE a phone he had just, in those days.
RUDI lived a short distance from the house of Kercher, as well as from Corso Garibaldi, where he lived the calls, and Via Sperandio, had already happened to be invited on Via della Pergola (evening nap on the water, after the birthday of OWEN ) or pass to take a look (October 21: meaning that even a well-known fact, easily acquired via the Web, is the date on which it held the last race of the Formula One season, by the way, the match England -- South African rugby was played the night before, but the 21 - despite the fresh memories of pleasant conversation was with MEREDITH - not for nothing that went to greet, neither before nor after the Grand Prize). So the chances of an encounter and how you were, and - as has already been warned - is remarkable record that he has not told the truth regarding his travel in the range of time immediately preceding the murder, having been denied in the root and RAW by MALY, with the only consequence of having to assume that the truth was not known to hide something that we can not afford to let you know.
At the same time, is not credible RUDI along the path of reconstruction, including the detail of his entry into the house with the consent of Kercher, who was accepted after rendez-vous, or perhaps only trovandoselo before, because the moment of tenderness complicity and shared the night before: and, if it is not true that he felt to make an invitation to enter the part of MEREDITH, where signs of tampering were following the death of the girl, if RUDI was in that house in the same context in which there was someone who would then expressed their interest to believe the entry of unknown criminals, the only conclusion is that the GUEDE went into Via della Pergola 7 because he did get someone else, owner of the just described (which others can not be if not the KNOX).
Coming to the dynamics of aggression, some of the facts, as interest in the position of the accused, are: the discovery of more blood stains in the area of the desktop (where there are two that seem to result from direct casting) and the cabinet (where the tracks are much more numerous, for the most part by sketch), the multiplicity of injuries caused to Kercher, some of which are on the right hand that was evidently, at least for a while, brought the girl to his defense and the presence of DNA on the wristband GUEDE left sweatshirt.
It is not certain, however, the alleged bruising in ano-genital region, which is perhaps un'ipostasi (not even to the symmetrical distribution of suspected lesions, unusual if you think a violent action but normal when you take that signs result the posture of the body), so imagine that the levy Histologically made a long time has not affected the area ecchimotica is a mere inference, but this, as noted, has no value to rule out that there was sexual violence, peacefully feasible behind the threat of a knife and left with no bruising of any kind.

The location and characteristics of the blood stains do not appear to testify with absolute certainty to a prone position ahead MEREDITH when the knife was drawn: if the girl had been forced to recruit a force posture that ginocchioni, signals more the lower limbs was to be even. E 'rather reasonable to assume that she was still standing, as suggested by the stains of blood more crisp on the desktop, and soon after it was pushed back to take a supine position, given that we suffered during the autopsy also un'ecchimosi neck in the position she received the fatal blow on the side of the neck, to find the airways stuffed with blood, and exhale out producing rain spots on the chest and the bra.
The sexual assault, however peaceful (reiterates) because an occasional thief, surprised by the owner, not launches knife with one hand while the other starts to pull on the shirt of the victim, is not contradicted by the dynamics: the purpose of inducing by force Kercher to give consent or to submit to sexual practices, could occur with an initial appeal to knife capable of causing an injury to the girl more superficial (but likely to produce the first drops of blood ) and then give way to an escalation of violence is no longer controlled or reaction to the outcry of MEREDITH. The one that produced the spots on the desktop was not, of course, the fatal knife attack, as if it had been inflicted at that point in the room with the girl standing would result in a stream of blood at much greater distance, not drops of casting vertical and at that time no one had yet begun to trastullarsi with the T-shirt with the laundry or on the victim's genitals, which had only been made clear to facta concludentia, what was the plan of the evening that his attackers wanted to achieve.
Soon after, with the girl on earth, began the series of touching, physically to report to their GUEDE, who left biological traces on the bra is that in the vagina Kercher, and has, once again, already recognized as the supine position the taxable person is the most convenient for the concept of gender equality, including the assumed to maneuver his legs divaricarle, documented by the sign of grasping the left thigh. Therefore, it is pure fantasy that the Public Ministry to take into RUDI indictment that would have a mandate to "prepare" MEREDITH, while others are dedicated to each other's games, and the same would have been MEREDITH fours with someone who was trying to penetrate with the penis or with your fingers until someone else should not have sunk the blade in the neck: fantasy not supported by the findings of proceedings, but needless to reach the affirmation of the criminal responsibility of today's accused.


He was, and participated actively to aggression, is touching in the manner described that blocking one hand MEREDITH. Various injuries on his right hand, while on the left there is only one and is much smaller, documenting that the girl had the right to freedom of movement, and that he tried to defend himself, though for a short time, but certainly higher than the freedom that could have left, which until the right was not locked (un'ecchimosi is certainly here, and is interpreted as a further consequence of violent gesture to grasp). Incidentally, the DNA of GUEDE can be found right on the left cuff of plush, ie at the area where it is more natural to make an arm that you wish to prevent movement, and did not claim that honor quell'indumento not worn by the victim at the time of aggression, nor to leave traces of organic material would have been sufficient even a touch surface, or, finally, that seems likely a finding of contamination.
Under the first aspect, the fact that the left hand of MEREDITH were abundantly stained with blood in photographic relief is not in contradiction with the assumption that wants to wear the sweatshirt or at least the beginning of aggression: that blood resulted, as already noted, from wounds on the same hand, but by a subsequent dell'arto contact with the area most affected dall'emorragia, prolungatosi well beyond the death of the young. Before you touch all the blood that colava above mere force of gravity, the hand had already passed through the cuff and sleeve of the sweatshirt, at a time when it was still virtually clean or, equally likely eventuality, the sweatshirt was sfilata when the blood on hand was already dry, as happened to the spots on the chest that is not reproduced on the duvet.
It is not correct, moreover, assumed the defense argument that the sweatshirt was soaked because in contact with the body of the girl: it is true that the majority of spots of blood is detected in a kind of double moves upon the back, as No photos documenting the 241 from the album fotografico curato Scientific Police, but on both sleeves photos immediately after - Nos. 242 and 243 - also show stains point from sketch or drip.
In order to greater or lesser strength of the contact in order to justify the results of biological, the assumptions of a touch surface or cd "Secondary storage" is scientifically decent, but not actually plausible in this case: that it is in any other way, or in accordance with the lack of substantial injury to his left hand on the defense, that we reach the conclusion that the hand was prevented movements therefore subjected to a vigorous action constrictive, and it looks right in the case of a typical point of grasping conduct that DNA found on the accused due.

In practical point of probability, rather than abstract academic debate, what is the most reasonable reconstruction, which wants RUDI having touched the plush (who knows how, in an outpouring of that is certainly not suggesting that the girl's wrist was a erogena) or one that suggests that this is a sharer of violent?
Moreover, while it is true that the organic material on RUDI sweatshirt - unlike the results for the stock market - was not much, or rather was far less than the present together and refer to the victim, it should be noted the amount was not expressed Dr. STEFANONI in absolute terms but in proportion to the DNA, there was due to genetic profile: therefore, it is one thing to make a kind of the stock, still found on the bed and where the blood of MEREDITH there was no way except that portatovi from the hands of the accused, quite another thing is making that proportion on a garment that, especially for remaining in contact with the body within hours of death, was much more stained with blood. Not to mention that little or much that was the DNA on the track, the data RFU useful to identify the profile of the Y chromosome of GUEDE were all above 100.
The very idea of contamination, even vaguely traveled in the wake of defendants in the attitude taken by other defensive lines, suggests that the time is. It 'been said that the DNA of GUEDE in that room, there was a lot (according to the reconstruction offered by him), he had touched a little' everywhere and it is possible that there has been a transfer of biological material for mere contact with sweat or other areas: to try again, have been shown pictures of the second inspection of the Scientific Police, December 18 2007, which show that the head of apparel in question was within a basket portabiancheria on one side of the room , along with other clothing, to be held by operators who do not change gloves, shortly after they had the same delay on blood traces glaring.
In reality, however, DNA is not the accused who has found a lot: as mentioned earlier, there was - as well as the famous wristband - on the body of the girl and bra (taken from that room, and therefore no more contamination factors), the toilet paper (but it was in the bathroom) and the stock market. Ultimately, nothing suggests that there was organic material RUDI largely copied, almost as if volasse inside the room or are stationed there on the floor: Incidentally, there was not even on two of the three towels (on the third not found anything useful for scientific purposes, for the decay of the findings), which also prevented the widely claimed to have handled.

So, like what has been observed through other positions, the thesis of the contamination was supported by an energy worthy of the best case.
Ultimately, the GUEDE participated in joint assets absolutely more attackers, although he was not physically at the launch deadly blow: even though I have not described in section specifically the role assumed by each of the accused, it was clarified the question by PM - And was already evident on the basis of findings of proceedings - not to charge him to have challenged the knife. This view, incidentally, relieve here dall'onere to address the question of whether the knife in his abduction is considered to be the weapon of the crime, because nothing moves from the perspective of those who, in all likelihood, he saw a weapon extract while others evolved, and precipitate a planned otherwise.
The problem to be addressed, with reference to the position of GUEDE, concerns the impact of that program on criminal maintaining the fullness of the contest in the initiatives of defendants time to time accrued before the idea of involving in MEREDITH an enlarged sexual game, even if it means resorting to the hard way, thus becoming heavy play in the rape itself, and finally nell'omicidio, before the persistent resistance of the victim.
A problem that, in terms of substantive law, involves the need to assess whether the case is apparent or not a case of so - "Competition anomalous" art. 116 cp
In a case of murder resulting from planned robbery, statistically the most frequent in the potential application of the rule just mentioned, the legitimacy of case law has affirmed that "the foundation of the particular case of competition in the offense in art. 116 cp must be seen in the fact that, while one who commits the crime alone is able at all times to monitor the development of his conduct and direct the same to the event planned and wanted, rather the one who joins others to put in place a criminal is forced to rely also on the conduct and the will of the accomplices, whatever their degree of participation and the role, for the completion of the action. It follows that in this situation he should not underestimate the danger that the partnership or some of them have to shift from primary to take action to deal with any problems occurring suddenly, thus exceeding the agreed limits of the competition and creating an offense other and more serious than initially wanted "(Cass., Sec. I, June 25 - 22 September 1999, RV 214113).

More recently, in a different case, the Supreme Court held that "responsibility for unusual competition is apparent only when the event different and more serious than is desired by a shared development logically be expected as a possible consequence of conduct agreed by a person of normal intelligence and culture media, according to ordinary rules of consistency of the development of the human facts, not interrupted by accidental and unpredictable factors. We therefore need two negative conditions: that the event has been different not even wanted in terms of intent or any alternative, because otherwise there would be responsible for in art. Cp 110, and the most serious in practice is not achieved a result of exceptional factors, place, purely incidental and unrelated to eziologicamente basic criminal conduct, not predictable by the agent "(Cass., Sec. I, 24 October - 17 November 2006, RV 235427).
In essence, to be of unusual competition and reduction of sentence is not necessary that even the extreme case of an acceptance by the person who is supposedly wanted to contribute to a given fact of crime, the risk that - through a predictable initiative another competitor - an event occurring more and more serious, but if just the minimal form of malice, that if, for having already discussed the competition full of art. Cp 110, is not who can not see that, in this point, the will of the guilty GUEDE go even beyond those borders. Admitting that he has been appended to a more or less improvised by others, rather than having developed in the first person (in doubt, moreover, can only optarsi for the most biased in favor of), you might actually assume that RUDI not know anything of the knife, or perhaps not threatened in any way that there could be a recourse to violence to force the girl not to oppose: at some point of the action, however, the knife came out, and someone made repeated and prolonged use. Predictability that the weapon was not used to injure or threaten, but to kill, rose at the same time as the knife was revealed, and became more and more with the current progress dell'excursus criminal characterized by the continuing strength of the victim and together by the continuing and increasingly insistent activities detrimental to the material authors.
Faced with so many injuries, even if mostly from defense and containment, and at numerous gunshot wounds and cutting edge, even those who were to participate in taking a hand to prevent the girls' movements, and working hard the other to satisfy their lust, could not be a mere spectator, unable to understand what was about to be fulfilled: the same time, not negligible, it was necessary to realize that asset letifera must mean ex factor per se unlikely that a competitor defilato (and it was not GUEDE) themselves witnessing something beyond his control.

The evidence of the violent, at least from a certain point, was clearly evident even in the eyes of those who had called into account and wanted to participate in something much less brutal: at the Court finds that there was a plan agreed to satisfy sexual instincts, but then changing the programming to the murderous intent (which undoubtedly took place at a later date at the scene of the knife, used primarily for purposes of threat, the emergence of the reaction of the victim) was received, accepted and pursued by all, since all are held to co-conduct that continued well beyond the appearance the weapon, and none escaped before or tried to stop the others, nor to seek relief, nor expressed disagreement with a the progression from crime. Attend repeated knife, as it was originally to have connotations of threat, by a person who has committed to hold the person, does not indicate that he was able to predict and, at most, accepted the risk that was begun a mortal but makes it clear that the subject to the objective pursued by those who are challenging the instrument prejudices. Surveys repeatedly mentioned biological data and witness (the escape of a number of persons united together, according to the CAPEZZALI) clearly lay in the sense just explained.
There is now before a criminal agreement to be considered as genetic sexual violence, and occurred in the course of work to further the event consists of the death of Kercher, agreements, however, for both crimes carried out, describing the cases concorsuali art. 110 cp in-chief at all correa and, as of today, specifically in the head GUEDE.
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PostPosted: Fri Jan 30, 2009 2:13 am   Post subject: Temp   

Micheli pages 71 to 80
It 'important, however, the contribution of witnesses Curatolo ANTONIO: he (and nothing to tout court regarded as unreliable, simply because living bum) claimed to have seen the two defendants together in Piazza Grimana around 23:00 -- 23:30, and according to the PM this would be the October 31, because he saw the buses leaving for the clubs. To tell the truth, including the summary report and the transcript there is some discrepancy in the first one speaks of masks and witches, but the transcript shows that the witch is not talked at all, only masks and people joke. Against this particular somewhat 'hazy, and taking into account that on the evening of 31 aliunde appears that the early and KNOX were elsewhere, we must highlight that according to the Curatolo was the night before the murder, because it recalls the days after the Carabinieri were in place to ask questions about who had seen something useful about the crime (and this is a course that is most impressed by a Halloween mask).

So if it was the evening of November 1 (Incidentally, if abbreviated trial requested by the other two defendants would have this court ordered the testimony of Curatolo also ex officio, to settle the doubt), the presence of KNOX and reminder Square Grimana it later than to murder assume great importance: first, it was one of the directions in which the head CAPEZZALI heard people fleeing, and second, the same Curatolo specifies that they have not seen the children get from his left, and - taking into account that had all the square in front - it claims that were not passed before him, that is coming from Via Pinturicchio, Etrusco's throw from above or Gallenga Palace, but from below.
Similarly, after the boy noticed that the couple occasionally faced to Via della Pergola, remember not to have seen more without having realized their removal, and it draws the conclusion that they were riscesi on the same side from which they came.
This confirms the hypothesis that the two accused, fled from the house to run after the murder, forced to do so because of your MEREDITH, remained in the area - or returned after a sufficient time to erase any traces evident on their people - to see if the police arrived or not, in case allertate by those who had heard the cry: check instrumental to understand if it were possible for them to return to that house, to give the alteration certainly going to be their place.
The alternative hypothesis that one wants to enter the early stage now (and thus participate in the crime) or only at this time (the girlfriend called for help only in the later stage, bearing in mind that his DNA on the bra hook can have been left at the alter, given the signs of the mentioned 268 and 770 photos documenting the bra was removed from the corpse after an appreciable period of time) should be resolved in the first direction, not even considering for ' Once again the findings of surveys of plantar footprints, his cell and that of KNOX were already idle for a while ', and the figure can not read that as meaning that the two were together.
Finally, it should be taken into account, in order to serious indications of guilt, and while arguing to the contrary, that the two defendants have made objectively versions not supported by objective evidence or plausible.
The fact of non-memory or state of confusion, perhaps invoked by references (shell) atmospheric pressure on the one hand, or fogging for use of other drugs, has no practical value.

As for the KNOX, his trastullarsi at home and take a shower with all that blood around, the return with the "mocio" follow volendosi worry about dry the house before SOLLECITO remember that in Via della Pergola something was wrong, the pacify the ZAROLI el'ALTIERI normalcy on the fact that the door of the room could be closed MEREDITH (when the ROMANELLI shortly would say the exact opposite) create a framework that does not deserve more depth, even without wanting to consider the relevance his conduct of the November 6 in order to slander the detriment of Diya.
Is denied the early dall'anzidetta POPOVIC on his walks in the afternoon, and pretend to pretend not to remember whether and at what time the KNOX was leaving home, even if he or less sex with her (and, in 20 years, some Things do not forget), then after a long insisted on using the computer until late at night, then on the representation of the film Amélie from 21:10 (when it was over at that) has finally reduced its stationed in front of the monitor in the range between 21:26 and 21:46, so committed to a cartoon look, and finally confirming that the film above was really finished, otherwise it would look to put two different things simultaneously.
Allegation that, in any case, does not offer an alibi real because it demonstrates the practical interaction with the PC at 21:26, and not until the end: that while one death that can not specified in the terms that Defense derives from cellular telephone traffic.
Given that the only meaningful result of cellular operations is the failure of the defendants from 20:40 on the evening of November 1 (the prompt and idle times from the previous three times throughout the month of October, 2 from 19:32, 9 from 18:58 to 22 by 19:32, otherwise often working until late at night, the KNOX was not used to turn off the phone soon to save the battery, since no later the night before he had used up to 01:04), the phone call without a prefix to the Abbey Bank around 22:00 documents not necessarily indicate that the phone Kercher was taken in hand by those who had no familiarity with international calls. E 'possible, and is even more likely that it was an accidental call, showing the same CT defense that was the first number in the alphabet section of the phone memory: the accidental phone call that lasted only time the record was impossible to take the line and that, very easily, can start with an always in the pocket of the trousers by those who wish not to leave to keep in contact with sick mother (as the ROMANELLI) when it is attacked and thrown back, even by slamming the neck, with the will of oppression.

Similarly, mms arriving at 22:13, which found the British mobile phone in the area of Ponte Rio - Montelaguardia, no proof at all that at that time it was already near the home of Mrs. Biscarini WOOL: printouts of the previous days, as duly noted by the PM, on the contrary evidence that many of the notices of quell'apparecchio going to commit the same cell, which means that there was a normal bounce between cells, the most interesting area Via della Pergola and the cell in question (less than assumed, out of the logic that if they went MEREDITH walking in Via Sperandio every time you should call their family members).
Finally, did not even merit a series of arguments put forward to refute the argument of the call urges the "112" only after the arrival of the Police Post. Apart from the content of the calls in question, where the early says that was not stolen anything, but there was a closed door with the occupant sought but did not respond, before which there were stains of blood (in theory, he could trust what he was saying KNOX over the state of places to assume that nothing is missing), it is undisputed that he called his sister - Official Carabinieri - at 12:50 p.m., so the "112" at 12: 51 and at 12:54 p.m.. The remark of the Police Post, signed by Manager. Battistelli, indicating the time of arrival of the crew at 12:35 p.m., according to the cameras and parking Sant'Antonio, a time marked by round, maybe the officers arrived earlier.
E 'that was claimed in the reports of His police say they have not been identified in the present or to have immediately qualified, but it is unthinkable that one quarter of an hour or more if they are going to walk or to have remained look, then, it was claimed that the BATTISTELLI reported to have traveled to the spot because they were found two mobile phones, but the lady wool is taken on record on the second phone found only at 12:46 p.m.; and second Altiero LUCA agents were in the kitchen , with the two phones placed on the table. In support of these assumptions, it is recognized that the Information Manager of the Police Post states that the wool had returned to deliver a second phone and, in light of the results, it was decided to send staff in Via della Pergola.
In fact, the sequence of events is as follows:
10:58 a.m. - is the first complaint by Dr collection. BARTOLOZZI (and states that the first phone is delivered simultaneously)
11:38 a.m. - will perform inspections on membership, which shows the name of ROMANELLI
11:50 - the second record with LANA (probably remained in those offices) which shows that she and her family was the perfect ROMANELLI unknown; verbalizza still BARTOLOZZI
12:46 p.m. - second complaint, also collected by BARTOLOZZI with simultaneous delivery of mobile
13:00 - there is the activation of the cell corresponding to the Police Command Post (Strada Borghetto of Prepo) from the users of English Kercher
13:50 - seizure of the two phones, recorded - usually from BARTOLOZZI - 14:00
The data now reported, however, must integrate with the statement made by Biscarini Fiammetta, daughter of Mrs. wool, which she was called by her mother to ask if you knew a certain ROMANELLI (before 11:50 a.m., it must be considered) and shortly afterwards colf found with the second mobile phone, at that point, the Biscarini immediately called his mother, who at that point was probably more at the Police Post, not reason to stay and not imagine the result of history, and immediately after the command Police, from which he felt that it was necessary to bring the other equipment. So the Biscarini went to the mother near the WFP and went, just before 12:46 p.m., at the police.
It follows that the police knew of the second Postal mobiles around noon, under the call of the daughter of the wool, and was probably decided to send BATTISTELLI in Via della Pergola only to hear the news (in fact, the inspector said that it brought in place because of the discovery of two mobile phones, rather than have it done after the formalization of the second complaint or bringing the two devices in question). The only discordant note is then the story of Altiero, saying "there were always these two police officers standing in front of the kitchen table, with the two phones supported on the table, a piece of paper, I always think of the police, with the writing of numbers phones, "but it is possible that the cell had been brought from other staff, or that the BATTISTELLI was resting on the table the first phone in the name-that ROMANELLI, which certainly could have - and another, perhaps his own, confusing the heads. So how is it that the Altiero it is wrong to remember there were also mobile, and not just the package, as if to 13:50 mobile phones were seized at the Command - by verbalizzanti different ISP. BATTISTELLI - you may not ever moved from there, partly because people who were in Via della Pergola had to think that other than to worry about back phones to make a formal kidnapping. "

It acknowledges that in order to play were also held on the evidence of guilt, more specifically, to be paid by the co-defendants, but only for completeness of exposure and as already announced in the memorandum, they still objected to the GUEDE challenged as competition. Conversely, it must be noted that some of the above considerations have also taken account of allegations that other parties have introduced in the process after the accused had in epigrafe exercised the option for the short ceremony.

This refers in particular to technical advice, respectively filed by the defense KNOX and calls in regard to reconstruction of the dynamics of omicidiaria and compiling the data in the cellular telephone traffic, and the alleged presence of traces attributable to the use of a knife of different characteristics than the kidnapping, however, must equally clear affirmation that enter the body of this statement concerning the points made by the judge does not involve any violation of the rights of the defense of GUEDE. As revealed by solar evidence, also because of the special features of a process where the other defendants - in terms more or less explicit - are intended to defend the third accused, and conversely, those elements were highlighted in order to state specifically in GUEDE l ' unique and real murderer, and - as directed in that direction - have all been deemed not conclusive.
So moving from the data that must be understood already tested and developed, not escape just remembered that on the occasion had anticipated the need to address the central problem of the credibility of RUDI GUEDE: its presence in the house on Via della Pergola when the Kercher was attacked and killed is beyond dispute, being permitted by him, and we must therefore understand if he has told the truth or not when they designed justify.
At the outset, it must also be clear that admitting he had been in place the crime was, for the accused, however, inevitable: the first investigation which led to his identification, which is the handheld imprint on the pillow, was a test overwhelming, which was followed by equally unequivocal results of DNA analysis on the vaginal swab, the toilet paper, the bra, the stock exchange and the fleece, as well as the latest comparison of fingerprints of its model of shoes "Nike" impressed with those on the floor MEREDITH chamber. The GUEDE, when he decided to make its own version of the act, he knew that deny his presence there would have been like to deny the evidence: and, as an additional finding of fact, can not forget that, from the date of ' murder to one where someone told how things had gone, spent almost twenty days. Finding that also lends itself to different keys reading: first you might think that that time was useful to reflect and develop a story that was as possible acconcio in their interests to exclude or reduce the significance of 'they found there, the other could move the claim that a period of reflection (if we had understood RUDI weigh his phrases, aware of being involved in the offense) was to suggest a less imaginative reconstruction and sgangherata " , as its own defenders intended to describe it, but to highlight the inherent authenticity.

In this regard, it should also be noted that the core of that story did not change, by comparing what he said via instant messaging or skype to BENEDETTI - and that, regardless of its media dall'inutilizzabilità, has been reported to investigators from his interlocutor - with the contents of interrogations: RUDI when he spoke with his friend GIACOMO, and can not be regarded as likely that he suspected of being intercepted, he does not agree with him that the reconstruction would be less inconvenient to offer the Police or the Authority court, but merely to tell what he said, had been scanning the facts.
Can not read in terms of suspicious content of the interview, always using Messenger, that he had had with GUEDE GABRIELE MANCINI few days before the public prosecutor stressed that the MANCINI was taken on record November 18, which was Sunday, and only two days before he was informed that RUDI could have something to do with the murder, but the previous Monday or Tuesday - ergo, 12 or 13 - the friend replied "you know" to his question "why escape as usual? "response that can be understood, however, in line with the attitude of those who wish to escape from something which he knew to be entered without guilt, especially being able to imagine that in Italy even though they were trying to print or TV do not know still nothing.
It should also be cleared from the field investigation, some information that, taken separately, would be of much value unless indiziario not have great value to note that, according to the young Lithuanian basketball, RUDI had a predilection for white girls, or that a house Marches had expressed congratulations to the barracks by KNOX, when it was rather strange that not saying anything, because all the boys had made daydream scenes of sex with her or to comment on (maybe someone sognarsela) availability. Rather, and the topic will come back to reason, is indicative to note that there were witnesses to a clear appreciation of defendants against AMANDA, while no one - not even his friends, who would have happened to witness moments of conversation between him and Kercher, as at the game of rugby - has never heard anything on behalf of English.
Still, the fact that TRAMONTANO CHRISTIAN has seen in GUEDE to recognize the young man of color surprises during the theft in the house, leaving the time found that, while not wanting to consider the case - alleged by the defense, and that it is considered permissible, even if undocumented - who was in turn heads "mediated" by television: survey shows that in terms skeptical, with a repeated "I believe, already reported even when the TRAMONTANO RUDI would have seen the" Domus " the evening after the theft, and even less justifiable when he had ease and how to see the picture on all the press and television.

So that might have the confidence GUEDE with knives, because according to the unknown TRAMONTANO brandiva a thief will not admit it can be based on the deposition, in which content is acceptable to assume the impact of suggestive readings of journalistic chronicle : to say the victim, RUDI took the knife after threatened with a chair (and do not understand why a man who knows he has a knife in his pocket to get to collect chairs, power tools intimidatrice behind and came to be uncomfortable handle), but it would conduct a strangely similar to that - not offensive, but the defense - that the accused claimed that they had taken before the alleged murder of Kercher, and of which the press had largely given aware.
Similarly, they have little weight to the events of October 27 in Milan, except to demonstrate that in recent days the GUEDE moved some 'as a list: at the time, while the bulky kitchen knife that was seized was not his, but belonged to the facility where he had found refuge, so that staff know him asylum and if the shooting.
Ultimately, apart from the excessive tests above, as an account at a thickness of defendants charged is added while the only significant verbal summary of information given by FORMICA, which saw between 22:30 and 22:40 (but probably Later, as soon noticed the tow truck, which arrived in Via della Pergola around 23:00) a man of color darsela-legged on the stairs beside the parking lot: the fact that, superimposed to the story of CAPEZZALI, that someone else (do not know if one or more, but is expressed by the term "scappavono) ran towards Via del Bulagaio, is likely to take a snapshot about what happened in the area soon after the murder.
Coming to the story of GUEDE, the comparison between their assessments of the defense and the prosecution has obviously led to the emergence of views antithesis: the PM, the defendants describe an incredible failure to rescue, with an attack of colitis both sudden and unlikely (given the context of that outpouring was conducted between RUDI and the girl) as providential, in the couple of disappearing from the scene of the crime for a time suitable to allow someone else to enter and become a hero in addition, the GUEDE had largely adjusted the content of his statements to the parallel and progressive evolution of the investigation, indicating the presence of KNOX in the house on Via della Pergola not before questioning the March 26, or allowing only one seat that in fact would not have had an appointment with genuine MEREDITH, finally correcting the draft on shoes worn only with the last spontaneous presentation.
Conversely, its sponsors have insisted on the credibility of the story, or according to certain topics of common sense, you want to benchmark the behavior that would take GUEDE (fled after discovering a young girl dying, once tried desperately to help but confusedly ) on the peculiar experience of their patient. Under the first profile, apart from some comments around the fact that the experience or the same film fictions abound of cases of people who fled before a while veiled risk of being accused of the facts of blood, it was noted that a murderer , intending to escape, it would have been without leave around 48 hours or so in anticipation of what we do not know, and that behavior, however, prove the good faith of RUDI, which would put on a patched up attempt to shirk its research found that the prophecy addressed dall'ignoto armed with a knife found guilty sull'aver began to take concrete, since the newspapers had not mentioned any results of the police in the search for the true murderess.
On the other hand, the personal stories of those prevented were certainly, from an early age, to bring it to develop a strong instinct of self: when you link the character given to the fact that, of course, would not have been expected from a normal as the GUEDE a manner respectful of formal rules and convenience (just think that he was not even able to document the employer to have had an influence for a few days, so as to be fired), here on the evening of November 1 the vast majority of people would have called the "113" and awaited the police, but not him.
As for questioning rendered, there was, according to the defenders, no retraction or correction of fire: the accused is not allowed out of time that an appointment with Kercher had not, but it is simply to explain that What could be understood - and what can normally be understood as part of visits between their twenties in a university city - arguing that they remained in agreement with you on being the next night. His sincerity is beyond dispute, as the fact that he had touched the girl's bra was peacefully accepted by booking even when he did not know that on that head of linen was found his DNA, and the only change in version had a cover the alleged encounter with MEREDITH the night of Halloween, which take place in the house of the Spaniards had taken place at the "Domus" In any case, it was a simple confusion in memory, and was able to document through photographs to be was really in the nightclub. Finally, he would not have even pulled out late in the name of KNOX because the interrogation of guarantee to GIP culminating in the apparent availability of RUDI to offer other explanations, and were only the times of the Public Ministry to plan the new statements four months later.
In reality, there is some discrepancy and how, and it is not true that the omission of references to KNOX can be explained in terms put forward by the defense, as it can not be argued that placing the kiss-up to MEREDITH between a room in the middle of two baths in a private home, rather than near the counter of the bar of "Domus," is the result of a trivial confusion.
By analyzing the narratives of the accused, as there is going to explain it, it must inevitably reach the conclusion that he is not credible because his version: 1) is not inherently reliable, 2) finds radical denials on both aspects, that even on very minor points and contour.
To consider the GUEDE not trusted, in fact, do not apply some of the considerations made by the Prosecutor: it is true that a sudden need to go full-bodied male married to a guy who is simultaneously kissing and rubbing (for the first time) from where a girl feels attracted, but the occurrence is not absurd if the former, and not even much that argued that a simple kebab can determine those effects, and argued with the representative of so much of the recall ingredients. Apart from the relief that now, in common terminology, there is every kebab cibaria be served in a somewhat ' "ethnic", which looks (maybe taroccato) other than an exercise in food or pizza cut, to have disturbances that might also have an iced drink, and whatever filth there was or was not in kebab, RUDI stated that he first gulp a "Fanta", along with the sandwich, and then attacked "a thud" on bottles of water and of fruit juice, taken from the refrigerator of the house of MEREDITH.
There may also be, therefore, that during the outpouring he felt unwell in the stomach: there are some 'less, however, that the kiss and touch you stopped to bang the discovery of the two not to have condoms. As discussed shortly, that - as described by booking - was an appointment, and did not get a great honor to discuss different or more informal traditions generation: a meeting in which he had managed the situation 24 hours before to tell you what the liked, giving it a kiss and feel to the availability to review the evening after eight and a half. This was then imagine him, or at least hope, that you truly own, munendosi of what could serve the needs: it can be argued, it is true that he was a boy RUDI un po 'sui generis, ready to improvise without serate both stand to think about (for that day, it seems that he plans to go and still CARLOS THOMAS at nine, and he was still in agreement to see whether ALEX PHILIP and who knows what time), which had not done much reliance on its prospects for seduction and, had not a penny, and the purchase of a pack of condoms could not be high on the agenda.
However, according to the story of GUEDE MEREDITH was talking about birth control, not him, and he should therefore draw the conclusion that the girl, if it was felt by booking say that the condoms had them, would be willing to grant: ergo, it must be assumed that the young Englishman was particularly taken by him. The negative response of RUDI, however, is unexpectedly dropped the curtain.
MEREDITH would shut down without any willingness to continue the same practices petting (taking into account that the two were pushed enough, as described by biased), nor the assumption of going to look between the bags AMANDA, where he knew or could expect to find a kind of compendium of articles of this kind, essendosene - apparently - pleaded with his compatriots. Even here one could argue that perhaps is not the kind of merchandise that a girl is put quietly to steal from a bag, but it must be remembered that just a few minutes before the Kercher was made at the sacramentare KNOX, thinking that he had stolen the money, then this would be to bring them cake pan, without even the pretense of balancing the accounts.
But this is still nothing.
Taking a step back, and coming to the evening before, the GUEDE said nell'interrogatorio before the GIP he had exchanged words - and a kiss - MEREDITH with kids in the house of origin Iberian behind the "Peacock", describing the location of the rooms (a bathroom here, one here, one room ") to indicate the place where they kissed ; Then he added that it made in agreement with Kercher to see the next day at eight and a half at home for her, confirming the assumption on the specific question PM he added that the next night left the house in advance of all 'timetable agreed. As a continuation of that interrogation, as evidenced by the transcript, claimed to have visited the "Domus" in the hope of revising MEREDITH, thinking that we would go too, but not the vide ( ".. we left to the two the house to head towards the 'Domus' After that I lost sight of).
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PostPosted: Fri Jan 30, 2009 2:16 am   Post subject: Temp   

Micheli pages 61 to 70
The same was the corpse shows signs of initial change of appearance. Taking up the report of the medico-legal advisors of the defense KNOX, we read that the body of MEREDITH there are "minute spots point to the front of the chest, no doubt originated directly from the source of bleeding in the neck (their size suggest that it has been projected for a respiratory airway obstruction of the blood). Their appearance (small and round) tells us that they were projected upward to substantially victim supine (face up) to fall, and then, on his chest, similar spots there are in the upper chest, covered obviously the T-shirt rolled up, so "when those spots are not produced the bra was worn: there is no screening done by this suit, and the droplets imbrattarono skin regions that were originally covered."
You can not be agreed with the argument just mentioned.

The bra, and the finding is objective, rivenuto was a few inches away from the girl's right foot in an area not at all drawn from the blood, yet the right shoulder resulting abundantly soaked, and, as if, on the cups can be seen with evidence the same type of spots found on the bust point. This means that the victim had so the T-shirt rolled up to the neck, when he was struck (as we shall see, this is a thumb of fundamental importance to give a sexual nature to aggression), otherwise it would be either on the spots skin or bra on, but it had a regular person. No photos. 268 and 770, largely explained by the defense of GUEDE, then clearly reveal signs of the head of linen (a vertical strip, quite clear) is the body of the young man on the floor below: a further demonstration that the bra was removed after Blood had been able to cover for an appreciable time the shoulder, just proves that when soaked find.
Apart from the purpose of rigging the intimate kind, not those who do not see how they aimed however, and inevitably, to accredit the idea that a stranger had entered, and an alteration of the status of sites useful to give the impression to a thief, or however, to permit unauthorized entry, could have interest in it only those who lived in that house. Not including the victim, as well as MEZZETTI that was Montefiascone ROMANELLI and the night passed quietly with her boyfriend, the only interested party that is the sceneggiata KNOX. KNOX that, while excluding any meaning in the deduction of special preparation of the crime or even hypothetical aggravating (un po 'lumeggiate by PM, while not disputing, in a truly imaginative reconstruction of descriptive rites, Halloween party, publications and manga opportunities to seize, perhaps after a pantomime of rehearsal before the unfortunate KOKOMANI), was still the only person able to know that that evening MEREDITH was alone in the house.
The idea of wanting to organize better and sealed at the last minute a visit to Kercher to assess, even if it means resorting to violence, the availability of a group sexual practices is therefore not a mere inference of Attorney (if, reiterates, emptied of its comic and decidedly out of place dashed during the indictment and properly abandoned in the replicas). And it seems in fact to have found in this case serious elements described guilt about the contested sexual violence, as considered absorbed nell'addebito murder as aggravating special.
On the subject of sexual violence in this process has been said and allows other hand, were seen Consultancy PM say that perhaps was not there, replaced by others of the opposite, to having to take over the strangeness of people who were interested in supporting the configurability (unless called out of their assisted) and instead contest the charge as a material fact.
Never as in this case, perhaps, it is necessary to resort to logic and empirical data, rather than the findings of medical science (which everyone nell'opposta reconstruction, and rigira to run their own use and consumption, despite a law for unevenly cliché, but probably more reliable because they are based on common sense). Particularly aggressive in the final discussions and already in the accident evidence, it was found on the question relating to an alleged bruising in the genital area and perianale for individuals become un'ipostasi for tal'altro something else again.
Dr. Lalli - even on the basis of information provided by Dr gynecologist. EPICOCO - elaborated in his report that "the type of purple spots ecchimotico on the inner face of the labia minora have characteristics and position as to think of a sexual relationship, made or attempted, before the subject of women had had time to properly lubricate the vaginal canal (..); not identified in the course of the investigation on the corpse, 'external signs' traumatic nature of which give the feeling of a rape itself (..); is also no doubt that you can not specify' eventuality of a possible psychological coercion (eg., threat) that may have prompted the couple to 'suffer' an unwanted, in this case not opposing a good stamina. "
The Experts of G.I.P. concludes its report claiming that there is evidence of sexual activity and recent past than to murder, without being able to say that they were not permitted activities, stating that "the objectivity of the genital and anal victims of sexual abuse is often finds no significant even when the medical examination is carried out by experienced staff and in close relation all'episodio era of violence "as" even consensual sexual relations can lead to lesività ano-genital trauma. "
In the discussion of expert evidence in an accident, the prof. HUMAN RONCHI assumed financial highlights, however indirect, in connection with the action detrimental to the edge, it was deemed "began with an injury that is absolutely meaningless to be borne by the left cheek, then, this could be a reconstruction, the lesion almost that you would threaten someone (..), it seems as if there was an escalation in this .. This violent action that may have been preceded by a series of threats. " In this regard, following an intervention by Dr. LIVIERO (responding to the request of the defender of civil correlabilità on the escalation of threats related to sex) makes it clear that "if she makes an application in terms of compatibility, the answer is certainly yes (..), But if your question says, given the technical and biological can make this connection, it is certainly not. "
The prof. HUMAN RONCHI is obviously a possibility, but is supported by logic, that meaning can never have a tagliettino inflicted on the cheek of a victim already struck in depth and with a violence that make a real scannamento?
If this is true, just as already noted is a measure of absolute fading of the problem, if addressed in terms exclusively medical conditions: it is clear that the typical signs of violence in the genital region, there will be when a person has been induced to undergo sexual practices against the threat of a knife. But, much earlier, it is not important to resolve the issue of whether or not there was a bruising to the level of the labia minora, maybe not confirmed a long time by a histological examination carried out in a wrong as they no longer characterized by discolouring (unlikely eventuality conceivable, as logically argued in the accident evidence by prof. FORTUNE): This is because the lack of bruising does not constitute evidence of sexual activity allowed, as well as the presence of bruising does not constitute evidence of sexual violence.
Prof. APRILE, the hearing of the evidence, he confirmed that, in this case, in many situations of sexual violence can be found only found evidence suggestive of violence generic (for containment, compression, grasp), then - a question del Giudice - stated that "all data collected indicate that there was sexual content in a recent death. The fact that this activity has been conducted in order to counteract the will of the MEREDITH shows, but the data from a general provision of the story, not a data-specific biological technical competence ", the signs refer to actions Containment of the arts "are indicative of maneuvers to grasp and are frequently found in the dynamics omicidiarie sex or sexual offenses."
And that's all.
This will be in an appropriate forum - namely, in ruling on the abbreviated rite defined against the GUEDE - the credibility of defendants nell'addurre a possible sexual encounter with Kercher, but in general it is the goal the scene of the crime that militates for violent sexual activity. It 'true that, in principle, three people armed with knives (including two boys in full force) working to have reason for a girl who does not manifest itself willing to make sex with them could easily win the resistance, and having carnal conjunctions of any sort, but in the case point, the undoubted sexual aggression is not denied by a sudden interruption of the way, resulting in all likelihood by the desperate and loud cry of MEREDITH, that the attackers believed necessary stop making the murder.
Finally, and most importantly, we must not forget that the girl's shirt was certainly pulled up, up and discover the entire chest and the bra (otherwise there would be no blood stains point): and where he never saw a thief or a robber who, just to take a look at the linen of those who want to steal, he began to strip his victim, unless it is motivated by the wish to take advantage of sexually?

Is this enough to document for tabulas sexual violence, made by then GUEDE the principle of penetration that did remain traces of his DNA in a vaginal swab of Kercher, as interested in this measure is not who does not see as a Teen (by standing or kneeling, it changes little) the supine immediately overwhelmed and here we are in a position that, whether or not wearing pants, but with the shirt pulled up and found the stomach, allowing those who want to easily take advantage of achieving a decoupling jeans or just to go out to do in their own comfortable.
Who writes, but the theme will be developed in the court ruling on the statements, does not believe the position very ginocchioni married by the Public Ministry to describe a scene evocative of orgiastic contexts: sexual violence was a crude and coarse, and the penetration was probably not done with the penis of GUEDE (performer material, according to the same address book). But increasingly it is sexual violence.
In developing argument face in search of serious indications of guilt borne by prevented, we must now deal with - having just called the alleged executor of violence - the theme of the contest KNOX and urges the GUEDE.
Clearing up misunderstandings, but having already set out its thoughts nell'ometterne recall between sources of evidence relevant to the case to trial, it must be said that the deposition of KOKOMANI HEKURAN not provide any assistance or to demonstrate the competition in question, nor to others.
In an attempt some 'patched up in the corner to save the unfortunate result of his testimony, the prosecutor sought to emphasize that the KOKOMANI not express in Italian, but laziness to think of being able to do so in every case that which he says would be in order to reduce deducted as "superteste" because he was referring to events of October 31 and November 1 (but it was also suggested that the location of the 31 lots that are black or rianima Launch olive could still demonstrate that the night before the murder the three defendants were doing a kind of inspection). The representatives also said the accusation that the KOKOMANI is Albanian, has nothing to do with the affair and his players would have every incentive to stay a while 'because the shadow has a few minor was he then relates a story that is so unique and seemingly incredible that it can not be belied falsehood, and it is only when it thinks that it became important because the newspapers and TV to emphasize that the scope of inquiry becomes prim'attore, refusing also ' help of the interpreter and then into the likely confusion between the concepts similar type van or tow truck.

Things are not like that, because the contradictions in the narrative of the heads from the same flight schedule of the episode, while disregarding the day, date back to the first deposition, in addition, a person familiar with the car so much to admit it Trade can - all want to give - to err on the notion of tow truck, but not when he says that we are in a woman and a child. Finally, apart from the strangeness of a scene in which the hero is threatened with a knife and asked for a moment to pause to give directions to a passer-Cesena, or where the olives are used as a weapon, or perhaps a mobile phone with which you take a picture or perhaps a video, the girl or perhaps the boy, the KOKOMANI is also the one who remembers seeing the KNOX and the early summer, while he drank beer with an American uncle elusive ready to submit to the boy as the "boyfriend pugliese "the nephew (a few months before we know the two).
From farneticazioni of KOKOMANI not show anything significant, therefore, you must be registered and that he in fact was the only person who claimed to have seen all the three defendants: At this point, in a case file shows that no telephone contact for sort between monads KNOX-reminder by either side GUEDE the other, and showing that he had seen the KNOX sometimes (but never her new boyfriend), you should draw the conclusion that the conditions of criminal inevitably remain free of feedback evidence. This more so in a context in which - except that the night before there had been a "dress rehearsal" - the alleged party or in any case, the willingness to go to tease MEREDITH for purposes of lust was all organized by force ' last time, given that up to 20:18 (hours of the SMS Diya Lumumba) the KNOX knew having to go to work and until 20:40 (when the POPOVIC warning of the change in plans) knew of the early to accompany at a station.
However, the problem must be reversed.
Starting from certain given the elements direct dependents of the accused (which will be discussed shortly), and especially of their simultaneous and GUEDE scene of the crime (inferable by the direct evidence, and the logical data exposed in the introductory about the plurality of Kercher the aggressors and the identity of the parties with an interest in altering the scene), the unknown facts which constitute the necessary condition is not necessarily need to be tested with the rigor of further direct evidence, but simply use logic and common sense.
In other words, if you must give to said that the KNOX the early and were in the house on Via della Pergola (and so), it is essential to find the call agreed with the appointment GUEDE (telefonata who could not stand still, given that the phone RUDI not had its own), nor the witness who has recalled or photographed the event.

Just as pointed out some 'late (in replica), but very appropriately by the PM, to acknowledge that these were boys who lived within walking distance of each other in the GUEDE had already been a few days earlier involved in an evening Via della Pergola in crossing the street and children KNOX Marches, which is normal in their twenties in a university meeting in the usual places without having to go before a notary.
It should also be highlighted on the conceptual level, that a load of emergencies GUEDE militate for its conduct of negation of evidence, suggestive of a desire to silence relevant details. He, in fact, is contradicted by his friends and PHILIP ALEX about the movements of November 1, before and after the time of the crime: the first is limited to not having seen a few more days, but the second - in the face of 'assumption RUDI, which argues in detail that he had seen around 19:45 after Alex had a shower recently, later in the evening going with him in a couple of rooms for people to talk to staff, and in the evening the day after - confirmation that he had seen the evening of 2, not the afternoon or evening of the day before. One could assume that those guys wanted to remove suspicion of aiding him in respect of one who knew and escaped being involved in matters of blood, but then RAW ALEX could also denied that he had seen on 2, the date after the fact, however, as could admit that he had met on the afternoon of 1, when it was still nothing happened, if this had been the truth.
Although the question is put off for consideration by the Court of Assizes, we must ask why the mint GUEDE also on his travels before 20:30 / 21:00, 1 November. The logic suggests that the reason is that he can not afford to tell the truth, and the only truth that can not admit (since it could also just say that I stayed at home without seeing anyone) is to have met with the other two cases, and quite reasonable that bizarre, as was stated above.
Thus reversing the problem, and starting from the elements, to be paid by the defendants, the most important result - now known as - the results of scientific studies.
On this point, we must address the issue of the possible unreliability of the results of those tests, as well as the alleged contamination of exhibits.
Under the first profile, as found during the investigation Dr STEFANONI must affirm that the possibility of bogus result for contamination but not for unreliability of the finds is very imaginative, if parameters to peculiarities of the case. E 'indisputable that if the quantity of DNA obtained from a track biological and risk is low (perhaps because it is a Low Copy Number) may be that the processes of "copy" or other scans of the results will be taken with springs, and is effectively out of a wrong DNA.

But, in general, that result should be compared with the independent investigations and subsequent findings: if the DNA results in a murder case in Rome is that of a prejudiced Milan, may be that we should rely to a certain point in that result, unless you have other evidence to suggest the presence in Sydney for that person on a given day. If we care, the possibility that the DNA came out of SOLLECITO on the hook (see the case, the boyfriend of the owner coinquilina bra) or that of Meredith Kercher on a knife (see the case, the girlfriend of coinquilina of the landlord ) was statistically identical to that found the DNA of the Court or the President of the Republic, and then the claim - based on a scientific conference - loses much of its weight in a criminal trial.
Coming to the contamination, you're talking about significant finds absolutely unrelated to each other: the knife No 36 were in the house of the reminder (MEREDITH where it had never entered, as the MEZZETTI) and the hook of the bra No Was in room 165 of the victim (with whom the early had nothing to do, so much so that his DNA in the rest of the house, they found only a cigarette butt found in the kitchen).
Then, there is certainly a risk of wasting a reperto (here amplified by gross oversight of the strip of cloth with the hook, after a while analytical inspection activities and repertoire), but affects primarily the progressive difficulty traces of obtaining profits from a finding that would have otherwise given, certainly not on the prospect of obtaining a DNA to another. If it is assumed instead contamination, one should imagine that the DNA of the reminder (and not from other suspected origin) has "touched" the hook in the chamber MEREDITH, and that it has contaminated the knife at home of defendants; but, as mentioned, neither one nor the other had to do with each other environments.
It makes no sense to imagine that there was contamination in the repertoire, and even during the wait (which, unfortunately, not have to be the hook) between November 2 of the survey and the December 18: if you can imagine that in lean times the gloves are reused, gloves and boots were definitely changed by moving from one house to another, but the visits were handled at times and by different stakeholders. Looking at the documents, it appears that the searches carried out by different personnel from the Police Scientific succession (in the case, at the same time) between Via della Pergola 7 and Corso Garibaldi 110 there were only two, November 6, 2007: at 09:40 that the house of the crime, and verbalizzanti are PROFAZIO, NAPOLEONI, Bigini, Gubbiotti, Barbadori and ZUGARINI; at home at 10:00 of the calls, by chat, FINZI, PASSERI, RANAURO, Camarda, RED and SISANI. Where is the source, or even the suspicion of contamination?

It should be noted that certainly forget the strip of cloth for 46 days, but before a scene with evidence of sexual violence, and after finding the bra, constituted a serious light, but with as much significance should be reminded that the risk could have been consequent loss Trace present there, not the discovery of traces occurring knows how.
It is not correct to say that there are things that flow out of the room of the victim, returned there after being placed elsewhere, perhaps in places where they could be (who knows how, then) traces of biological reminder: it is true that the lamp black (part KNOX to, and see if this chamber MEREDITH) that November 2 was near the bed, with the cable and the plug at the door, either with the plug facing the inside, he found himself outside vuoi December 18 above the desk, and the wire was going to end just below the pad, near the famous strip of cloth with the hook, but - seeing the same images - we understand that the cable was a few inches from the hook, not above or contact.
How could that happen that cable, supported by physical reasons only on some parts of the floor, not morphologically uniform, was able to make absorbent paper from the DNA of defendants?
It 'true that the two were moved before the cabinet, backed off and entered into the room, but - and, once again, just look at the images-that happens entirely in the second survey, 18 December, as witness the ending at the bottom of the video. Incidentally, also, the time when the doors are written in - forming thus a factor of potential contamination, there is some contamination in the off-take - is to end after the operation had lasted more than an hour, while the hook had been found and already finding by thirty minutes.
Or even, as you can imagine that in a shirt box, where it was more or less finding a workmanlike knife, went to end their DNA Kercher?
About finally the correctness of the results, which certainly the Court of Assizes will make all the depth of the case, you must take note of a profile indiziario serious doubt, however, resulting dall'aplotipo Y highlighted by Police Science: During the dialectic among consultants, this was a theory of objections impressive pair of alleles, discussing stutters, peak area and other issues to be started while it was limited to point out that the investigation of the male chromosome - and this is the result of a different and further analysis - could lead to misunderstandings results for possible ancestors in common between two different subjects. People who do not know if they exist, and where to live if they ever set foot in Perugia not only, but even in Italy or Europe.
Another issue on which the judge also of the hearing will be called upon to take decisions but that the state becomes the element indiziario serious, is the identification of the already drawn knife as a weapon of the crime: that the DNA of the victim (and that of KNOX, in a position coincides precisely with the part of the handle where it holds the most power) is there, and it is nothing short of incredible that this was a mistake because the track was unreliable could have results the genetic profile of anyone else and stated that the limited track may well justify the negative results of tests carried out to determine the blood type, with regard to the problem through the length of the prof. CINGOLANI noted at the hearing: "The only problem is that the blade of the knife is 17.5 centimeters long, go through is long and 8 stops, we do not know why the other hand, is not an area of strength in the which has been stopped, but it can be stopped by the action of the subject agent or any other reason or because the weapon has been retracted "and the second injury because it coincides with 2 cm. from the tip off the knife is 1.5 cm., just as the width of the wound (note 2 cm deep.), the third apparently leads to different results because through is 4 cm., and the knife to that distance from the tip has a width of 3, but the lesion is 1.5 cm. But - ever the expert to say - "realized through the path that the blade is inside the body and we are assessing the situation in a static but when there is penetration of the weapon was in a dynamic situation (..), there may have been a compression of the skin to the depth, there may have been a twist of the neck in a certain way, so it is not possible indicate this fact that at first glance it would seem as incompatible as absolutely incompatible. " Prof. HUMAN RONCHI states correctly (about superficial injuries escoriative greater than the wound): "a knife that maybe .. he had a back more often and have any irregularities which could determine these formations, here, perhaps it would be more appropriate to the situation. "
Faced by such data, the prof. TORRE stated not to share the possibility of compression of the skin, the wound more, he noted that "the bottom of that wound (..) is a kind of deep tissue maciullamento as a blade back and forth to proceed with action always insisted and continued in the same injury "on the possibility that we have moved the neck of the victim, added:" Yes, but it must be moved many times to make a lesion so maciullata "with the clarification instead of by Professor April that "just two movements."
Then, the deduction "maciullamento", prof. HUMAN RONCHI added: "this radially (..) of small areas escoriative I erythematous .. I was convinced, confirmed my belief that it could be due to the fact that the knife lodged in this way, with the coast say adhering to the skin, for movements of the wrist for the attacker or the victim's reactions, can be explained without going to think of a weapon other. "
This is the "state of the art": the logic and, once again, requires noted: that of course the blade of the knife feritore delay in the neck of the victim, given the width of the lesion - really unusual, even in the eyes of those who has many views - he had to procure, and that certainly the neck of poor MEREDITH moved, because he could not defend himself with his hands, at least not with both.
Poorly significant, wanted to give everything, it is the contribution of medical and legal advisors of the defense SOLLECITO about the imprint of a knife on the mattress, those experts who wish to double mark, almost parallel, apart from the relief that the blade of that elusive knife would be around 13-14 cm., also well above by the assumption that was supported twice in nearly parallel position is unrealistic to say the least (it would be more reasonable to be faced with a knife and then placed therein strisciato or bumped up to take a different position), as well as difficult to explain the action and have supported a sort of "bounce" to have someone sitting over immediately after the mattress.
In addition to scientific data, which is already more significant that apart from the need to deepen the theme of plantar fingerprint, then there is the other. Not the other findings of biological surveys in the bathroom use the victim and KNOX: the possible nature of contemporary tracks is not certified for sure, this is certainly an environment rich in various biological, nor is it important to take Noting that there is blood sull'interruttore necessarily wish to exclude that the light was turned on in the morning (can not be excluded, because the bathroom is without a window). Not the matter of improper conduct of the accused outside the house (the mere suggestion), that knew that was MEREDITH sgozzata (certainly constitute at least a hypothesis or a chat) or upon the early going to report the alleged disappearance of faeces (totally meaningless). Nor interceptions environmental KNOX by saying that he was there but it could not effectively assert that by the house on Via della Pergola than that of the boyfriend.
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PostPosted: Fri Jan 30, 2009 2:19 am   Post subject: Temp   

Micheli pages 51 to 60
Placing at the hearing, the witness recalled that he had already glimpsed the GUEDE at the basketball court, first recounted the episode, and then placed the night of the presence in the house of RUDI about a week before the murder, stating that on that - except mistake - there were also AMANDA, MEREDITH, the MARZANI and COCCIARETTO already reported (in this narrative, the Bonassi also indicated GIACOMO SILENZI). However, corrected the earlier version at the point where he reported that he had found that group back at home: in fact, he was sleeping and was awakened by their noise caused by the return of others, then was located in the living room.

For specific questions, the witness stated that they had not noticed whether the GUEDE is intrattenesse to talk to anyone in particular, instead of remembering to have seen him staggering and insonnolito, and was supported in a column: it had concluded that he had abused alcohol, while not can say with certainty whether it was drunk because he did not know what and how much he had drunk, or having received the breath. Even the others present, however, had given the impression that he had raised some 'of the elbow, while the heads do not remember if it was filmed a few "cane", as he admitted that sometimes happen. Shortly after, RUDI went in the bathroom, but in a few minutes the MARZANI, probably realizing that the accused it was withdrawn without asking anything to anyone and therefore volendosi give an account of where it was called the Bonassi for him see that the defendant had fallen asleep on the toilet: the witness recalled that the boy was black at that point raised by itself, without which the others had woken up and called back and was among them, putting to bed. Always a direct question on whether RUDI had pulled the flush, the Bonassi answered no, having seen in person: also stated to have reached the conclusion that the GUEDE was also drunk by the strange behavior not to download the water.
Subsequently, MARCO GIACOMO and had said that the accused was drawn by AMANDA, using the dialect expression "the taste, pour parler and probably without even the MARZANI or SILENZI knew KNOX of engagement with the reminder. After a short time from that evening, maybe the next day or later, the revised RUDI Bonassi had at home, at the Grand Prix of Formula One: as far as I know, the young man had passed on a greeting, without an invitation , and had stopped to watch the race on TV.
Describing the behavior and character of MEREDITH, the witness recalled the girl as a very reserved, but quite a while spigliata 'closed: believed, as he had known that she could hardly open the door to enter a stranger in the house . The SILENZI, as Bonassi, was fine with her but did not think that what could be a lasting relationship, to say nothing instead of the girl on the expectations and understanding of that report, nor whether the Kercher could have revised after RUDI the meeting in his house. As far as I knew, however, MEREDITH used to go out only with his countrymen.
The BARROW, already escusso by P.G. 11 December 2007, ie a few days after the return of GUEDE from Germany, claimed to know the GUEDE several years, avendoci often played basketball. On that occasion, however, indicated not have shared the way we do, RUDI to be a habitual liar, aduso to consume alcohol and drugs, as well as to annoy the girls harassment in public and trying to kiss.

As for the Kercher, who described shy and reserved, the Barrow said to know the town of night clubs frequented the center, and in fact had seen the night of Halloween to the "Domus", where - he said - certainly not RUDI there was not even the result that the accused knew MEREDITH, and according to him was not true that we had talked ol'avesse encountered.
At the hearing, the reduction in BARROW its commitments, saying for instance that the GUEDE but drank a little 'as they used to do all the kids, even though he had often seen drunk, instead of being denied the use of certain drugs by of RUDI, which had only word heard. Even with regard to harassment, corrected the draft recalling only once prevented the speech was attacked with a girl, not knowing that it was just the girl BARROW, and he came out a bisticcio In other occasions, he had seen pull himself to some girls as we spoke, however, describing it as a gesture common to many other peers.
RUDI lies on the witness merely to say that once the GUEDE had been accused of stealing something from the disco handbag of a girl, the accused had been denied, but then came out of the gossip that he was certainly and on the certainty that the alleged GUEDE it was at the "Domus" on the evening of October 31, finally said (and indeed could not say more, ab initio) that he had seen, and could not rule out that there really was.
The witness, who almost did not lead to anything significant gain was then stopped the emergence of profiles of crime BARROW, negotiations on economic news with a television, for which he had lodged a complaint for breach of home (where actually received the money by asking reporters to grant an interview) and then appeared to have made new requests for money to put things in place.
On October 4, finally, a long and articulate examination of Dr. STEFANONI, but concerned for the most part the evidence collected by the KNOX and reminder.
The heads, after a timely indication of the technical meaning of certain concepts developed in the already filed, stated that there is no immediate correlation between the height of the peak measured in elettroferogramma and expressed as RFU (relative fluorescence units) and reliability of the outcome of biological online approximation, was that the data statistically dell'RFU is in most cases directly proportional to the possibility of a certain interpretation of the results of the analysis, there are many cases of "high peak" but difficult to read (due to "background noise" of equipment or anything else) and examples of "low peak" objectively incontrovertible, resulting in the need to examine the data seemingly small and not a priori consider them unreliable.
She noted further that, in the conventional way, it could define a low value of RFU less than 50, for example, he noted that the locus due to Kercher and identified in a biological trace on the blade of the knife to the reminder had seized genetic characteristics with values RFU equal to 41 and 28 (stating that this could have carried That for visually noticed a streak on the surface of the blade, and that the test on the nature of that track, to determine if it was blood, gave negative results: outcome anyway not final, while having been a particularly sensitive test, because the possibility of finding organic material was too little to make sure the result). After a lengthy discussion of ways of finding and analysis, aimed mainly to refute the hypothesis of contamination in the advanced developed part of the consultants, the heads focuses on other exhibits, including the blue sweatshirt on whose left wrist was found to DNA 'defendant in this respect, Dr STEFANONI argued that the disintegration of epithelial cells, in principle, can not easily be left on surfaces touched, if not through a narrow or a rather vigorous pressure: make it impossible to touch anything, second thought exhibited by the biologist, let cells of any kind. Later asked by defense counsel, the specialist agreed that the amount of biological material related to mean the accused could actually minimal: this because there found the DNA genetic profile as that of nuclear energy was a victim, not a mixture, in the face instead of simultaneous presence dell'aplotipo Y, featuring the male chromosome. In such situations where there is a clear disproportion between the two quantitative DNA must still be regarded as coexisting in a track, it is reasonable to infer that the chemical process of reproduction (PCR) to amplify the DNA only more plentiful (assumed shared by Dr. . ssa STEFANONI and CTP, Dr BARBARO): with the conclusion that the biological material Kercher there was a lot, and very little - in proportion - the GUEDE.
The witness also stated that the research dell'aplotipo Y is accomplished by analyzing the peaks and RFU, who had given in this case results fairly high (in a locus, 164, another 838, in the one with the lowest peak 132 ). The bag was found instead to be a genetic mixture of the victim and the accused, with peaks of very high (well over 1,000, and values higher than 300), is the same haplotype Y: biological material had been taken more or less at the center of the zip on one of the two sides. As for the bra, the track due to GUEDE was present on one side of the garment, the back, even in this case, there was the connotation of the male chromosome, with values of RFU 113 to 687.
After a series of hearings devoted to the discussion, as a matter of their conclusions and replicas, this Judge retreated into closed session for the decision.

_________________

As has been warned, a starting point for the evaluation of the findings of inquiry referred to above can be made up of the measures highlighted in de libertate issued by this office upon the conclusion of preliminary celebratasi in ordinary forms from the remaining two defendants, having defenders made their requests in accordance with art. 299 c.p.p.
Apart from part of the course dedicated to illustration of the dangers that are believed still apparent, the measure is reproduced below, to be part of this statement and to make aware of the arguments followed by the court on those issues - partitamente underlined - that have specific significance also for the GUEDE, for example with regard to the problem of the existence or not, in the case, the conduct of sexual violence. Only when necessary, as required prior warning, the development of the grounds of this ruling will go beyond the ideas that were the subject of discussion in that forum, it being understood otherwise already addressed - and resolved in the terms already known to the parties - the topics for discussion.
Conditions in the order, the writer observed:

"The first item to highlight, and which - in comparison of the various arguments put forward by defenders of the accused in this trial - appears to ICTU oculi thicker towards KNOX and SOLLECITO compared to the position of GUEDE concerns the objective of emergency omicidiaria action carried out by more people, rather than by a single author.
On that point, in order to data from medical and legal relevance, it must register the first position taken by Dr. Lalli, C.T. of the Public Ministry, under which there would be no findings in support of either hypothesis. The report of the Scientific Police (UACV) filed during the preliminary focuses instead on the presence of typical defense wounds in the region handheld and on the thumb of the right hand of the victim, apparently came in contact with the blade of the knife and this circumstance, to reconnect with bruises from withholding, he assumed "an action of violent coercion by multiple attackers, in order to prevent the woman from the weapon to oppose the blade."
The note submitted by the technical consultants KNOX defense argues instead that the state of the places and the corpse reveal injuries "fully compatible with the violent action carried out by one person": those on the face and neck are produced by a staff member who grab the victim "with bare hands to strangle, suffocate or tacitly, and then (or simultaneous) the wound with a knife", while in other locations (right elbow and forearm on both sides of the basin, in the left thigh and right leg) " are also reported to peacefully violent contact (face to hold back, immobilizing) between victim and aggressor, "assuming that the overhang, while the latter was supine on the ground, and thus could cause the bruising with body parts (knees, legs), other from his hands. According to these consultants, "are missing entirely, however, traces of grasping or coercion wrists or ankles, potentially indicative of action immobilizzante and contenitiva operated by more than one person."
Especially in the face of injury so variously placed, even on both sides, with one hand and likely to wield a knife, appears rather bold claim that the aggressor is, in essence, "rose above" the girl, and traces of grasping on a pulse, albeit based on data derived from aliunde, it seems that exist.
As you know, on the left cuff of the sweatshirt found in the room of Kercher, was found a track which showed the DNA of GUEDE: For reasons that will be detailed in the ruling that the case (and also on the basis of arguments on which it returns to below), this court does not believe the view of the finding of contamination, nor seem quite convincing arguments according to which should be regarded that the sweatshirt was not just worn at the time of aggression. It 'been said that if the sweatshirt had been worn, stains of blood on the left hand - when it was the plush parade, as was found on the left side of the body - should have been characterized by striations and signs of slipping, instead are clear: the relief is not conclusive, because the photographs taken of the hand of the discovery nell'immediatezza show some sharp spots and other more "strip", but (according to the next report of Dr. LALLI shows that only a small wound on the one hand, the ulnar side of the first phalanx of the second finger) certainly does not stem from there localized lesions, and are due to hand contact with the blood that was on the left side of the body, for direct casting. Ergo, the stains of blood, as objectively glaring, is not produced in the same aggressive if not minor, resulting from the hand after contact with the blood flowed copiously from other sources: the problem, then, is to understand when The parade was plush, and if that happened right after the fatal blow on the hand of blood yet there was not, as well as - if it happened later, which is likely - the dried blood could be like what the Police Scientific highlights for spots on the chest of Kercher not riprodottesi duvet lying on top of her.

It should also be noted, to the extent that interest for the purpose of this measure, that if the left hand has in fact a possible injury to the defense (the one cited above), it is just a single wound, while the right hand there are : one in the palm of cm. 0.6, just below un'ecchimosi, another wounded smaller nearby, a fingertip to the first finger, as well as two bruising to the elbow and the forearm, always right. It follows, in all likelihood, that the left upper limb was placed in conditions not move freely, unlike the other (while the logic suggests that a person receiving physically violent acts led to the use of a weapon by and cutting edge, door instinctively to his defense through both hands and arms, if he can do it).
In addition, - the theme on which the judge must decide the hearings - the plantar no fingerprints would be nothing, because at most of the consultants PM speak of probable identity between two of those with feet of the prompt and another two with the feet of KNOX, but after about other preconditions for footprints with positive observation has its weight, but if - and I will check The Court of Assizes-can be said, however, certain that they are imprints of the feet, different as to bring back a separate subject (whether or not the accused), it is interesting to note that most people running for those rooms on foot barefoot after the crime.
Finally, we should not forget the contribution of witnesses offered by CAPEZZALI (witness, both by the way, that the writer has not considered essential to being checked under the abbreviated trial requested by GUEDE but it would be a hypothetical Special ceremony planned by the other two).
The witness, whose statements also offer hints about an hour with the murder, based on where those ALESSANDRA FORMICA confirming one aspect of the dynamics that you reported, he heard a bloodcurdling scream of a woman after a period described by some approximation ( "two seconds, one minute"), but the truth volendone understood the brevity, saw a noise of footsteps, certainly more people on the gravel and leaves the pitch in front of the house on Via della Pergola. According to the CAPEZZALI, someone took the direction of Via del Bulagaio and Piazza Grimana, and someone climbed the stairs to Via del Melo and Via Pinturicchio: It is important here to dwell on how many were actually those players (she said she felt on a iron staircase and "someone else", that one could ever be, on the other side), but rather to emphasize that we are faced with a particularly reliable, because - as noted at the time by the Court for review - is a woman who lived there for so long, and knows clearly distinguish the typical noises that can be produced in the vicinity, even identifying the different roads traveled by stairs or fugitives. And they heard, it confirms, at least two.

It was argued by the defense, that the house of the lady is 70 meters from where the crime is consumed, it was a cold night and that the CAPEZZALI had double glazing, but the perception to shout -- also in the story that the woman is to PM in order to the state of unrest that caused, and it is difficult to see precisely why should invent some details - was clear and precise, it was also told that most people refer to results from a technical rather pressing questions of who, almost want to suggest the answers, but it was the lady to say that someone was here and someone from there (if anything, the investigators would welcome clarification on the total number), most recently, has no honor to the consideration that the poor victim was in, with the airway open by a knife and stuffed with blood, to make anything but cry. One person shouts despair even when he sees that someone is going to hit him, or merely threaten, perhaps punzecchiandola first final of the lesion, with a large knife is indeed very reasonable to assume that that the fatal shot was inflicted as a result of cry and cry for help immanent that included the cry.
The existence of convergent data about the diversity of those responsible is also, in contrast, offer dall'inconsistenza thesis about the entry of an alleged thief from the occasional use of the room to ROMANELLI FILOMENA.
According to the defense of the calls, the glass window that was broken by a rock embankment fought the front, located at about 3 meters away, inside the window had the blackout, but was not fixed to anti, and therefore was chipped due to the blow received from the stone (in fact there are also fragments outside on the window sill, confirming the rebound glass sull'oscurante).
As for the choice of that input rather 'inconvenient but easy for a person running, the thief did not think of entering from behind because he did not know how he made the building on the other side, or at least considered that possibility already did that in his case, a demonstration illegal entry, also can be found two pieces of glass inside the house that were not ever find, one of whom was also a fashion similar to a hallmark of many of the footprints left by shoes "Nike" referring to GUEDE. Would also have effect, in that way, the conduct of the latter in not pulling the flush he would come out of the window, would have started to rummage and then go to the toilet, then the girl would be returned and the man in the bathroom would not have downloaded the water so as not to reveal its presence.
In fact, this court believes that to get in that window you would not really Spiderman, as the Court to Review wanting outstanding cases we wanted a man physically agile, as was certainly the GUEDE and certainly are thieves who visit the apartments of people overnight.

Neither do we climb the rock in hand, to be entitled to actually launch the kind of guard (and not from below, as he wanted to argue the PM, with the risk of falling at the head of the pitcher). However, the choice of the window in question palesava a chance that a thief hardly use: According to the ROMANELLI, she had left virtually socchiuse taxes, even tied to a window sill as a result of the expansion of the wood over time, and nothing, there is certainly light inside, it could reveal to the stone in the dark hand behind it were not coupled to anti, with the risk of casting stones at the stone and bounce vedersela below. Without forgetting that the greatest hazard is to have chosen the window exposed to the road and into the headlights of cars in transit.
Assuming that a thief should be quell'ignoto called RUDI GUEDE, he was - with that dynamic - a thief even less likely, from his point of view, why not groped to steal first place in the floor below, where it was more probably knew that was not because no one had more confidence in those guys and was aware of them come from other regions, and perhaps had said (or would have been able to know from them, asking him appear) that the parties would be returned home ? Like to take for granted that the upstairs would not have found none, or none would be returned during his action, since they lived in that apartment un'americana and un'inglese, not rincasate for the weekend? Going to see in the first below, he might also have to find the easiest access to the upstairs, admitted that if he were not already realized during the at least two occasions (in the evening of appreciation on AMANDA and sleep in the bathroom, then the day of the Grand Prix) in which he was moved to find the children Marche.
Totally inconsistent is also the argument that the GUEDE (but the major concern thief any more or less smaliziato) should remain on hold for over half an hour, becoming retract into pieces and pieces from the cameras of the parking lot at the risk - increasing over time - that someone fell, and yet, if RUDI came out of the window only wanted to steal, so he began to rummage among the bags of ROMANELLI, then go to the bathroom and realize the return of MEREDITH (clearly, not pulling the flush for not revealing their presence), because it ran away rather than deciding to go to attack the other side of the house?

The observation, which is faced with the apparent contradiction dell'Assunta defensive (on the one hand it is believed the thief entering illegally, on the other it denies that there is evidence of sexual violence) will require GUEDE - except that he met the aggredì the victim and in another environment, because there are no signs of colluttazione - would have been one who knows what raptus be admitted immediately the occurrence of killing a girl who had feared up to a minute before you steal a little money in a drawer: he, in fact, was not a stranger to MEREDITH, yet decided to cross the entire apartment to put their hands on him (with the idea of a sexual act that allowed at that point would be to bless a step to gallop). And if it can be accepted - and the case without knowing several episodes - the idea of a thief who takes the opportunity to rape the lady of the house, what happens when the criminal knows that he can not be disclosed to law enforcement agencies dall'aggredita .
The GUEDE, reiterates, from the bathroom where it was near the front door and in the same room from which he had entered, and could leave without being noticed, even admitting that he attempted to leave the door but found closed from inside (because we always make the delivery as to which witnesses) that problem would have been an athlete like him to escape from the same window from which he had entered? Given his stature, letting it dangle from the window sill would be an easy jump in a couple of meters on grass.
As for the glass, which further details of PM (but already the time of the shooting stopped in the video frame, ie 01:03:12, 3 November) placed in the kitchen and not in the room of Kercher, they appear far less significant tracks enhanced with luminol in the room ROMANELLI, from which it is derived DNA of the victim. A thief or any person who wanted to sneak into the house, once managed to do it from there - with some difficulty - or less would have tried to steal something and then it went into other rooms, he would have committed the murder but then it went away the door, as if found open in the morning after the KNOX (wanting to live up to the version required), who made him do ributtarsi the window, or to revise the room, leaving all the property value? Ergo, the DNA - with all the necessary checks and future on the precise nature of the track, given the multiplicity of substances cd luminol-positive, in addition to blood - is now likely to certify with reasonable that those who went into that room when he did MEREDITH had already been hit, and therefore (from inside, not out) broke the glass.
The theme recalls that covers at this point that the alteration of the scene of the crime, and especially to that - if allowed to alter - the people who could be interested in them going.

The first element of mystification was just mentioned, the glass was broken from inside, and had it brought about in that room the DNA of the woman already killed. The ROMANELLI, in one of the records containing your statements, please remember that glass window above the clothes were thrown into the earth, which confirms that the breaking of the glass was next to the rovistò people in the room, although the minutes of inspection and photographs from this particular does not seem to be, it is significant that the record was the perception of the girl. There is no doubt also that objects of a certain value stood quietly in open view inside the rooms and other (but this figure may be misleading, because a planned thief, who became a murderer, clearly understands that it is not worth portar via objects through the possession of which could be tracked down as head of a more serious crime).
There are logical arguments in support of a clean, due to the lack of any fingerprint of KNOX throughout the house, as if they lived there (except for one, found in a glass in the kitchen) and despite the imputed has represented that it went around the room that very morning, taking a shower in spite of signs of facts of violence that should have been noted. Neither the relief is offset by the finding that 14 fingerprints were found relating to non-identified, as if in other words, the hypothetical cleaner would clean little, so as fingerprints in question concerning the room Kercher, decreased to the pillow (later attributed to GUEDE), two on a plastic bag placed on coverage of a Chinese calendar (totally irrelevant and certainly outside the normal perceptions of a person concerned to remove the signs of their presence by an environment) and a near the door jamb (probably left there by someone who tried to throw down, the next morning to murder).
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PostPosted: Fri Jan 30, 2009 2:23 am   Post subject: Temp   

Micheli pages 41 to 50
Once again, it was confirmed that the alleged sentence that young man was pronounced at someone else, some have found a "black" and "guilty", which was followed by the further phrase "go away", and - soon - the sound of people walking more in the breach, the news was, however, that the nell'interrogatorio Prosecutor, the GUEDE claimed to have seen from the window of the room ROMANELLI of a female figure with her hair loose in which had recognized the silhouette of AMANDA KNOX. The girl, next to which there was no one else, was - according RUDI - at the gate of access to the driveway, practically already on the road at the same time, a noise of steps towards the rear of the house had made him think someone that you were heading towards the entrance of the house below.

There were changes in the version on the way in which he had tried to help MEREDITH, nor about the conditions in which he had found the victim or the room: confirmed, among other things, the impression that the duvet on the bed was red, and insisted in saying that at that time there was all the soqquadro later found in the photographs of the visit. As for his shoes, having worn it reaffirmed the "Adidas" are green. Explained that they had not yet seen the Kercher use the phone or saw phones around the house, adding that if he had noticed no one was called the "118".
Repeated the detail of the alleged noise heard coming from the floor below, which prompted him to flee, the GUEDE stated that they left through to the stairs next to the basketball court, where he noticed someone playing: having excluded collided with someone , and refused to ever be passed by the metal stairs from the parking lot at Via Pinturicchio (stating that you understand how to reach the parking area without having to use those stairs) and confirmed that they arrived at home and avoid Corso Garibaldi, then it was changed and went out again.
On his travels later confirmed to be gone by ALEX, stating that he was with him, a PHILIP and others (including MJ, starting with which indicated the boyfriend of the sister of RAW), but was not sure to be just went home dell'australiano: ALEX was just to leave the group of friends, after they went to the "Domus", because he had had an earlier discussion with the staff of that establishment, and did not enter. For the rest of the night, RUDI was then left with Philip and the others, even going to the "Velvet."
Pressed by investigators with the description of the knife, especially with regard to the possibility that it was RAFFAELE calls the GUEDE stated that he was a 'put up for seeing pictures and photographs, and thus found something ( obviously, in point of similarity scores, if not full reconnaissance) of that subject in unknown persons had come to see, without referring specifically to the reminder: it considered preferable to try to make an identikit, precisely because of those suggestions, also insisted that before a more direct questions. In any case, as the young all'accento concerned, it was definitely excluded from Perugia or Northern Ireland.
Finally, speaking of the conversation via skype with BENEDETTI, the accused claimed to have answered the GIACOMO, sometimes a little 'in a hurry and that influenced by the situation: when the friend had asked if it was to kill AMANDA MEREDITH, had said no, because in those times made it clear that his mind was focused only on the male figure with a knife.
The GUEDE concluded the record represents to feel responsible for not having saved the life of a woman dying, but to be totally unrelated to murder, hoping that will give way to all the comparisons needed.
On April 4, was BENEDETTI GIACOMO to make statements to the Public Ministry: the young, 21enne, was defined probably the best friend of the accused, with whom he had attended the school in Ponte San Giovanni, in the same class, and had also shared the same passion for basketball, while militancy in different teams. The heads rebuild GUEDE personal affairs, including in relation to different periods in which it was entrusted to a few families reported in particular that, as the notes, RUDI had decided to go by his aunt because of Lecco no longer in his comfortable with the Caporali, but that the friend had never said that it was not treated well, just little lifestyles compatible.
After moving to Melbourne, the two had not seen for a year and a half or so, when he returned in the spring of 2007, had resumed the relationship, as with the group of boys of Ponte San Giovanni, which had tried - also helped by their families - to help the GUEDE to find a job. Employment had reached within a short time, with the offer at the holding of agricultural CAPORALI the BENEDETTI claimed that at that time RUDI had made a commitment to work, getting up early in the morning, but during the summer ( also at its holidays, which had not had many opportunities to hear him) had had some problems, absent from no more specific for health reasons, and - out of work - had fallen into depression.
Chiestogli if, as far as I know, RUDI were using drugs, the couple did not reply never even seen smoking, and also in his presence had never drunk so much to get drunk, but in those months had put a little ' "a earth, either for lack of money or for the inability to do what he really liked, that is standing in the midst of people and go places where there were always new people to know. Around September, BENEDETTI had taken to stimulate a little ', calling the evening to go out and see what needs to be done to look for another place, but because of the concurrent study commitments had not been possible to meet each other: so, l' had essentially lost sight of it again, and a few call (also indicated as the address of his No. 329/1819627) no longer had the opportunity to really talk.
The heads showed more or less in the October 31, but perhaps for some days before, the last telephone contact with the GUEDE of all the interim, but not hear for a while 'had not given him cause for concern, given that to disappear occasionally was a feature of RUDI.

On November 16, when agents of the State Police had gone to him and the BENEDETTI understood in a short time the situation on 19, which occurred via Messenger RUDI was connected, there was a long conversation between them that had led the then prevented the determination to return to Italy. The witness reported that during that conversation the GUEDE had wanted to clarify that it had nothing to do with the murder, given that there had been arrests of other persons, BENEDETTI had asked if they had been AMANDA - having understood RUDI who knew - or Lumumba, and the other had no writing, using the girl to the expression "not involved" and that the Congolese enhanced "has nothing to do with a cock." The person responsible for what the defendant said, was an Italian couple, and the question of whether it was the reminder (whose image was all the newspapers, and certainly downloadable via the Internet), he responded in vague terms, more or less with a sentence like "boh, I do not know, I think so," repeated several times, however, in feeling anew the question, that "I think so."
At that point, instead of written questions and answers on the chat, the suggested BENEDETTI had telephone contact via skype, sending the money with the money transfer and thus allowing them to pay for the internet access point location where it was: it was derived a chat so real, especially focusing on the decision - which the heads had already been gained by RUDI - to return to clarify its position. Returning to describe what had happened the night of the murder, had said the GUEDE MEREDITH that there was an appointment, and had seen at the home of her shortly after, there were the effusions, and had RUDI touched even in the private parts, penetration with fingers (it had also indicated that probably would have found traces of the reach), thus excluding a full sexual relationship but stressed that Kercher was consenting. Then he went to the bathroom and he heard a cry out "as soprassalto" without even groom or pull water from the toilet, and had thus come before a man (certainly Italian, although he had not talked to talk about inflexions accents or dialect), which had taken a jostling or something.
The prevented had insisted on a detail of the alleged theft MEREDITH which had just before they enter the house, and that there was no sign of tampering or broken glass, unlike what had been found by the police: ergo, he thinks someone had mystified the crime scene, thinking of doing unknown thieves who had illegally entered the house. Also according to what he had said RUDI, the girl was still alive when he was out of the house, after having tried to dab the wound.

During subsequent interviews in jail, to tell the BENEDETTI, the GUEDE had been better prepared to have his own memories, concluding that he had also seen AMANDA, but the witness stated they did not give too many details, and it asked to talk about it more widely in their lawyers: RUDI had talked about what kind of life that did KNOX, describing it as a girl who "falls apart" drug, although not a heavy, stating instead that he had never met reminder. Finally, he also expressed the conviction that the false accusation against the American PATRICK could arise from the fact that Italian surprised by him, having seen a black boy who did not know, had reported the presence in the home, and AMANDA had drawn the conclusion that this could be of Lumumba.
On May 15, had asked to make new statements to investigators, the GUEDE signed a new record: taking cue from some of the measure passes de libertate meanwhile filed by the Court of Cassation in its concerns, he wished to clarify that on the evening of the crime is not wearing a pair of "Adidas", but "Nike", which correspond also to shoe model (Outbreak 2, size 11) of which was found empty packaging in the house of Via del Canerino. The situation took a particular importance, since some fingerprints repertoire of sports shoes in the house on Via della Pergola, especially in the vicinity of a corpse, were initially brought to a different model of "Nike" (Air Force) found in the availability the calls, rather then evaluated incompatible: comparisons later brought into effect due to fingerprints in question referred to footwear GUEDE from which the accused claimed that he had thrown in a box while in Germany.
Then repeated the version already on display most recently, returning to describe the young man he has seen and out - in addition to the availability of any comparisons - of having a "conviction seeing pictures in newspapers", he added finally that, as could remember, the lamp black, which had seen some photographs of the file, placed in the ground in the room MEREDITH, probably was not there when he had provided relief, having had the impression that the beam of light came from a different direction.
The lamp in question, meanwhile, had been recognized by ROMANELLI and MEZZETTI as being part of the furniture of the room KNOX, which had no lights (and indeed, in the survey, there were no other sources of lighting in the room).

Meanwhile, the scientific investigations continued: on the one hand, since the course was a casualty medical-legal evidence for the investigation of the causes of death of Kercher, with the simultaneous verification of the fact whether or not the victim had made sexual activity in view of death (and if it were allowed to sexual activity or violence), and second, biological investigations led to acquire additional data about the reference to GUEDE traces found on the scene of the crime.
Referring to the discussion below of the findings of the debate between experts and consultants of the incident in the evidence, as DNA analysis to the technicians of the Department of Scientific Police arriving at the genotipico identify the accused - as well as on the vaginal swab of the girl and residue of toilet paper in the bathroom where they had found did not discharged, as already mentioned - also traces of biological material present on the right side of the bra found at the foot of Kercher, found on the bag above the bed of the room (in this case , it was a mixture with the DNA of the victim) and the left cuff of the plush blue in the survey had been described as a "mesh with a zip", imbrattata blood because of the substance found near the corpse and partly below it .
Already for some time, however, it was found that the blade of a kitchen knife seized from the home of SOLLECITO there was a trace of biological material due to Kercher, while on the handle of the knife near the blade and dell'attaccatura So the point where those who challenge was to exert more pressure in theory, there was a separate track, which had been possible to extract DNA KNOX. On the other hand, on hooks closing bra, adesi the strip of cloth torn dall'indumento and found only after removing the corpse (as shown in the first minutes of inspection), there were other tracks, bearing mixture of DNA of the victim and the reminder: results that are considered by the respective defenses particularly controversial or for the possible unreliability of research because of the biological material available, or for alleged risks of contamination of exhibits (complaint relates primarily to strip of bra, identified by Scientific police already in the night between 2 and November 3, but actually collected and examined only after a second inspection of 18 December 2007).
Exercised by the prosecution p.m. with a request for trial, even before the hearing on 16 September 2007 an application was filed Rite shortened in the interest of GUEDE, packed all'escussione of three witnesses and documentary productions.

In addition to Mrs. TIBER and GABRIELE MANCINI already mentioned, the defense claimed that the accused were called to testify KOKOMANI HEKURAN, an Albanian citizen who already escusso several times during the preliminary investigations, it was the only one to have seen together GUEDE the KNOX and calls near the house on Via della Pergola and on a day that could be either October 31 or on the evening of the murder, in circumstances still somewhat nebulous, the document production was closely related with that deposition, solving in certificates of companies on weather or not detection of rainfall in two days above (with the heads already reported a rainfall in place at the time of the encounter with the three).
Attached, as an act of investigation under Art. 391-bis cpp, the defenders of GUEDE offered in a record of taking information from that ENZO PULA, owner of a farm with adjoining restaurant where he had represented the KOKOMANI to have worked in the past, and in which he was seen from GUEDE, occasional avventore: in the record, the PULA denied that the witness was under him during which he stated, and any that had ever been used as a waiter duties.
Preliminary hearing intervened in the establishment of a civil party to some relatives of victims (the parents and siblings), the owner of Via della Pergola and Diya Lumumba, the latter only in respect of KNOX, accused of defamation to its damage ; overcome some issues formal and disregarded several exceptions defensive, was admitted to the rite shortened the schedule in the application, pending a decision on the request of books in the check made by the PM, but the same was available, even art. 441 co. 5 c.p.p. in a load of GUEDE, taking testimony of Dr. PATRIZIA STEFANONI, employed by the Scientific Police in Rome and head of Forensic Genetics Investigations Section.
On 26 September 2008 and then took the witness IVANA Tiberius, who remembered having known the accused having been taught in primary school, from the second onwards: view your personal situation, given that RUDI lived with his father, but passed most of the day itself and also had to manage by itself, Ms had been an active part - along with a colleague and some mothers of other children - to allow your child to spend the afternoon at his home or other families. Had become, even under the good manners that you have demonstrated, a friend of many people in the context of Ponte San Giovanni, and these relations remained even after the passage of the average guy at the hotel and Assisi, albeit in reduced number of occasions to meet.

During the second year in high school, there was some problem with the father of RUDI, who had gone to Ivory Coast but had difficulties or delays in the return to Italy, so that - together with social services - are was considered appropriate that the couple moved to an aunt of Lecco, the father returned, the situation had not paved, as the boy was not well with him, so much so that it was derived the intervention of the Court for Minors el 'expectations of RUDI to a family of Perugia. By continuing to attend, the boy confided to the former teacher at school or who had personal problems, but at some point had disappeared, making lose track of himself even GABRIELE (the son of the head) that he had repeatedly tried to phone.
Telephone reappeared at the end of 2006, had made it known to be between Pavia and Milan, and have also found a job and a girl, after quell'iniziale enthusiasm, however, already in January 2007 had been felt by reporting that it had no more work, and that his girlfriend had difficulty to accommodate him. The Tiber, together with his son, convinced him to return to Perugia, where it would have been easier to find a job, so RUDI was placed with them and stay here from February 18 until the beginning of July, and obtaining the Meanwhile, a job thanks to the previous foster family. Aware of the prospect of consolidating the work with a permanent contract, the couple had also searched a residential self, finding the apartment in Via del Canerino for which the same TIBER had helped in organizing the move, including the first Accommodation: after a couple of months of apparent normality, contacts with RUDI had thinned again, until the husband of the lady found the couple had lost their jobs, apparently because he had not submitted a medical certificate attesting that a tonsillitis prevented him from going to work. Tracked, and chiestogli why he kept hidden in the loss of job, he spoke generally of new job opportunities, ricapitando to dine with them in mid-October, after which the witness claimed that no longer had any contact with him.
Responding to specific questions, the TIBER stated that the conduct by GUEDE in respect of the people he met was quite normal, and never had happened to attend (or to receive news in this regard) to violent acts of the boy, even in terms of quarrels among children, indicating that even RUDI always showed an educated and caring. On the short stay of defendants in Germany, the heads stated that he had received a phone call from him the night of November 19, after the interview that he had had with the BENEDETTI, and the GUEDE said to be pending train that would take him to Italy after which the TIBER had passed the phone to his son.
About the relationship with the girls, the witness said no incidents of difficult relations RUDI, excluded and finally had never seen taking drugs, nor that he knew that otherwise he could use.
The MANCINI, especially after hearing the facts of 2007 and not on the relationship of friendship with the GUEDE gained over the years, about which he had already made extensive testimony during the preliminary investigation, reiterated the statement made to investigators, not to its After that prevented had to do with drugs, stating that last RUDI had had opportunities to work with various firms, even for occasional jobs. As for the loss of the post to be the gardener, the witness explained the failure to communicate the fact to his family as if it could RUDI fear that angry because his efforts to find; confirmed finally received the phone call at home the night of November 19, specifying GUEDE that he had only said that they had escaped to have so much fear, and had talked to describe the route that was supposed to do on the train, as agreements with GIACOMO BENEDETTI.
The witness added that the demand made years ago to RUDI, about the possibility that the father might have abused him, was not determined by the particular facts or findings, but the only evidence of the difficulty of relationships between parent and child, for example that he used to get angry a lot when the boy - as often happened - did not comply with the timetables that were imposed tendency, however, that the accused had maintained in subsequent years, and revealed some time during their stay at the MANCINI family. Only about non-compliance with the times or pledged, among other things, the witness stated that he had found that the GUEDE not tell the truth: it claims, no one had ever heard lie in the proper sense, but only say that would be returned home at a certain time and then do. On personal habits, stated that it was certainly aduso RUDI to download the water, and it was even a shower every day; finally argued that the accused had never had problems in relations with the girls, as opposed to someone who normally exercised a certain charm.
It then gave way all'escussione of KOKOMANI HEKURAN, which was first asked to clarify whether or not he had been invited to participate in television after his admission as a witness. On the substance of the facts, the Albanian essentially confirmed the core of the statements already made to investigators, with some additions or additional corrective: in practice, he reported that on the evening of a day that maybe it was October 31 or perhaps the next day ( in the first instance, in presenting Prosecutor January 19 2008, had indicated the time in 18:30) had seen a kind of black bag in the middle of the street, right in Via della Pergola and a short distance from the house of crime.

Going slowly to touch the bag with the muzzle of the "Golf" from his investigation (it had slowed, but failed to stop the slimy asphalt, in the drizzle in place), but had realized that this was a boy and a girl accucciati, which had been raised and had taken him to the floor in threatening terms, making him think that he wanted to take it with him because he went to them. While the KOKOMANI faced them, giving a cazzotto facing the boy approached the driver's side of the "Golf", and pulling a handful of olives to the girl (diligent in challenging a knife by holding it with both hands from the handle for the blade) through the window on the other hand, came out a couple of color, which was later on the same road, almost at the house at number n. 7 where they came from noise, while the witness said of leaving lose, and to be Albanian (formerly, the KOKOMANI had said that the girl had been to warn that the latest arrival was an Albanian), they replied to be black, not Tunisian, so could not do anything, and the other was made to recommend to the young blonde close to her (before he had said that the girl had given to compare the two) not to be seen in the face Otherwise, the man was able to recognize them. At some point had begun a most cordial conversation with the boy Africa (particularly the KOKOMANI was mentioned only in the second deposition to PM, where he also reiterated the reconstruction that had left him on purpose to touch the alleged black bag on the street to see what it was, not to finirci him for not being able to slow down), and they had told him to acknowledge it because he had seen a couple of years ago in a farm where Albanian was a waiter, and reminding that you have exchanged a few words and to call RUDI represented as a cousin of KOKOMANI. It came out of a collusion to rent a car, which is the self-styled RUDI could serve the next day to load furniture.
In the meantime, had stopped a car whose driver was looking for directions to Cesena, and did not understand exactly where it was a van, a car broken down, or directly to half of aid (the witness had spoken, until that moment, a tow truck, speaking at the hearing instead of a van), finally seeing the white boy who came to him with a knife in his hand, from the rearview mirror, the KOKOMANI was finally removed. The same evening, he had made a comment with some fellow in a bar that strange episode, but being urged to give up: some of the customers, seeing a couple of pictures that the witness had taken with the phone, it had recognized the people there portrayed (particularly, but this was not mentioned above), and had rincarato the advice of the idea of taking their business, ribaditogli another Albanian two nights later, when he had gone to a party and was back on the (party set November 2, however, mean to suggest that the events were held on 31).
After a while ', however, was the news coming out of the murder, and had recognized KOKOMANI the three defendants (including GUEDE, which had already recognized by sharing with him the memory of the farm) in the photographs appeared on newspapers had also spread the voice that someone was trying to offer money, but he had thought it could be a trap to eliminate it, so he had taken advantage of still having to return to Albania to calm the waters.
He returned to Italy, it was recommended by his lawyer and decided to report the news to those who were investigating, then stated, and this was a novelty to have seen the girl and her American boyfriend pugliese (as had been indicated) to walk in front of a bar in the area dell'Elce, early summer, while he was in the company of an elusive uncle Italo-American KNOX, sipping beer. Responding to other questions, the KOKOMANI alleged to have been subjected to treatment in hospital, in one case, because of ulcers, which would have been told to deal with a drug that he thought was aspirin, however denied, but was particularly documented, that he had abused alcohol.
Dissolved the reserve on witnesses in check, he admitted two of a required total of six: the already mentioned Bonassi and BARROW, which gave way before us is September 27.
Bonassi STEFANO had been heard three times during the preliminary investigations, between 2 and November 4: only the third occasion, as already mentioned, had reported that his home (at right in Via della Pergola 7, which divided with fellow SILENZI, MARZANI and LUCIANI) was visited by a boy called the "baron" of South African origin, recalling that he was the apartment with her friends one evening when the head was returned. The Bonassi stated that they had noticed that the "Baron" was very drunk, so much so that shortly afterwards he had slept on the water: he added that the boy in question "was a very physical AMANDA."
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PostPosted: Fri Jan 30, 2009 2:25 am   Post subject: Temps   

Micheli pages 31 to 40
Coming to the days that followed, the accused said that he was at home on November 2 and to be released in the afternoon to go again by ALEX: first, going for several times above the market for basketball, had heard some guys talk about a student killed, and was back on even with the owner of a pizzeria near the cut. A house of ALEX had found his sister, in addition to Philip, and had been the girl to speak of the crime: it was limited to a hint, without comment by the GUEDE. After noting that RAW SOFIA CONCETTA had already declared not to have seen more of the end of October, however, prevented reiterated that it has been met that evening. Then admitted that he was at the "Domus" even in the night between 2 and 3, but - denied the alleged "impassibilità" of which he spoke the DAVIS - pointed out that he had observed the minute's silence invoked by dj for the death of MEREDITH .

After virtually closed other days at home, had left Perugia on Saturday (while noting that Saturday was the 3, then the day immediately following the incident narrated) by taking a train journey a little 'on-stage, had arrived before in Florence, then in Bologna. From there he continued to Milan, but without a ticket because he had little money (later, would also have sold the i-pod): surprised by the parties of Modena, was sent down, but at the first opportunity he had taken another train coming Milan past midnight. Here was in a room already knew that, just to pass the hours, and into the five had returned to the station, being also controlled by the police: he happened to get on a train in Germany, without even understanding the destination, and it was left to carry.
After various vicissitudes in different cities, meeting other people of color had finally confessed to what had happened, and feeling put words to understand that nobody in Italy would be willing to believe him, had arrived in Dusseldorf: there had to be taken GIACOMO with BENEDETTI, being informed that the police were looking for. Had told the truth, and revealed its intention to return, that his friend had called for during the journey to Milan, however, the first train control had been found without a ticket and without documents, and - found its identity - had taken the arrest.
The Judicial Police made some investigations nell'immediatezza investigation of the statements of GUEDE, and already on 8 December on record took the deposition of RAW ALEX brother SOFIA CONCETTA. The boy, 18years, said that they knew RUDI "around", without knowing how to show how good occasion: it was still born a friendship and patronage, with nothing but the name was quite often and went to find him at home. To tell the RAW, at least for what he finds, the accused did not use drugs or drank excessively. About Kercher, ALEX confirmed the particular batch of rugby view the "Shamrock" was just RUDI, after the murder, to tell him that the girl killed was the one who attended the meeting when they were . However, the young man stated that he had never seen talking to the GUEDE MEREDITH, nor had received from his confidence that the girl could to please or who had scheduled appointments with her. Asked how he had spent the evening of November 1, the witness replied that: "I do not remember what I did on November nor the evening of that day, but I am sure that RUDI did not come from me that night, even in late night. "

The RAW recalled that the day of the murder on TV news (ie 2) RUDI had passed him by, and was at that juncture that he was coming out of the emphasis of the subject with the girl of the "Shamrock "At the time, the GUEDE announced the intention to go a few days in Milan, just to dance. The meeting - occurred in the afternoon, with the accused who had remained for half an hour - was the sister of the head, but not others: the next evening, that Alex did not know where to say it had passed, RUDI was not his company.
After having learned of his involvement in the crime, the RAW had reflected on the behavior of RUDI November 2, reaching the impression that in fact he seemed a little quiet at the moment, however, did not notice anything special, nor was aware of any injuries on the hands of GUEDE. The young man concluded his testimony stating that the GUEDE had previously confided to feel alone, and that he would like to find a girl.
MOHAMMAD EGBARIA, Israeli student of Agricultural and boyfriend of RAW SOFIA, claimed to know RUDI, but had seen the last time October 24 or so: recalled that he had received a phone call from a different number than usual , October 27, with the GUEDE to say who was in Milan and that it would be returned the next day. He added that November 1 was spent in the company of girlfriend and ALEX, but not remember what they had done.
The Austrian MALY PHILIP MICHAEL stated that he had known the GUEDE around October 20, at the stairs of the Cathedral of Perugia, because it was in the company of common friend ALEX, since then, without exchanging phone numbers, he had reviewed other 6 or 7 times, always in the company of the group (ALEX, sister, MOHAMMAD and others) and on one occasion had all dined at the home of RUDI. Also confirmed that it has followed the "Shamrock" England-South Africa, and that he learned only after the killing - by some American friends - that that night would have been present Kercher: RUDI excluded, however, that during the evening in question, We had talked about. To tell the MALY, the GUEDE had never said to be attracted by MEREDITH or who had appointments with her, being a girl that the young Austrian did not know: he instead heard from RUDI that he liked a certain ALESSIA, Germany. Chiestogli what had made November 1, and when the accused had seen the last time, the MALY replied: "On November us I was all day at home and perhaps also in the evening, I am sure that you have not seen either in RUDI first day of November or the first evening of November (..). I am very sure that he saw RUDI for the last 4 or 5 days before Halloween in a room to take in this kebab Via U. Rocchi. The witness stated that he had finally learned from RAW that was GUEDE past dell'australiano from home the day after the murder.

SALIM ZAFER, Kuwaiti student and dee-jay at the premises of the old city, said they had known MEREDITH since the early days of her arrival in Italy, having seen several times a "Merlin" or "Domus", always and only in the company of his British friends, also knew RUDI, but they do not remember seeing the "Domus" on the evening of November 2. He had however noted the "Merlin" a few days before: in its view, the GUEDE sometimes put himself to dance on the tables of the "Merlin", demonstrating the opportunity to have drunk a little 'too.
On 11 December 2007 was then the turn of BARROW ABUKAR MOHAMED, nicknamed "Momi", a young Somali basketball player: the deposition of that you will return at a later time, since he was escusso during the investigation carried out in preliminary hearing .
Meanwhile, they were again escusse both ROMANELLI MEZZETTI and that the British friends of Kercher. Among the two Italians, while the ROMANELLI claimed that he had never seen or met GUEDE, the other referring to the Public Ministry that some of the boys plan under which he told an evening RUDI was at home and, being Various' drunk, was asleep on the water: the same MEZZETTI then had seen the accused in person, Sunday that she would be a moment to find the guys below, and it was the day of the race of the Ferrari.
Among the fellow countrymen in MEREDITH, the HAYWARD claimed simply did not know the GUEDE, saying that even the simple Kercher knew him, the RODENHURST, back to Halloween, which excluded some colored boy had approached the girl killed during their stay the "Merlin" or "Domus", indicating a certain FARSAD, Iran, the only foreigner who perhaps we had exchanged a few words (however, stated that they remained at the "Domus" only for a short time, while MEREDITH and other friends were still detained).
SOPHIE PURTON after repeated movements of the group of girls on the evening of 31, stated that during the evening MEREDITH had received phone calls, but could not rule out that the message had been: in the course of his stay at the "Merlin" were always together , and recalled that the only guy to avvicinatosi Kercher was an Italian about 20 years, with blue eyes and a little 'low stature, he could not say anything useful about what happened later at the "Domus", because -- as he had already said before - had not been constantly at the side of the Beloved. As for the GUEDE, stated to have seen the photos in newspapers after the arrest, but had never seen before: MEREDITH that excluded him as he spoke of a friend or acquaintance, and second you probably do not know at all.

On the evening of 1, and fell into their homes after supper, and by AMY ROBYN, the PURTON alleged to have told the Kercher being tired, and probably the other had said the same thing: of course, had not spoken of events that they had plans or the possibility of seeing someone, even to point out that because of tiredness would not want to.
Behavior in general of the Beloved, SOPHIE held to clarify not you ever seen a guy kiss in public, also said in some criticism that he had heard the address against KNOX, which said it was carrying men at home for sleep together.
FROST AMY reminded that on the evening of 31 in his apartment in Via Bontempi, she and MEREDITH had finished make-up together for Halloween, have both opted for a vampire costume inside the "Merlin" had happened that sometimes separate, even Due to the large number of people present, but had not noticed kids of color closer all'amica. Showed some young Italian acquaintance with whom you were entertained, then it clear that he saw the GUEDE for the first time in the photos in newspapers: he had never excluded heard Kercher say the name, or talk in general of a boy with its features. 31 was not seen RUDI talk or even flirt with MEREDITH, or the "Merlin" or the "Domus".
The evening after seeing the way to go nine, he had the feeling that - like all the rest - were tired for having made late the night before, and therefore wished to go to sleep. He knew, however, that the Butterworth MEREDITH was loaned out to a history book, and felt that her friend read it wished to return as soon as possible.
Regarding the relationship with GIACOMO, the FROST merely to state that the history between him and MEREDITH had just begun, although it could consider boyfriends: however, reported that her friend had told the KNOX had gone, saying that the boy liked to you, but (almost made a concession) had no objection to that we put Kercher.
ROBYN Butterworth finally confirmed that MEREDITH had talked about the history GIACOMO, initiated by a couple of weeks, and knew that that weekend he would go elsewhere, to his house or to ski, also confirmed for the evening of 31, this particular trick completed in the house. In both places where they were, except for short interruptions because either they had gone to the toilet, were still together: a "Merlin" that the "Domus" were very crowded, but no one in particular had approached when talking to Kercher, while showing the heads for about an hour, inside the "Domus", was not close (a difference, however, AMY, which was always MEREDITH).

Butterworth also claimed that he had never seen, even at random on the street, the GUEDE, and knowing recognize only because of the images appeared in newspapers or on TV: excluded therefore had ever seen in the company of MEREDITH, and denied that ' the friend had never spoken of a certain RUDI or - apart from GIACOMO - a guy that you felt attracted to or had any major interest, while not specifying that it would certainly described as a boy of color, but simply as one who had known.
The heads in turn reported the speeches made by the behavior of Kercher AMANDA men wore at home, and deals sull'abbigliamento MEREDITH of the evening, 1, described in a plush Heavenly brand "Adidas" with stripes blue on the sleeves, a knitted cotton long-sleeved beige and perhaps one or two more T-shirts underneath, with some drawing, plus a pair of faded jeans and a pair of shoes "Puma".
On 7 January 2008, meanwhile, presented the Mobile team in Perugia and TRAMONTANO CHRISTIAN AOUAD MUSTAPHA. The first reported to have suffered a theft at his home on 1 September 2 above, by a boy of color - in the wake of publication in the press of numerous photos GUEDE - believed to recognize in today accused. In particular, the man reported that at six o'clock in the morning of the day had been awakened by some noise coming from the room below the environment of the bedroom, ready to loft: looking, like his flatmate who was in his company , he saw a young man of color, intended to rummage among his things, so it was dropped in haste from the bed to try to send him away. The other, at that point, had to descend the spiral staircase which communicated with the floor below, but - and found the door closed - it was facing the TRAMONTANO that had followed, before grabbing a chair against brandirla him, then pulling out a knife to serramanico: the complainant, frightened, took over, while his girlfriend called the "113", and in the meantime, the thief - who had said a few words in perfect Italian, and had the breath winy - managed to escape.
Checked the extent of what had been stolen, the man noticed the lack of little cash and three credit cards and the next night, going to the disco "Domus," he seemed to revise the boy in question between the patrons of the restaurant. A distance of time, looking at photos of GUEDE newspaper, the TRAMONTANO had the impression that this was precisely the author of the theft.

The AOUAD, owner of a bar and a restaurant quite popular in the city center, referring instead to the PG he had often seen the Kercher in its establishment, always in the company of girls with which the British used to go out (once he had seen in a group composed by men, and there was also the couple KNOX-SOLLECITO), and had seemed a rather reserved girl, who did not trust. Also claimed to know RUDI, but only of sight, and did not attend MEREDITH ever noticed or other girls of British origin.
Investigations were continuing with the acquisition of the first results of investigations organic: it was reconstructed the genetic profile of GUEDE through various samples (in particular, samples of saliva on your toothbrush, found following the seizure of the Via del Canerino ), they determined the identity with those blocks on some of the findings, particularly on one of the vaginal swabs taken from the victim's body and a piece of toilet paper the bathroom where they had been found faeces before unloading. About the vaginal swab, however, was not detected the presence of semen, and could make the comparison of the two profiles only on all'aplotipo Y, featuring the individual men's and any ascending or descending in a straight line.
On 26 March 2008 the GUEDE made a new interrogation to the Public Ministry. At the same time, smentiva the outset that one of his acquaintances he had never called "Baron," and confirmed that in March 2007 had returned to Perugia from Lecco, going to find the family MANCINI for assistance in finding a job, almost had been found at the farm of CAPORALI; in August had left quell'occupazione, and had spent a few casual workers in the catering sector, seeking new opportunities through another friend GIACOMO BENEDETTI. Even during periods of commitment as a gardener or other, had continued to practice basketball, going to play very often to the field of Piazza Grimana: here was more often than boys in China, a camerunense called PATRICK (probably the TEMGOUA) and Lithuanian VIKI, but sometimes you happen even a couple of Italian boys who lived near the KNOX and Kercher.
Reiterated the same terms the circumstances under which he had known at the pub AMANDA of Diya, RUDI it showed once again with the memory spent the evening at the home of those young people, when they had encountered (along with KNOX) after the feast of OWEN birthday: in its view, it was the 12 or October 14. Confirmed that, once AMANDA ascent to his house, and before he returned, everyone said that it was a beautiful girl, progressing more or less fantasies goliardiche, and then - down the U.S. - had turned a "cane", that the same KNOX had taken up smoking in a way that it seemed excessive.

After a while ', was also dropped Kercher, and GUEDE stressed again that what had been the day that were submitted, adding, however, have already seen in some local essendosi sitting before him, had talked long enough between them, while AMANDA exchanging jokes with the other boys, but that some of them proved - neither you, nor with English - in confidence, or even linked by some reports. Unlike KNOX, MEREDITH had smoked by only a "draft", and she was just to say first that it planned to go to sleep, being followed immediately by AMANDA.
The defendant maintained that he had slept in the house, feeling a little 'tired and dazed from the smoke (and tipsy for having drunk a lot in the previous party), and they went to the bathroom, returning regularly but where he sat. A house of marchigiani was returned for the second and last time on the afternoon of the Grand Prix, and on that occasion he had seen one of the Italian flatmate of Kercher, who was dropped from the teens and had bought the "smoke" to 5.00 euros.
He then reviewed MEREDITH at the game of rugby, where he had taken the opportunity to bring it again because the girl liked it a lot: the "Shamrock" was first entered him in the company of Alex, and PHILIP FREDERICK, then ' had seen her enter and sit in the row behind. To tell the GUEDE even ALEX had hailed because they already knew. Later, during the month of October, he met again Kercher many times, the "Merlin" Here the girl happened often, always in the company of his British friends, with whom RUDI however claimed that they had no knowledge of occasions.
The afternoon of 31, as mentioned, the GUEDE had played some 'basketball, perhaps with the usual Chinese and knew that from the time of going to a festival of young Spaniards (a house and some CARLOS THOMAS , who had known a few days before) with the girls who lived in the apartment above her, there was indeed gone, first to the phone asking directions to your place, which was in the Field of Battle Street, and I saw a lot calcium, had eaten, drunk and joked a little ', then - with the rest of the group - went to another apartment in Spain, behind Via Bonazzi. Even here he found a lot of people, and during the festival had triggered several photographs, some of which were recovered by the defense and prevented the investigators were produced: in fact, in four or five of the images was somewhat different picture of GUEDE.
In the reconstruction of events at that point, prevented alleged to have done it some confusion, having considered seeing MEREDITH where in fact there was not excluding that there was where he really view, in fact, home of the boys Iberian Kercher was not coming at all, but had seen her - and kissed, as he had said before the meeting place elsewhere - the "Domus".
Around 02:00, with the same group of Spaniards, RUDI had left the second house and was directed to that space, found chock full of young people in the middle of the crowd when he was near the bar for drinks, turning into a bow and a room was found in front dressed as a vampire MEREDITH, and had fought on the fear that you would suck the blood because his team lost the game of rugby.
Again described the state of the premises, the accused stated that he had talked with the girl for about ten minutes, the outcome of which had requested to be able to review the next day, and she had consented without specifying if they had taken an appointment or if it was a belief that the time can go by you, the GUEDE added that the program was again in the evening after eight and a half, although 1 had a further meeting with the Spanish friends, to nine or ten o'clock and by CARLOS THOMAS, Via Campo di Battaglia.
The defenders also produced some photographs taken in the "Domus" in the evening in question, which showed that the same guys in the other photo portraits of the house of Spaniards gathered in the same clothes and attitude in the local investigation of statements of their patient.
1 The second version prevented, had slept until 18:00, and in conjunction with the start of the TG on regional RAI3 had left home in a few minutes, even less than ten, had arrived in Via della Pergola He had not found anyone, nor seen lights (even the floor below). Then, as was told, had gone by ALEX where he stopped for a short time, confirming that the Australian had him wait a while ', being in the bathroom, so it was accomiatato from RAW, saying generally that it would be seen later, and had risen to the Duomo. Reiterated that he saw PHILIP who spoke with a girl, and had not disturbed, then we had exchanged two strokes when he was already in hand with the kebab sandwich, and he said you could see later, as first had to meet a girl, perhaps all'austriaco had also asked the time, and it was just before eight and a half.
MEREDITH not clear who had given him a mobile number and he had not felt the need to ask, and because both met in the usual places, and because it no longer had a phone since he was arrested October 27 in Milan The GUEDE claimed to have returned to Via della Pergola at around assumed on the meeting, noting also a car type car just outside the gate of the house and a Moroccan, a sort of vagabond untidy, a short distance. He knocked, having found the gate open, and had not received an answer, in his steps back toward the road, he noticed the occurrence Kercher, while the car just remembered there was already over.

In a few moments to talk with the girl out of the house, RUDI said he heard someone who talked on the outside of the car park above: exclude rather than seeing Piazza Grimana bus departing for discos or tramps stationed on some bench: MEREDITH In it, he asked what did, and he had responded to the past, taking care to state that he was not waiting long.
In any case, the girl was not at all scared trovandoselo before, and you invited to join, and confirmed that prevented Kercher said aloud to be returned, and the particular that he drank water and juice from the refrigerator, After that had happened that MEREDITH had noticed the alleged theft of money. More or less, could be 21:20. It was derived the accusations and invective against AMANDA which it had already done the word, and among other things had not heard that it could more of the boys who KNOX brought home and his way of doing: observing the High arrabbiatura, RUDI understood that the money missing from English were not to be few.
He had subsequently calmed them a few compliments on the fact that it was a beautiful girl, and would come arrabbiandosi the wrinkles: at that point, had made a talk, a little 'of the difficulties that had MEREDITH with the American (of which said it did not even clean the bathroom), and then things more personal and intimate. The GUEDE had told her not to have a mother, but in life he had the chance to meet others, and Kercher had seized the opportunity to speak of her, telling that he was sick (as the accused had been able to include a kidney cancer) and that he was afraid of losing. Then the girl, when asked if his fiancée, had spoken of "someone special" in England, and he had drawn the conclusion that Italy had no ties.
In that context, there was the approach, of course: RUDI had kissed on the lips, then had caressed each other, even on the genitals, and after a while 'had come out of the obstacle MEREDITH for lack of a condom, so they stopped and removed his trousers on. The whole thing was done in the living room, with the two young people sitting on chairs nearby.
Disturbed feeling in the stomach, the GUEDE had gone to the bathroom, the girl asked permission to do so and feel as close to indicate that not just come with MEREDITH which was heading towards his room but was still in a sort of living room, someone the bell had sounded. RUDI had heard the Kercher ask who it was, after that - without having heard the answer of who was playing - he had heard speak in English and tone altered the words "we need to talk" or something like that, that is to say "We must talk."

The answer, this time, was implemented by booking (which had the open door of the bathroom), because the person since done at home with a female voice that he believed to recognize in the AMANDA KNOX, he replied, still in English, "what's happening?" that is "what happens?" or "what is the problem?".
The GUEDE considered not to worry, and that its business would not be so, it was made to listen to the music for the i-pod, but he needs her. As already reported in the first interrogation, he had heard during the third song a cry strongest volume in the headphones, and had then tried to go and see what was going on, with a speed that does not put to good care, or to download the water .
RUDI stated later in the report that, even with headphones on her head, he continued to hear rumors of women, always considered this to MEREDITH and AMANDA, but not in terms that he thought there was something serious in place. Came from the bathroom, the couple was surprised to find the light off in the kitchen, since shortly before it was on, then was heading for the corridor that gave to the chamber MEREDITH, and repeated the story on individuals who had visa behind the door, and that shooting was shot with a knife in his left hand, once the GUEDE had come close to him and he saw the body of the wounded girl on the floor. Compared to the previous interrogation, he added that the man was pronounced cheekbones and a kind of double chin: not wearing glasses, and could have roughly the same age. RUDI, who also claimed to have heard the voice of KNOX, AMANDA had not seen at home, before she is the only person with the knife, which had forced him to back up to fall to the ground when he was back in the living room, so you have made a chair against tirargliela and try to move it away from himself, corrected the earlier, somewhat 'hasty and implausible, in reference to the time of that species colluttazione defines "sudden" an attack in December that he considered it lasted five minutes or more.
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PostPosted: Fri Jan 30, 2009 2:29 am   Post subject: Temp   

Micheli pages 21 to 30
GIACOMO BENEDETTI, another childhood friend of RUDI, was asked by investigators to take the form of auxiliary PG for research via the web prevented the couple entered it in contact with him, November 19 through the program skype, found that he was in Germany, and resulted in the long interview during which the GUEDE was extraneous to the crime el'intenzione to return to Italy.

It will return later, explaining the removal of BENEDETTI the District Attorney in April 2008, the contents of that interview, because - although incidenter off, in a decision on the personal freedom of today's accused, but with arguments that must certainly condividersi - The court in Perugia said as having broken the medium containing the corresponding record: the fact is that the GUEDE convinced by BENEDETTI about the opportunity to take a train that will report in Milan, with the idea to join him at the station of that capital is put in effect on the road, then being arrested by German police before crossing the border.
On 20 November 2007 the G.I.P. issued European arrest warrants for him, for integration of the pre-trial detention in the meantime that the PM had already asked for and obtained. Because provisional arrest, he was invited by the Judicial Koblenz to interrogation, and claimed that it came into contact with the BENEDETTI is in an Internet café in Dusseldorf, he received information on the allegations concerning him, according to what the newspapers had published or had heard on TV. The GUEDE smentiva those allegations, stating that you have known the Kercher in a not more specific occasion on which the girl was in the company of a couple of young people with whom he had played basketball at times: a short time before, at the restaurant "Le Chic, had known the KNOX.
The accused claimed to have met MEREDITH the evening of October 31, while he was out with friends in Spain, and on that occasion had "Flirt" by giving a date for the evening after 20:30. On November 1, at about 19:30 (and could not be more precise, because it stated that it does not have a clock), the first GUEDE had passed from a friend named Alex, then went to Kercher's house, not finding, a Then he went from boys basketball fans, not detect if they were young people under the plan, but had not found them either. So, was climbing toward the center, by buying the kebab, then return to Via della Pergola here had waited a few minutes, after which came MEREDITH, which had opened the door making it into the house.
After a brief interview, also because of what had happened between them the night before, the two boys had kissed, not then come to have sexual relations: first, however, had happened that Kercher had discovered the lack of money a drawer next to his bed, and had gone into the room AMANDA - that was not there - to see if the money were there. It was derived MEREDITH generic accusations against the American, especially the first alleging that the other smoked drugs (particularly GUEDE confirmed that, because he happened to see the smoke KNOX in a previous occasion on which he had been there).

Without adding further details, the biased reporting that at one point he had gone to the bathroom, and from there - despite having put the headphones for the i-pod, had heard that someone had knocked on the door and entered after about five minutes (remember, however, to have heard two or three songs, which showed FINANCO titles), had heard the cries that had exceeded the volume, rather high, headphones, so that - without even pull on his trousers - was released, finding a man from behind in front of the entrance door of the house, slightly lower than him.
The GUEDE stated that it had recognized that person, but seeing MEREDITH bleeding on the floor: then he grabbed the man, asking him what he had done, but the other had turned violently trying to hit him with a knife that had a hand, probably the left, and in fact AT a wound on his right hand (for some relief from the photographic curati German police, were very small lesions by cutting the hand of biased). Trying to dodge the blows, the GUEDE was backed, however, fell to the ground for not having pulled up the pants of all: here had a chair trying to defend himself, el'aggressore had escaped from there in a moment by saying, before leaving from the house, the phrase "Negro found, found guilty," but that the accused understand if those words were addressed to a third person present.
Noting blood copy in a large room MEREDITH, especially a cut wound to the neck of the girl from which flowed the blood, RUDI had tried to rescue, taking her in a bath towel to staunch the bleeding: in a few seconds, However, it was soaked in turn, so it took a second. In those cases, according to statements by the GUEDE, the Kercher was still alive and moving, also trying to speak, but he had understood a word or part of speech, ie "f", so he tried to write those two letters on the wall. The boy, however, claimed that they found in a state of total confusion, without the clarity necessary to call or ask for help to a doctor, so - perhaps because he had the impression to hear the noises from the floor below - it was removed without closing the door, probably after handling almost everything inside the room of the victim. Could not remember whether, when he was released, MEREDITH was still conscious, recalled that even at that time the girl was dressed in a dark jacket, a white sweater and blue jeans. Stated that when he finally entered the house had not noticed any sign of alleged theft or broken glass, in going away, had crossed the basketball court Grimana Square, where there were Chinese intent to play.

On the alleged leakage in Germany, reiterated their confusion, both by making false (on the advice of other people of color, better not mentioned, which had also suggested to apply for asylum) during a check by the Police in Stuttgart, however, added that he has acquired an intention to return to Italy after talks with BENEDETTI, also giving its consent to extradition on the express purpose of returning to clarify its position, and nothing argued in ordered the arrest and extradition to the same.
The GUEDE was handed over to Italian authorities in the early days of December, and 7 made questioning the GIP
Previously, however, details were taken by many people who had got to know or attend prevented, particularly in the more recent periods: November 13 already, the name of RUDI had been done by TEMGOUA NDONGMO PATRICK LOUIS, a student camerunense-worker who had indicated generically as usual companion game during basketball games at the field before the University for Foreigners (where the heads have been excluded for the late evening of November 1, having left no later than 19:00 but without having seen the GUEDE with not playing for about a month).
Another American, Lithuanian RAKAUSKAS VYKINTAS, claimed to know the GUEDE from playing together in the team "Liomatic", and to know that in recent times - while not having heard more on the phone for about three months, or seen in the last two weeks, although it usually happens to the field of Piazza Grimana - worked as a gardener at the Caporali. The boy showed them the addresses phones in its possession, which were 329/1819627 (the last one had been reported by MANCINI, which had had recent contact), the 340/7969958 and 335/5690231. As patterns of RUDI, the RAKAUSKAS claimed to have seen him at times "very drunk", ruling out that he himself used to drink a lot, until about a month before: on further specific application of PG, was to have stopped attending because in immoderate drinking, so that the evening was often drunk, had not ever met any girlfriends, unless he has heard from him that he had had a history with a student during his stay in Sydney, but he knew that the girls liked GUEDE white and not those of color.
HEALTH Keisi, a Latvian girl, reported to have known RUDI the October 11, during an evening at the pub "Castle Rock", and had exchanged phone numbers (the GUEDE had left the delivery 329/1819627, but not having the phone with him, nor a piece of paper for note, he told the Keisi was reminded that the memory of her).

The evening was then concluded the "Domus", and pointed out that the couple had RUDI suggested to her and all'amica which had left to return home by taxi, given the late hour, however, hint that the two girls had not harvest. The day after GUEDE had called to invite to dinner, but she had not accepted, as had happened some other time after the prevented, however, had never infastidita, so that - despite having met in subsequent occasions - the Keisi stated to have been a good impression.
The American students and REBECCA SAVOY AVITAL BENEDEK, placing November 22, claimed to know the GUEDE about a month to have attended the same group of friends at nightclubs in Perugia: in particular, stated that he had seen for the last After the "Domus" in the night between 2 and November 3, when it was called a minute's silence to commemorate the girl killed the night before. They had, however, a precise recall the behavior of young people in that circumstance, because they had drunk a little 'all, this is the birthday of another friend: The two Americans, when asked whether they had ever seen RUDI drunk, however, replied "yes" .
The same day, GIULIA DAVIS, another American in Italy for study, all made statements in conformity with two compatriots, claiming not to remember, however, if he had ever seen the GUEDE drunk and that it was his intent to dance with him at the time which had been requested for recollection MEREDITH: at that point, while another girl was approached to explain what was happening, the Davis had noticed that RUDI remained impassive.
RAW CONCETTA SOFIA, a girl student of Australian law, said the Judicial Police that he had known RUDI in October, without knowing how to specify where and how, he added that the couple was at times to find her younger brother Alex, and attending the " Merlin "or" Rock Castle. " Sometimes the GUEDE was drunk, but - after the return of RAW to be a short stay in Greece to parents, October 26-30 - was a 'non-seeing.
FERNANDEZ NIETO MARTA and Espinilla MARTIN CAROLINA, coming from Spain and domiciled in Perugia because university students of Economics, reported that he had known the GUEDE in September, because occupied an apartment on Via del Canerino 26, below that where they lived: it was derived a series of casual encounters, especially as they had in common laundry, and sometimes were left together, particularly on 29 and October 31. In the latter case, coincides with the celebration of Halloween, had traveled to Camp Street Battle at the home of another girl Iberian ADRIANA that, at a party among fellow countrymen: in all, there were about thirty Spaniards, and RUDI had talks with them.

Towards midnight, the two girls were going to be another Spanish, named Carlos in his house in Piazza Italia, and RUDI had followed up staying with them to one of: MARTA was then returned home, while CAROLINA - in company of GUEDE - had continued a tour of the festivities by going to the "Domus", where he was detained until five and a half without knowing how to say exactly what time RUDI was left to turn. The Espinilla stated that the couple had talks with the Spanish friends, and you seen dancing with a blonde girl with long hair and smooth.
On the night between 1 and November 2, again according to the story of two Spanish, were returned to the "Domus" where they had seen once again GUEDE around 04:00 in the company of people who did not know: were not in able to say that by now there was this.
Nell'interrogatorio guarantee the GUEDE said first of all to know superficially Diya Lumumba, and that he was no more than three or four times a pub "Le Chic" KNOX know, having seen for the first time I was in the room by PATRICK, AMANDA where he was approached as a waitress, and had sometimes met in the street (merely a greeting of fact) and had spent a night with her and the children who lived at right below the Street Pergola. This episode was effective, in its view, the beginning of October, however, to coincide with the birthday of his friend, a certain OWEN: After celebrating the boy with his company of friends, RUDI had met around the KNOX and two students under the plan, which he knew from playing basketball in the usual field, and those two were to invite him to go back home.
AMANDA had risen in his apartment, and was at that juncture that the GUEDE had made some positive comments about her (but the other boys had participated with their comments, rather heavy) and run some "rod" for there to just the U.S. had fallen, and I was coming out of laughter because it was the person they were talking about. The accused said that the KNOX had smoked, and stated that it felt a little 'tired, both for having drunk a lot that the effect of smoking inside the house, and went to the bathroom for a need to come back from the other (with the exception of having fallen asleep on the toilet, claiming to have pulled him regularly flushing). After a short time had dropped MEREDITH, the GUEDE stressed that they have already been informed of the presence of an English girl in the above, but he had never seen: feeling the emphasis had to be understood you, and we had exchanged few words, appreciating the beauty.

Meanwhile, the Kercher was made to smoke, but was just AMANDA urge you to go to sleep at home every two, as it was done late, RUDI, because of fatigue, had then asked the boys under the plan if he could sleep on the sofa, and he was allowed.
The day after he had woken up, even for the presence of a cat which had risen to lick her face, he greeted one of those young and had gone on, to be added back in that apartment later Sunday, without MEREDITH, at the last Grand Prix of the Formula One season, following the execution on TV with them.
In a different circumstance, however, was again with Kercher, even occasionally encountered in the "Merlin" or around the city, which had happened on the evening of the match England - South African rugby, which had witnessed at the pub "Shamrock" in the center of Perugia, noting also among those present MEREDITH. The GUEDE, along with his friend ALEX greek, and to Dutch all'austriaco PHILIP FREDERICK, were there to tifare South Africa, while MEREDITH was obviously part of a group of fellow countrymen, and were followed by my esteemed sfottò each other, up to a few bar when the final defeat of the British. During the game, RUDI colloquiato often had with her, but did not give dates or to agree to see later in the evening: October 31, at Halloween, had the view again, and this time things went differently.
The GUEDE claimed to have gone to a party of Spanish friends, in a house behind the film "Peacock", and they were all masked: at one point he had approached a girl dressed as a vampire who had turned the floor without even he will realize that it was precisely MEREDITH. Once recognized, had jokingly asked if he wanted to sucking the blood, a mo 'revenge for the defeat in rugby, and then were entertained to speak: the accused also described the location of the interview, with a room between two intermediate bathrooms, and stated that he had kissed the girl, saying that he wished to revise the following day. Thus, we were gathering for the evening after, at eight and a half or so.
Out of the house of the Spanish to 02:00, the GUEDE explained that they went to the "Domus", because more or less all had revealed its intention to move in that space where there was a party dress: in describing the shift and their expectations, said it had prevented "a flood of people", but specifies that they have not noticed MEREDITH, which hoped to revise the "Domus". However, there were reviewed: the establishment, second RUDI, there were so many people, but believed that there was Kercher.

Looking after some of the photos already paid in the dossier, which the victim ritraevano the disguise for the party of 31, the accused did not recognize pictures of the rooms including the house where he had talks with the Kercher, however, confirming his version of events . Stated, however, taking note of the declarations of the Spanish girls already escusse, which in fact had spent the first part of the evening in two different houses, ever fellow of the latter (and had met in the second MEREDITH): As understood or remembered, the hosts were called both CARLOS.
Coming in the evening of 1 November, RUDI reminded to be left home and began the TG3 regional, then at 19:30 was spent in Via della Pergola, but not knocking him no reply, or the floor of the girls or one below. At that point, the GUEDE had decided to move to find his friend Alex, who lived not far from there: once played, had waited 5 minutes before you see the door open, because the other guy was doing the shower, and then two had exchanged words with him reaching the agreement to review them later, also in the house of ALEX. RUDI then went to buy a kebab near the cinema "Turren", having long shifts another friend PHILIP: at first had not stopped since PHILIP was talking with a girl, then we had maintained for some while, after saying that it would be reviewed by ALEX, and in the meanwhile they had plans to see a person. PHILIP had asked if it were a man or a woman, and he had replied that it was a girl.
Returning to Via della Pergola, the GUEDE had knocked again and again had no answer, in a few minutes, however, had actually arrived Kercher, who had asked how long waiting for them. RUDI had replied that there was only one minute, even if it was someone in the past, she had smiled, took the key from the bag and both were entered into the house. More or less, it was 21:00. MEREDITH said in English "I am here", to warn of its entrance, but no one had replied, and in fact the impression was that the other girls were there because the rooms were closed and there were no lights or noise. The accused, because of a kebab 'spicy, had requested permission to drink, and Kercher had told him to do as if it were at home, so he had taken from the refrigerator a little' water and juice. While in the kitchen, the couple had heard cursing and complaining, and it was therefore directed towards her: MEREDITH, in his room, he found a drawer open and said that there was money that was placed there, without specifying the size of the sum but making it clear that this was a significant figure, and if it was immediately taken with AMANDA, describing it as a drugged.

The GUEDE had tried to calm, or tell you not to accuse the KNOX so without knowing how things were going, and with her had made a turn for the whole house, in order to check whether there were signs of tampering, not find any, the Kercher, for its part, had wanted to check a tray of the American chamber, without finding the money. Un po 'to calm, somewhat' groped for an approach, the accused had approached the more tenderness, starting to talk about himself and his family at a later date, stated that they came in with confidence MEREDITH, who had spoken of a sentimental story in the UK (not even a boyfriend or a boy in Italy).
So, while they were in the living room / kitchen, had said that he liked, starting frolicking and kiss, to touch each other in private parts. The GUEDE stated that it had partially penetrated the girl with the fingers alone, and have even touched the breast (and bra) from under the mesh. Then, after about ten minutes, was MEREDITH to ask him if he had of condoms he had replied no, and both are ritraevano realizing that they pushed a little 'in there. Thus, we were reassembled (not having been completely stripped, but having only unschackled and we both lowered his trousers) and RUDI had told of having to go to the bathroom because the kebab had given him in the stomach.
He had gone in the bathroom with the door near the refrigerator, on the advice of the girl, had loaded the i-pod with the usual 25 songs he listened more and had sat on the water after cleaning tablet, such as his habit: as stated The usual conduct of its needs to do with the ear headphones, hearing music. The couple also recalled the sequence of the first three songs popular, being the usual place, and while he was in the middle of the third - although the volume very high - he had heard a scream: asciugatosi in a hurry, not even close out the belt, it was directed towards the chamber MEREDITH, finding the door (but once inside the room) for a man who gave his shoulders. At that point, the GUEDE had put his hand on the shoulder of that person, seeing the same time the body of the girl on earth: the other had suddenly turned, vibrating strokes to his address with a knife he held in his left hand, which are not known to indicate the length or other characteristics.
Described the subject in question as a little lower than him, of similar size, with clear jeans, a black jacket brand Napapijri "in which he had noticed the logo, a white cap bearing a red stripe in the middle and hair - which saw below - pale brown: it was not able to provide a better description as a result of aggression under way, which prompted him to be careful not to be injured, even if the man was drawn to the hand of smear right. Moreover, the lighting was very low, because there was only lit a lamp in the bedroom of the victim.

In the back withdrawal, the first fall was prevented a clothesline on the corridor and then came back in the kitchen and fell between the table and the refrigerator dell'incalzare because of his antagonist, whom he described as a venirgli him "fiercely" managed to grab a chair, pushing against the other man, and these - after a brief moment of hesitation - had fled, saying in perfect Italian, the words "is black, found negro, found guilty, let's go."
RUDI continued explaining that the story, hear the breach in front of the house steps, which were becoming had heard the noise of the path of most people, receiving the strong impression that, in addition to that subject there was somebody else: the window sportosi of the room which gave to the way (ie the room of ROMANELLI), tried to see someone on the street or courtyard, but without success.
He returned to the room MEREDITH, which described not in chaos, we realized that the girl bleeding from the neck, shoulder all the "wet" was wearing jeans and a T-shirt of white wool, with the breast covered. The GUEDE had then tried to lend aid, by taking a bath towel, but it proved to be too small and was soon soaked in blood, so it took another pad and took the wounded, in that case, the Kercher had given him l 'impression of wanting to say something, despite the blood that flowed from the mouth too, and RUDI - thinking to distinguish in the letters "a" and "f" - had taken the trouble to write on the wall with his finger, Since the bloody hand.
Chiestogli by Judge why he had not thought to call someone to help, the accused replied that it did not have a phone (or had seen in the house), having been arrested the cell in Milan a few days ago and, because of fear failed to keep shiny, thinking that no one would have believed in that condition was, all bloodied. Then insisted that he has touched more or less everywhere in the room, even with our hands dirty with blood, without explaining why his fingerprint was found on his pillow under his body when he reminded the cushion above the regular bed, where they were the jacket and the bag that the girl was placed back in the house. The bed was, according to his description, covered with a duvet red or beige (but insisted much more on the first color): the pillow was out of the quilt.
Feeling perhaps a noise coming from the underneath, the GUEDE was even more frightened, and decided to escape, leaving open the door of the chamber MEREDITH the door (and all the windows intact) was passed by Grimana Square, where someone was playing on the basketball court, and it was directed towards the Canerino Street, trying to avoid Corso Garibaldi not to meet people who could see his clothes stained with blood.

As to his clothing, said to have worn, among other things, a sweatshirt and shoes brand "Adidas", the latter - he said - remained clean. Arrived home, he washed the clothes, then - still in the grip of a strong agitation - had changed and was out again, heading towards the house of ALEX: come here, there was also another friend PHILIP, beginning to share some word but still feels as if in trance, making considerable efforts to remain calm and to give an impression of normality. The accused showed approximately 23:30 in the time that had entered a house of boys, where he was detained until midnight and a half or so and then make a turn in the center, meet with another American friend and go to the usual "Domus" (but perhaps not even Alex, who had been friction with the staff of the pub): here were more or less up to 02:30 / 03:00, and from there went to "Velvet", as one of his friends had to talk to someone local staff.
Going up with the times backward, even by the distances covered on foot and on the duration of his stay in Via del Canerino for clean, assumed to be out of the house on Via della Pergola around 22:30, or a few minutes later. Also indicated in more than five or six minutes in the time elapsed since he had heard the cry of the girl when the unknown attacker had drifted away from home, wanting to emphasize that the colluttazione was prolonged. A further question, also said to have heard, when he was still in the bathroom, the sound of the bell of the door, as already stated in the first interrogation in Germany.
Faced with photos of the scene of the crime, the GUEDE denied that the position of the body of the girl was the one where he had left, reiterating the fact that he was dressed and not seminuda; ruled that when it was facing the window of the room ROMANELLI groped to see into the street, the glass was broken, indicating that the dark interiors were open like shutters.
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PostPosted: Fri Jan 30, 2009 2:31 am   Post subject: Temp   

Micheli pages 11 to 20
SOPHIE PURTON, ever since November 2, stated that he had often attended the Kercher, with whom he loved to go to the "Merlin" and meet with friends, in turn, was said to have knowledge of history with the boy dell'amica the floor below, But she had never seen. The PURTON placed around 21:00 in the time they were out together from the house of the other girls, November 1 (to be confirmed come to 15:30, before MEREDITH) had walked up to Via del Roscetto, and there had been separated since the apartment of PURTON was one of those sleepers. As the couple said, killed the girl had not revealed any strangeness, except true or seem a little 'tired because of the small hours made the day before celebrating Halloween.
The next day, after a second report, which described the events of the evening of 31 and focuses in particular on a Moroccan boy with whom he had maintained, the PURTON was escussa for the third time, and on that occasion stated that it was MEREDITH lot of friends, to the point that they do feel very intimate confidences, including that of having smoked a joint: so, she felt excluded that Kercher had been involved or linked to other men, apart from GIACOMO, otherwise it would be been informed. As did the Butterworth, MEREDITH ruled that he had received phone calls in the evening, 1, even while they were returning home. He added that he has finally learned that the KNOX dall'amica sometimes led men to their house, referring to a "strange" (without going into further details) who worked in an internet cafe.
The same girl, also for being the last to have seen life in the Kercher, was heard repeatedly during the first days of investigation: the 5 you directly provided the PM, who explained to live in a house in Via del Lupo (where for a month had also lived FROST, and it was through her that he had known MEREDITH, September 2) away just two minutes walk to the form of Via della Pergola. The PURTON to be considered, along with Amy, her friend with whom MEREDITH had the closer relationship, for this reason stated for not believing that there was someone whose Kercher had fear, otherwise it would have been made aware of. As for people who attended MEREDITH, the PURTON appointed the usual GIACOMO; not know was that a South African, but did not rule out that someone might know of the usual basketball players of the market in Piazza Grimana, since we went in front daily. About drugs, the head stated that her friend smoked it, but only when it was in the company of boys under the plan and particularly amasse without preconditions, however, MEREDITH had received from those young people - who had left the keys home, during their brief absence for the "bridge" of All Saints - the task of watering the plants of cannabis, and it's not like it.

The PURTON later confirmed the boy particular the Internet cafe a few 'strange (again, without indicating why: Later, the couple was probably identified in a certain Juba, who also worked at the pub "Le Chic" ) AMANDA that had brought home, although he had told MEREDITH. She knew that her friend had to say, but without any particular dispute or discussion, with the Moroccan which had reported in the previous report, due to a ring SOPHIE who was held in a kind of pledge.
Describing the evening of 31, the PURTON recalled that the idea of dress for Halloween came a little 'to them, as well as the decision to go local in the two already reported here had seen several children, some already met on previous occasions and others not, but the heads stressed that they remained in touch with MEREDITH only to "Merlin" and the "Domus" was maintained with other people el'amica had been in closer company with AMY and ROBYN. During the evening, however, were all pretty drunk.
In the afternoon, 1, when Kercher was reached in the house on Via Bontempi, had taken a talk between girls of old flames or the like, focussing on the former MEREDITH who was in England, had also commented on the previous evening, but that the friend had hoped that have been approached or have been affected by someone in particular. The PURTON, as a further demonstration of confidence with her friend, stated that MEREDITH had been told to have sex with GIACOMO, and made jokes and comments in the past about a boy who came from Switzerland, however, already broken down, with no there was no history. That evening, as was shown by other evidence, MEREDITH had received no phone calls or SMS, the four girls had eaten a pizza and cake, and then watch a DVD: in practice, had finished dinner and ended the projection of film. Leave the house and AMY ROBYN, the Kercher and she had dropped the steps at the end of Via Bontempi, reaching Via del Roscetto: here were separated, because Via del Lupo was on the right, while MEREDITH had continued the way along Via Pinturicchio , then other steps down to Via della Pergola (at least, so the assumed head, since the usual route and the shortest). The PURTON was sure that he checked the time when returning home, and it was 21:00.
On 17 November, the PURTON made a deposition to the court proceeding, confirming the initial statements but can specify the best time in which the four friends had started to eat in the house and AMY ROBYN (probably 18.00, or perhaps first): instead corrected the time when it was returned to Via del Lupo, recalling that they were still 20:55. Sull'abbigliamento of MEREDITH, claimed that her friend was wearing a jeans' torn, a jacket and a heavenly blue sweatshirt, both "Adidas."

He added that part of the afternoon watching him busy on the Internet photographs of the evening before (that one of the friends he made on his blog), indicating that MEREDITH, returning home, had agreed with the PURTON that were both tired and would immediately go to bed without saying anything about where he was or what AMANDA that evening. Finally excluded for having never met any of the usual frequenters of the basketball court before the University for Foreigners.
Another British girls who had dined in the house on Via Bontempi on the evening of October 31 was identified in HAYWARD NATALIE BETINA, and the couple claimed to have been very friendly to Kercher: MEREDITH had confided to be very attracted to a boy GIACOMO name, who lived under the plan, to tell that he kissed for the first time and then having slept together (without adding however if they had been making love), had also said, however, he found even more beautiful another of the boys under the plan. To tell the HAYWARD, MEREDITH did not use drugs, or had not ever talked about him, was not that he had received harassing phone calls, or some guy she rejected desse nuisance.
SAMANTHA LEE ANNE RODENHURST stated that it was his turn to "Merlin" on the evening of 31, and having met Kercher around midnight, while the head was already there for about an hour later, after 02: 00, had also revised MEREDITH "Domus," in the company of FROST and Butterworth (while he had not noticed the PURTON), and when n'era way - to 03:30 - the girl killed was still there. The RODENHURST excluded that her friend had problems because of someone that bother.
CHARLOTTE SUSANNE PAGE confirmed that he had seen the Kercher to "Merlin" 31, without specifying the time, later claimed to have traveled around 01:30 at the "Domus", which is not remembered it noted.
Bidwell JADE was in turn to "Merlin" on the evening of 31, and had seen MEREDITH, who had known during a meeting at the month of September claimed to have a good relationship of friendship with her, so that at another night in the same room, some time before, had told an Italian boy with whom you attended. To tell the Kercher But it was not a real boyfriend, because he did note that not always told the truth (one evening, had called on the phone knowing that it should stay at home, and instead understood that the boy was released) and thought he might not be true.

Meanwhile, information had been taken by ROMANELLI and MEZZETTI (and dall'ALTIERI and the ZAROLI, but only reported data on the circumstances of the discovery of the body of the girl killed), and both had already made the word of the link with Kercher The young student who lived in the underlying.
The ROMANELLI claimed to have personally received a call from MEREDITH concerned to occupy one of the rooms in the liberal left that the two Italians were taken for rent, following items appeared on the Internet and places frequented by students (the KNOX had contacted the MEZZETTI) believing that she and AMANDA girls could be right, they soon reached the agreement, and had resulted in a totally peaceful coexistence, with the American and English, which - by age and common interests - often went out together .
The heads are not defined MEREDITH "girlfriend" with someone, but specifies to know that you saw a couple of times with GIACOMO, for its part, the MEZZETTI said they had seen often in the last two weeks, the two boys in the company, with the young Italian who spit in their apartment and saw the television with Kercher, or apartment with you in your room. In its submission, MEREDITH had reported to be very good with him, without any friction.
All both Italian MEREDITH argued that, to the best of their knowledge, had never raised children in the home, with the exception of that GIACOMO, while KNOX had happened: the ROMANELLI reported in the first occasion that something about it had been said by the same Kercher and MEZZETTI, besides seeing AMANDA with some guy without specifying the circumstances, while the other was the name of a pair of young, one of them presented to you by your KNOX. The same names, in addition to the calls were made by ROMANELLI in a subsequent report.
At some point, in fact, more or less from the month of October, according to the relations between ROMANELLI MEREDITH and AMANDA had a 'cold, probably because the KNOX palesava a much more extroverted, all two, occasionally, made use of spinelli, who heads the smoke had seen its flatmate during some evening in the company of boys from the floor below.
About the payment of rent, the ROMANELLI MEZZETTI and stated that the full price stood at 1200.00 per month, that girls are divided among themselves, 300.00 euros a head for the best of their knowledge, as would explained later, the Kercher had already collected the sum needed to pay its share for the month of November, or at least so he trusted them.

Personally interviewed by the Public Ministry about the state of his room on the evening of November 1, the ROMANELLI claimed that there were certainly valuable items, including a laptop computer, a pair of sunglasses signed and some gold jewelry, stored in a tray: a look from the surface, it seemed that the missing anything, except maybe some article of maquillage. As for the window, pointed out that it certainly closed the windows, leaving the dark probably Open the blinds, is not a secure one hundred per cent, believed to have closed without yet both, since the tax left met resistance on the sill due to a swelling of the wood. His memory was no longer accurate, since it believed to have certainly opened the morning with the taxes need light to change (while not having slept at home, but at his boyfriend, was moved from there to reach the Altiero that celebrating the birthday), but was then removed in a hurry because it was already late.
Information taken from the four boys marchigiani occupying the apartment below, not emerged - if not by the statements of Bonassi STEFANO DALIO, which will return later - items of interest: SILENZI GIACOMO confirmed to have had a history with Kercher, even doing sex with her (the first time in his apartment, next to the house of the girl), while it was said MARZANI MARCO aware of that report, stating that he thinks the most involved in sentimental terms was GIACOMO (who had also told a particular type of relationship he had had with MEREDITH) and LUCIANI RICCARDO - which appeared to be the most isolated of that group, as if it intended to cultivate friendships outside and not frequent or almost flatmates - hardly say he did not know anything useful . GIORGIO COCCIARETTO, a friend and fellow tenants of the building, but not living with them, noted that he had known MEREDITH at the home of the other guys saw in those occasions always natural and sociable, but she had noticed that his behavior changed when was around the city or in the local meeting place, to the point that not even greeted and seemed haughty: added later to have heard that in the last two or three weeks the Kercher was linked to GIACOMO. Later it appeared that the very COCCIARETTO was the only one, in that context, to have had occasional telephone contact with the accused GUEDE RUDI HERMANN; of KNOX just knew he had a much more extroverted, with many friends and many visits male.
In the days immediately after the crime, investigators focused their attention on their own version reported by KNOX, considered objectively lacks credibility.

Noting a number of contradictions between the girl and made of those calls, and taking note of an accusation made directly against the American Diya Lumumba, said Patrick (his employer at the pub "Le Chic" which AMANDA pointed out as responsible for the murder, although rather confused), the Public Prosecutor ordered the detention of all three, and GIP - The outcome of subsequent court validation - they have the restriction in jail by order of custody.
Only then, by comparing data in the Bank an impression handheld impressa blood found on the pillow and the pillow that was under the body of the victim, is found instead that the scene of the crime of 21enne GUEDE RUDI HERMANN, a native of Ivory Coast but grew up in fact in Perugia, a city where he had lived for a time with his father, coming later given to families of Umbria, the boy had recently returned after a prolonged stay in Sydney, but without references stable, so to be on the spot had disappeared.
He came with a more thorough examination of the 14 fragments of papillary impressions that finding by the Police Scientific and considered useful for comparisons were not attributed to any of the persons identified as potential visitors of the apartment: between these fragments, the majority part of which had been finding in different environments of the room Kercher, the first, marked as "important B" era - with remark of 16 November 2007 of the Judicial Chamber Identity - attributed with absolute certainty at GUEDE, which appeared earlier in fingerprint 2005 and the same in 2007. On 16 June 2005, the GUEDE had been subjected to allegations of ritual under Law No. 189/2002, as part of its practices concerning the residence permit in Italy, October 27 2007 (ergo, just five days before the murder) he had been identified in that of Milan and denounced at large for theft, receiving, possession of weapons and port.
At the last occasion, in particular, it found that prevented the surprise was in a kindergarten, the director of the institute, arrived in the morning at the headquarters, there was precisely the GUEDE, who claimed to have justified not having slept a place to go, the subsequent control maintained by staff of the High Commissioner PS "Garibaldi Venice" revealed that the couple was in possession of a laptop computer complete with accessories (results stolen from a law firm in Perugia), and a women's watch, a hammer and a large kitchen knife, the latter property of the school and then stolen from GUEDE immediately before.

So analyzing the imprints made by prevented when the previous identifications, and compared with the one on the pillow, it emerged "similarities in background characteristics on changes in the route papillary and correspondence of 16-17 points over the same characteristic shape and position ".
The investigations led to the GUEDE identify him as the young man of color that had already emerged from some evidence, particularly that of the already mentioned Bonassi These had indicated that, one evening, a South African boy nicknamed "the Baron" was maintained in 'apartment on Via della Pergola 7, to the floor below, and during the evening were both the Kercher that KNOX, had also added that the boy in question had revealed a certain attraction to the U.S., and - once gone in the bathroom, having drunk a little 'too - it was even sleeping on the water.
A horse of those findings, on 12 and November 27, two other witnesses had reported details have proved of considerable importance. ALESSANDRA FORMICA, a 26enne of Strozzacapponi the evening of 1 was coming to dinner in the center with your boyfriend, declaring that it came to 20:00 at the restaurant planned in Via Ulisse Rocchi, but it had been argued that 's had to wait an hour, so, along with the boy, had a walk up until 21:00 or so, returning to the local and consuming dinner. Here they ate a starter each of the dumplings and a chocolate pie, hold the time corresponding to the number of courses and the service just ended, however, had decided to leave because it was cold.
Having left the car at the parking lot of St. Anthony, so we were directed to walk to Piazza Grimana, then taking the stairs to reach the shed, but in the fall of the heads pointed out that her boyfriend - MINCIOTTI LUCIO - was violently struck by a boy of color intent to run very fast towards Via Pinturicchio: According to the times listed above, the FORMICA quell'episodio placed around 22:30 / 22:40. Come to the park, near the local "The Counterpoint" had noticed a car, on whose back seat had a woman and a child, assisted by a tow truck. Later, the heads GIAMPAOLO LOMBARDI, an employee of a body of work with a driver of means of recovery, was quoted as saying that he had a call to action with the tow truck in Via della Pergola, at 22:40 on 1 November, reaching on site until 23:00 and remaining engaged in transactions for 8-10 minutes: The LOMBARDI recalled that he had noticed, near where the car service, two men and two women (but identified the owners of the car, which emerged in Indeed there was also more than a minor).

Mrs. CAPEZZALI NARA, resident in Via del Melo of the first floor overlooking the parking lot just mentioned, and then a short distance from the house which had been the scene of the crime, referring to the Public Ministry to have the windows of his apartment in the direction the building on Via della Pergola 7, of which however could only see the roof. On the night between 1 and November 2, in its view, the woman had gone to bed early, more or less until 21:30 (as usual, and also to be widowed by little), but after a lapse time indicate that he did not know, simply saying that perhaps "two orette" had sleep, he felt the need to go to the bathroom.
At that juncture, and had already raised and stood in front of the door-window access to a terrace, had heard a scream of a woman who described "excruciating", so they felt hair: he had the clear feeling that the cry came from his house before, so it was made to look in that direction through the bathroom window, without seeing anything, but while you were ritraendo had heard a scalpiccio of stones and leaves, at the driveway access to the house on Via della Pergola. Soon, he heard running away someone in particular, there was someone who ran her second on a scale of iron in that territory, which leads to the Via del Melo and thence to Via Pinturicchio, and someone who "escaped from the driveway, towards Via del Bulagaio or area of the University for Foreigners. Later, he had not heard anything more, while taking to clarify that it did not immediately riaddormentata also due dell'agitazione that cry that had caused the contrary, it also raised it again to go and drink some 'water but never - neither the first nor later - to make the case that now was. Noted that he had finally phoned the police only days before the deposition because of their health and the fact that initially did not feel safe, but nevertheless remained firm in the knowledge that he had heard quell'urlo strong, so he had deduced from itself the cry to each other of murder.
Returning to GUEDE, his unavailability lasted very little: found that one of the landmarks of the boy in the city was the family MANCINI Tiberi, was the lady TIBER IVANA his elementary teacher, investigators turned to the son of costei (MANCINI GABRIELE ), and another childhood friend (BENEDETTI GIACOMO) groped for traceability.
The MANCINI, on 18 November 2007, reminded us to know and be friends with RUDI for years, precisely because of the emotional bond that the mother had agreed with him: the boy had lived with his father, that MANCINI described as a violent (much to clarify that he had asked on one occasion at the same RUDI if the father had turned attention to sexual, feeling say no), while the mother of the boy had virtually disappeared after having been placed in the world.

Over the years, especially after the father of RUDI was back in Ivory Coast to return to Italy only sporadically, social services had been employed on several occasions of the young, creating a trust first to a family of Ponte San Giovanni, then - for a period of time, up to 18 years of GUEDE - the family Caporali, owner of a fairly prosperous (the "Liomatic"), which also sponsors a team of basketball, sports in which the boy was somewhat different from yes just play in that team for several seasons.
Also according to the reconstruction of MANCINI, who described the character as some of his' "rebel", to the completion of age RUDI had moved from an aunt who lived in Lecco, then was moved to Pavia, where she found some job , also had the opportunity to train with the local basketball team. Lost for a while 'contacts with the GUEDE, the heads had accidentally found by searching on the internet made out of curiosity, which was revealed the existence of a blog bearing the name: thus was able to retrieve it, making give a new address and phone clarify - at least according to the stories that did RUDI - who continued to work between Pavia and Milan, and had also engaged with Veronica, an architecture student originally from Potenza. In late 2006 and early 2007, however, a night RUDI MANCINI called home, saying in despair that they have lost their jobs and insisting that the lady told a TIBER VERONICA its history of problems and dropout.
After another couple of months, during which the GUEDE failed to obtain a new job, he returned to Perugia, settling at a friend's family as to take the residence after the same MANCINI had cared for him some practices for the formal start to work, RUDI turned to Caporali, who had offered a place to help gardeners in their farm. Despite some difficulties, due to the fact that he had not yet received the license and did not have a car, so he started to work, temporarily handing over their wages to the parents of MANCINI opening up its own bank account Postal: improved their situation, the couple had confirmed on the way - clear since returning in Umbria, for not imposing too much on who was hosting - to go to live on his own account, thus taking a rented apartment in the center, located Via del Canerino 26th
Despite the MANCINI him and the parents had tried to RUDI desist from that idea, for about two months it had seemed to go well, at the end of August, however, after a period in which it was not done more to see and had always left off your phone, it will GUEDE had finally answered the phone, telling the friend that you are in Trieste without even explaining what she was doing, and simply point out that shortly would be returned to Perugia to return to work.

A few days later, he was actually reappeared, even attending the reception for the christening of the granddaughter of MANCINI, but had expressed confusion and restlessness, so that the witness had advised him to apply to a friar of the monastery who knew of Monteripido able to give psychological help.
At that point, RUDI was gone again, and the month of October, the father of MANCINI went to look for him at work, found that for some time had been dismissed because they had been ill, then not produce any medical certificate to justify the absence.
The MANCINI then had tried repeatedly, even at those who might know him and give him the news, and only a few days had been the GUEDE to be felt again, ultimately to find the family MANCINI and stop for lunch or more less to the 20th of that month: from that moment, however, was gone again, despite the TIBER lady had given a card for calls from public phones.
On Monday or Tuesday before the deposition (ergo, the 12 or November 13, three days before it was verified the identity of those who had left an impression on handheld pillow in the room of the crime), the MANCINI said to have sailed on the Internet, and - through the Messenger - had realized that someone was associated with the account RUDI: be thinking of his own, had sent some messages initially remained unanswered. Shortly after, a further message with which the MANCINI the accused to be running away again, even by him, the GUEDE responded by writing "I can not" to which the witness replied, "What you can not?", And the other retorted with the words "You know." The subsequent response of MANCINI "What should I know", as reiterated twice, remained without response.
Meanwhile, the Judicial Police went to the apartment of Via del Canerino contacting the owner (RINA MARANI, of Foligno): the woman voluntarily gave the keys of the property, stating that a few days who were not carrying , who had already said before the middle of October of having to visit abroad, and had not complied with the request of the lady to show his new work contract (wanting the MARANI be quieted some of the possibilities to cope GUEDE payment of the fee). For that reason, she would be at home together with a friend and was to enter costei noting that there was no one, despite the mess in the kitchen.
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PostPosted: Fri Jan 30, 2009 2:34 am   Post subject: Temp   

Micheli pages 1 to 10
GROUNDS FOR DECISION

On the morning of 2 November 2007, at different times, the owners the house located at Via Sperandio 5A Perugia rinvenivano two mobile phones in the garden of relevance of the property, and thus turned to the Police Post in the capital report the incident (even for the singular coincidence that he had received in the previous hours, a strange phone call threatening to fear that the presence of explosive devices in the bathroom, then proved to be the fruit of imagination of a child). Carried out checks on the first phones in question, the audience on the sim card appeared to belong to that ROMANELLI FILOMENA, domiciled in Via della Pergola 7: a crew of Postal Police are therefore carried at the address found, but - in place of ROMANELLI - there revealed the presence of two other young people, the American KNOX AMANDA MARIE (which was another of the rooms occupy the home) and her boyfriend SOLLECITO RAFFAELE.
They claimed to have already called the police due to some circumstances that had aroused their concern: in the case, subsequent investigations led to acquisitions verify that the alleged phone call "112" (actually were two, immediately after the first call SOLLECITO made to his sister, Officer dell'Arma service elsewhere) followed, not preceded, the arrival of the agents, but it should be now clear that this ruling does not deal with, if not to the extent strictly necessary to position GUEDE RUDI HERMANN, items collected indiziari against co-defendants. As point of argument followed in this case, as well as historical data substantially (with a now well-known to the defense of defendants in the above), it plays later in the order of art. 299 c.p.p. issued by the Office of the outcome prior to the hearing in respect of ordinary co-defendants, but no more: for example, then we will not reconstruct the movements of suspected KNOX during the morning, as she told the investigators, these are things that - you want is deemed reliable prevented the reconstruction of, or otherwise in view - remain entirely neutral as to the evaluation of data concerning the investigation GUEDE.
As represented ISP. Battistelli, the KNOX the early and had therefore noted the presence of traces of blood in some rooms of the apartment, particularly in one of the bathrooms, and traces of an apparent theft (although neither of the two said that they noticed that something was actually been stolen) just ROMANELLI of the room, where there was broken glass and a large stone in the ground. In the bathroom there were feces, not flush with the downloaded.

In addition, the door of one of the rooms occupied by the English student MEREDITH Kercher was closed, so that the early - not the girl answering the phone KNOX - claimed he had tried without success to force: on the handle, and in the vicinity leaving, there were more blood traces.
In the meantime, arrived at two other young (and Altiero ZAROLI LUCA MARCO, introducing himself as the boyfriend of ROMANELLI): The ZAROLI explained that he had received a telephone call from his girlfriend, KNOX warned by the state of the apartment, so she - who had spent the night with him in another place, but was already out with a friend - it was keen to send him to take a look, at that point, the ZAROLI Altiero had prayed for the pass to take. In a few more minutes, came the same and ROMANELLI GRANDE PAOLA, fidanzata dell'ALTIERI: and it was the ROMANELLI, after stating that the phone with the card issued to her in fact belonged to Kercher (gliel'aveva donated her own because the fourth with their unmarried girl, MEZZETTI LAURA, had made similar donation to a different card to KNOX), to insist that was thrown down the door MEREDITH.
Despite KNOX - as later reported by the two pairs of young people - were reported to have the habit of Kercher to close the door key to go to the bathroom to take a shower, however, that statement appeared to conflict with the previous attempt by the ANXIOUS to force that door, the alarm ROMANELLI palesava immediately before the discovery of a behavior that is not recognized as a friend of his usual English, especially, the Italian stressed that MEREDITH not ever come off its phones, in particular with the sim card British used to keep in frequent contact with the mother, and that his cell was the second to be found in the garden of Via Sperandio.
Faced with the caution of the Agents of the Police Post, which is not believed to cause damage to private property only on the basis of the highlights was the Altiero to take the trouble to break down the door to kick, but not just a step to ' inside the room is with horror ritraeva noticing blood in large copy and a bare foot - clearly an inanimate body, rivers on the floor - protrude from under a quilt. It was, as soon found the body of Kercher, who had an eye on the neck wound by cutting weapon. The Isp. Battistelli, at that point, inhibited to all present to enter the room, and did speak of my fellow Team Mobile.

As a result, even in the following days and edited by staff of the Scientific Police Service, an extensive inspection activities, which showed that:
- The entrance of the apartment, where there were a railing of metal and a wooden door, no effrazioni; the latch of the lock was locked, but that (as verified on the basis of witnesses, primarily from the statements of ROMANELLI and MEZZETTI) depended on an initiative of the occupants, due to the defective functioning of the lock;
- Once a small before the threshold, you enter a room used as a living room-kitchen, where you find some impressions of the soles of shoes and small traces of blood;
- Stay on the right there was the door of the room occupied by MEZZETTI, where not found anything significant, while in the first bathroom, adjacent to that room, the water is clearly not downloaded, with all ' internal feces and toilet paper;
- On the opposite side accessible to the room instead of ROMANELLI, which had doors and drawers rovistati, with clothing and various objects thrown in bulk on the bed and onto the floor, on the inspection report dated 2 November 2007, 14:00 , he noted that:
"The room takes light from a window, located in the middle third of the front overlooking the avenue of access to housing. The exterior is protected by a Persian Florentine wood green, actually found semi-free of tampering. The door to the right of the Persian, is equipped with a locking device known as' a spagnoletta '. The window consists of two taxes in white wood with glass panels, opening inwards, each fitted in dark wood white. The dark of the right, is fitted with a small bolt closure, actually pegged to their slot in turn set to below, and a second closure device, called 'a spagnoletta' equipped with a latch more the previous high, actually open regularly (..). The tax has left the shattered glass in the bottom half and a hole of irregular shape, measuring cm. In length and 53 cm. 27 wide. The interior and exterior window sill of the window was covered with glass fragments of different sizes are also present in the room. On the dark side of the left, at the hole in the glass, has an obvious nick in the wood of irregular shape, cm. 2 or so, with fraying of the fibers and some small wood splinters of glass stuck there (..). The exterior of the window sill is from the soil below mt. 3.78 (..).
On the front quadrant of the floor, below the window, a mt. By 0.93 meters and the right wall. 0.66 from the front wall and mt. 2.31 from the rear wall, is a paper bag of medium-sized (..), containing clothes and a stone measure cm. X 20 cm. X 15 cm. About 15 and a second piece of stone, small size, rests on the floor, outside of the envelope, next to the stone (..)"
- On the half wall, having left the threshold of the room and to the right of ROMANELLI that of MEZZETTI, opened a narrow corridor (which is accessible to two rooms and a second bathroom) on whose floor was repertoire other imprints of shoes tracks and blood;
- In the bathroom, which is determined to use in the last two occupants rooms (ie KNOX and Kercher), it revealed the presence of numerous blood stains, as described in the inspection report noted:
"On the floor, underneath the sink, we see a pad of cotton of color on the size of celestial cm. 74 x 48. Him, in the right rear portion, is stained with blood substance (..). Above the left edge of the sink, rests in a plastic box containing 'cotton bud', whose cover, lower right corner, has a spot of blood substance (..). Three other dripping are observed on the left edge of the sink, at the same height, on the inner tub, a blood drop, which spread to siphon (..). The tap of aluminum sink, the top surface is stained with much blood substance (..). Small traces of blood, drop-shaped, are on the cover of water, (..), upper surface and the tiles of the bathroom, close to the tube connecting the water and place on copritubo aluminum (..). Inside the bidet, we see a streak of blood substance accompanied by a drop of blood around cm. 2, with downward trend. A blood drop is on top of the bidet, the left height of siphon (..). Plastic plate on the switch-up, is essentially a drop of blood, a second drop is on the button (..). On the right profile of the front door to the bathroom, dripping blood is a total length of cm. 26 (..)."
- While the camera in use at KNOX (first left) is not showed anything significant in terms of investigations, was obviously in the room, where he had found the lifeless body of Kercher, which focused the attention of investigators . Starting from the door, so the verbalizzanti describing the state of places:
"The handle internal applied to, metal-colored brass, high cm from the ground. 99, is significantly imbrattata, mostly in the upper part of the substance in blood. Other small blood stains with casting are among the brass plate of the handle and the inner leaf, and the lock on the plate, brass, housed in the thickness of the charge, and finally the adjacent wood, near the same plate (.. ). Before a cabinet with two sliding doors, which measures mt. 1 wide, mt. High and 1.95 meters. 0.60 deep. The door is left open on the right and the left panel, the inside, lower left corner, we see a substantial blood soiling and casting, with strips of elongated and curved, probably generated by the fingers of the hand, which is cm . By 35 cm and below basic. 58 from the back dell'armadio (..). At the same height, the same panel, the external side, we see a blood soiling irregularly shaped (..).

Alongside the left wall, with the headboard against the wall earlier, is the single bed with mattress covered only with the sheet below, which are based: a bag lady in imitation of beige, two socks sponge; a book ( ..) macchiato, on the top right corner of the cover, of a substance in blood (..); towel sponge ivory color, plenty of substance smeared blood (..). On the sheet, in the towel and said the bag, are two blood spots of irregular shape (..) measuring cm respectively. In length and 9.5 cm. Wide and 2 cm. In length and 14 cm. 3 wide.
On the left wall, above the bed, a mt. And 0.61 meters above the floor. 2.28 from the rear wall, is a small blood stain, irregular in shape, size cm. Long and 3 cm. 1 wide, parallel striations Whiskers at the top and to the right eye (..).
On the bottom of the desk, the inside, there are two small blood drops (..).
On the front wall, about mt. 1.02 from the wall and left mt. 1.20 from the floor, is a soiling substance of blood, with stripes almost parallel to each other, elongated, probably generated by the fingers of the hand (..) the measure cm. In length and 22 cm. 6.5 in width. On the floor in cm. By 39 cm and the back wall. 99 by the left wall, is a foot path, signs circular concentric left for blood (..). deposition A second track plantar signs concentric circles, left for blood deposition is a mt. 0.89 from the wall and mt. 0.85 from the left wall (..). A third track plantar signs concentric circles, left for blood deposition is a mt. 0.81 from the wall and mt. 1.13 from the left wall (..).
On the floor, a mt. 1.50 from the wall and left mt. 0.78 from the wall, we see a white bra, soaked in blood substance, mostly in the right shoulder strap and on the outside top of the cup left. This shows the proportion of non-elastic strap on the left, dall'anello torn plastic fasteners and private strip of cloth where the hooks are set to post closing (..).
On the floor, a mt. 1.03 from the wall and mt. 1.58 from the left wall, is a slip of a woman, rolled, black (..). On the floor, a mt. 1.10 from the wall and mt. 1.08 from the left wall, is a pair of blue jeans (..) part of the substance smeared blood on the back, to the right pocket. On the floor, between the cupboard and bedside table, there are (..) a bag of hot blue and a pair of boots in brown leather, which are based (..) on a large pool of dried substance blood (..).
On the floor, above a carpet woven in blue, a mt. 1.52 from the wall and mt. 2.52 from the left wall, is a bag with shoulder strap in beige cotton (..). On the same table, we see a tennis shoes in white cotton, imbrattata at the foot of the substance blood (..).

On the floor, a mt. 1.20 from the wall and mt. 3.14 from the left wall, there is a blood soiling, which together measure cm. In length and 15 cm. 11 wide, containing various small spots of irregular shape and hair formations (..). On the floor, front right quadrant is a (..), soiling blood, elongated, with a semicircular pattern and parallel stripes, which measure in cm. In length and 69 cm. 40 wide, which includes training hair, flanked by a tiny ray of splashing blood, and spread to the right before, covering both the third casualty of the right wall that the cabinet doors (..).
On the floor, in the space between the cabinet and the bed, we see the corpse of MEREDITH Kercher.
The same, supine, rests with its head in the direction of the front and the left foot towards the back wall. Taking as a reference point for measuring the umbilical scar, is mt. 1.84 from the wall and mt. 1.80 from the left wall. The body is covered with a duvet beige, with the exception of the left foot and the upper half of her face, which emerges from the same (..).
At approximately 00:45 hours 03.11.2007 (..) we have to discover the corpse (..). The trunk, intermediate and extended, with the back rests on the floor with the region and buttocks, right and left on a pillow (..). The corpse is wearing only a cotton shirt rolled up to the thoracic region, blatantly imbrattata substance of blood.
During its mortis, following the rotation of the body, we observe on the second floor tennis shoes in white cotton, imbrattata part of the substance in blood, a towel green sponge, a towel in ivory-colored sponge completely soaked substance of blood, the sheet above the bed, cotton white, smeared in several points of substance in blood, a shirt with a zip, fabric color blue, collar and cuffs and blue, imbrattata of blood substance. Underlying the pillow, a mt. 1.41 from the right wall and mt.0, 95 from the front, found the strip of cloth bra that was missing from the market, where the hooks are set for closure. "
The first record of the visit also focuses on injuries found on the body of the victim, but were later described analytically and fairly in the examination autoptico and medico-legal investigations.
Dr. Luca Lalli, first consultant appointed by the Public Ministry in the course of the preliminary investigation, directly participated in the survey noted: in subsequent works, after stating that the cotton sweaters worn by the girl died were actually two, both raised on the chest to discover breast, he noted that he had found to 00:50, 3 November data cronotanatologici rite, namely:
- "Strictly valid in all districts muscle;
- Hypostasis red wine slopes located within the supine position, impallidenti digital pressure;
- Rectal temperature 22 ° C, room temperature 13 ° C ".

The rigor mortis hypostatic and signs were found several hours later, carrying out further operations on the corpse at the morgue at Perugia in the home, taking advantage of Dr. GIORGIO EPICOCO as auxiliary, as a specialist in obstetrics and gynecology, the CT noted that
"The examination of the vulvar region shows no injury or evidence suggesting that traumatic actions (..). On the inner face of the labia minora, parallel to the line item dell'imene, roughly from the border between the middle third and the third back, you show the kind of injuries ecchimotico, pale purple, which are directed towards the fork, is right and left. The mucosa of the vaginal canal, the proximal, appears regularly plicata, pale and without signs traumatic (..).
At the level of ano-rectal line, boundary between semimucosa anal mucosa and dell'ampolla, there are small discontinuities of the mucosa of dubious origin (..). Later we also show that small lesions in appearance ecchimotico, color purple. "
Dr. LALLI made in some anal and vaginal swabs, which were delivered to the staff of Police Science.
In describing the results of the exterior of the body, the CT characterized among other things:
- "Face (..): end petecchiatura welcomed the palpebral and bulbar conjunctiva bilaterally, predominantly on the right. Nostrils to the prevailing light soffusioni ecchimotiche Annex nasal nase all'imen right and left (..). At the lower lip near the small lip commissura bruising bluish color, light escoriate areas are on the outer lining of the lower lip, prevailing on the left. Many areas ecchimotiche and escoriate small indorale the mucosa of the upper lip and the lower prevailing left, bruising of the lower gingival fornix. In the left cheek, cm. And 2 cm below. 2 before the external acoustic meatus, superficial solution continuous linear, obliquely prepared in the front and tail, long cm. 2.2, which extends 2 before having even more superficial solutions continuously cm.0 length, 6 cm. 2 below it, at the horizontal branch of the jaw area ecchimotica ovalare more transverse axis of the scale of cm. 2.5 x 1.8; cm. 3.5 prior to delivery, always at the margin anteroinferiore of the horizontal branch of the jaw, another area ecchimotica round cm in diameter. Approximately 1; cm. 5 earlier, below the chin symphysis paramediana left, another bruising round of the maximum diameter of cm. 0,5 cm. 2.5 laterally, at the right horizontal branch of the jaw, another round of bruising cm. 2:2; cm. 3 from the previous year, at the right mandibular angle, another bruising cm in diameter. 1. In the region sottomandibolare median, area escoriata roughly square in shape more oblique axis in the rear to the left of the corpse, the maximum size of cm. 1.6 x 0.4
- Package: laterocervicale left in the region, cm. 8 cm and below. 1.5 before external acoustic meatus, the presence of a large wound net margins cm in length. 8, disposed obliquely, in the caudal and lateral widely diastasata, which exposes the underlying tissue that appear to cut osteocartilagineo plan. The margins are least prevalent hemorrhagic infarcimento at a distance of cm. 3 from the side where there is little codetta. Orletto escoriato minimum and maximum extent of ecchimotico cm. 0.2 is at the very front of the top margin. This follows a wound that will develop further through soft tissue with apparent oblique direction dall'avanti back, from left to right and slightly from the bottom up.
Near the far front of the wound as described above is present, in close continuity with the bottom edge, an area up to the extent escoriata cm. 1, immediately below which there is another injury to net margins but slightly infiltrated with blood, with orletto contusivo cm. Codetta with 0.2 and located at the side. Said he wound size cm. 1.4 x 0.3, presents oblique direction downward and the rear is prepared in parallel than the previous year, and is followed by a subcutaneous through with oblique direction from the bottom up, from right to left and slightly back dall'avanti . Seems to cross through the wound as described above, ending at a distance of about cm. 2 at the top overlooking the large lesion. From the leading edge of the wound will depart with the small surface area escoriata solving continuous maximum length cm. 2.
In the region laterocervicale right, cm. 6 cm and below. 5 prior to the external acoustic meatus, ecchimotica area of the maximum diameter of cm. 3 in which insists wounded linear dimensions cm. 1.5 x 0.4, obliquely willing to bottom and toward the left, with the margin codetta minute earlier. A predicted following a wound through which approfondi with oblique direction from bottom to top, toward the right and the rear to a maximum length of about 4 cm. Below it, superficial excoriation of irregular length cm. 0.5. Cm. 0.5 before, another excoriation irregularly linear length cm. 1.5, which presents a partial slant in the cranial and to the left.
Laterocervicale left in the region, near the basal region of the neck, number three surface excoriation, linear, parallel to each other, arranged obliquely downward and to the front, from left to right, the upper size cm. 0.8 x 0.4, the interim post cm. 1.3 from the previous one, has dimensions cm. 1.5 x 0.2, the lower post cm. 0.8 from the previous one, has a length of cm. Approximately 1
- Arms: the postero-lateral side of the elbow, right, number two ecchimotiche rounded the maximum diameter of cm. 1.2 x 1, attached to the mutual distance cm. 1.5.
Despite postero-lateral middle third of the forearm, another area ecchimotica slightly more ovalare longitudinal axis of the scale of cm. 1.8 x 1.4 or so.

At the palm of his right hand, at the third range, superficial wound linear cross-cm length. 0,6, sparsely infiltrated blood; below it, longitudinal linear ecchimotica area the size of cm. Approximately 0.3 x 2 in the fourth match haul other superficial wound on the size of cm. 0.3. Fingertip to the first finger, face fly, another superficial wound, linear cutting the size of cm. 0.3.
At the ulnar side of the first phalanx of the second finger of the left hand, superficial wound linear cutting length cm. 0.6
(..)
- Legs: the anterior-lateral side of the left thigh seem detectable some (3) tenuissima soffusioni ecchimotiche rounded, very slightly visible, the maximum diameter of cm. 1 or so, along the same line at a distance of about 5 cm. of each other. At the front, middle third, the right leg, area round ecchimotica cm in diameter. Approximately 2
(..)
The medico-legal advisor of the PM, the section of the corpse, showed among other things:
- That wound through the largest had a length of 8 cm.;
- Detrimental to those proceedings that led to the complete section dell'arteria thyroid top right;
- The fracture of the hyoid bone;
- The leakage of fluid from the blood vessels of both lungs.
By limiting the time for emergency reconstruction of inquiry to data revealed in the inspection and examination of autopsy findings, in addition to the evaluations made by different investigators, consultants partisan and / or experts appointed later was therefore evident that the Kercher was been the subject of multiple pipelines aggressive, the most important of which was achieved through a cut from the tip and act to cause a large wound, but one "codetta" (and therefore, with all likelihood, monotagliente): it was certainly a derivative hemorrhagic shock, as a result of injury to un'arteria. Another objective, according to "petechiae sottocongiuntivali" encountered, related to a phenomenon asphyxiated, due to aspiration of blood in the airways. Finally, there was a rift, however, indicative of violent action.
These signs and medical conditions are combined as determined visually on the discovery of the corpse: the girl was almost naked, thereby assumed a context of sexual assault for the purposes, and in this regard were to assume significance in the alleged bruising perianale and vaginal area, which had been aware Dr. LALLI and Dr. EPICOCO.

Starting the investigation, the Prosecutor and the Judicial Police proceeded to reconstruct the movements of the girl in the last hours of life, including moving the assumptions made by CT Medico-legal point of time of death, to be placed at a distance of no more than 2 or 3 hours after the meal eaten, and likely to be understood occurred around 23:00 to 1 November 2007. It is well established that Meredith Kercher in Italy for study purposes, it was maintained with some of his compatriots and friends on the evening of October 31 (on the occasion of the feast of Halloween, going to dance in a couple of rooms with a lot of disguises and masks ) and the next night, going to dinner at the home of AMY ROBYN FROST and Butterworth.
The FROST, escussa already on record on the afternoon of November 2 and again later, said he had known MEREDITH about two months before, both attending the University for Foreigners of Perugia, and having seen very often during that time, exiting together with other British girls several times a week. The couple said that the girl had killed a sentimental story with an Italian student, named Giacomo, who lived beneath the floor of the building on Via della Pergola 7.
Also according to FROST, the afternoon of 1 MEREDITH had reached around 16:00 / 16:30 in the Via Bontempi that the heads split with Butterworth and another girl (match for England in the morning holding), another friend, SOPHIE PURTON, had arrived half an hour earlier. Here we were made for a chat and to prepare something to eat, they had seen a movie on DVD and, more or less until 21:00, and SOPHIE MEREDITH had gone away to return to their homes. The night before, after supper ever in Via Bontempi with other British girls, the same quartet (MEREDITH, SOPHIE, and ROBYN AMY) was raised to "Merlin", a disco-pub in the center of Perugia, to dance and drink in the company: it had withheld from midnight to two and a half or so, after which it went in another room, the "Domus", having fun in the same way up to four and a half or so. At that point they were returned home, except that it was PURTON left later, becoming accompanied by other friends.
The Butterworth claimed to have arrived in Italy, more recently, and that he knew the Kercher AMY through his coinquilina; anch'ella referring to the report by JAMES MEREDITH, indicating that the deceased girl had spoken of as a story, as not serious, with a strong feeling. The witness confirmed the events and ending the evening of 1 November in the same terms as set out by FROST, stating that while in Via Bontempi MEREDITH did not make nor receive calls.
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PostPosted: Fri Jan 30, 2009 2:40 am   Post subject: Temp   

MICHELI REPORT PAGES 73 TO 106
Similarly, mms arriving at 22:13, which found the British mobile phone in the area of Ponte Rio - Montelaguardia, no proof at all that at that time it was already near the home of Mrs. Biscarini WOOL: printouts of the previous days, as duly noted by the PM, on the contrary evidence that many of the notices of quell'apparecchio going to commit the same cell, which means that there was a normal bounce between cells, the most interesting area Via della Pergola and the cell in question (less than assumed, out of the logic that if they went MEREDITH walking in Via Sperandio every time you should call their family members).
Finally, did not even merit a series of arguments put forward to refute the argument of the call urges the "112" only after the arrival of the Police Post. Apart from the content of the calls in question, where the early says that was not stolen anything, but there was a closed door with the occupant sought but did not respond, before which there were stains of blood (in theory, he could trust what he was saying KNOX over the state of places to assume that nothing is missing), it is undisputed that he called his sister - Official Carabinieri - at 12:50 p.m., so the "112" at 12: 51 and at 12:54 p.m.. The remark of the Police Post, signed by Manager. Battistelli, indicating the time of arrival of the crew at 12:35 p.m., according to the cameras and parking Sant'Antonio, a time marked by round, maybe the officers arrived earlier.
E 'that was claimed in the reports of His police say they have not been identified in the present or to have immediately qualified, but it is unthinkable that one quarter of an hour or more if they are going to walk or to have remained look, then, it was claimed that the BATTISTELLI reported to have traveled to the spot because they were found two mobile phones, but the lady wool is taken on record on the second phone found only at 12:46 p.m.; and second Altiero LUCA agents were in the kitchen , with the two phones placed on the table. In support of these assumptions, it is recognized that the Information Manager of the Police Post states that the wool had returned to deliver a second phone and, in light of the results, it was decided to send staff in Via della Pergola.
In fact, the sequence of events is as follows:
10:58 a.m. - is the first complaint by Dr collection. BARTOLOZZI (and states that the first phone is delivered simultaneously)
11:38 a.m. - will perform inspections on membership, which shows the name of ROMANELLI
11:50 - the second record with LANA (probably remained in those offices) which shows that she and her family was the perfect ROMANELLI unknown; verbalizza still BARTOLOZZI
12:46 p.m. - second complaint, also collected by BARTOLOZZI with simultaneous delivery of mobile
13:00 - there is the activation of the cell corresponding to the Police Command Post (Strada Borghetto of Prepo) from the users of English Kercher
13:50 - seizure of the two phones, recorded - usually from BARTOLOZZI - 14:00
The data now reported, however, must integrate with the statement made by Biscarini Fiammetta, daughter of Mrs. wool, which she was called by her mother to ask if you knew a certain ROMANELLI (before 11:50 a.m., it must be considered) and shortly afterwards colf found with the second mobile phone, at that point, the Biscarini immediately called his mother, who at that point was probably more at the Police Post, not reason to stay and not imagine the result of history, and immediately after the command Police, from which he felt that it was necessary to bring the other equipment. So the Biscarini went to the mother near the WFP and went, just before 12:46 p.m., at the police.
It follows that the police knew of the second Postal mobiles around noon, under the call of the daughter of the wool, and was probably decided to send BATTISTELLI in Via della Pergola only to hear the news (in fact, the inspector said that it brought in place because of the discovery of two mobile phones, rather than have it done after the formalization of the second complaint or bringing the two devices in question). The only discordant note is then the story of Altiero, saying "there were always these two police officers standing in front of the kitchen table, with the two phones supported on the table, a piece of paper, I always think of the police, with the writing of numbers phones, "but it is possible that the cell had been brought from other staff, or that the BATTISTELLI was resting on the table the first phone in the name-that ROMANELLI, which certainly could have - and another, perhaps his own, confusing the heads. So how is it that the Altiero it is wrong to remember there were also mobile, and not just the package, as if to 13:50 mobile phones were seized at the Command - by verbalizzanti different ISP. BATTISTELLI - you may not ever moved from there, partly because people who were in Via della Pergola had to think that other than to worry about back phones to make a formal kidnapping. "

It acknowledges that in order to play were also held on the evidence of guilt, more specifically, to be paid by the co-defendants, but only for completeness of exposure and as already announced in the memorandum, they still objected to the GUEDE challenged as competition. Conversely, it must be noted that some of the above considerations have also taken account of allegations that other parties have introduced in the process after the accused had in epigrafe exercised the option for the short ceremony.

This refers in particular to technical advice, respectively filed by the defense KNOX and calls in regard to reconstruction of the dynamics of omicidiaria and compiling the data in the cellular telephone traffic, and the alleged presence of traces attributable to the use of a knife of different characteristics than the kidnapping, however, must equally clear affirmation that enter the body of this statement concerning the points made by the judge does not involve any violation of the rights of the defense of GUEDE. As revealed by solar evidence, also because of the special features of a process where the other defendants - in terms more or less explicit - are intended to defend the third accused, and conversely, those elements were highlighted in order to state specifically in GUEDE l ' unique and real murderer, and - as directed in that direction - have all been deemed not conclusive.
So moving from the data that must be understood already tested and developed, not escape just remembered that on the occasion had anticipated the need to address the central problem of the credibility of RUDI GUEDE: its presence in the house on Via della Pergola when the Kercher was attacked and killed is beyond dispute, being permitted by him, and we must therefore understand if he has told the truth or not when they designed justify.
At the outset, it must also be clear that admitting he had been in place the crime was, for the accused, however, inevitable: the first investigation which led to his identification, which is the handheld imprint on the pillow, was a test overwhelming, which was followed by equally unequivocal results of DNA analysis on the vaginal swab, the toilet paper, the bra, the stock exchange and the fleece, as well as the latest comparison of fingerprints of its model of shoes "Nike" impressed with those on the floor MEREDITH chamber. The GUEDE, when he decided to make its own version of the act, he knew that deny his presence there would have been like to deny the evidence: and, as an additional finding of fact, can not forget that, from the date of ' murder to one where someone told how things had gone, spent almost twenty days. Finding that also lends itself to different keys reading: first you might think that that time was useful to reflect and develop a story that was as possible acconcio in their interests to exclude or reduce the significance of 'they found there, the other could move the claim that a period of reflection (if we had understood RUDI weigh his phrases, aware of being involved in the offense) was to suggest a less imaginative reconstruction and sgangherata " , as its own defenders intended to describe it, but to highlight the inherent authenticity.

In this regard, it should also be noted that the core of that story did not change, by comparing what he said via instant messaging or skype to BENEDETTI - and that, regardless of its media dall'inutilizzabilità, has been reported to investigators from his interlocutor - with the contents of interrogations: RUDI when he spoke with his friend GIACOMO, and can not be regarded as likely that he suspected of being intercepted, he does not agree with him that the reconstruction would be less inconvenient to offer the Police or the Authority court, but merely to tell what he said, had been scanning the facts.
Can not read in terms of suspicious content of the interview, always using Messenger, that he had had with GUEDE GABRIELE MANCINI few days before the public prosecutor stressed that the MANCINI was taken on record November 18, which was Sunday, and only two days before he was informed that RUDI could have something to do with the murder, but the previous Monday or Tuesday - ergo, 12 or 13 - the friend replied "you know" to his question "why escape as usual? "response that can be understood, however, in line with the attitude of those who wish to escape from something which he knew to be entered without guilt, especially being able to imagine that in Italy even though they were trying to print or TV do not know still nothing.
It should also be cleared from the field investigation, some information that, taken separately, would be of much value unless indiziario not have great value to note that, according to the young Lithuanian basketball, RUDI had a predilection for white girls, or that a house Marches had expressed congratulations to the barracks by KNOX, when it was rather strange that not saying anything, because all the boys had made daydream scenes of sex with her or to comment on (maybe someone sognarsela) availability. Rather, and the topic will come back to reason, is indicative to note that there were witnesses to a clear appreciation of defendants against AMANDA, while no one - not even his friends, who would have happened to witness moments of conversation between him and Kercher, as at the game of rugby - has never heard anything on behalf of English.
Still, the fact that TRAMONTANO CHRISTIAN has seen in GUEDE to recognize the young man of color surprises during the theft in the house, leaving the time found that, while not wanting to consider the case - alleged by the defense, and that it is considered permissible, even if undocumented - who was in turn heads "mediated" by television: survey shows that in terms skeptical, with a repeated "I believe, already reported even when the TRAMONTANO RUDI would have seen the" Domus " the evening after the theft, and even less justifiable when he had ease and how to see the picture on all the press and television.

So that might have the confidence GUEDE with knives, because according to the unknown TRAMONTANO brandiva a thief will not admit it can be based on the deposition, in which content is acceptable to assume the impact of suggestive readings of journalistic chronicle : to say the victim, RUDI took the knife after threatened with a chair (and do not understand why a man who knows he has a knife in his pocket to get to collect chairs, power tools intimidatrice behind and came to be uncomfortable handle), but it would conduct a strangely similar to that - not offensive, but the defense - that the accused claimed that they had taken before the alleged murder of Kercher, and of which the press had largely given aware.
Similarly, they have little weight to the events of October 27 in Milan, except to demonstrate that in recent days the GUEDE moved some 'as a list: at the time, while the bulky kitchen knife that was seized was not his, but belonged to the facility where he had found refuge, so that staff know him asylum and if the shooting.
Ultimately, apart from the excessive tests above, as an account at a thickness of defendants charged is added while the only significant verbal summary of information given by FORMICA, which saw between 22:30 and 22:40 (but probably Later, as soon noticed the tow truck, which arrived in Via della Pergola around 23:00) a man of color darsela-legged on the stairs beside the parking lot: the fact that, superimposed to the story of CAPEZZALI, that someone else (do not know if one or more, but is expressed by the term "scappavono) ran towards Via del Bulagaio, is likely to take a snapshot about what happened in the area soon after the murder.
Coming to the story of GUEDE, the comparison between their assessments of the defense and the prosecution has obviously led to the emergence of views antithesis: the PM, the defendants describe an incredible failure to rescue, with an attack of colitis both sudden and unlikely (given the context of that outpouring was conducted between RUDI and the girl) as providential, in the couple of disappearing from the scene of the crime for a time suitable to allow someone else to enter and become a hero in addition, the GUEDE had largely adjusted the content of his statements to the parallel and progressive evolution of the investigation, indicating the presence of KNOX in the house on Via della Pergola not before questioning the March 26, or allowing only one seat that in fact would not have had an appointment with genuine MEREDITH, finally correcting the draft on shoes worn only with the last spontaneous presentation.
Conversely, its sponsors have insisted on the credibility of the story, or according to certain topics of common sense, you want to benchmark the behavior that would take GUEDE (fled after discovering a young girl dying, once tried desperately to help but confusedly ) on the peculiar experience of their patient. Under the first profile, apart from some comments around the fact that the experience or the same film fictions abound of cases of people who fled before a while veiled risk of being accused of the facts of blood, it was noted that a murderer , intending to escape, it would have been without leave around 48 hours or so in anticipation of what we do not know, and that behavior, however, prove the good faith of RUDI, which would put on a patched up attempt to shirk its research found that the prophecy addressed dall'ignoto armed with a knife found guilty sull'aver began to take concrete, since the newspapers had not mentioned any results of the police in the search for the true murderess.
On the other hand, the personal stories of those prevented were certainly, from an early age, to bring it to develop a strong instinct of self: when you link the character given to the fact that, of course, would not have been expected from a normal as the GUEDE a manner respectful of formal rules and convenience (just think that he was not even able to document the employer to have had an influence for a few days, so as to be fired), here on the evening of November 1 the vast majority of people would have called the "113" and awaited the police, but not him.
As for questioning rendered, there was, according to the defenders, no retraction or correction of fire: the accused is not allowed out of time that an appointment with Kercher had not, but it is simply to explain that What could be understood - and what can normally be understood as part of visits between their twenties in a university city - arguing that they remained in agreement with you on being the next night. His sincerity is beyond dispute, as the fact that he had touched the girl's bra was peacefully accepted by booking even when he did not know that on that head of linen was found his DNA, and the only change in version had a cover the alleged encounter with MEREDITH the night of Halloween, which take place in the house of the Spaniards had taken place at the "Domus" In any case, it was a simple confusion in memory, and was able to document through photographs to be was really in the nightclub. Finally, he would not have even pulled out late in the name of KNOX because the interrogation of guarantee to GIP culminating in the apparent availability of RUDI to offer other explanations, and were only the times of the Public Ministry to plan the new statements four months later.
In reality, there is some discrepancy and how, and it is not true that the omission of references to KNOX can be explained in terms put forward by the defense, as it can not be argued that placing the kiss-up to MEREDITH between a room in the middle of two baths in a private home, rather than near the counter of the bar of "Domus," is the result of a trivial confusion.
By analyzing the narratives of the accused, as there is going to explain it, it must inevitably reach the conclusion that he is not credible because his version: 1) is not inherently reliable, 2) finds radical denials on both aspects, that even on very minor points and contour.
To consider the GUEDE not trusted, in fact, do not apply some of the considerations made by the Prosecutor: it is true that a sudden need to go full-bodied male married to a guy who is simultaneously kissing and rubbing (for the first time) from where a girl feels attracted, but the occurrence is not absurd if the former, and not even much that argued that a simple kebab can determine those effects, and argued with the representative of so much of the recall ingredients. Apart from the relief that now, in common terminology, there is every kebab cibaria be served in a somewhat ' "ethnic", which looks (maybe taroccato) other than an exercise in food or pizza cut, to have disturbances that might also have an iced drink, and whatever filth there was or was not in kebab, RUDI stated that he first gulp a "Fanta", along with the sandwich, and then attacked "a thud" on bottles of water and of fruit juice, taken from the refrigerator of the house of MEREDITH.
There may also be, therefore, that during the outpouring he felt unwell in the stomach: there are some 'less, however, that the kiss and touch you stopped to bang the discovery of the two not to have condoms. As discussed shortly, that - as described by booking - was an appointment, and did not get a great honor to discuss different or more informal traditions generation: a meeting in which he had managed the situation 24 hours before to tell you what the liked, giving it a kiss and feel to the availability to review the evening after eight and a half. This was then imagine him, or at least hope, that you truly own, munendosi of what could serve the needs: it can be argued, it is true that he was a boy RUDI un po 'sui generis, ready to improvise without serate both stand to think about (for that day, it seems that he plans to go and still CARLOS THOMAS at nine, and he was still in agreement to see whether ALEX PHILIP and who knows what time), which had not done much reliance on its prospects for seduction and, had not a penny, and the purchase of a pack of condoms could not be high on the agenda.
However, according to the story of GUEDE MEREDITH was talking about birth control, not him, and he should therefore draw the conclusion that the girl, if it was felt by booking say that the condoms had them, would be willing to grant: ergo, it must be assumed that the young Englishman was particularly taken by him. The negative response of RUDI, however, is unexpectedly dropped the curtain.
MEREDITH would shut down without any willingness to continue the same practices petting (taking into account that the two were pushed enough, as described by biased), nor the assumption of going to look between the bags AMANDA, where he knew or could expect to find a kind of compendium of articles of this kind, essendosene - apparently - pleaded with his compatriots. Even here one could argue that perhaps is not the kind of merchandise that a girl is put quietly to steal from a bag, but it must be remembered that just a few minutes before the Kercher was made at the sacramentare KNOX, thinking that he had stolen the money, then this would be to bring them cake pan, without even the pretense of balancing the accounts.
But this is still nothing.
Taking a step back, and coming to the evening before, the GUEDE said nell'interrogatorio before the GIP he had exchanged words - and a kiss - MEREDITH with kids in the house of origin Iberian behind the "Peacock", describing the location of the rooms (a bathroom here, one here, one room ") to indicate the place where they kissed , added later that it had made in agreement with Kercher to see the next day at eight and a half at home for her, confirming the assumption on the specific question PM he added that the next night left the house in advance at agreed. As a continuation of that interrogation, as evidenced by the transcript, claimed to have visited the "Domus" in the hope of revising MEREDITH, thinking that we would go too, but not the vide ( ".. we left to the two the house to head towards the 'Domus' After that I lost sight of).
On 26 March 2008, however, explained to RUDI p.m. the photographs and when the group invited to the house of the Spanish moved almost en bloc to the "Domus," but it was in the nightclub that met Kercher, and not before, offering a seat in the description of the places, he said "c 'is the bar for drinks and then there is a room, there is an arc and a room. I am going there, is there that I met MEREDITH. On the context of the meeting, and the content of the interview, stated: "I went to talk to MEREDITH .. speaking however I gave a kiss .. After that I expressed what I liked and I said if the next day, in all the confusion, however, if we would have seen the next day and she said yes we would have seen (..), the evening to eight and a half so ".
While not having to investigate the issue, basically irrelevant, if the two had agreed to an hour or less accurate (that it has confirmed the names of 20:30 in both reports, however, leaves the impression that the second GUEDE an appointment l ' had), come to my attention the blatant dystonia of the two versions.
A context of room between two bathrooms, in an apartment, is radically different from that of a bar for drinks and a bow, in a pub; all want to give, then you can make mistakes in place in one rather than in 'otherwise the last time that we have come across a friend, never the first time that there was an exchange of a kiss with a girl in which you try attraction. It noted, however, that the accused is to describe in terms of its strong emotional feelings of the time, because, while intending that kiss as a gesture rather superficial, the GUEDE touches in his first rehabilitation in GIP that he failed to see again MEREDITH the "Domus" despite nourish the inner expectation that you are added to the group moved into the house of the Spanish: expectation that disappears by magic in the second version offered to the Prosecutor of the Republic March 26 . As you may remember RUDI December 7 that he had confided in fact Kercher to review the "Domus", after a kiss at the home of Carlos and Thomas, and then sought to have it in that space, without success, when in fact he had encountered only at the "Domus" and not before? And, conversely, how can not believe that the correction of the route - although he at the "Domus" was really gone, according to some witnesses in addition to the photographs produced - depending on the fact that they realized impossible to sustain the presence of the Spanish MEREDITH, denied in the root of all the girls who had spent the evening with her?
Already at this point, it seems clear that for GUEDE believe we should take a superhuman act of faith, but other data yet, in fact and logical reasons, contribute to making that act of faith, as this court has warned the duty technician moral and disposed of to make absolutely impercorribile.
Returning to the evening of 1, once RUDI went in the bathroom, would put the i-pod and, with loud music in the headphones, you would be entertained for a few minutes to make their own needs. Apparently he had a habit of behaving this way, we can accept even if that car-pod have lost track, having prevented the attachment that it was obliged to sell it during the brief absconding in fact: there you can avoid, however, noted that those headsets and deafening music (perfect for making plausible the rest of the story and justify the isolation in which the accused was found while someone else killed the girl) were not part of the costume GUEDE further ground in the time that witnesses had to go to his body, ie during the night by children Marche.

Incidentally, that was about time we noticed a particular applicant, or the fact that the couple had not pulled the discharge, but no one saw the ear "ball", which is impossible to be reconciled with the fact that he fell asleep sitting on water.
Before even isolate, in any case, RUDI heard someone playing at the door: nell'interrogatorio guarantee did not say anything to bring the voice he heard that the KNOX, but in the version of events exposed to PM He expressed the belief that he recognized the voice the American.
At this point, the act of faith above announcement should overcome yet another obstacle to justify why AMANDA had played the bells, because in that house we had lived and clear keys.
The alternatives, in addition to taking the high road which leads to the belief that the GUEDE not tell the truth, are quite twisty: you should imagine that the KNOX had forgotten the keys somewhere, or thought - why was carrying something heavy and unwieldy ? - Not being able to use, or that he had found in all the locks the keys MEREDITH, which had prevented it from opening.
Possibility, even the latter, to say the least remotely: It is true that in that lock the latch was defective and should always give the flow, but precisely because of that need, and the fact that all the girls were aware, each would have had to use caution not to leave the keys entered. Perhaps the Kercher had done that night, knowing that any of the others would be back that night, and thus to ensure greater security than unwelcome intrusion? And what could be sure that someone does not change the program, admitted that they had announced their intentions, or had not, however, need to go home early in the morning the next day? Moreover, she had just entered the GUEDE, which - in the reasonable expectation of the time he opened and closed the door behind him - could not appear as one that would surely have spent the night with her, and then, at least to him, was to reopen.
Ultimately, the question "Why KNOX should have played, since he had the keys?" Is inevitably destined to remain without a plausible answer.
Another, even more important question, however, is a direct result of the relief - and empirically clear - that the name of KNOX comes out only in the mind, according to interrogation (better to say, the third, if it has also made a Koblenz) .

On 7 December 2007, before the GIP, he said they went to the bathroom after the approach taken by MEREDITH, and added: "I heard the door ring the bell, however, and after I put the volume up and I did the my needs ", without any reference to AMANDA, describing the moment when you looked at the window of the room to look out ROMANELLI, after escaping the unknown armed with a knife, said," there was a room, I entered into that room because the window was visible, and you saw the courtyard and the street, I have not seen anybody, "and then to reiterate that they have not seen, let alone anyone recognized.
It can not be said, therefore, that on 26 March 2008 statements sull'aver recognized the voice at the door and AMANDA sull'averne view the figure at the gate were a kind of completion of the story before, maybe because it was which there was not time to ask and that would have clarified GUEDE even if the second interrogation had put on 8 December was a rather radical change of direction, which should be taken into account in order to comprehensively assess the 'reliability of the accused. The question implicitly announced a few lines ago, is: If the truth is, that is to say if the door and the gate was really AMANDA RUDI and the recognized, why not just said?
To respond to the comments of the defense as to the natural instinct of self that characterize the actions of GUEDE, and that would justify his decision to escape from the house on Via della Pergola call without help, must be observed here that you are talking directly quell'istinto , of which the accused has shown the theatrical do not know how to use the occasion the more important it has happened. Pandette or not the rules of convenience, but the instinct, elementary logic, the same attitude RUDI when they fled, knowing that the murderess had escaped him before leaving him in that bloody room, they should make them understand that the first thing to do, having to explain his presence in those places and convince those who listened that it did not kill anyone, was to say: "Yes, I was and I do not want to deny it, but also saw someone else." It was un'allegazione critical to a person in his position, coessenziale the need to defend itself (repeats in the sense of instinct for self-defense, rather than technical procedural) of less importance than to highlight the reasons lawful be in his home with the victim, instead, nothing.
A silence even more inexplicable, if one thinks that - given the difficulties intuitable that the accused was, like everyone else, to describe or provide evidence on unknown people, where before we had found a perfect strangers - he had lucky enough to see and recognize a girl not only knew the name and surname, but he knew otherwise have been accused of that crime, and was already in jail for that reason.

The GUEDE had not, therefore, not even the natural obstacle warning that a witness in cases of uncertainty, knowing you put someone in trouble that the yield of the accounts may be unrelated to the facts: on one hand, there was little room to imagine that he had wrong person, as the known and it was - in full measure - just the girl to which the victim was made to launch a few minutes before the abuse, and second, did not even feel the burden of responsibility of having involved in surveys, because there was already up into the neck and wrists in handcuffs, with names and photos appeared in newspapers around the world and widely accessible via the internet, means by which RUDI had high confidence.
The profiles of non-credibility inherent in the version of GUEDE have not yet finished, because it goes further in mind include: According to the reconstruction offered by him, it is clear that the attackers acted MEREDITH RUDI not knowing who was at home, maybe the outcome a quarrel degenerated immediately, they would then faced with surprise to a boy of color came from the bathroom, with the consequent need to address it or run away. It should be first considered that - excluding the entry of thieves or of persons to whom the victim would not have spontaneously opened the door, given that the accused recalls the sound of the bell and would point out that when he went away there were no broken glass or signs of tampering - a very difficult debate between sudden people you know, one of whom is a girl, have a way in just ten minutes to be born and grow up to take a turn would lead to use knives, and it is more likely to result in a coup in isolation, oppression, or for defense, rather than conduct detrimental long as that of the doctors have given legal aware. Thus, even under the test, the act of faith above mentioned features of membership should dogmatica: To believe it should take for GUEDE admitted that, as if by chance, the Kercher not found anything better than an abrupt switch from a moment of tenderness and passion with him to a violent quarrel with someone else, arrived at that place exactly on the point where you RUDI defiladed in the bathroom.
In addition, and above all, what could be a surprise for the murderers, namely its presence in the house, it was certainly not for the other party in contention: MEREDITH, unlike those who attacked, was well aware that in Toilet was a person that she had allowed to enter and ritirarvisi, therefore, faced with someone who had begun to raise their voices, passing a string to his arms and ended up brandish a knife and throw into the ground, because it would not could warn suffered at home, saying that there were those who could help?

And why, in particular, could not immediately get a strong cry, invoking the name of that RUDI accorresse to his aid, rather than simply a chatter among women in some items' altered, such as that which the defendant claims to have perceived without even had a tone of concern?
The same medical and legal information to lay a more than plausible progression of violence, which they certainly tried to react, and then - if it is reasonable to think that a woman residing at 70 meters away could hear only the last and most desperate scream of the girl - is very difficult to allow the headphones to the ears of GUEDE, to 4-5 meters from there, the other prevented to hear cries or noises before.
The prevented, however, has not heard anything to that cry, which made him leave the bathroom without thinking of ricomporsi or to pull the water, and would have found that an unknown person gave away, standing on the threshold of the room Kercher or just inside. Apart from the inverosimiglianza a colluttazione prolonged, with a man armed with a knife who decides to run away when his contender arrabatta you with a chair or a stendino, it is not clear what would have been to make that guy on the door of the room: ol 'aggression was still in place, and then the murderess had to be lowered on its victim, or was it all over, and that young man with the shirt of the "Napapjiri" should have been intent to move away and not stay up front there impettito to be a shoulder tap from GUEDE who tried to understand what happened.
The behavior of the alleged aggressor, and in particular the sentence that he would face at one does not know who (of AMANDA, you should assume, remained in the house into the lane but reappeared in the context of the flight), is a turn unreasonable: that the imbalance of power between the knife and the chair, and then a strange thing that people miss is held on the first than the second, say something like "negro found, here is the culprit" has no meaning. The only person who could discern a meaning in that sentence was, as if by chance, the same RUDI, because it served to justify his attitude reluctant to call rescuers and the subsequent lifting of tents: In his story, which then must deemed to be of convenience, that sentence there is a brush, because - even in a 'pathetic - can claim to describe and explain his state of mind and his behavior after the fact, but from the perspective of those who spoke baggianata was incomprehensible.
In addition, those who had decided to escape, after having made the unforeseen presence of someone in the house where he had just committed a murder, could instinctively tell the party to be careful, because he had found a person, perhaps even specifying the color of the skin not knowing where otherwise indicated, but it is one thing to say "there's a nigger, run!", is quite another to start planning future strategies ( "there's a nigger, we are guilty").
"Guilty" is not even a word of slang common imagined if those uses has just been caught with a knife in his hand, and can legitimately think that the person before him, black, yellow or turquoise that is, grab a phone and call the Police: anyone taken into foul with those procedures, would have instinctively thought to RUDI as a nuisance and heavy baton charge, never as someone on which to easily download the burden of their responsibilities.
That, in effect, would have been the normal and predictable: stay, and help to call immediately to tell police what had happened. Behavior that, by collecting the provocation, was also adopted by Dr. Richard Kimble fiction film in which the defense wanted to see: that the character became "The fugitive" after it was accused and convicted, but the fact nell'immediatezza - returning home and finding the corpse of his wife - had asked for help and called the police. RUDI, against what it claims happened, he did not, but whether, assuming that it has told the truth, his escape would still be understandable because he knew he must also give an account of possible traces of a sexual contact occurred shortly before certainly would not be understood or predictable, in the eyes of the alleged murderess.
Sold as the credibility of the former if not the reconstruction offered by prevented, can now analyze the second of the issues highlighted above, namely the existence of a large number of players who made the show.
On the basis of the many witness statements, it should be noted that the GUEDE told the truth, pointing out that he was at the "Domus" the night of 31: not by the photos if not on a deductive (he is in the company of some boys in the first photos, taken in the house of the Spanish, and some of those boys also appear in images of the interior of the restaurant, even if it is not traced back to the days of the exact number of occasions), but the Espinilla said that he had seen in the pub, thereby overcoming the bad memories of SALIM ZAFER and nonsense of BARROW.
None, however, remember to have seen him talk to the Kercher, nor the "Domus" or elsewhere, and none of the friends of the girl reported to have never heard mention RUDI as friend, acquaintance, or attending an occasional evening, as none Friends of GUEDE recalls confidences or appreciation on behalf of MEREDITH (while it did, albeit along with others, AMANDA). This is an incontrovertible, that must be taken into proper consideration can not be regarded in itself impossible for October 31 the accused had the opportunity to attack the girl with speech, which - as related SILENZI - was not certainly bound to him by a promise of marriage, simply, no one noticed, but no one was aware of Kercher later, though Halloween was not finished there, and while there was an entire afternoon, from 16: 00 to 21:00, at the disposal of the four British friends to comment on the previous evening.
The defenders have understood that represent MEREDITH was probably not as reserved and selective in visits, as someone wanted to describe, and it is likely that they are right: but if it intended to live in fullness and joy of its 20 years, it is natural to assume that you normal boys were known, and it was also normal to make the word with friends with whom he had confidence.
Apart from the previous days, where RUDI could perhaps be limited to a greeting more or less returned, on the evening of 31 at the "Domus" he intrattenne (he said) with MEREDITH for a few good minutes, not the time to be taking an impromptu photo: no one noticed that may be accepted because of the crowd and the fact that perhaps the specially GUEDE advantage of a time when other British or were dancing in the bathroom (but, as if, in spite of the confusion was noted RUDI dall'amica Spanish only in the company of a blonde girl), far less likely is that Kercher could have reasons for reluctance to do with word AMY, ROBYN or SOPHIE. The four friends were out for fun, and - of course - any knowledge interesting were the men's expectations and the outlet of physiological events of that type, yet to be heard and to have attracted FINANCO kissed a boy would not lead to any MEREDITH comment, despite the time spent on the day regarded in photographs released on the web.
Mind you, after all, that nothing in Kercher imagine that you would not be judged by others because, with girlfriend GIACOMO, had made came from the first kiss, or even less because they wanted to say that interested in a boy color. The link with the SILENZI had lived with a relative, and if both said to be good in that story is also common ground that neither he felt obliged to absolute fidelity, or even prevented in addressing the word to others, and the ROMANELLI the MEZZETTI said, in one of the last minutes of information made simultaneously, which would MEREDITH expressed in terms of everything negative about the possibility of betraying a boyfriend or a companion, which had never done, but it was a declaration of ' intentions, especially considering that GIACOMO (as the Bidwell) had happened to express some reservations. As for the fact that RUDI be of African origin, simply noting that the same mother MEREDITH skin is not white, to clear up any suspicion malicious.
On the other hand, if he could not pretend that the Kercher will open with her friends over, you can not take for example, confidence that the HAYWARD not she had been informed of an occasional use of cannabis, as he noted the defense: that is certainly not something that is said to everyone, unlike the possible sympathy for a guy known to a party.

The kiss-up would be RUDI remained a state secret, despite Butterworth, the PURTON and FROST (the latter, according to his deposition and those of others on the night of Halloween, it always remained in the company of the MEREDITH " Merlin "and" Domus ", apart from a break of several minutes but only in the first place) they had come the day after a spettegolare with you on the feast. Similarly, the PURTON would have greeted her friend at 21:00 with almost yawns from both sides, having both the firm conviction to go to bed early as possible, in spite of the fact that he saw MEREDITH already half an hour late on the alleged time of the meeting suggested with the accused.
Even more important is that the refutation GUEDE found by his friends and ALEX PHILIP, as stated in the measure de libertate involving the co-defendants: the RAW claimed to have seen him for a few days and then receive a visit home November 2, coinciding news of the murder (without notice if it were wounded in the hands), while the MALY - who like the particular ALEX confirmation of the presence of Kercher the "Shamrock" for averglielo that some American friends after the murder, but denied that there had spoken RUDI - recalls that he saw the accused last four or five days before Halloween. Version, the latter, that does not conflict with other findings of inquiry: the defense argued that October 27 was certainly the accused in Milan, wanting to show that the Austrian may be wrong, but five days before October 31 means to reach the 26th
Therefore, on the evening of 1 did not saw neither one nor the other, with the pace set by GUEDE details about their meetings, for example in order to wait that ALEX quit the bathroom or to the fact that Philip was RUDI been informed that was seen with a girl. As already noted, it is not reasonable to charge two friends of the suspects prevented reluctance, for trying to remove any potential charges of aiding, having attended a person who was known to be escaped in Germany or who knows where, if so, would ALEX RAW easy game to deny having seen the 2, however, when the murder was already, and would cost nothing to admit that he had seen the afternoon of the day before, a crime not yet consummated.
Last but not least, which rejects the argument aliunde is obtained from the accused several times of Mrs. CAPEZZALI deposition,
which is not heard nothing more after the cry, and the simultaneous flight of several people in the space of a minute: the woman then heard the footsteps of someone on the gravel once, and all together (even if it subsequently directed to different directions) denies GUEDE who claims to have left after an appreciable time from the scene of the young man armed with a knife, a time he spent doing back and forth from the bathroom with towels.

It 'true that the witness did not say explicitly that it was listening, but nevertheless stated that it had not taken sleep immediately, following the noise that had disturbed, and some would even have to perceive with our senses on the alert for that is why, given that the alleged concitata and stay in the house of RUDI finished within a few minutes, and that he assumed that it moved with some haste, frightened by a noise that was intended to come from the plan under. So it must be assumed that he had done so without paying much attention to where to put their feet.
The endpoint of the path argument, so the analysis of the interrogation of GUEDE, it is only one: the accused can not believe, and can not achieve even those who would do so.
He did not even thick concrete observation of his defenders, while welcome in the attempt to offer a key to consistent given to their client, that the knowledge demonstrated by RUDI in order to the state of health of the mother of the victim can be explained only by to admit that he received the confidences of MEREDITH: the story that the murder was an emphasis on media, all over the world, to be become a fact well-known aspects of contour, as the illness of Ms Kercher. Since the very beginning, it was certainly apparent that the particular had been found his phone, which her friends say she does not separate because never worried for the health of the mother, and these are things that journalists do not ever escape: and it is now well-known fact, especially for people aduse to surf the internet, as the accused, who spoke in those days even of that theme (a simple search shows that already November 4 aunt MEREDITH released statements of concern the need for a kidney transplant for his sister).
After all, one of the few things that have been confirmed, with regard to GUEDE, does not refer to his invocations of familiarity with the victim or to the movement before and after delictum which aimed to describe, but to a fact that he wanted to exclude it as his characteristic of behavior: RUDI not poured water on a house MEREDITH, and not even had the apartment below a few days earlier, as testified by the security Bonassi. Therefore, although he wanted to give a justification to forget, the night of the murder, with the urgent need to leave the bathroom to see what had happened, did not hold the denial of that particular evening spent in the company and the Marches the two girls: his was a sort of habit, and if the first time that happened was not so flush tirasse as dazed dall'ubriachezza, is likely to consider that on the evening of 1 November was the same conditions.
It appears that conditions were not unusual for him since - not even willing to consider the BARROW, who threw the only in the first version and that can deemed unreliable enough - many people close to him recall that he drank a little 'too much or to have seen him drunk, more or less often.
In a peculiar process like this, however, is the story of RUDI to assume central importance, and not to allow the adoption of any half-measure: dell'incontestabilità said his presence at home, and the fact that he had a contact sex with the victim, the only alternative is that it is totally unrelated to the facts (where it has told the truth) or who has committed the murder (if he lied). There is no possibility, logical and practical to assume that that has prevented even a part of truth, because he was there and knows how things went, but had no role in the dynamics of events that led to the death of Kercher: This would mean that today he remains firm on its untenable positions to cover someone. But, in contrast, was at the beginning that he chose not to involve others, finding no explanation otherwise the memory of his late KNOX presence, and apparently changed attitude when it was realized that someone else wanting to let go from just in front of his fate.
So if the GUEDE committed murder, and it is not true that he did MEREDITH into the house because of tenderness or ammiccamenti the night before, sexual contact was not mentioned above relate to a moment of intimacy prior to ' murderous action, but it was the opposite to that context, solving even the obvious purpose of those who said the course (for the reasons already given in the above mentioned measures under Art. cpp 299), and we need at this point to reiterate again that the elements instructors gathered lay not assumed responsibility for monosoggettiva, but indicate - as has already been warned on the occasion just mentioned, without having to repeat arguments thoroughly eviscerated - that the criminal conduct was put in place in the competition among multiple authors.
E 'equally reasonable to assume that after the execution of murder, spent a period of time before the activities of alteration of the scene of the crime, and - yes here - it is not possible to give evidence that this second phase more people participated, or that it was them who were present at the time of aggression to Kercher.
Someone back home, taking care to baste pantomime illegal entry of burglars and other thieves, who has also been said, and is once again the call to order sufficient supervision, in that same context, the authors of mystification intervened in the bedroom of the victim, and maybe took off the bra from the body of MEREDITH, if not already had done shortly after the girl had fallen to the ground.
The topic is of indirect interest, treating here the position of an accused who is not required to answer simulation of a crime, but must be addressed because - contrary to the view endorsed by the defense of GUEDE - that someone came back and he made to believe that in that room there was a rape, aiming to falsely accuse the defendant and its not even accept the idea of suggesting a robbery resulted in an uncontrolled lethal epilogue.
Starting alteration, and thus taking a backward, it is undisputed that the bra was worn at the time of the blows received, otherwise it would have the same point spots of blood found on the girl's breast, it is equally clear that the victim was taken away when he was past time, we do not know what quantifiable terms, but still sufficient for the production, on the back of MEREDITH, palesati signs in the photographs nos. 268 and 770, at the shoulder. However, and with equal undeniably those spots had a point to occur just because the bra was the only garment that the girl was on chest, otherwise have drawn sweatshirt or a mesh, which were rolled up to below his neck. At the same time, it was simulated that someone had been introduced in the house through the window of the room ROMANELLI (likely to steal, but not kept even a laptop on the desk, or jewels are easily accessible in a drawer) and made a more or less rudimentary cleaning activities, far enough to disappear from the whole house, except on a glass in the drainer, the imprints of a girl who went there days and nights.
It follows that there was a change, certainly someone with an interest in returning to the place (which was determined to leave in a hurry) to baste artificial scenarios and to eliminate any traces compromising, but not worth to produce results that would impose , alone, the conclusion that there was sexual violence, that conclusion was derived from the context, since it was established that the girl was seminuda when it was attacked. In addition, recovering some of the considerations back page, there is no reason why the unknown simulators, wanting to converge their suspicions about the boy who had found their way as a guilty party to offer a mo 'sacrificial lamb, should have been efforts to set up a fiction of sexual violence: what we know, them, that if RUDI n'era went to the bathroom in preda colitis having had an intimate relationship with Meredith, and therefore from a vaginal swab or other investigations would have revealed the evidence of a petting or something like that between the unfortunate and the student killed, so as to render necessary support the thesis that it had been sexual contact is not allowed? Why should not settle for believing in a robbery progressed evil, given that their primary concern was still directing the investigations into subjects unrelated to the house?
The activity of so-called screening, held at a later time, was not geared to post good fit for the GUEDE. It 'still likely believe that the GUEDE not taken part, according to Our blame: after all, if he had had the opportunity and reason to go back to that house, was concerned with a minimum of care to eliminate water from the faeces , which constituted a kind of signature of his presence. It may not seem strange that there is someone back only in the circumstances concitate - Contextual perceived to cry by CAPEZZALI, that everyone here will be realized potential factor or curious arrival of police - which resulted in the 'expulsion of the attackers: as has often been pointed out, the witness heard the sound of footsteps on the path of travel, then along the scale of metal and in the other direction, in the space of two seconds, one minute from URL that was hair done, a very short time, which certainly could not allow the execution of the full staging in the room of ROMANELLI, plausible or cleaning activities.
It follows that the decision to return the home was taken when those who had escaped had already separated from the other fugitives, because it was led into one of those directions, while others were left in the second and, in the second direction if there had been RUDI own, others had not even delivered his cellphone to alert the idea of going back, who admitted that he had decided to involve interest.
Further consequence-deductive logic, however, is impossible to put in a rather than another of those moments subtraction of mobile phones and money of the victim: the eventuality that this happened when all escaped after the cry (and RUDI was part of the group) has the same value as the one that wants the stolen goods stolen in the same context, cleaning, breaking the window and the handling of corpses. Specifically, indeed, the last argument reveals more likely, since the time of the initial leak was necessarily characterized by precipitation, and conduct so thoughtful as to take the phones are not for profit but to make them disappear poorly with the rush: the findings that require procedural reaching believe the GUEDE guilty of complicity in murder aggravated by sexual violence can not therefore be regarded as sufficient to declare the criminal responsibility in relation to the crime against property, he questioned.
Neither can be crucial to that end, the circumstances of the discovery of the mixture of DNA prevented, along with that of the victim, the stock of costei: According to the testimonies gathered, it appears that MEREDITH had the custom of taking at least one of the phones in a pocket pants or wearing, and is not written anywhere that the 300,00 euros they were allegedly diverted to turn in that bag.

The friends of the girl, the recall used in turn to leave with a much lower amount of cash, and she had no reason to go out with a sum of its kind in the result, can keep in the house with greater care. Without neglecting a very significant, suggested by the questions posed by the CTP Dr Dr STEFANONI BARBARO: Unlike the findings for the fleece, where it was identified the haplotype Y defendants but not a mixture of DNA in the form of the nuclear genetic profile, the stock market there are both, and if A PCR can not play two coexisting when DNA is in a much lower amount to another, thus amplified only the most abundant, it means that on that finding, there was a lot of biological material, also referring to GUEDE.
The location of the track, more or less in the middle of the hinge, then, believe that the most likely taken vigorous purse was used to lift and move (to that, there is no need to prove it), like it was tightening the closure in the middle flash rather than grasp the handles, not to open it to rummage inside or inside the bag were found more traces or stains of blood.
Returning to the main objections, even to affirm the responsibility of GUEDE by way of competition - and of course apart from those who will be the findings of the hearing to be paid by the co-defendants - are the considerations in the supervision order. When admitting the testimony of KOKOMANI, it was clear that only he had stated that a certain evening (but then so was not certain) that the three players were in the company, and that therefore his testimony was the only one to support a prior knowledge among all the protagonists of the process, much to be indispensable even if no one had asked the witness had already recalled the outcome, and does not deserve further comments, if not confirmation of "farneticazioni" already taken to define the contribution of KOKOMANI, but this does not mean that the dispute art. 110 cp remains devoid of the necessary supporting evidence.
The source of direct evidence there is, or if you prefer, but there was not, however, uncertain whether (the meeting of GUEDE with the other two defendants) did not need a thorough and timely investigation into an mode, time or opportunity, especially if certain facts are that the fis
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