We know that Guede is guilty. I don't recall evidence that Meredith Kercher was restrained. LIke I said, It seems like a case-closed situation today, or is there something else?
Much was made in the Masei report that Meredith had almost no defensive wounds; highly irregular for an attack at knife point. This suggested to the court that Kercher had been strangely immobile during the attack, with her neck passively exposed.
In addition, there was extensive bruising on her arms, as if someone had rougjhly pulled them from behind, while at the same instance holding a knife to her throat, on both the left and right side. To the convicting court, this sent a clear and unambiguous signal that Guede simply could not have been a lone attacker. The imprint of smaller female-sized finger tips was noted as well.
In addition, Kercher had marked bruising around the nose and especially on the gums and lips; and also bites on her tongue. The court viewed these as indications that hands were covering her mouth roughly while also holding her at knifepoint: Again a signal of multiple attackers.
I cannot dismiss all of that material as the Hellman court apparently did. The accusations that the American PR machine influenced Hellman were duly noted. This was his first criminal ruling and unlike the civil cases he was familiar with.
SOURCES:
The head and neck injuries were the most significant and included small spots
inside the eyelids indicative of asphyxiation, a bruise to the cheek possibly caused by a knife point, bruising on the nostrils and trauma to the lips suggestive of silencing or suffocation efforts, biting injuries to the tongue, bruising and abrasions on the lower jaw indicative of a hard compression by hand, and neck swelling and haemorrhaging with pools of blood left inside the lungs as a result of two significant knife wounds.
11-01 Meredith Kercher sustained 43 wounds during the assault that killed her. (Perna closing arguments 2009)
1-02 She had 10 knife wounds and 33 other wounds. (Lalli 2009)
1-03 She had at least 15 bruises: on her mouth, nose, cheeks, jaw, neck, elbows, right forearm, small of her back, left thigh, and right lower leg. The bruises indicate she was not only restrained, but also kept from screaming for help. (Lalli 2009)
1-04 Some of the bruising on Ms. Kercher was in the shape of fingertips, with some fingertips being smaller, of a woman’s size. There were no ligature marks. (Lalli, Marchionni, Codispoti 2009)
1-05 Some of the neck bruises indicate Ms. Kercher was being choked at some point during the assault. (Liviero 2009)
1-06 The internal vaginal bruising suffered by Ms. Kercher happened before her death and was violent. (Lalli, Marchionni 2009)
1-07 She had only 2 major knife wounds, one on each side of her neck. The remaining knife wounds were minor. (Lalli 2009)
1-08 The wound on the right side of her neck was narrow and deep. The wound on the left side of her neck was wide, large, gaping and fatal. These two wounds were likely made with two different knives. (Bacci, Politi, Codispoti, Mignini 2009)
1-09 She had another knife cut just below the gaping wound on the left side of her neck. (Lalli 2009)
1-10 She had 3 other glancing knife wounds on her neck and cheeks. (Lalli 2009)
1-11 She had 3 small cuts on her right hand and one small cut on her left hand. (Lalli 2009)
1-12 Her defensive wounds were virtually non-existent, especially when compared with other single-attacker knife attacks, where knife wounds on the hands and arms are prevalent. (Cingolani, Codispoti 2009)
1-13 The wounds were compatible with an assault by multiple persons (Cingolani, Codispoti, Lalli, Liviero 2009).
1-14 Bacci, Lalli and Liviero testified that the wounds could not be ascribed with 100% certainty to a single person or multiple person assault. However Lalli and Liviero preferred the multiple person assault scenario, given the quantity and different types of wounds. (Bacci, Lalli, Liviero 2009)
1-15 Lalli confirmed under questioning by Judge Massei that if the rape happened during the assault, then the assault had to be carried out by more than one person. (Lalli 2009)
