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) 

In early January 2009, what's being called Italy's trial of the century begins.

Prosecutors have told the six jurors that Amanda Knox is here because she, Raffaele Sollecito and convicted murder Rudy Guede together sexually assaulted and then murdered Meredith Kercher.

"You have a girl who naively believes that the truth will set her free," says Chicago private investigator and a 48 Hours consultant Paul Ciolino. "Amanda, in her childlike innocence, believes with her whole heart, 'I didn’t do anything, why am I here?'"

Ciolino has been investigating this case for more than a year and says, "The perception is that it's a satanic ritualistic murder and that's what the public believes it to be. That's what these jurors probably believe it to be."

So who does he think murdered Meredith Kercher?

"Rudy Guede broke into her home. He raped her. He robbed her. He cut her throat. And then eventually departed the country the next day," says Ciolino. "And he left a trail of physical evidence. As soon as they had some fingerprints, they had him. Top to bottom, that's the case."

But prosecutor Mignini says he has witnesses and solid physical evidence proving that Amanda and Raffaele are guilty.

"That's the crux of this case - that all three were at the scene - all three of them were involved in the murder of Meredith Kercher," says journalist Nick Pisa.

Prosecutor Mignini says the murder weapon is a 30-centimeter kitchen knife. But the knife wasn't found at the crime scene, it was discovered days later at Raffaele's apartment.

"It's the sort of kitchen knife that you or I or anyone would have in their kitchen," Pisa explains.

Investigators couldn't find any blood on the knife, but they say they did find DNA; Amanda's on the handle and possible trace amounts of Meredith's on the blade.

"And they're saying that the wounds on Meredith's throat are compatible with having been made by a knife of this type," says Pisa.

But something doesn't add up. Police determined that a bloody knife left two faint impressions on Meredith's bed. They then drew outlines of those impressions. When the knife from Raffaele's kitchen is compared to those outlines, it doesn't match.

"That's the knife they want you to believe is the murder weapon, but it's not the murder weapon," says Ciolino. "It doesn’t fit the outline on the sheets. If it was the murder weapon, it would fit the outline, if it was used in the murder."

Ciolino says if the knife doesn't fit, "You must acquit. It's really that simple."

But the prosecution says they have solid DNA evidence putting Raffaele in Meredith's room. "The house is searched again by the forensic team, and [a] bra clasp is found in the bedroom," says Pisa.

A bra clasp ripped from Meredith's bra is discovered near her body and on it, investigators say, is Raffaele's DNA.

48 Hours obtained videotapes shot by Italian police of Crime Scene Investigators in the house and asked forensic scientist Dr. Larry Kobilinsky of John Jay College to analyze their work. "It's very crucial that everything be done the right way. That’s why we have procedures and protocols," he says.

Kobilinsky tells Van Sant that those procedures and protocols were not followed when it came to that bra clasp. Incredibly, it was left on the floor by the CSI team even though they videotaped it.

"Big mistake, should have been collected," he says.

Six weeks later, investigators returned to the murder scene. Video shows them picking up that bra clasp. It was then tested and prosecutors say they found Raffaele's DNA on it.

But Kobilinsky says the bra clasp was not properly handled. "There are mistakes that have been made. It should have been picked up right at the first time the crime scene team was there collecting evidence. The fact that it wasn’t picked up means that we can now question whether it was controlled or not."

And when the bra clasp was finally collected, Kobilinsky notices on the video that, "we have people handling the item. It's placed on the ground, it's then picked up. No instruments are used to handle the object. There could be a transfer of evidence, a transfer of DNA, for example, onto that item by any of those individuals. So this was just not handled properly."

"Would you be comfortable, confident, if your life was on the line, that this evidence is reliable?" Van Sant asks.

"I would not want to have my life threatened - based upon an item of evidence that was collected six weeks after the event occurred where the chain of custody was broken and the reliability is in question," Kobilinsky replies.

And then there is the prosecution's star witness, Nara Capezzali. She says she heard "a big scream, a chilling scream" in the night and then the sound of running from her apartment across the street from the crime scene on the night of the murder.

She told her story to Italian television a few days later.

Reporter: Three different movements you heard?
Capezzali: Yes. Three different things. One went up, one went that way.

Prosecutors are relying on Capezzali's testimony to convince the jury that three people ran away from the crime scene.

Ciolino wanted to see or hear for himself. Capezzali's upstairs neighbor let him into her apartment to find out what he could hear.

With the apartment window closed, which is believed to be the case the night of the murder because it was a very cold night, 48 Hours Mystery asked some neighborhood children to run down the street.

Standing near the closed window as the children run down the street, Ciolino describes what he hears. "Right now I hear something. I heard something, but I couldn’t tell if it was footsteps."

When Van Sant tells him that three people just ran down the street, Ciolino responds, "No, I didn’t hear anything like that."

At the very least, the unscientific test raises questions about what Capezzali could have heard that night. And under cross examination, she said she couldn't even be sure of the date of the scream.

"Nara has no credibility. She don't know what she heard or saw. They don't have a credible witness in this case," says Ciolino. "This is part of the problem. This is why I am so agitated."

But the prosecution says the case is solid, still insisting DNA puts Raffaele and Amanda in the room, and that several witnesses put the couple together with Rudy Guede. But Ciolino says the three didn't even know each other.

"We got everybody's phone records. They all have phones. All right, let's see how many times they called each other, setting up the sex game, the orgy, the night of fun and sex and satanic rituals," says Ciolino. "Zero. Nothing. Big, big zero. Nothing. Nothing exists. There is no evidence that these three knew each other. They don't travel in the same circles. They're not buddies. It just didn't happen."

But this is Italy and Prosecutor Giuliano Mignini has his case.

"I’ll probably get indicted in Italy for saying this. I don’t care," says Ciolino. "He is ruining two lives of two kids who have done nothing. Are they guilty of participating in a murder? No. Planning a murder? No. Being at a murder? No. They’re not guilty of anything. Nothing."

[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