Prof Peter Gill DNA expert on the Amanda Knox case
#AmandaKnox case BBC Radio 4 asks about the mystery untested stain found at the crime scene. The audio clip plays on any phone :
Who killed Meredith Kercher ;- Professor Peter Gill and Prosecutor (leading forensics expert UK) and Giancarol Costagliola (prosecutor) and Ruth Alexandra (BBC Radio 4).
Background ; Sollecito's lawyers asked Professor Vinci to examine the stain found on Meredith Kercher's pillow case. His conclusion based on a visual inspection was that this fluid was semen.
However, inexplicably Prof Vinci did not (or was not allowed to) chemically examine or DNA test the stain. He used only UV light and visual inspection in his examination.Its worth pointing out that all sides want this stain tested now but didn't right at the beginning of the trial.
So why does the prosecutor Mr Costagliola refused to test the stain?
In the audio clip The prosecutor refers to it as semen (as if he knows, it is semen). But the prosecution have not confirmed or denied if the stain was DNA tested. If they confirmed it had been tested obviously the defence would request the DNA profile. so this may be a tactic.?
The prosecution by not confirming or denying that the semen stain has been tested has created an obvious injustice and new grounds for appeal.
The court of appeal has refused requests by Sellecito's lawyer to test . This has left almost everyone asking why did the court do this?
It may be because :Sellecito's lawyers left the request for tests until the very last second in the proceedings, at a point when the case was virtually over ? The fact is the court refused tests on the pillow case stain.
In the audio clip Prof Peter Gill comments on this remarkable court decision.. The test according to Gill could exonerate both Knox & Sellecito. So let's zoom in.
If the DNA profile came back unknown male. The defence would then apply to the court for a court order to force police to trace this second man at the crime scene, Mr X.
If the second man turned out to be an ultra violent drug dealer and friend of Rudy Guede everything would make sense and it would be a jackpot for the defence.
Note : if this proposed second man was in the mafia Guede would be killed in prison if he had disclosed Mr X to police. (The mafia don’t approve of that kind of thing )
A Mr X (a second man), helps Knox and Sellecito because the prosecution's multi attacker theory no longer needs to invoke Knox and Sellecito. Rudy and a second man will do nicely, thank you. This over comes the problem of the autopsy findings of 2+ attackers (accepted by the court).
If a Mr X shows up AK & RS are no longer the only candidates as assistants to Rudy Guede. The court found Guede could not have acted alone so Knox and Sellecito must have helped in some way. However, a second man changes every conclusion.
Next… If the second man is placed at the crime scene he would be the prime suspect to be the person who returned to move MK and stage the break-in to frame Rudy Guede. Again in the court's reasoning only AK & RS could have returned to move MK (Rudy was in a disco).the other housemates were all away on holiday or accounted for.
The autopsy found MK was moved. MK was in one position for some considerable period of time. Then some person (s) the killer (s) returned to move MK to a position laying flat. The autopsy found MK did not expire in this position. Rudy at this time was in a disco. So the court asked who could it be that returned? Knox and Sellecito again were the only candidates. Add a Mr X and that pillar of the prosecution's case crumbles to dust. .
This is the key "iditsy" (or chain of clues) the reasoning that impressed the jury and the judge, Rudy left quickly his footprints all pointed out to the exit of the house. So he did not stop to lock MK 's bedroom door so who did? Many foot prints are missing so who cleaned them and why?
Guede went home then went out to a disco (verified fact) The court reasoned only Knox and Sellecito could have returned and moved MK and removed items of clothing and then stage the break-in to frame Guede this was a time consuming task..
The killer cleaned some footprints using light from a desk lamp this activity would have been very laborious and took place after MK had been moved. Only the killer would have a motive to return.
Note; Rudy Guede admitted he was there but denied he was the killer and told police the semen found was not his. Looks like he was telling the truth as no semen from Rudy was found anywhere. [Source the court papers] [Back up Harry Rag]
Motive of staging The retuning killer (s) was attempting to set Rudy up as the lone killer. MK died fully clothed wearing her jacket. (But found all clothes removed). The killer returned and removed all of the clothes even socks to make the motive look like rape, the rock break-in made it look like Guede as the rock was his MO. However Police were not fooled. The court found the break-in was staged.
If a second man is found Mr X would be the new prime suspect as the stager of the CS to frame Rudy. There would be no need to invoke Knox and Sellecito. .
As Prof Gill points out in the audio clip the DNA evidence is unreliable.
Once we reject the DNA audio clip prof Gill.. This leaves only the circumstantial evidence the chain of clues. A second man at the scene as explained above undermines that. Leaving what ?.
Why is Knox dithering on the semen stain tests? Amanda Knox defence relies upon the single attacker theory. On twitter Knox supporters claim any semen stain tests are futile because they must be from Rudy Guede.
Its clear another male is in the room forensically (1) the semen Unknown male (2) DNA on bra clasp unknown male (3) fingerprints found in MK 's bedroom untraced (4) footprint on bathmat does not match Guede or Sollecito
On the one hand, Knox supporters want tests but only to the extent that they prove their single attacker theory was correct all along. . Sellecito wants the tests to find the second killer (this makes more sense) for some reason all sides fear tests… the million dollar question is why?
IMAGINE IF YOU CAN a murder case where semen is found under the victim and seven years later has not been tested.
Many observers think.. tests on the stain must have been done so here is the logic. Its not from Sellecito (police would have told the world). Was it from Lamumba? And was it from Albanian drug deal Kokomaini who was relevant because he spoke to Guede night of murder like his car wasneen parked in drive. he told police he was there. Kokomain fled to Albania just after the murder.
So why not test thebsemen ?
If from Rudy Guede. Police would have told the world because disclosure would remove the allegation that the police are hiding evidence that could help the defence.
Taking into account the prosecutor's explanation in the BBC audio clip the stain is most likely from an unknown male. As police claim they have not yetbtested the semen found under the victim. Its an unknown male.
If, as Gill says this profile turns out to originate from a man with no innocent explanation for being in MK 's bedroom. This would be a jackpot for Sellecito. and Amanda Knox.
Ultimately the tests are important to the Kercher family to rule the stain in or out as important. Closure will come after seeing the killer in dock and in jail, the appeals are still ongoing.
The police could easily test and eliminate MK's boyfriend an Italian man who lived down stairs in seconds. If it is him why hide that fact? it’s a murder case disclosure is vital to justice. A few blushing wall flowers tut tuting over the satin are no excuse to not test it… if the killer goes free and innocent persons go to jail it’s a massive miscarriage of justice.
We may never know what happened on that night but the case is so far from over and as things stand Knox and Secellito have been found guilty awaiting for the verdict to be confirmed. they will file a response to the appeal court this is their only possible grounds for appeal.. so lets wait and see.
(June 2014)
The full bbc podcast is available online #amandaKnox