Wednesday, July 27, 2011

AMANDA KNOX; AUSTRALIAN PAPER "THE AGE" ON REPORT RAISING DOUBT ON THE DNA EVIDENCE; POLICE INCOMPETENCE OR MALICIOUS INTENT? REALLY GOOD READ.


"This expert analysis, parts of which were leaked to the media last month, will say that the DNA evidence on the supposed murder weapon, a knife, was contaminated; and that the supposed DNA of Sollecito, found on the bra clasp of the murdered woman, was in fact vegetable matter.

Since this was evidence used to tie Knox and Sollecito to the crime, it will be a dramatic day in court - and may help expose what is increasingly looking like a shocking miscarriage of justice.

If, in the original trial, the judge had not refused the defence request for an independent analysis of the DNA, it is likely that there would not have been enough evidence to convict them, Edda says.

Once the DNA evidence is eliminated, ''there is nothing left'', she says.

''The independent experts said they ignored internationally recognised standards, the work wasn't done correctly, the results are not correct, and the procedure was not correct. They also say that it wasn't just police incompetence, that this was done with malicious intent.''"

SUSAN CHENERY; THE AGE;

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"WE will never know, most of us, how close we all are to catastrophe. How suddenly a normal day in an ordinary life can shatter and nothing will ever be the same," the story by reporter Susan Chenery published on July 24, 2011 in the Age, unbder the heading "A sexual predator or victim of a witch-hunt?," begins.

"When Edda Mellas, a maths teacher in Seattle, answered the phone on November 2, 2007, she could have had no way of anticipating the world of pain she was about to enter," the story continues.

"In the days, weeks, months and years to follow, her lively 20-year-old daughter, Amanda Knox, a student in Perugia, Italy, would become one of the most famous women in the world - for all the wrong reasons.

Her pretty, clever daughter would be portrayed as a sexual predator who delved into orgies, drugs and fatal sex games, and would be convicted of the murder of her flatmate, Meredith Kercher, and sentenced to 26 years in prison. Her nickname ''Foxy Knoxy'' was gleefully picked up by the press.

''I didn't eat, I didn't sleep,'' Edda confides. ''I stopped functioning. I was scared. I lost 20 pounds [9kg] in a couple of weeks. It was horrible feeling so helpless.''

While Edda is in Italy as much as her teaching schedule allows, her husband Chris Mellas - Knox's stepfather - who is able to do his work online, has moved to Italy to fight for Knox's release.

And even though Edda is in tears at times during this interview, they are an upbeat, amusing couple who would be a lot of fun in different circumstances. They have had a crash course in the downside of fame, of celebrity without benefits. ''You wake up and you have satellite trucks around your house. It changed pretty much overnight,'' Chris says.

We meet in the centre of Perugia and the town is heaving. It is the famous Umbria jazz festival. There is music everywhere.

Knox is locked in a prison far outside town. But tomorrow, the defence will present to the appeal court a 125-page independent expert analysis of the DNA evidence that was used to convict her and her boyfriend, Raffaele Sollecito, who was sentenced to 25 years in prison.

This expert analysis, parts of which were leaked to the media last month, will say that the DNA evidence on the supposed murder weapon, a knife, was contaminated; and that the supposed DNA of Sollecito, found on the bra clasp of the murdered woman, was in fact vegetable matter.

Since this was evidence used to tie Knox and Sollecito to the crime, it will be a dramatic day in court - and may help expose what is increasingly looking like a shocking miscarriage of justice.

If, in the original trial, the judge had not refused the defence request for an independent analysis of the DNA, it is likely that there would not have been enough evidence to convict them, Edda says.

Once the DNA evidence is eliminated, ''there is nothing left'', she says.

''The independent experts said they ignored internationally recognised standards, the work wasn't done correctly, the results are not correct, and the procedure was not correct. They also say that it wasn't just police incompetence, that this was done with malicious intent.''

The story starts in the autumn of 2007, a time of year when the university town of Perugia is beset by excited students arriving to attend its University for Foreigners. Often they are overseas by themselves for the first time, in this beautiful medieval hill town with its own long, dark history. High-spirited behaviour is common in the many bars in the city centre. By Knox's own admission, she went ''a bit wild''.

But she was not among the typically spoilt children of the wealthy whose parents can afford to indulge them. She worked three jobs while attending university to get the money to ''expand her horizons''. And she was, according to those who know her best, very much an innocent abroad.

''Amanda didn't watch crime shows on television,'' Chris says. ''She watched The Simpsons.''

Her best friend, Madison Paxton, who has moved to Italy to support her, says: ''She was more naive than most people. She had a really beautiful life and a really beautiful family and didn't have to think the worst of people. She was very sheltered. She was painfully not a sexual predator. She was kind of a late bloomer. She was really naive about all that stuff.''

Edda adds: ''She didn't have a lot of bumps in life. Her life was schooling, softball, soccer, gymnastics, friends, rock climbing. She didn't know about the dark side of the world. She had no street smarts at all. Amanda was a white middle-class girl who never had any dealings with police and had very bland circumstances prior to this.''

Not long after she arrived, Knox was elated to find a room in a shared house that had views across the Umbrian countryside. One of the four who shared the house was the beautiful, gentle 21-year-old British student, Meredith Kercher.

At a classical concert Knox met the shy engineering student, Raffaele Sollecito, and started an affair that was mainly conducted in his apartment because his father, a wealthy urologist, paid for it and he did not have to share.

It was from Sollecito's apartment that the knife was taken and used as evidence. There was no blood on the knife but supposedly low-grade DNA of Kercher, evidence that is seriously challenged in the report.

On November 2, Knox says she arrived home at 10.30 in the morning, after spending the night at Sollecito's house, and knew immediately that something was not right. The front door was open. There was blood in the bathroom sink, faeces in the toilet. In the room of one of her flatmates - Filomena Romanelli - the window had been shattered.

Kercher's room was locked.

She died a terrible death. It is thought she was in the hands of whoever killed her for nearly two hours. She died in agony from knife wounds to the neck - her killer had sawed at her neck. She took at least 10 minutes to die.

How is it, Knox's supporters would like to know, that in the chaos of a bloody, violent murder scene there was no forensic trace of her?

In the media outcry and confusion that followed the victim was all but forgotten. The focus shifted instead to Knox, her photogenic flatmate.

On the morning the murder was discovered, a video posted on YouTube shows a dazed, shocked Knox being comforted by Sollecito outside the house. But soon she became the focus of a police theory that she was the mastermind of sex games that went wrong.

Knox and Sollecito were lusting after each other and showing no remorse, the tabloids trumpeted. Knox had written a short story about a girl being raped and murdered for a college assignment and posted it on My Space. She was seen buying underwear at a sex shop, the reports said.

''It was cheap underwear in a second-hand clothing store,'' her mother says. ''Her clothes had been locked up in a crime scene and all she had was what she was wearing.''

Knox had done cartwheels in the police station when brought in for questioning, the reports claimed.

''She was stretching,'' Edda says. ''She had been sitting for hours. The room was far too small to do cartwheels in. They took the most innocent things and twisted them.''

In her naivety, Knox had not understood that she had become a murder suspect.

''She said she went into denial because she couldn't believe this was happening to her,'' Edda says. Both Knox and Sollecito told the police over and over again that they had been in his apartment all night, cooked a meal, had a joint, watched the film Ame´lie and gone to bed.

Finally, after days of interrogation during which she was denied a lawyer, she broke down at 5.45am and signed a confession in Italian, a language she barely understood at the time. The confession went that she had been at the house with Patrick Lumumba, a man who owned a bar she worked at and was therefore on her mobile phone. This confession said Lumumba had killed Kercher while Knox was in the other room.

Knox still did not understand she was a suspect, her family says, even while 37 jubilant police officers signed her confession, cheering and clapping. This confession was later thrown out because it was obtained illegally, but it lingered in the minds of all involved. ''Case closed,'' the police had announced at a news conference at the time. Lumumba had an iron-clad alibi and was soon released, and later sued Knox for defamation.

Two weeks later came the news that DNA and fingerprints at the scene did not match Sollecito, Knox or Lumumba, but a fourth person.

Rudy Guede, from Ivory Coast, was a drifter who knew the boys who lived downstairs and had committed a series of break-in burglaries. On the run, he was picked up in Germany and sentenced to 30 years in prison for Meredith's murder, subsequently reduced to 16 years.

Since his conviction, he has changed his story many times, sometimes implicating Knox and Sollecito, sometimes saying he acted alone. In the appeal trial last month he implicated them again, though he refused to answer any questions about the crime.

In Italy, the initial trial is an inquisition and favours the prosecution. The appeal, which is mandatory, is much fairer. Last year Knox's nemesis, the prosecutor Giuliano Mignini, was tried and convicted for abuse of office in a separate case.

As the appeal began, Judge Claudio Hellman, having read the transcripts of the original trial, announced that ''the only thing we know for certain in this complex case is that Meredith was murdered''.

In prison, waiting for the interminable Italian legal system to inch forward, Knox has been studying, reading and thinking. She has become fluent in Italian. She is proficient in German and is studying Japanese, Chinese and Russian. She reads philosophy.

Edda says: ''She is an expert on existentialism. She loves reading classics. If it is an Italian classic, she wants to read it in Italian. She loves to read stuff in the original language. Her book count is literally in the thousands and thousands. A lot of it is really serious intense reading.

''We try to get her to read frivolous stuff and she just doesn't, other than Harry Potter. She has a routine. She gets up, she has coffee, she exercises, she reads, she writes letters. She exercises again.

''She translates for other prisoners. She is in a choir. She is friends with a priest who sees her regularly. She is in a guitar group. She has a phone call once a week. She has approximately two visits a week.

''She has grown up a lot. She has talked a little bit about wanting to help other people who have been wrongly imprisoned when she gets out.''

Frank Sfarzo, an Italian journalist and blogger who has followed the case in minute detail, says Knox has changed. ''Before she was a typical spoiled girl from a rich country. She was a bit insensitive at times. She was like every American girl here. Now she is a wonderful person. She has developed respect and feeling for people.''

Amanda Knox has become an industry. So far 10 books have been written about this case, a movie has been made and two more are coming.

Edda has learned a lot about the labyrinthine Italian legal system in the past four years. She has also learned the strength and ferocity of maternal love.

''You don't know until it happens to you, but I can't imagine doing anything else. And you know your child is innocent. If we had even thought Amanda had something to do with this, I am sure we would have made sure she had a good lawyer, I am sure we would have loved her and supported her, but we definitely wouldn't be screaming she is innocent and we probably wouldn't have done everything that we have done.''

Her husband is still amazed by his hitherto untapped talent for raising money - to pay lawyers.

''I never thought we could pull off anything like this. We put 'home improvements' on the loan applications,'' he laughs, shaking his head.

''That is the only way we have been able to do it. It is a hole that is so deep that I have no idea how we are ever going to get out of it.

''But it becomes a job. This is the primary job and the jobs that make the money are the secondary jobs.''

They remain cautiously optimistic that Knox and Sollecito will be released in September when the court comes back from summer holidays.

But this is Italy. They have learned that the law can be whatever the prosecution desires.

Edda says: ''Here it is like stop signs. They are there but everybody ignores them or maybe they slow down a little bit but they don't stop.''

There is a lot at stake for the city of Perugia. There will be a great loss of honour if it is found it has framed innocent kids. The prosecution will fight back vigorously.

But Edda will not stop fighting for her daughter. ''She says, 'Mum, I just want to go home.''"

The story can be found at:

http://www.theage.com.au/world/a-sexual-predator-or-victim-of-a-witchhunt-20110723-1hu1z.html

PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

CAROLYN BELLAMY; JUDGE DELIBERATING; PROSECUTOR INSISTS "PEOPLE DO NOT DIE FROM SHORT FALLS." THE OREGONIAN;


"Doctors testified that they believe Magathan died of abusive head trauma and that the symptoms she exhibited were consistent with a violent shaking.

Barnett, Bellamy's attorney, countered that the doctors acknowledged that the girl's symptoms could be explained by other causes, and that they agreed that short falls, in rare cases, can be fatal.

But the doctors were fed information by detectives and so drew a conclusion that targeted Bellamy, he said, someone who could not have physically committed the assault considering her small stature and history of medical problems.

"We know that one's conclusions are the product of the quality of the information we consider," he said."

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"For 39 seconds, a prosecutor said Wednesday, as her 23-month-old granddaughter lay limp and laboring to breathe, Carolyn Bellamy waited," the Oregonian story by reporter Helen Jung published earlier today under the heading, "Judge deliberating case of Gresham grandmother charged in toddler's death," begins.

"Bellamy had just called her daughter -- the girl's mother -- and told her that something was wrong with little Ariana Magathan, Multnomah County deputy district attorney John Casalino said Wednesday. But after hanging up, Bellamy did not immediately dial 911,"
the story continues.

"Instead, he argued, the 60-year-old Gresham woman was trying to come up with a story to hide the fact that she had shaken the girl so severely she was brain dead.

"She does not know what she is going to say yet," Casalino said, as he watched a courtroom clock and noted as the second hand ticked off seconds. "Why isn't she calling?... She's thinking what is she going to say."

Casalino's comments came as he and defense attorney Russell Barnett offered their closing arguments to Multnomah County Circuit Judge Janice Wilson, who is deliberating whether Bellamy is guilty of felony murder and first-degree manslaughter in Magathan's death.

Magathan died on Oct. 16, 2009, four days after she was rushed to the hospital. Bellamy has maintained that the toddler crawled off the bed and hit the floor. She said Magathan briefly convulsed and then went limp in her arms.

But the state argued that Bellamy was frustrated with her granddaughter for getting into her papers while Bellamy was on hold with Cricket Wireless customer service. Doctors testified that they believe Magathan died of abusive head trauma and that the symptoms she exhibited were consistent with a violent shaking.

Barnett, Bellamy's attorney, countered that the doctors acknowledged that the girl's symptoms could be explained by other causes, and that they agreed that short falls, in rare cases, can be fatal.

But the doctors were fed information by detectives and so drew a conclusion that targeted Bellamy, he said, someone who could not have physically committed the assault considering her small stature and history of medical problems.

"We know that one's conclusions are the product of the quality of the information we consider," he said.

He also questioned the likelihood that Bellamy could be holding the phone while at the same time grabbing the granddaughter and shaking her violently in a fit of anger and then changing her demeanor completely "and put on what would otherwise be an Academy Award winning performance," he said.

But Casalino said while Bellamy's concern is genuine, the death was no accident. There is no other explanation for the combination of symptoms that Magathan showed, he said.

"We work hard to disbelieve painful things," he said. "People do not die from short falls.""


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The story can be found at:

http://www.oregonlive.com/gresham/index.ssf/2011/07/judge_deliberating_case_of_gre.html

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PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

SHERRY SHERRET RETROSPECTIVE; PART TWO; YET ANOTHER DISTURBING TALE OF IMPORTANT FORENSIC EXHIBITS LOST BY DR. CHARLES RANDAL SMITH;


"We know, however, that no one ever stepped up to the plate to protect the public by containing Dr. Smith when loss after loss occurred;

0: Prosecutors kept on calling him to testify against other unfortunate accused persons;

0: The chief coroner's office allowed him to continue running his one-man show - without any apparent interference or accountability, and,

0: There are no indications that the Hospital for Sick Children ever took him to task for the shoddy way in which he was heading the Pediatric Forensic Pathology Unit which had been entrusted to the hospital by the Ontario government;"

HAROLD LEVY; PUBLISHER; THE CHARLES SMITH BLOG; NOVEMBER 19, 2007;

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PUBLISHER'S NOTE: I recently reported that Sherry Sherret has received a $450,000 settlement for the nightmare she was put through by by the former Doctor Charles Smith, the police, prosecutors and the Court - and I indicated that I find the settlement grossly inadequate. To help our readers make up their own minds I am running a retrospective of posts previously published on this Blog on Sherry Sherret's case. Our readers are invited to send their comments on the settlement to me at: hlevy15@gmail.com for possible inclusion on the site.

HAROLD LEVY; PUBLISHER; THE CHARLES SMITH BLOG.

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Monday, November 19, 2007;

Goudge Inquiry: Joshua's Case: Part Two: Yet Another Disturbing Tale of Important Forensic Exhibits Lost By Dr. Charles Randal Smith;

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"AFTER THE EXPERIENCE IN THE JOSHUA CASE, I WOULD HAVE EXPECTED DR. SMITH TO BE MORE CAREFUL WITH EVIDENCE IN HOMICIDE CASES."

PROSECUTOR SHEILA WALSH;

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Earlier postings on this Blog demonstrated how Dr. Smith had violated his responsibility to preserve forensic evidence in four murder cases;

0: Misplacing all of the forensic exhibits in the Trotta case - so that they were unavailable for trial and appeals; (See previous posting: Trotta: Another Smith Case Involving Misplaced Evidence;

0: Retaining without submitting for analysis a dark, curly, male pubic-type hair indicating that Baby Jenna may have been sexually assaulted in the Brenda Waudby case; (Discussed in Trotta posting referred to above);

0: Misplacing the only evidence that could be used to prove that William Mullins-Johnson did not kill his four-year-old niece. (See previous posting: Mullins-Johnson:: Evidence allegedly misplaced;)

As if this disgraceful, unprofessional conduct was not enough yet another loss of key forensic exhibits has been revealed in the "Overview Report" of Joshua's case; (See previous posting: Goudge Inquiry: Joshua's case; Part One: How Smith caused havoc by failing to deliver a crucial forensic report);

The loss of exhibits in the Joshua case is described by Sheila Walsh - the Crown Attorney who prosecuted Sherry Sherret (Joshua's mother) for first-degree murder - in a letter to Ed Bradley, who was prosecuting Louise Reynolds at the time.

Walsh, now deceased, explains to Bradley that the mother's defence lawyer was pressing for the microscopic slides from the autopsy because Smith had come up with damning information against his client - the discovery of a skull fracture - after signing his autopsy report.

"The defence retained their own pathologist and obtained an order for the release of the autopsy slides, on certain conditions, to the defence expert for a second opinion," Walsh wrote.

"We worked out a plan to have the slides delivered.

The slides did not get delivered.

Again, Dr. Smith ignored my slides and letters;

Finally, I found out that he had lost the slides;

They remained lost for a period of time, but they were eventually found they had not been found, our case would likely have been at an end.

Some x-rays were also lost and were never found. I don't know if this was Dr. Smith's fault or if it was someone else's;

Given what happened in this case, (being forced to offer a plea to infanticide because of the deficiencies in Dr. Smith's work H.L.) I was very surprised that Dr. Smith then lost important evidence in the (Sharon) case;

After the experience in the (Joshua) case, I would have expected Dr. Smith to be more careful with evidence in homicide cases;"

We know, however, that no one ever stepped up to the plate to protect the public by containing Dr. Smith when loss after loss occurred;

0: Prosecutors kept on calling him to testify against other unfortunate accused persons;

0: The chief coroner's office allowed him to continue running his one-man show - without any apparent interference or accountability, and,

0: There are no indications that the Hospital for Sick Children ever took him to task for the shoddy way in which he was heading the Pediatric Forensic Pathology Unit which had been entrusted to the hospital by the Ontario government;

We are now aware that the Hospital failed to set up a system for tracking, cataloguing and protecting forensic exhibits sent to the Pediatric Forensic Pathology Unit (created in 1981) for consultation purposes by coroners and pathologists elsewhere in the province until December, 2004.

That's around the time that Dr. Barry McLellan, the former chief coroner, began to probe the missing Mullins-Johnson exhibits.

Documents filed at the Inquiry indicate that McLellan's investigators - assisted by hospital staff - spent days cleaning up Dr. Smith's office before ultimately locating the missing evidence on top of Dr. Smith's desk.

(The small, dark, curly, male pubic hair that Dr. Smith retained in his possession for years in the Waudby case - without informing police or prosecutors or submitting it for forensic testing - had been kept in one of Dr. Smith's desk drawers.)

The disorder in Dr. Smith's office must have been apparent for years to all who entered it or worked there - yet Dr. Smith's Superior's in the Hospital administration apparently did nothing about it.

Nor can the famed hospital claim ignorance: There were too many media reports of controversies over Smith's handling of exhibits, going back to the Reynold's case, over the years.

On May 31, 2005, after the Star reported that the missing Mullins-Johnson exhibits had been found in an envelope on top of Dr. Smith's desk during a review of exhibits launched in April ran a revealing interview with Hospital for Sick Children spokesperson Helen Simeon.

Simeon said Smith agreed to go on an administrative leave pending a review by an “outside” pathologist after it became public that the materials in the Mullins-Johnson case were missing.

She said Smith was allowed to return after the reviewer reported that Smith was doing a satisfactory job.

The Hospital would not name the reviewer or release the report;

I wonder if that internal report will surface at the inquiry!

Given the importance of preservation and continuity of evidence - especially in an era where DNA analysis and other sophisticated scientific processes may help clear or incriminate individuals decades later - the Hospital clearly let the public down and has much to account for at the Goudge Inquiry;

Dr. Smith was a member of the pathology department - and that department was headed by chiefs of pathology over the years who in turn were supposed to be responsible to the top levels of the hospital hierarchy.

If the public is to regain confidence in the delivery of pediatric forensic service in the province it is crucial for the Inquiry to probe why Dr. Smith's superiors at the Hospital for Sick Children failed to reign him in.


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The post can be found at:

http://smithforensic.blogspot.com/2007/11/most-recent-goudge-inquiry-joshua-case.html

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PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

Tuesday, July 26, 2011

CAROLYN BELLAMY: TRIAL DRAWS NEAR CLOSE. SHE TAKES THE WITNESS STAND; FOX 12; OREGON;



"Defense attorney: "Did you shake Ariana?"
Bellamy: "No, I did not."
Defense attorney: "Did you jerk her one motion?"
Bellamy: "No."
Defense attorney: "Did you shake her twice?"
Bellamy: "No."
Defense attorney: "Did you bang her head or beat her head on the mattress or any other surface?"
Bellamy: "No, absolutely not."
Defense attorney: "Did you do anything that could have injured Ariana?"
Bellamy: "No."

The trial started last Monday and both sides expect to get to closing arguments tomorrow."

FOX 12 OREGON;

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"A woman accused of killing her granddaughter took the stand in her own defense today," the Fox 12 Oregon story published earlier today begins, under the heading, "Grandmother takes stand in baby death trial."

"Gresham police arrested Carolyn Bellamy in May of last year on charges of murder and manslaughter in 1-year-old Ariana Magathan's death,"
the story continues.

"The investigation began in October 2009, when paramedics were called to Bellamy's Gresham home on a report of a child that had fallen out of bed.

When they arrived at the scene, investigators say, they found Ariana unresponsive with a head injury.

The child was rushed to a hospital and medics called for police to respond because they said the cause of the injuries didn't make sense to them.

Four days later, the girl died from what the medical examiner described as violent blunt-force trauma to the head.

Seven months later, Bellamy was arrested and charged with felony murder and manslaughter.

The defense purports it's still unclear how the girl was injured, but they say it wasn't at the hands of Bellamy.

Today in court, Bellamy took the stand in her defense and denied shaking and beating the child.

Defense attorney: "Did you shake Ariana?"
Bellamy: "No, I did not."
Defense attorney: "Did you jerk her one motion?"
Bellamy: "No."
Defense attorney: "Did you shake her twice?"
Bellamy: "No."
Defense attorney: "Did you bang her head or beat her head on the mattress or any other surface?"
Bellamy: "No, absolutely not."
Defense attorney: "Did you do anything that could have injured Ariana?"
Bellamy: "No."

The trial started last Monday and both sides expect to get to closing arguments tomorrow.

A judge, not a jury, will decide whether to convict or acquit Bellamy on the charges."


The story can be found at:

http://www.kptv.com/story/15153013/grandmother-takes-stand-in-baby-death-trial

PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

DREW PETERSON CASE: HEARSAY STATEMENTS USED TO BACK UP CASE BASED LARGELY ON PATHOLOGICAL REPORTS RULED OUT BY APPEAL COURT; CHICAGO TRIBUNE;

"Peterson, 57, is charged with killing Savio, who was found dead in a dry bathtub in 2004. Officials initially said the death an accidental drowning, but authorities reopened the case after his fourth wife, Stacy Peterson, vanished in October 2007. He remains a suspect in her disappearance but has not been charged.

Glasgow largely has built his case around pathology reports and 13 hearsay statements that he says would allow Savio and Stacy to speak from the grave. He even pushed for a new Illinois statute -- dubbed Drew's Law -- to allow secondhand testimony at trial if the judge finds it reliable and if the bulk of evidence shows that the defendant made the witness unavailable."

REPORTERS STEVE SCHMADEKE AND STACY ST. CLAIR; CHICAGO TRIBUNE;

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BACKGROUND: (WIKIPEDIA); Drew Walter Peterson (born January 5, 1954) is a former Bolingbrook, Illinois, police sergeant who is suspected of killing his third and fourth wives. The story has received national media attention in the United States. Peterson has repeatedly denied involvement in both cases. On May 7, 2009, Peterson was indicted by a Will County, Illinois grand jury and charged with the murder of his third wife, Kathleen Savio. Peterson currently resides in the Will County Adult Detention Center, Joliet IL, awaiting trial.

Early life:

In 1972, Drew Peterson graduated from Willowbrook High School in Villa Park, Illinois, where he ran cross country. After high school graduation, Peterson joined the US Army. In 1974, he briefly attended the College of DuPage. Peterson later moved to Falls Church, Virginia, where he trained as a military police officer.

Police career:

Drew Peterson had a 29-year career as a police officer. He began working with the Bolingbrook Police Department in Illinois in 1977. In 1978, he was assigned to Metropolitan Area Narcotics Squad, and in 1979, he received a "Police Officer of the Year" award from the department.

In 1985, Peterson was fired from the Bolingbrook Police Department after the village board of police and fire commissioners found him guilty of disobedience, conducting a self-assigned investigation, failure to report a bribe immediately, and official misconduct. He had been indicted two months earlier on charges of official misconduct and failure to report a bribe. Peterson was working under the auspices of the Metropolitan Area Narcotics Squad at the time. Indictments alleged he solicited drugs in exchange for information about his agency. The charges later were dropped. Special prosecutor Raymond Bolden said at the time the charges were not provable. Peterson won reinstatement with the department in March 1986. Judge Edwin Grabiec ruled police and fire commissioners lacked sufficient evidence to find Peterson guilty of the charges. Peterson was also accused of using excessive force for allegedly breaking the thumb of an arrestee in May 2007. The charges were later dismissed on the grounds that Peterson was not present during the arrest, nor on duty that day.

Following his fourth wife Stacy's mysterious October 28, 2007, disappearance, Peterson announced his plans to retire as a Bolingbrook police sergeant as of December 2007. On November 15, 2007, the Bolingbrook Police Pension Board voted to allow Peterson to collect his pension of $6,067.71 per month, stating current law gave them no option, as Peterson had not been convicted of a crime.

Marriages:
Carol Brown:

Peterson was married to his first wife, Carol (Hamilton) Brown, from 1974 to 1980. They divorced after she learned about his infidelity. Peterson and Brown met in high school in Villa Park, Illinois, and together attended his senior prom.

Victoria Connolly;

Peterson married his second wife, Victoria (Rutkiewicz) Connolly, in 1982. Connolly has alleged a history of abuse during her 10-year marriage to Peterson, as has her daughter who lived in the household during this time, from the age of 8 to 17 years. In 2007, Connolly stated that Peterson "was a legend in his own mind". The couple divorced after Peterson started dating Kathleen Savio, who would later become his third wife.Their divorce was finalized on February 18, 1992, and Peterson married Savio two months later.

Kathleen Savio;

Peterson married Kathleen Savio (born June 13, 1963) on May 3, 1992. Their divorce was finalized on October 10, 2003. It was reported that between 2002 and 2004 police were called out to the Peterson house 18 times on domestic disturbance calls, including calls for returning children late after visitation. On March 1, 2004, Kathleen Savio's body was subsequently found in a waterless bathtub. Her death was initially ruled an accidental drowning, by a coroner's jury that included a police officer who personally knew Peterson and assured the other jurors that Peterson was 'a good man who would never hurt his wife'.

However, following Stacy Peterson's disappearance, Savio's body was exhumed and underwent forensic examination on November 16, 2007. Dr. Michael Baden, a former New York City chief medical examiner who conducted the examination at the request of Savio's relatives and Fox News, concluded that she died of drowning following a struggle when her body was placed in the bathtub. The results of the official autopsy ordered by the county have yet to be released to the public. Will County State's Attorney James Glasgow told the press that after examining evidence in the case, he believed that the death was a "homicide staged to look like an accident." On February 21, 2008, Glasgow announced that a pathologist determined that Savio's death was a homicide, adding that the death had been investigated as such reopening the case following the exhumation.

Rev. Neil Schori, a pastor at Stacy Peterson's church, reported that Stacy had told him that Drew had killed Kathleen Savio and had made it look like an accident and that she was fearful of her husband. Stacy had provided Drew's alibi for his whereabouts on the evening that Kathleen Savio died.

Stacy Peterson:

Peterson married Stacy Ann Cales (born January 20, 1984) on October 18, 2003. She disappeared on October 28, 2007. Stacy Peterson was officially reported missing in the early hours of October 29, 2007, after her sister, Cassandra Cales, failed to hear from her when expected. Drew Peterson claims that Stacy called him at 9 p.m. on Sunday to tell him that she had left him for another man and that she had left her car at Bolingbrook's Clow International Airport.

The last recorded words from Stacy Peterson were left on a voicemail on her father's answering machine on October 17 at 12:37 p.m., 11 days before she disappeared. The message said, "Hey dad! It's me, Stacy, I just wanted to call you and tell you I love you. I also wanted to give you my new phone number. OK, love you."

Engagement to Christina Raines

In December 2008, Drew Peterson's publicist Glenn Selig confirmed that Peterson was engaged to a 23-year-old mother of two, Christina Raines; she would be his fifth wife. On January 30, 2009, it was made public that Raines had moved out of Peterson's house. Her father, Ernie Raines, had issued an ultimatum, having her choose between him or Peterson. Raines had issued the ultimatum to his daughter because he didn't like the way Peterson began to control Christina; he was also scared that she would disappear as Stacy had. Raines moved out of Peterson's home "when she came to her senses", calling the engagement a publicity stunt designed to keep Peterson in the media spotlight. Then, in February 2009, Christina Raines and Peterson appeared on NBC's Today Show, confirming that she had moved back in with Peterson. Though his divorce from his fourth wife Stacy is not yet final, Peterson said he hopes to marry "as soon as possible". Christina Raines said her father made it clear he would not attend their wedding; she also admitted none of her friends or family support the relationship. When asked by NBC's Amy Robach if they would like to have more children, Peterson responded, "We have enough, we have 8 between us" (apparently including in the count his adult children, as there are only 6 children living in the home: the two he had with Kathleen Savio, the two he had with Stacy, and Christina's own two). Christina Raines replied, in a question-like tone, "Maybe one more?" When asked why she is with Peterson, Raines said "I love him, he makes me laugh" and claimed to have no concern for her safety.

Disappearance of Stacy Peterson:

Several leads have been followed in the investigation by Illinois State Police with FBI involvement. Four search warrants have been issued and carried on Drew Peterson's property following Stacy's disappearance, including seizure of his vehicle and Stacy's vehicle, and Drew's firearms.

Rick Mims, Peterson's long-time friend, has admitted that Drew Peterson and Mims bought three blue containers from a cable company, where they both worked part-time in 2003, and has provided photos of the containers to police. Mims had also sold his story to the tabloids for an undisclosed sum of money. Peterson's stepbrother, Thomas Morphey, who has a history of drug and alcohol addiction, attempted suicide two days after allegedly helping Drew carry a large blue plastic container from Peterson's Bolingbrook home to his sport utility vehicle, fearing he may have helped dispose of the body of Stacy Peterson. Neighbors reported seeing Peterson and another man hauling a 55-gallon barrel, large enough to hold a person, out of the house shortly after Stacy's disappearance. Cassandra Cales, Stacy's sister, said she wanted Drew Peterson to take a lie detector test about his knowledge of a blue barrel or container that she said she saw in their garage two days before Stacy disappeared. Joel Brodsky, Peterson's attorney, has denied any container is missing from the home. There were also reports of truckers referring to the containers, but their stories were treated as not credible, after it was found they were not in the Bolingbrook area at the times they claimed.

Murder of Kathleen Savio:

On May 7, 2009, Peterson was indicted[2] by the Will County Grand Jury and arrested for the murder of his third wife, Kathleen Savio. Bail was set at $20 million.[21][30] While being arrested, Peterson joked, "I guess I should have returned those library books".

In October 2009, Peterson sued JP Morgan Chase for revoking a home equity credit line that he wanted to use to pay legal expenses. His income of "nearly $109,000 per year" from his pension and Social Security was not sufficient. In July 2010, Judge Stephen White ruled that Peterson would remain in the Will County Jail for the remainder of his trial and appeals process. Prosecutors argued he could pose a danger if released.

On July 21, 2010 it was revealed hearsay statements indicating Drew Peterson killed two of his wives are not reliable enough for a jury to hear at his trial. After presiding over a lengthy hearsay hearing, Judge Stephen White issued a four-page sealed ruling in May obtained by the Daily Herald. White ruled prosecutors proved Peterson killed both Kathleen Savio and Stacy Peterson "by a preponderance of the evidence," but nearly all statements attributed to Stacy Peterson "do not provide sufficient safeguards of reliability." Stacy Peterson's statements are crucial to the prosecution's case, since it lacks other evidence.......

http://en.wikipedia.org/wiki/Drew_Peterson

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"Will County prosecutors were dealt a significant setback in the Drew Peterson case today, as an appellate court refused their request to allow critical hearsay statements at the ex-Bolingbrook police officer’s murder trial," the Chicago Tribune story by reporters Steve Schmadeke and Stacy St. Clair published earlier today under the heading, "Appeals court upholds limits on Drew Peterson hearsay evidence," begins.

"In a divided opinion by the Third District Appellate court, the justices ruled the Will County State’s Attorney’s office missed the appeal deadline when it sought to overturn a trial court’s decision barring eight hearsay statements. Prosecutors contend the statements are crucial to their efforts to convict Peterson for the death of his third wife, Kathleen Savio," the story continues.

"The court also upheld decisions by Judge Stephen White, who is now retired, to prohibit both evidence of other alleged criminal activity involving Peterson and expert testimony predicting the financial cost of Peterson’s divorce from Savio, according to today’s ruling.

Peterson’s lawyers described the decision as a major victory for their client.

“It’s a big win because it keeps out evidence that was unreliable,” said attorney Steve Greenberg, who argued the defense team’s position before the appellate court. “It reduces the chance of the trial being based on rumor and innuendo.”

Will County prosecutors have not yet commented on the ruling.

The case, which has drawn national media attention, has been put on hold for more than a year as State’s Attorney James Glasgow pushed for the hearsay statements to be declared admissible. The trial judge had ruled jurors could not hear the statements because they were unreliable.

Peterson, 57, is charged with killing Savio, who was found dead in a dry bathtub in 2004. Officials initially said the death an accidental drowning, but authorities reopened the case after his fourth wife, Stacy Peterson, vanished in October 2007. He remains a suspect in her disappearance but has not been charged.

Glasgow largely has built his case around pathology reports and 13 hearsay statements that he says would allow Savio and Stacy to speak from the grave. He even pushed for a new Illinois statute -- dubbed Drew's Law -- to allow secondhand testimony at trial if the judge finds it reliable and if the bulk of evidence shows that the defendant made the witness unavailable.

Though White sided with prosecutors in finding that the preponderance of evidence showed Peterson's wrongdoing, he still barred the majority of hearsay witnesses because they did "not provide sufficient safeguards of reliability."

Prosecutors can still appeal the case to the Illinois Supreme Court, but Peterson’s defense team believes the appellate ruling will be difficult to overturn.

“It’s clear that the state is a day late and a dollar short,” defense attorney Joseph Lopez said. “It’s a good day for Drew. It’s a good day for all of us.”"

The story can be found at:

http://www.chicagotribune.com/news/local/breaking/chi-appeals-court-upholds-limits-on-drew-peterson-hearsay-evidence-20110726,0,3446350.story

PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

AMANDA BRUMFIELD; SENTENCING POSTPONED. NO NEW DATE SET; HER LAWYER IS MOVING FOR AN ACQUITTAL FOLLOWING JURY'S VERDICT; WFTV.COM


"Brumfield was in court, but her attorney did not show up. Her attorney had planned to argue a motion for acquittal, but the hearing was postponed to a later date that has not yet been set.

A jury found Brumfield guilty of manslaughter in May.

Prosecutors claim Brumfield failed to seek immediate medical attention after a girl she was baby-sitting fell and hit her head. The girl later died."

WFTV.COM;

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BACKGROUND: Amanda Brumfield was found not-guilty on first-degree murder and aggravated child-abuse charges, according to the State Attorney's Office. She is expected to face sentencing on the manslaughter charge in July. She maintained Olivia was trying to climb out of a playpen and fell a short distance, hitting her head. The defense suggested the fall may have aggravated a previous injury, causing her death. The prosecution argued it was "impossible" that a fall from that height caused a three-and-a-half inch fracture on the back of the girl's skull and the bleeding and swelling found in her brain." INFORMATION FROM THE ORLANDO SENTINEL;

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"ORANGE COUNTY, Fla. -- The hearing in the case against Billy Bob Thornton's estranged daughter, Amanda Brumfield, was postponed on Tuesday after her lawyer was not in court," the WFTV story filed earlier today under the heading, "000," begins.

"Brumfield was in court, but her attorney did not show up. Her attorney had planned to argue a motion for acquittal, but the hearing was postponed to a later date that has not yet been set,"
the story continues.

"A jury found Brumfield guilty of manslaughter in May.

Prosecutors claim Brumfield failed to seek immediate medical attention after a girl she was baby-sitting fell and hit her head. The girl later died.

Her sentencing was supposed to be scheduled for Thursday, but now it has also been postponed to a new date that has not been set."

The story can be found at:

http://www.wftv.com/news/28669214/detail.html

PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

AMANDA KNOX: ASSOCIATED PRESS REPORTS "GLARING DNA ERRORS MADE IN AMANDA KNOX CASE, COURT TOLD."


"Giulia Bongiorno, a lawyer for Sollecito, said that what had been so far only a defence theory — claiming that there was a risk of contamination and that DNA traces were too low to be attributed with certainty — has now been certified by independent experts.

"These aren't opinions, words. These are images," she said, referring to the clips shown in court.

But Francesco Maresca, a lawyer for the Kercher family, promised that a fierce cross-examination of the experts next week would prove the work of the forensic police had been up to snuff."

REPORTER ALLESANDRA RIZZO; THE ASSOCIATED PRESS;

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BACKGROUND; Amanda Knox, 24, is currently serving 26 years for the sex murder of 21 year-old Meredith in November 2007, who was found semi-naked with her throat cut in the house the two girls shared in Italy.

Knox and her former boyfriend Raffaele Sollecito were convicted on evidence, which disclosed DNA from Meredith on a 12 inch kitchen knife, and that of Miss Knox on the handle. DNA from Sollecito was said to be on the clasp of Meredith’s bra. (Marieclaire);

SEE INFORMATIVE NEW YORK TIMES STORY PUBLISHED ON JUNE 29, 2011, SHORTLY AFTER THE REPORT WAS LEAKED - BELOW - FOLLOWING THE ASSOCIATED PRESS STORY;
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"PERUGIA, ITALY—The investigators who collected the genetic evidence used to convict American student Amanda Knox of murder in Italy made a series of glaring errors, including using a dirty glove and not wearing caps, two independent forensic experts said Monday," the Associated Press story published on July 25, 2011 under the heading, "Glaring DNA errors made in Amanda Knox case, Court told," begins.

"The experts had been appointed by an Italian appeals court to review the DNA evidence used in Knox's trial, including some found on a kitchen knife believed to be the murder weapon and some found on the clasp of the victim's bra,"
the story continues.

"That evidence played a crucial role in securing the convictions of Knox and her co-defendant Raffaele Sollecito in the 2007 murder of Meredith Kercher, a Briton who shared an apartment with Knox while they were both exchange students in the city of Perugia.

Knox, 24, and Sollecito, 27, have denied wrongdoing and have appealed. The evidence review was granted at the request of their defence teams.

In the first trial, prosecutors maintained that Knox's DNA was found on the handle of the kitchen knife and Kercher's DNA was found on the blade. They say Sollecito's DNA was found on the clasp of Kercher's bra.

But the independent experts told the appeals court that the collection of evidence fell below international standards and may have resulted in contamination. They used slides to refer to international protocols for the collection and sampling of evidence, including one from the U.S. Department of Justice and others from various U.S. states.

One of the two experts, Stefano Conti, cited dozens of cases of forensic police entering the crime scene or coming into contacts with objects there not wearing protective equipment such as masks or hair caps. He said that while evidence should be wrapped in paper or kept in a paper bags, police often used plastic bags, heightening the risk of contamination.

"There are various circumstances do not adhere to protocols and procedures," the forensic expert told the court.

In footage and frame grabs shown to the court, two police officers collected the bra clasp, and the glove worn by one of the two appeared to be dirty on two fingers. Conti noted the bra clasp was collected 46 days after the Nov. 1, 2007, fatal stabbing of the 21-year-old Kercher.

"Over those 46 days, several objects were moved, and in at the same time several people will have come in and out," he noted, again stressing the risk of contamination.

The other expert, Carla Vecchiotti, explained to the court that the genetic profile on the knife's blade that was attributed to Kercher is dubious and cannot be attributed with certainty. She said no blood traces were on the blade, and that the original testing did not follow recommendations of the international scientific community for dealing with DNA testing.

Vecchiotti said the review concurred with the original testing in saying that the genetic profile on the knife's black plastic handle could be attributed to Knox. The knife was found at Sollecito's apartment. Kercher's body was found at the apartment she shared with Knox.

The hearing Monday was a tense one, with the parties frequently challenging the experts. The typically calm Claudio Pratillo Hellmann, the presiding judge, at one point slammed his hand on his desk and shouted, "Quiet!"

The independent experts, both from La Sapienza University in Rome, will be questioned and cross-examined in the next hearing, scheduled for Saturday. That will be the last hearing before the summer break.

The full review, a 145-document obtained by The Associated Press, was filed to the Perugia court last month.

Defence lawyers immediately welcomed the report, hoping it will boost their clients' chances of overturning their convictions.

Knox's mother, Edda Mellas, said Monday's hearing marked a good day for her daughter, though she has repeatedly cautioned during the trial that she will only celebrate if Knox walks free when a verdict is reached in late September.

Giulia Bongiorno, a lawyer for Sollecito, said that what had been so far only a defence theory — claiming that there was a risk of contamination and that DNA traces were too low to be attributed with certainty — has now been certified by independent experts.

"These aren't opinions, words. These are images," she said, referring to the clips shown in court.

But Francesco Maresca, a lawyer for the Kercher family, promised that a fierce cross-examination of the experts next week would prove the work of the forensic police had been up to snuff.

He added: "The Kercher family is very worried over this inquisitorial atmosphere around the serious job done during the investigation.""


The story can be found at:

http://www.thestar.com/news/world/article/1030161--glaring-dna-errors-made-in-amanda-knox-case-court-told

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NEW YORK TIMES: EARLIER STORY ON THIS REPORT: JUNE 29, 2011; CONSIDERABLY MORE DETAILED;

Italian Experts Question Evidence in Knox Case
By ELISABETTA POVOLEDO
Published: June 29, 2011

ROME — A report by forensic experts filed with an appeals court on Wednesday casts doubt on the DNA evidence used to convict Amanda Knox and her Italian ex-boyfriend for the 2007 murder of a British student. Lawyers for the defendants said the development significantly improved their chances of winning their appeal.

In a 145-page report filed to a tribunal in Perugia — and immediately leaked to the news media — two court-appointed independent experts said that the collection and testing of DNA traces in key exhibits were below international standards and that the evidence might have been contaminated.

Ms. Knox, 23, from Seattle, and her co-defendant Raffaele Sollecito, an Italian, were convicted in 2009 and sentenced to 26 and 25 years in prison, respectively, for the murder of Meredith Kercher, 21, a British exchange student at the University of Perugia who shared a home with Ms. Knox. Both have denied wrongdoing and their appeal trial started last November. An Ivorian man, Rudy Guede, was also convicted of the crime and sentenced to 16 years.

After Ms. Kercher’s half-naked body was found in her bedroom, her throat slit, on the morning on Nov. 2, 2007, prosecutors said she had been killed in a sexual escapade that spiraled out of control.

The forensic experts — Stefano Conti and Carla Vecchiotti from Rome’s Sapienza University — were appointed by the court after the defense requested an independent review of DNA traces found on two central pieces of evidence: a knife that prosecutors claim was used to kill Ms. Kercher and a bra clasp that belonged to the victim found on the floor at the scene 46 days after her murder.

During the first trial, experts for the prosecution determined that a small sample of Ms. Kercher’s DNA was on the blade of the knife — which had been found in a drawer in Mr. Sollecito’s kitchen — while Ms. Knox’s DNA was found on the handle. And the bra clasp, the first trial experts said, showed traces of Mr. Sollecito’s DNA.

In the report filed on Wednesday, the court-appointed experts concluded that while Ms. Knox’s DNA was in fact on the handle of the knife, the tests on the blade were “not reliable” because the correct international protocol for tests on small samples, called low copy number DNA analysis, had not been followed. The results were therefore inconclusive.

“The genetic profile, as obtained, appears unreliable because not supported by scientifically valid analytical procedures,” and so cannot be positively identified as belonging to Ms. Kercher, the report said.

The experts also said that both the knife and the bra clasp had been collected and handled without following international procedures, and that “it cannot be ruled out” that the evidence had been contaminated and that the conclusions were untrustworthy.

Defense lawyers on Wednesday said the report was further proof of their client’s innocence.

“Two key pieces of evidence have been destroyed,” said Carlo Della Vedova, one of Ms. Knox’s lawyers, who said that prosecutors would now be hard pressed to put his client and Mr. Sollecito, 26, in the bedroom. The report, he said, shows that “Raffaele was never in the room and that the knife is not the murder knife,” thus undermining the prosecution’s case.

Giulia Bongiorno, one of Mr. Sollecito’s defense lawyers, said that the defense had insisted from the start that there had been “errors and contamination” in the forensic procedures, and that the report and its indictment of the methods used to collect and test evidence was vindication of their suspicions. “There were no motives, no witness,” she said. “There was only the DNA, and now that has no scientific value.”

But others played down the report’s findings.

The lawyer for the Kercher family, Francesco Maresca, countered that the word of the independent experts would not be the last word, and said he would raise his objections during the last week in July, when the report will be formally discussed during a week of hearings.

He said that the scientific police and the consultants who carried out the original tests had far more experience than the independent experts appointed by the court. “I was surprised that these experts were so certain, and gave such strong, drastic opinions, given that they don’t have the same number of years of experience under their belt,” Mr. Maresca said.

Other accusers of Ms. Knox and Mr. Sollecito said that the DNA was just one piece of evidence in the case that they built against them, based on various testimonies, their lack of an alibi and what prosecutors say is other damaging physical evidence, which has not been reviewed. During one interrogation, Ms. Knox allowed that she was in the house when Ms. Kercher was murdered, an admission she later retracted, saying she had spoken under duress.

“The first jury decided looking at a wide range of evidence, the DNA was only part of it,” said one prosecutor, who was not authorized to speak publicly about the case. “Everything else still stands.”


The earlier New York Times story can be found at:

http://www.nytimes.com/2011/06/30/world/europe/30knox.html?scp=2&sq=%22amanda%20knox%22&st=cse
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PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;