American Girl, Italian Nightmare

A 48 Hours Investigation Raises Questions About The Case Against A U.S. College Student On Trial For Murder In Italy

(CBS) 

The night before the murder, Oct. 31, 2007, it was Halloween in Perugia, Italy. Meredith Kercher dressed as a vampire and went to Merlin's, a local bar.

Nathan Abraham worked there, and it was where he met Meredith.

"She was always the life of the party. Any time she smiled you just felt happy," he says. "She was your regular college student girl. She liked to hang out with her friends. She danced. She went out to movies."

So 36 hours later, when Meredith's nearly-naked body was discovered with her throat slashed, Abraham - and everyone in town - was shocked and more than a little frightened.

"The center was a ghost town," Abraham explains. "Nobody would go out. People were kind of scared… 'cause you didn't know who the murderer was."

When police arrested Amanda Knox, Raffaele Sollecito and Amanda's boss, Patrick Lumumba, everyone was stunned.

"The police were suggesting that there had been some sort of sexual activity in the house," says British journalist Nick Pisa.

Italian prosecutor Giuliano Mignini had a theory: the day after Halloween, Meredith Kercher was murdered at the end of a drug-induced satanic orgy gone very, very wrong. In fact, at one point, investigators thought a bloody handprint on a wall at the crime scene was some sort of satanic symbol.

"Amanda and Raffaele were intrigued by sex and violence. They sort of hung themselves out to dry a little bit by their blogs, by their Web sites," says Pisa.

On her MySpace page, Amanda called herself "Foxy Knoxy" and bragged about having multiple sex partners. A picture of her on the site taken at a military museum became ammunition against her. On Raffaele’s page, he expressed a fascination with serial killers.

"I know the police have been looking at these Web sites and taking apart everything that these two have said," Pisa says. "To a certain degree, they haven’t done themselves any favors by putting this stuff on the Web for all to see."

But there was nothing incriminating in Patrick Lumumba's life. Abraham describes Lumumba as "[a] very gentle and nice guy. To me, he's the most famous guy in Perugia and everybody loves him."

So when Amanda named Lumumba as the killer during her interrogation, nobody other than the police could believe it.

"He has a beautiful wife, and a beautiful baby," says Abraham. And, it turned out, Lumumba had an airtight alibi.

"I am in my bar, I was in the bar," he tells Peter Van Sant. "When I close the bar I make it home."

With no physical evidence linking him to the crime scene, police had no choice but to release Lumumba. Amanda and Raffaele stayed in jail.

Police were still convinced three people had killed Meredith.

Pisa says police found a fingerprint, but it didn't match with Raffaele, with Amanda or with Lamumba; however, it did match 22-year-old Rudy Guede, a local thief known to carry a knife.

"People knew who Rudy was," says Abraham. "We found out he tried to rob one of our bartenders, where he went into his house, had a little scuffle with a knife. He was one of those people you kinda - you knew him, but you stayed a little far away from him."

On Nov. 2, the day after the murder, Guede fled, taking a train north. Two weeks later, police tracked him down in Germany. He was arrested and returned to Italy.

Guede's story was pretty incredible. He told police that on the night of the murder, Meredith invited him to her house and they had sex, but he didn’t kill her.

"His story does seem rather fanciful, that he was in the bathroom, that he came out and he found Meredith had been stabbed, and that some guy was running out of the room," Pisa says.

But Guede told police he couldn't identify the killer. Nor did he say anything about Amanda or Raffaele being at the house that night.

"I think they have five instances where he specifically was asked about Amanda. And he said, 'Yea, I know who she is. She was not there.' He repeatedly said she was not there," says Amanda's mother, Edda Mellas.

But after repeated interrogations, Guede all of a sudden changed his story, pointing the finger at Amanda and Raffaele, saying the two of them killed Meredith in a dispute over money. Prosecutors still charged him with murder. Their theory: all three were involved.

Guede would go on trial first.

"The trial sparked a great deal of interest both in Italy, the U.K., and the United States, as you can imagine," Pisa tells Van Sant.

The first trial, with a judge, but no jury, lasted several weeks. Raffaele and Amanda were there every day. Near the end, there was a surprise. Amanda asked to address the court:

"I want to stress the fact that I am innocent. Meredith was my friend and I could never have hurt her. I’m not the person that the prosecutor says I am."

"Once Amanda had finished her statement to the court, Prosecutor Mignini simply stood up and said, 'We are seeing crocodile tears.' He then went on to speak for nearly 5 hours and painted a very graphic description of what he says happened that night," Pisa explains.

An Italian magazine published drawings based on Mignini's story that a drug-fueled sex party turned into a bizarre satanic murder.

"The prosecutor said Raffaele and Rudy were holding Meredith down and then Amanda plunged a knife into her throat. And was the hand that led to the murder," Pisa explains.

In spite of the prosecutor's theory, Amanda and her family were still hoping that the judge would believe her, rule that Guede had acted alone and set Amanda and Raffaele free.

"I'm hoping that this particular judge will be able to really see the lack of evidence and she’ll be released," says Amanda's father, Curt Knox.

Rudy Guede was found guilty and sentenced to 30 years. Then, the judge crushed the hopes of Amanda and her family. She and Raffaele would not be released and their trial would come next.

Amanda's mother is "terrified" by the judge's decision. "We've had to put our trust into this system," Edda Mellas tells Van Sant. "And so far, it doesn't seem to be working. I mean, we have to keep - continue to hope that something's gonna change. And it's going to work and she's going to be released. But it's scary.

[Fabby09]

I agree with Miss-Manero. I am also very shocked by the biased by the CBS report on this case. I followed the case form the beginning and I have no doubt that Amanda Knox is guilty. Shame on CBS.
I do not know if I can trust 48 hours after this report. Rest in peace Meredith!

[Fabby09]

I completely agree with Serene2105! I am from another European country and the facts are not like they are told in the US. In my opinion she is guilty. I am very sorry for the young British girl who was killed. God bless her family!

[jmfverona]

i am a recent follower of 48 hours mysteries and i can honestly say that i found them fascinating until i watched the amanda knox case. i live in italy and haven't really followed this case closely but i do know that amanda and her boyfriend behaved in a very stranage way after poor meridith's death and i think this is what has lead most people to believe she had something to do with it. she certainly didn't behave as if she was grieving or even shocked about her "friend's" death.

i have no idea if she is guilty or not but i think CBS's presentation was definitely one sided and therefore disappointing. maybe CBS should stick to reporting cases where the outcome has already been decided.

Just as an aside - the person being prosecuted has no legal obligation to tell the truth in italy.

[jmfverona]

i am a recent follower of 48 hours mysteries and i can honestly say that i found them fascinating until i watched the amanda knox case. i live in italy and haven't really followed this case closely but i do know that amanda and her boyfriend behaved in a very stranage way after poor meridith's death and i think this is what has lead most people to believe she had something to do with it. she certainly didn't behave as if she was grieving or even shocked about her "friend's" death.

i have no idea if she is guilty or not but i think CBS's presentation was definitely one sided and therefore disappointing. maybe CBS should stick to reporting cases where the outcome has already been decided.

Just as an aside - the person being prosecuted has no legal obligation to tell the truth in italy.

[Andy92110]

I saw the 48hrs. episode where Doug Preston was talking about his interrogation by Mignini. Prestons experience alone should be enough to convince anyone that at the very least, Knox will not get a fair trial.Prestons experience and comments make it pretty clear as to why Amandas testimony would change. Read Prestons words above and consider going through this type of interrogation as a nineteen year old girl, in a foreign country.

Those who are so sure of Amanda's guilt seem to be way too eager for a convivtion. It seems as though some in this country have not evolved beyond the Salem Witch Hunting mentality. I'm sure if Nancy Grace lived a former life in Puritan times, she would have been at the front of the mob, advocating for burning at the stake. I would advocate a more reasoned response.

[cordwainer60]

Because Knox and Sollecito are not on a fast-track trial, the Italian justice system requires the prosecutor's evidence be reviewed by multiple judges. In this case six (yes, that's 6) separate judges have reviewed everything. If even one had questioned whether it was sufficient to bring the defendants to trial, the prosecution would have been required to answer any objections satisfactorily to continue.

None of the judges expressed any doubt it was appropriate to try Knox and Sollecito for the crime. A detailed summary of the actions of the Italian courts to date can be found elsewhere. The process is more thorough than the US's for a similar trial. Despite this, US media and readers seem to think the defendants have been "languishing" in jail for a year while the court does nothing.

The judges also agreed the defendants should remain in jail during the proceedings because of the particularly sadistic nature of the crime, because of their multiple lies, and because the evidence points to them having at least been present during the attack, indicating a risk they might be involved in another violent crime.

Prosecutors in Italy do not have the role in the trial that US prosecutors do. They can not affect the outcome in the way we in the US have observed in many cases, particularly involving prosecutors with their own agendas.

There is a second prosecutor on the case who will immediately take over if Mignini is convicted (he - like Knox and Sollecito - is considered innocent until proven guilty. Unlike them, he is not charged with a violent crime, or considered a flight risk, or charged with incompetence.)

Knox and Sollecito are being represented by possibly the very best attorneys in Italy, who have successfully defended and won acquittals in equally high-profile cases. Yet even the DEFENSE has been frustrated and angered by mindless claims of Amanda Knox's innocence, the FOA, and the PR firm representing the Knoxes. The defense team has repeatedly asked them to stop aggressively publishing their "rebuttals" of the evidence lest they jeopardize Knox's real, legal defense.

Amanda is being sued for slander by Patrick Lumumba. 48 Hours has inexcusably failed to point out that Knox repeated her accusation the next day, after sleeping, eating, resting, and while she was not under pressure. The police asked her if she stood by her statement or if she wished to change anything.

Lumumba was not cleared because the police could find no evidence against him. He was cleared because approximately 17 different witnesses had seen him and/or talked to him at the bar he owned during the time the murder was committed and after. Knox has never apologized to him, though she has had many opportunities to do so. When asked in court if she had offered him any payment for his resulting losses (including his entire business), she laughed and said, "Who, me? No."

There is a 106-page summary online detailing the evidence and the arguments, written by trial Judge Paolo Micheli. Some parts have been translated into English. Meredith Kercher may have been restrained in multiple ways, not just by being held. The report refers to restraint marks on several body parts, including the vulvar region. Her tongue was badly damaged, her hyoid bone was broken, and the numerous slashes that ravaged her entire neck left her in excruciating pain, but still alive. Some translators have been unable to continue putting the document into English; men and women both have become so upset by details that have not yet been published elsewhere that they are in tears.

Her cell phone was taken so she could not call for help. She was still breathing after being stabbed and slashed in the throat, and small spots of expirated blood were all over her chest and bra. She died slowly and painfully.

The defense does not challenge the evidence that someone cleaned up and rearranged the crime scene, and moved the body. The "break-in" appears staged. The glass should have been on the floor, and the computer that was moved to the floor should have been on top of it. But the computer was under the glass.

Knox's defense does not claim Amanda was hit by the police. They have offered no objection to multiple officers' testimony under oath that she was treated well. (Knox herself is NOT under oath - Italian courts assume that defendants may lie sometimes to protect others, and this is not considered perjury. The judge and jury still take into account comments and objections by the defendants.)

The slanted and inaccurate nature of the 48 Hours program is appalling. It is not journalism. Accurate summaries of the evidence and the defense (the real defense, not the nonsense here) are elsewhere. I offer no opinion as to guilt or innocence. There is a great deal more evidence to be presented, and the court is serious and subdued. Perhaps more of us should be...particularly the media,

[CRIMSON_H]

Why would CBS News (the agency that brought us '60 Minutes') produce this one-sided piece? Surely, your reporters sense there's 'more to the story' when the family of an accused hires lawyers & private investigators to launch a PR campaign claiming "there's not a SHRED of evidence." What do your reporters have to say for themselves now that we've seen the damning forensic evidence submitted in a court of competent jurisdiction?

[fortitudenoir]

SHE IS GUILTY. BETTER PUT THIS MURDERER IN PRISON NOW, THAN YEARS FROM NOW AFTER SHE DROWNS HER BABIES IN THE TRUNK OF HER CAR IN A LAKE...

[post-e-riposte]

I think she's guilty. She's given different versions of her story. And the details and her behavior don't make sense. I don't care how high you are. If your roommate is screaming in the bedroom because she's being murdered, you should call the police. I think her Italian boyfriend is guilty too. Italians are generally pretty laid-back. I don't think they would be out to get anyone. I think these kids are spoiled and think they can get away with anything, including murder.

[lucca2004]

Rudy Guede (a drug dealer from the Ivory Coast) has already been found guilty of the rape and murder of Meredith Kercher through DNA evidence. From everything that I've read about this case, I believe that Amanda Knox and Raffaele Sollecito are both innocent of this crime and that they're being railroaded by the Italian Prosecutor who is trying to wrongly convict them solely for his own publicity.

Apparently, in Italy the Prosecutor in murder cases is the one who directs the police investigation so the Prosecutor has the advantage and all the control. To make matters worse, this specific Prosecutor is under indictment for abuse of power. I agree with Laurence L. Smith that the U.S. Government needs to intervene in this case. What a travesty of justice this appears to be.

[bebesvin]

What about the bloody footprint that was supposedly Amanda's? Was there a female officer who stepped on the blood to pick up Merideth's body, or any police with bloody shoe prints that had Amanda's tiny sized foot? Was there contamination to the degree that a bloody footprint was placed there by police? I mean a bloody footprint the size of Amanda's foot is pretty significant. So we get the point the prosecuter is a bit weird, but that doesn't mean Amanda is not guilty.. let's not loose perspective.

[pattersonsm1]

Where is our political might in all of this it is obvious this girl is being railroaded so this prosecutor can make a name for himself (he almost sounds like an American prosecutor) he has the attention of Italy and America as well as all the press coverage he can handle. He has already turned public opinion against the girl and she will not get a fair trial. Our government needs to intervene and send the FBI over to assist in the investigation. Come on politicians its time to get involved in this one.

[FawltyLogic]

If you want to take a look at the real issues with respect to Knox' story, credibility, and the reason(s) she was charged, take the time to read the timeline "Our Best Shot At Making Amanda Knox?s Timeline Alibi Work" by FinnMacCool at http://truejustice.org. The reasons she was charged revolve around her own contradictory, nonsensical and untrue statements and DNA evidence. She has very capable defense counsel and THEY don't believe all the rubbish about the charge being based on a vendetta by a corrupt prosecutor....so lay off all the ugly American protestations against Italy, Italians and their court system. If any country needs to be a bit low key as to other countries' justice system, its the US....having admittedly abandoned recognized international proscriptions against torture and having set up and run closed courts, with no access to counsel or meaningful judicial review over the last 7 years. The US also adopted the unlawful practice of "extreme rendition" where people who had not been formally charged with anything were kidnapped and taken to countries where torture could freely be employed.

[unixwiz]

mmm836 writes: "Whatever your beliefs about the handling of this case don't you find continuation in this matter highly contrary to the principle of justice and maybe downright criminal?'

Two comments on this question:

I think that "Do you find" would be a reasonable query. But "Don't you find" assumes facts not in evidence. (If I'm wrong about this, where can I sign up for your mind reading course? :)

As far as whether it is "downright criminal", wouldn't that depend upon the wording of the Italian legal codes? If not covered by those codes (and the "old-world" frame of mind described by another writer may increase the chances that it is not covered. Whether or not it is criminal has, of course, no bearing upon it's morality.

[Ilove48hours]

Why did CBS take down all the posts that it's loyal viewers made during morning of April 16th to midnight April 18th - they all seem to have been "mysteriously disappeared". Maybe this can be next 48 Hrs Mystery....I can see it now....it'll be entitled "The Search for the Missing MB Posts".

[mmm836]

Obviously the issue of whether 48 hours is biased in this report will never find common ground. Supporters of Amanda Know and many Americans will not agree with supporters of the Italian justice system and vice versa. But I do find it extremely concerning that the lead prosecutor of this case is under indictment for abuse of power related to a previous case, "The Monster of Florence" with similar satanic overtones and his alleged belief in medium/blogger Gabriella Carlizzi.

BBC news has also reported the following from Italian writer, Fiorenza Sarzanini, who has written about the case:

"The overwhelming feeling here [in Italy] is that the real victim is still Meredith Kercher - not Amanda Knox."

Ms Sarzanini believed that, having chosen to highlight an indictment against Mr Mignini, the Knox campaigners fundamentally misunderstood the nature of the Italian judicial system.

"Really, these things are not unusual here," she said.

To allow an indicted prosecutor to continue on in this capacity, especially since his indictment is based upon abuse of power and office is unreal. To have an Italian citizen who I would think is highly educated as she is a published author, to find this not usual, is surreal. Whatever your beliefs about the handling of this case don't you find continuation in this matter highly contrary to the principle of justice and maybe downright criminal?

[48hrzfanz]

This is outrageous! That Italian Prosecutor is under indictment himself. He would never, ever have the chance to prosecute anybody here in the U.S. because of that. The guy follows a woman blogger who is supposedly an expert on Satanism. He's pure evil himself.
Spare me on the Tabloids. They are the same all over the world. The Italians just want to punish Americans because they hate us. It's so obvious. That poor girl is being targeted because she's an American. You can't tell me otherwise!

[Peteygurl]

It does not take a criminal, forensic specialist to see how sloppy the Italian "judicial system" was at the crime scene. It is very old world over there. I am an American and was engaged to a Sicilian, Italian man in the late 1990's. I am an American, Italian, Russian and have lived in Italy on and off over the years. I truly Love Italy and the Italian way of life. But, they are living in the dark ages as far as true justice is concerned. The superstious mentality is simply insane over there. I recall attempting to leave the hotel room I was renting with my then fiance and my two young sons in 1998. My fiance told me he would be taking the train to another town for bussiness that day and left. Much benounced to me, he had given orders to the hotel desk boy not to permit me to leave the hotel. To my utter disbelief, the man stood in before the hotel entrance doorway and said to me," You may not leave, your man has told me not to let you go." After a arguing with him for a few moments, realizing my two little ones were in need of a good meal before the town shut down for the day...I thought quick and asked him to call my "man". As he walked back to get the tele, I grabbed my sons and ran....retreating into a small cafe for a sandwhich as thoughts of our near false imprisonment began to slowly unravel within my mind. Naturally, I wanted to take my boys and rush to the airport....but, instead I chose to minipulate my then, "fiance", wanting to get my boys home safe. It worked! You have no idea what I'm speaking of, unless you've lived in their society. It is lovely, until you are the one they choose to peg for the crime of their own choosing. America the Beautiful! Ah....such sweet, sweet justice!

[FawltyLogic]

For linguistic purists, the reference to to the slang term can be ignored in favor of the substantive criticism of the piece, i.e. that it was factually insufficient or haphazard, was not fully planned or developed, was incompetently prepared and demonstrated a lack of sufficient ability to investigate and/or knowledge of the subject matter. As far as it being perjorative, it was meant to be. If you feel the piece was a laudable journalistic effort, you're entitled to your opinion. In my view, it was and is twaddle--trivial, feeble, silly drivel.

[unixwiz]

And "yourdictionary.com" says "Slang .. having or showing little thought, care, or foresight: somewhat vulgar", while "etymonline.com" simply says "ineffectual"

A British dictionary (from University of Cambridge) says: "A half-assed idea or plan is stupid or has not been considered carefully enough". (I'm surprised that they present it so colloquially).

Yet another dictionary says: "Impractical, not giving a full effort {weak in the pants}. "

The problem with such idioms is a lack of agreement on meaning. That's what I meant by ill-defined.
(If I meant "undefined", I would have said "undefined")

Many online dictionaries don't include it at all (within those dictionaries it /is/ undefined, but that is not the point).

One thing that is (explicitly or implicitly) included in common with almost all dictionary entries, where they do exist, is that the idiom is considered pejorative, which is reason enough not to use it in rational discourse or exposition.

- Michael