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