a smaller knife would have been compatible with all of the wounds as well as the imprint
(Massei, 170) seems to disagree (although I could be misreading it), but I welcome any counter-arguments.
The argument there is pretty weak: Massei and Cristiani simply find it hard to believe that a single knife could have caused such different-looking wounds. Not much more than an argument from personal incredulity; they don't support it with any detailed arguments or expert opinions indicating incompatibility of a smaller knife. In fact, they proceed to argue at length that Item 36 itself is compatible with all the wounds, by disputing the defense arguments that it is incompatible with some of them. (For counterarguments on this, see pp. 36-51 of Knox's appeal document, and pp. 20-23 of Sollecito's. Since you cited the original page number of Massei, I'm guessing you can read Italian. If not, I can provide translations. Briefly, the important things to note, besides the object-level defense arguments themselves, are that prosecution expert Bacci "disavowed" his earlier judgement of compatibility, and that civil-party expert Liviero wasn't even aware of the defense experts' counterarguments and hadn't considered them.)
The closest thing to evidence for (the knife being bleached) is that a police officer claimed to have smelled bleach upon opening the drawer that the knife was in. (That doesn't distinguish the knife in question from the others, needless to say.)
I disagree: "Let me state beforehand that it was extremely clean" (Massei, 99)
Such a statement strikes me as extremely weak evidence, likely tainted by hindsight among other things. Bleaching is the kind of thing you establish with chemical tests, not someone's judgement of "looking clean".
The innocent explanation is that (Raffaele) had been told about the knife DNA result, and believed it.
I give the odds that he would tell such a lie if guilty as .1, and if innocent as .001; what odds do you give? Why would Raffaele believe the DNA result? He's more likely to believe it's not the murder weapon if he's innocent, and also less likely to lie if innocent.
Firstly, since we don't have the transcript of the interrogation, we don't know that it was a "lie". It could, for example, have been an exchange like this:
-- We found Meredith's DNA on a kitchen knife in your house!
-- Well, I guess she must have come to my house and pricked herself, then!
But in any case my probability that he would make up some story similar to this (or otherwise say something that would likely be reported as him making up such a story), given (1) innocence, (2) that he had been told about the DNA result, and (3) had demonstrated confusion about his memories elsewhere (e.g. suggesting at one point that Knox had gone out on the evening of the crime), is in the region of 50%. People tend to trust authorities, and defying the data is an advanced rationalist skill that cannot be counted on, especially in the face of shouting policemen. From what I understand, it is relatively easy to get people to make things up in stressful interrogation situations.
I think if she's innocent, reacting to the knife like that is about .05 likely, and if she's guilty, about .005 likely. What odds do you give? You wouldn't be more likely to react strongly to an otherwise-irrelevant event if you knew it was going to practically end your life?
(I assume you meant to reverse those numbers.) Let's make sure we agree on what event we're referring to. My assumption was that you were talking about Amanda's distressed reaction when an officer opened up a drawer containing knives in her cottage (i.e. not Raffaele's apartment -- nothing to do with Item 36). I don't understand why this event would have any life-ending import. I'm not aware of any similar story regarding Item 36, the closest thing being an expression of concern about it to her parents at one point. Very plausible innocent explanations for both include, in the first case, distress at Meredith's demise primed by the sight of knives, and in the second, the knowledge that she had handled the knife while cooking.
(I predict that if you took 100 young females and put them into a situation where they knew a friend or roommate of theirs had been killed with a knife by an intruder, and then showed them a drawer full of knives, the number of those who would react with visible emotion would be well into the double digits.)
My reasoning: suppose a chef grabs a knife in cooking position ten times and nose-picking position once. Suppose further DNA is only found in one spot. It's probably ten times more likely that the DNA is found in cooking position, and that his unhygienic habit will remain undetected (aside from the giant nasal scars).
This seems to be an argument against the proposition that Amanda used the knife for cooking more than for stabbing. But that seems unlikely to be sound, since even if it was used for stabbing at one point, it had presumably been used for cooking a fair amount before. It was a kitchen knife after all, and Amanda had spent a lot of time at Raffaele's apartment.
In any case, this kind of inference seems like it is subject to tremendous uncertainty. How much difference is there between cooking positions and stabbing positions anyway? Surely there are any number of ways to do both. Why 10:1 or 2:1, instead of 3:2 or 10:9? As a matter of fact, I'm curious in general: what sort of evidence of guilt would have a likelihood ratio below 2 for you?
But in this situation "knowing the knife isn't a murder weapon" doesn't come close to being necessary for innocence.
I disagree: not necessary, but probable, by a factor of >10 IMHO.
Can you explain this more? Why should an innocent person have knowledge of what the murder weapon was or wasn't? If she were innocent, why should she, under the circumstances she was in at the moment, with the information she had, doubt Raffaele's guilt any more strongly than she indicated in the diary excerpt (already fairly strong, IMO)?
I'm more concerned by: “This could have happened: Raffaele [killed Meredith] and then, having come back home, pressed my fingerprints — I was asleep — onto the knife", from London Times
That is almost certainly just a mistranslation of the passage I quoted above (in its original form). See here and here (#8). (Admittedly, I haven't found a "neutral" source explicitly recognizing this mistake, but it is extremely plausible a priori, not surprising at all that the media wouldn't bother to correct it, and moreover no one can produce photographic evidence of the second version, unlike the first. Even the guilters use the version I quoted.)
Subscribe to RSS Feed
= f037147d6e6c911a85753b9abdedda8d)
I wouldn't have expected us to have made much progress on mind-changing by this point, since we've only had a couple of iterations of back-and-forth; and moreover we've been starting to succumb to the danger of going "shallow and wide" (i.e. listing disagreements on many different aspects of the case) rather than "narrow and deep" (i.e. trying to iron out a particular important point of disagreement). For instance, I think the contrasting opinions on the wounds, or inferences about how the knife was held, are areas of lesser importance, which we probably don't even need to get into at this point, since there are much more important issues to focus on (such as how likely contamination is, or the incompatibility of the stomach evidence with the prosecution's hypothesized time of death).
So making progress would probably require us to pick a small number of narrowly-defined issues to hash out, one at a time.
Here's an important question to assess whether we've said anything important yet: has anything I've said surprised you?
That may be right, so if we do continue further it will be best to try to avoid that pattern. In any case, I think it's probably worthwhile for me to at least state for the record what I believe to be the most important arguments for innocence, so I'll go ahead and do that. Here are what I would consider to be the three strongest arguments for innocence, from a starting prior of "Knox and Sollecito have been convicted":
(1) The hypothesized crime would be so singularly unusual as to make a miscarriage of justice a priori as likely as guilt, even without knowledge of defense arguments. In other words, the base rate of crimes in this reference class is less than or equal to the base rate of wrongful convictions.
(2) Guede is unquestionably guilty. Hence, Meredith Kercher's death itself does not require explanation. (There is furthermore little connection between Guede and either Knox or Sollecito.)
(3) The stomach evidence is incompatible with a time of death much beyond 9:00 - 9:30 pm, given the testimony from Meredith's friends about when her last meal took place. Yet there was activity on Sollecito's computer at 9:10 pm according to Massei-Cristiani, and 9:26 pm according to Sollecito's appeal.
(Note that although (1) is in principle screened off by detailed knowledge of prosecution and defense arguments, it is effectively preserved in the form of arguments about lack of motive, lack of criminal history, demographics, etc.)
Now here's what I predict about where this would lead us. Pursuing (1) would lead us to a discussion very similar to the one we've been having about the base rate of contamination. Before we started the discussion I would have been most curious about your response to (2), but given your numbers on the knife evidence it seems pretty clear that you think the evidence against Knox and Sollecito is strong enough to overcome my prior against Knox and Sollecito's guilt given Guede's (whatever yours is). That leaves (3). I'm not exactly sure what your reaction will be, because I don't know how aware you are of this line of argument already. I suspect I could probably get you to agree that it would be extremely unusual for no food to have passed into the duodenum 5 hours after a meal (as required by the prosecution theory), even conditioned on the already unusual fact of none having passed after 150 minutes. However, I can't predict how far you will lower your probability of guilt as a result.
I don't think I would have a problem positing that the expert report constitutes 50:1 evidence in favor of contamination, possibly much more.
This is interesting, because it seems to me that you're giving too little weight to Conti and Vecchiotti. I would be curious to know specifically whose opinion I should be weighting more than I am, and what information you think they are likely to have that I don't. For example, I don't see why I should give particular weight to Massei and Cristiani's opinion, given that they made their reasoning plain in their 427-page report, and I can read it and decide what I think. And why should I trust Stefanoni, in light of what Conti and Vecchiotti say? Should I take seriously Edgardo Giobbi's assertion that his psychological profiling techniques are effective, when he has admitted to attaching significance to the fact that Knox and Sollecito were seen eating pizza? And Mignini, of course, has the Monster of Florence issue.
The only person who was actually "there" is Rudy Guede; is there any particular reason I should believe him?
Anyway, basically, my feeling on whether to proceed is the following: I don't consider it particularly costly to proceed, especially if done in a relaxed, low-key way. There's no particular urgency, beyond that automatically entailed by the quest for epistemic accuracy. It might be more effective to "drag it out" over a more extended period, and exchange fewer messages per unit time, than to try to accomplish mind-changing in a short intense session (which has more of a danger of feeling like a comptetition anyway).
I appreciate your saying this, however far we end up carrying the discussion, and I hope you still feel able to say the same at the end (if that turns out not to be now).
Sounds good, like you suggested let's cover the time of death, and also continue to go deep on the question of lab contamination.
It hasn't been predictable, but it hasn't caused me to shift significantly in favor of innocence or guilt so far. I did learn I was wrong about which knife Amanda reacted strongly to, but that's within the bounds of how many errors I expected to be making here.
I haven't looked into this much. According to Massei, Umani Ronchi, a court-appointed expert, testified that a farinaceous meal takes 6-7 hours for gastric emptying, and additionally that it's possible some of the food passed into the duodenum but then, after death, slid into the small intestine. Massei also claims that even Vinci agreed with the range of 18:50 - 4:50 for time of death. Did the defence experts take into account the composition of the meal, or testify that sliding of the food after death is unlikely?
OK, what are the odds that a small dna trace left by "stabbing + cleaning" would test positive for blood, and what are the odds a small dna contamination to the knife would test positive for blood? (By the way, do you have a specific contamination hypothesis in mind?) In both cases, keep in mind only one "small zone" of the striation was tested for blood, and the rest of the striation was consumed in DNA analysis.
Sounds like she didn't document everything; how much are you shifting based on this? Part of the problem is I don't know how much the average technician documents, so I don't know how usual or unusual this is. If nobody documents everything, but we still see a .02/homicide contamination rate, then Stefanoni's not documenting doesn't change anything.
Can I get a source for Stefanoni's admission? Is this from the report?
Is this also from the report? Have you translated this part yet?
I gave a .05 chance that, if there was a cross-contamination, it would have been of Meredith's DNA. Are you giving a different probability?