07/18/2008 07:01 PAGE CASSANDRA STAMM ESQ. 2064471427 1 02/21 FILED 2 JUN,252010 3 COMMISSION ON JUDICIIU ~CONDUcr 4 5 6 7 BEFOItE ~ 8 COMKISS:ION ON JUDICIAL CONDUCT OF THE STATE OF WASB!N'GTON 9 10 ! I In re the Matter of, ; 11 The Honorable Michael Hoavey, 12 Judge of the King County Superior Court. 13 14 i NO. 5975-F-145 ~ i I ANSWE~ I TO STATEMENT OF CHARGES ~ t? j _._,., - ,,-,_... _ -----------' ..... .. , 15 Pursuant 16 17 to Rule 20(a} of the Commission on Judicial Conduct Rules of Procedure (hereinafter "CJCRP"), the Honorable 18 .King County Superior court Judge Michael HeaVey hereb:{ answers 19 the statement of Charges filed in the above cause on June 3, 20 2010. 1 21 I. 22 23 24 Michael aeavey admits he is now a.nd was at all times referred to in this Answer and the statement of Charges a King county Superior Court Judge. It is the distinct hono:t: of 25 26 1 The Statement of Charges was s~9ned on June 3, 2010. Judge Heavey was serV'ec:i therewith on. June 7 f 2010. This Answer is timely filed. ANSWER See, CJC~P 20 (a) o . - 1 Law OBim of CusaDdra Stamm, PLLC BlInk of America 'fiml. Avmue Plaza 800 FinbA'Vemle, Suite 4100 Seattle. Weshingt0l19810tl. tel: (206) 264-8586 /ax: (206) 447-1427 . , I B'r"f18f2BB8 B7: 81 pal'~ANSWER PAGE .2a54471427 casseunae STAMM ES Michael 'Heav_ey's professional career to be a member of the judiciary of the State of Washington. I both the study of law and the judiciary with an earnest belief that he could thereby bring forward Truth and effect Justice. Judge Heavey has worked for nearly a decade to foster justice 'and the rule of law by attempting- to remain absolutely independent, fair, and Competent in his judicial capacity. But in 'addition to being a Judge of _the King County Superior Court, Michael Heavey is a father of three, a husband iof twenty-five years, and an involved member-of his community .with a_strong commitment to human and legal rights. Michael Heavey grew up in" Seattle, 'graduating from Garfield High School. "Prior to becoming a judge, Michael Heavey served his country as an Army officer in Vietnam (where he was decorated with a Bronze Star, Air Medal, Good Conduct Medal, and an RVNT Cross of Gallantry), served for eight years as a_ Washington state representative, and six years as a senator. During _the summer of_ 2008., the Case of Amanda Knox was brought to Michael Heavey's attention. a Amanda Knox. was a college student from Seattle accused of murdering another young ,_woman in Perugia, Italy. Amanda-Knox went to high school with Michael Heavey's daughters and her parents lived less than a mile from Michael Heavey and his family. Over time and through a variety of sources including Amanda Knox' family, Michael Law Offlces of Cassandra Stamm, PLLC -- Bank of An-mica Finn Avenue Plaza 800 Pink Avenue, Suite 4100 Seattle. Washington 98104 tol: (206) 264-8586 fax: (206) 447-1427 Judge Heavey entered. BEM21 i -. a?x1sz2aae a?:_obligated to attempt'to right these wrongs; - I PAGE STAMM Eso. Heavey learned a lot about Amanda Knox, the case against her, and the Italian legal system. some of what Michael Heavey learned was widely publicly known but much of it was not. in short, what Michael I-Ieavey learned about the" Amanda Knox case led him to an informed conclusion based in part on his own. experience and research. that .what was happening' to Amanda Knox in. Italy 'was an. absolute affront to .Truth. and Justice. As he wrote at the time, Michael Heavey feared Amanda Knox "was in" grave danger of" being convicted' of the-murder because of illegal and improper poisoning of nublic opinion and judicial opinion." i Upon learning all that she did, and coming to the conclusions that he did, Michael Heavey could have sat back and done nothing but he instead felt ethically and morally compelled to act. Under the circumstances, Michael Heayey felt I ,He tried to do just that, no more and no less. Some have questioned whetheri furthering the ends of justice and seeking truth is "the-office of'a Washington State Superior Court judge?" In this instance, under these singular hand unique facts, Judge Michael Heavey answers 'yes.' II. connect RISE mo/gag cuaggas Michael Heavey has always readily admitted that he wrote letters on stationery identifying' himself_ as a King County Law Offices of Cassandra Stamn, PLLC Ea-|1l< Of America. Fifi}! Avenue Plaza 800 Fifth Avenue, Suite 4100 Seanle. Washington 98104 tel: (205) 264-3536 fax: (206) 447.1427 zumsmza 4 -- 3 84.321 a?:a1 2a544?142? PAGE 1 Superior Court Judge to persons in Italy associated 'with'the' 2 Amanda case.1 Michael Heavey also readily admits that 3 thereafter he spoke publiclv about Amanda Knox' case. -Indeed, 4. these. matters came to the attentionof the Commission because _5 Judge Heavey self--reported them.- 6 Judge I-leavey wrote his -letters and spoke out regarding the 'Amanda Knox 'cause in an attempt to live up to his own high' 9 ethical standards and to try to ensure that at least basic p10 principles of fairness would be observed by Italian officials. 11 Having observed -what was "clearly unethical and unlawful Conduct, in violation of' established standards of American and 13 Italian law,' Judge Heavey sought to take appropriate action by 14 writing to involved I individuals and the appropriate -15 disciplinary authcrity. When speaking publicly, Judge I-Ieavey 16 acted witha good faith belief thathe was exercising his "First" 17 Amendment right as a Citizen to freedom of speech. 18 Both in his letters andpublic statements, Judge Heavey's 19 primary intent was always to advance the public interest in 20 justice and due process; The reason Judge Heavey was spurred 21 to action was that Amanda Knox was not being _treated fairly,. 22' her rights were _denied_,. legal 'and ethical. standards were'. short, injustice was occurring.. This injustice 25 was t_he primary aim of Judge Heavey's actions and public .26 True and correct copies of the English translations cf these I ANSWER - 4 . letters, as sent in Italian on Judge I-1eavey's letterhead, are attached hereto. as Appendix A. Law Offices of Cassandra Sumun, PLLC Bank of Fifih Avenue Plaza 800 Fifth Avenue, Suite 4100 South, Washington 9810-4 :21: (206) 254.3535 fl-Ia: (206) 447-1427 'a5x21 B7: 81 7n\J (J) UXU1-P 3-- I910 13 23 24 25 26 285447142? - ESQ. PAGE comments.' Of course, it could also be said that these actions and puhlic comments were aimed in some part at Ms. Knox' private interests. This private interest was incidental to the public interest in justice and fair proceedings that'was the primary concern of Judge Heavey. In his letters and public communications, Judge I-Ieavey could have more, clearly. stated "that. the observations and opinions stated therein were his personally and not necessarily those of the Court." At the time he wrote his letters, Judge 'Heavey was unaware that a judge could instead have personal stationery printed which bears the title judge but which would not be confused with official stationery.i In these respects, Judge Heavey agrees that his communications could have been better framed. in order' to avoid any' possible- misunderstood appearance of impropriety." Judge Heavey has taken steps to correct any misconceptions.his letters might have.had in this regard. I . Basis Eon comM_:I:ssIon ncrrou "Michael Heavey agrees wholeheartedly that an independent and Ihonorable judiciary' is indispensable to justice in. our. society. Judge 'I-leavey has dedicated a good 'portion of his 1 See, Ethics Advisory Committee Opinion 86-15 (1986). 2 Whether such a misunderstanding actually occurred. is unknown, -though perhaps it is worth noting that such a misunderstanding is less likely when the person receiving thee communication is a member of the legal system rather than a lay_person. see, Ethics Advisory Opinion 02-16 (2002). "Law om.-.es of Cassandra Stamm, PLLC Bank of America Fifi}! Avenue Piaza 800 Fifih Avenue, Suite 4100 Seattle, Washington 93104 tel: (206) 264-3586 fax: (206) 447-1427 . - 5 EEJ21 a7x1sx2aas a?:a1v 2354471427 n--I 0 ha INJ La.) en LII -1- ON n--I )j GO 3-4 CD -IQ Ix} Ln'provisions; CASSANDRA STAMM Esn. PAGE life, professional and otherwise, to establishing, maintaining and enforcing high standards_of ethics and conduct. I Michael Heavey _is also governedn by other' more general standards of ethicala conduct.1 As a father, 'husband, and citizen Michael Heavey aspires to do his best,.in action and speech, to effect Justice whenever he has_the means to do so consistent with all his ethical obligations. The Code of Judicial Conduct allows for such aspirations even if they_may be in some degree in tension with the Code's Under it's own terms, the Code is to be applied' i"consistent- with constitutional requirements" and "in the context'-of all relevant -circumstances." The Code to be applied reasonably and not every transgression_is intended to result in disciplinary action. The Code of.Judicial Conduct encourages judges to- speaki and ,participate in _activities concerning the law; the legal system, and the administration of. justice.2 in I The Code requires judges take appropriate action when they_ become 'aware that another judge or a lawyer -has committed violations of the law.3, Appropriate action under the Code may include contacting the offending lawyer or his' supervisor 1 The Code of Judicial Conduct (hereinafter "is not intended as an exhaustive guide for the conduct of judges. They should also be governed in their judicial and personal conduct by general ethical standards." CJC Preamble. 3 CJC canon 4. Canon Law Dflices of Cassandra Stamm. PLLC Bank of America Eifih Avenue Plaza 300 Fifih Avenue, Suite 4100 Seattle, Washington 98104 mi: (205) 264-8536 fax: (206)447-1427 ANSWER 5 A BTN21 a7x1sx2aas a7:a1 2854471427 I-I I-- 'Kl I--I 00 E3. E3 -25 Ix-3 I0 TO to 'violation of CJC Canon 1. STAMM ESQ. . directly or reporting the violation to another jurisdiction's authorities." The interplay of all a judge's pronibitions,.duties, and 'rights creates a "dynamic tension" with which Judge Heavey has struggled since the Summer of 2008. As described by- our Supreme Court this tension is inherent in the system into which judges'are' elected since "[t]hey remain citizens who are _entitled to enjoy the rights and freedoms guaranteed by the First Amendment, including the right to freedom of speech, yet are forbidden from 'being biased 'or partial, or appearing to lack impartiality,"3 I this tension and struggle, Judge Heavey denies that. he. has failed to" establish, maintain, enforce, or personally observe high standards i of judicial conduct preserving the integrity and independence of the judiciary in Judge Heavey denies that he has acted in a manner that-has undermined public confidence in the _judiciary in violation of CJC Canon Judge Heavey denies that his judicial conduct or judgment has been influenced in any way by the matters referenced herein in violation of CJC Judge Heavey denies that he intentionally lent the prestige of his office to a private interest in violation of' See", Ethics Advisory Opinions 91404 (19911 and 02-15 (-2062). 3 In re-Sanders, 135 Wn.2d 955_P.2d 369 (1998). Law of-Cassandra Stamtn. PLLC Bank of America Fiflh Avcnue Plaza 800 Fifth Avenue, Suite 4100 Seattle, Washington 98104 tel: (205) 264-8586 (205) 447-1427 I -- 7 sor--tI--to--E%ii3i STAMM ESQ. Canon Judge Heavey denies that he testified voluntarily as a character witness in violation of Canon Rather, Judge Heavey took "appropriate action" as is hisi duty to perform his disciplinary function pursuant to Canon right pursuant to the First Amendment. He did all this only because he believed it necessary given the great injustice he observed.in the case of Amanda Knox; RESPECTFULLE SUBMITTED this 25? day of June, 2010 Cassandra L. Stamm, WSBA 29265 Attorney for Hon. Michael Heavey Law Offices of Cassandra Stamm, PLLC 800 Fifth Avenue, Suite 4100 Seattle, WA 98104 i Telephone (206) 264-8586 Signed: Law Ofiicec of Cassandra PLLC Bank ofAmericaF'rfih Avenue Plaza 800 Fifih Avenue, Suite 4100 Seattle, Washington 98104 (205) 26?-8586 fax: (206) 447-1427 ANSWER - 8 Judge Heavey spoke publicly 2us_is his constitutional" 21 87.3183 2888 81 3-or-I KOHOO --I Gs U1 4'3 L-44'r'l 42? . PAGE or I certify that on June 25, 2010, the undersigned served_ the Commission with the above Answer by facsimile (to (360) .586-2918), as provided in 13(c). A hard copy was sent to "the Commission on June 25, 2010, by U.S. mail, postage prepaid, to the Commission at 0.0. Box 1817, Olympia, Washington, 98507. Likewise on June 25, 2010, the undersigned served disciplinary counsel Steven Reisler with the above.Answer_by electronic mail (to and will cause it to be delivered to his office at 4500 Sand Point Way North East, Suite 250, Seattle,_ Washington, 98105, on June 28, 2010. Law Offices of Cassandra Stam, PLLC cassandra'i. Stamm, WSBA 29265 Attorney for Hon. Michael Heavey Law Otfices of Cassandra PLLC Bank of America Fifth Avenue Plaza 800 Fifth Avenue. Suite 4100 Seattle. Washington 98 I04 tel: (205) 264-8586 fax: (7.06) 447-1427 ANSWER 1az21 ?;ig B?f1El/2888 81 ANSWER ESEI. 4 PAGE Appendix A Law Oilicu of Cassandra Stamm, PLLC Bank of America Fifth Avenue Plaza 800 Fiilh Avenue, Suite 4100 A Seattle, Washington 98104 tel: (206) 264-8586 fax? (206) 447-I427 11.321 a?i1ar2aae a?:a1 2a5447142? PAGE 12x21, cossaunaa sraum Eso. l,tvuule<9 Sol, mace eras ta. Euros) June 16,2008 I The Honorable Dr. MATTEINI Claudia I . Lil Guidice di Tribunale I Palazzo di Guiustizia ll Piazza Matteotti ll 06121 PERUGIA I Re: Amanda Knox 7 I 'Dear Judge Matteini, I - I Please allow me to introduce myself. My name is Michael J. Heavey. I live in Seattle and am a Superior Court Judge in the State of Washington, USA. I am married and have three children (ages 28years ofage. We were shocked and saddened, as was the world, to hear about the murder of a beautiful young lady, Meredith Kercher, last November in Perugia. Imagine our shock and dismay to hear that Amanda Knox, our neighbor, was arrested for the murder of Meredith along with two others. It was alleged that there' was a wild drug induced sex orgy and because the victim would not" participate she was murdered by the other 'participants. - . Judge Matteini, have you ever heard news that you just couldn't believe? Well, that is how I felt._ I said, "This is impossible, it cannot be." . - - Judge Matteini, know that you are as dedicated public servant; hardworking, intelligent and very competent. I know you must have been shocked by this horrific - crime that happened in yourjurisdiction and your beautiful city of Perugia. I In June of 2007 I was the presiding judge in a premeditated murder case. I can empathize with how youfeel . Although I am a judge, I write to you as a father of two beautiful young" girls (ages 21 and 18) and a citizen of the world. I feel deep compassion for Meredith Kercher and her family. I write to give you some infonnation about Amanda that you may not know. All three of my children have attended Seattle Prep High' School. My daughter, Shana I i four years with Amanda. Amanda, her sister, her mother and stepfather I live very close to approximately four blocks. Seattle Prep is the shortened form of the formal name -- Seattle Preparatory "School. Seattle Prep was founded by Jesuit priests to prepare students for university work and is over a hundred years old. - I . Seattle has a formal sister city relationship with Perugia. -See I might add that the Mayor of Seattle, The Honorable Greg Nickels, is a graduate of Seattle Prep. I asked Shana, my twenty--one year old daughter, "What do you think of Amanda . Knox?" Because my daughter can, at times, be critical of others I was somewhat -, - BTHIBHQEEB B7: B1 stnmu . PAGE 2as4471427_ surprised at her answer. I-leranswer was, "Amanda is the most genuinel know. She does not have a mean bone in her body." So, why is Amanda in this predicament'? I think part of it is because-0fAmanda's personality. It is hard to articulate, built is a little different. She doesn't necessarily respond to the same set of stimuli as others might. She is candid with people and honest to a fault. For example, if Amandafs mother asked her what she thought if her mother's - new hairdo, Amanda would, if she disliked it, tell her so. Many of us would tell the white lie and say that we thought it was fashionableor attractive; . - When others might feel inhibited, she might instead express herself with candor. For example, when trying out for a musical play in high school she would start singing a song in the hallway between classes- This was startling to some, inappropriate to others, but it was just Amanda being Amanda. Looked at from another point of view it is refreshing and charming. -p - AmancIa's friends think of her as an innocent- She is totally trusting of others. She "walks by herself and takes the bus by herself when many young women do not. One of her friends pointed out her total trust of higher authority. if a police Zofficer told her the moon was made of green cheese she would believe him. Amanda is adventurous and-independent. Not many twenty year olds wouldwork at three jobs to attend eollegepin Italy. Amanda was extremely happy in Utnbria and bored her Seattle friends with how happy she was. I do not condone the use of drugs and spending the night with someone you recently met, but I do not find it to be abnormal- I can only imagine her dismay and shock to have this happiness exploded by the death of her roommate- We were all shocked and saddened by the murder of Meredith. In an Umbrian town where every person had been a stranger, herroommate and closest female friend had been murdered. I remember as a young adult seeing my first dead body -- a drowning victim. It was traumatizing even though it was a person I did not know. Standing kindperson outside of her apartment with Raffaele on November see a person in total shock. When you look at Amandafs conduct after November 2, 2007, please consider that Amanda is a little different; but my daughter, "and many friends, consider her to be 'the most genuinely kind person I know. She does not have a mean bone in her body". You may'thinl< of Amanda as evil and diabolical, at least that is what the press would have you believe. However, she has lived in our community for twenty years before she spent two months in yours. 'We can only tell you she is an innocent, all good and with absolutely no evil. . .. .. -.-- Michael Heavey 12:1! ZJ. FHQGE 1 M21 235447142? ESQ. 'a?I;ax2aae a?:4"An c. In . . PAGE - stoma Esu. . . a7:a1 2ae447142? as five} I 2. 02: (Semi -i-o ['Onorabile Viaeenzaflasbane. /Ufcebltk MMc't'na Primo Presidente Corte di Cassazione onsiglio Superiore della Magistratura Palazzo di Giustizia Piazza av-our 00193 Roma - ltalia Re: Request to remove the Amanda Knox case from Perugia 4 Dear l'Onorabile Vincenzo Carbone: I am a trial judge. what you would call ajudge of the "Tribunale Likeyou, I seek truth and do my best to disperse justice on a daily basis. I have been a student of . the law for 35 years. Dottore, you are a distinguished member, by right of law. of the Consiglio Superiorc della Magistratura (CSM). Pursuant to Article 105 of the Italian Constitution the CSM attends to the assignments, transfers and disciplining of judges. Pursuant to Article 105 I humbly and respectfully request you remove the Amanda Knox case from Perugia. On June 16, 2008, Judge Criuliano Mignini, The Public Minister of Perugia, closed his investigation concerning the horrific murder of Meredith Kerchet. In the 10.000 pages of material were about 80 pages ofAmanda Knox's prison diary. On June 24, 2008, the press in Italy, England and to a lesser extent America reported On only one diary entry. It was reported that Amanda, while in prison, was told she had' a A sexually transmitted disease and she wondered which of her seven Italian lovers she had gotten it from. . It was also reported she had only been in Italy for 60 days. On June 24. 2003, Nick Pisa writing for the UK's Daily Mail wrote. "in the diary Knox, who calls herself Foxy Knoxy, lists seven lovers she-had in Italy (in 60 days). She was told by prison doctors she had a sexually transmitted disease." This information came to the press via the prosecutor's office. the police and prison 0 otlicials. Even if the press accounts were true, which they are not. this is character assassination of the accused. It is aimed at intlaming public and judicial opinion against the accused. This is improper. - The statement is false and misleading. Below is the November 22. 2007 diary entry of Amanda Knox. The original was in English and it has been translated into Italian. "November 22, 15"' day? Last night before I went to bedl was taken down to see yet another doctor I haven't yet met before. B7: 31 - This is by far the worst experience life. I'm in prison for a crime 1 PAGE 1Er'21 2 . an arena Eso. 2as44?142? . He had 171)' fl'0ITl 3 test they took - which positive for HIV. did not commit and I might have HIV. I don't want to die. 1 want to get married and have children. i want to create something good. I want to get' old. .I want my time. 1 want mylife. W1-ty why why'? I can't believe this!' She then wonders from whom she could have possibly gotten HIV. She lists seven people with whom she has had sexual Contact "in general". The first five are obviously not Italians. number 7 is Rafaele Sollecito and number 6 also appears to be Italian- Her diary entry concludes with "Oh please please let it beamistalce. Please oh please let it a not be true. I don't want to die." A week later she is informed she had a false positive ii,' and she does not have HIV. I have attached a copy of the real diary page. i ii; The real diary entry is considerably different than the reports ot'Nick Pisa. She had seven Italian lovers in 60 days? No. She had a sexually transmitted disease? No, but she - was told she was HIV positive. The character assassination of Amanda Knox is improper. The information is false. i Prosecutors in th the press: - United States are prohibited by law from making statements to i) that have a substantial likelihood of heightening public condemnation of the accused; . - 2) prosecutors are further required to exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons associated with the prosecutor in a criminal case from making an extra judicial statement that the prosecutor would be prohibited from making. It is my understanding that Italy has similar duties of prosecutors. Since November 6, 2007, the conduct of the prosecutor, police and prison employees has been to supply False information to the press to inflame public opinion against Amanda Knox, Rafaelesollecito and Patri has been on Amanda Knox. ck Lumumba. The primary focus of the attack The following are just some of the false information fed to the press: 1} Witnesses Saw Amanda washing clothes with a Black man the morning after the crime (Negroid hair was found in the hand of Meredith Kercher, the ii victim); I I Evidence included a videotape of Amanda entering her house the night of the 'l i 'ii murder; i Amanda's grip on the victim was so strong it leit her finger prints on the forehead of the victim; . Sexual violence was perpetrated against the victim; Witnesses saw three people running away from the crime; Rafaele's bloody foot print was found in the victim's bedroom; Amanda's DNA was found on the handle of a knife and the victirtfs on the blade; -- The same knife, tbund in Raf'aele's kitchen, was the murder weapon; Rafaele and Amanda purchased bleach the morning after the crime: or/1er2oos 87181 PAGE 17/21 cassanorta stem ES 10) There was at drug sex orgy involving Patrick l.umuriiba. Amanda-K and Rafaele Sollecito. 'l'l-icse three killed Meredith Kercher when she would not participate. The leader was. the evil Ainanda Knox. Judge Claudia Matieini participated in this false speculation. On November 9. 2007 Judge Claudia Mancini wrote in her official report; "It is possible" to reconstruct what happened on' the evening of November 1 "(M?T?dilh) went into her room with Patrick. after which something went badly. in the sense that. in all probability. Sollecito came in and the two started to try to swap. to which the girl refused" - "There was an initial desire of the three youth toltry some new sensation. 'Above all for the boyfriend and girlfriend, while Lurnumba had the desire tojoin camaily with a girl that he fancied and who refused a In the same news articles that covered Judge Matte-ini's report "Police have accused Knox of helping to hold Ms. Kei-cher down during the sexual assault claiming that her fingerprints had been found on -the British student's face." This is f'alse_ and an improper report to the press by the police. Amanda Knox is in grave danger of being convicted of the murder because ofillegal and improper poisoning of public opinion and judicial opinion. - I respectfully submit that-the prosecutor's office, police and prison employees have made illegal and false statements to the press. These false reports have wrongfully poisoned the well" of public opinion against Amanda. A Perugian judge, Claudia Matteini, was caught up in this false speculation and has repeated and added to the false speculation in her opinions. - Those false information leaks have been fed to a voracious press all to willing to reapeat and-expand them. The primary location of those false press reports has been -Perugia, but as you may well know, have been published throughout Italy and the United Kingdom. . These false reports have -destroyed Amanda prcsurription of inngcence and her Light to receive a fair trial. There are little negative reports or false information concerning Rudy Guede or Rafaele Soliecito. Perhaps because Amanda Knox is an American or perhaps because" she is awornan; the negative and press accounts are about her, not about the other defendants. 1 it is my understanding that there is a close relationship between the prosecutor's office and the judges in Pcrugia. Because of the prevailing public opinion and prosecutor opinion; it would be very difficult for any judge. but especially a Pcrugian judge. to presume Amanda Knox to be innocent". . 'Amanda Knox's lawyers have noknowledge of -my request to the distinguished and honorable members of the Consiglio Superioie della Magistratura. 13/'21 ra?:a1 2216447142? STAMM ESQ. Ihumbl'and .- - . . I in lh?altcniafivenhyoou rufngxe the Amanda Knox case trom Pcrugia 6"Pendent OI Purugna and the ncgatn-'c press Sincerely. . Judge 'Michael I-Ieavney Originals also sent to; 1:011 |/Mag" 1? l'On Berlusconi Delli Priscoli A a?:a1 - _2ae44?1427 at-tomeys are totally unaware of this letter. I cassanoaa srann Esa. 19' 21 -- Qnmlea rt. Serf 171608) Seattle, September 1, 2008 Dott. Giuliano Mignini Sostituto Procuratoredella Repubblica Presso il Tribunale Palazzo di Giustizia Via Fiorenzo di Lorenzo, 22-24 06121 PERUGIA Dott. Mignini, I have the greatest respect for your competent abilities and your distinguished career of public service. I write to you as one member of the judiciary to 'another. Only my translator, yourself and I know the contents of this letter. Amanda Knox'_s family and I am told there is another prosecutor assigned to this case with you. If you wish you 5 I may share this letter with the_ other prosecutor. You mayalso show this letter to Judge - '9 Claudia Matteini. -Please excuse my observations; because I am over 6,000 miles away - i and they may be inaccurate. Also, I in no way mean to offend you and I understand that because you are Italian I do not understand many things in your culture. I apologize. in it advance, for any errors I have made; I am sure there may be many. "i 5" I come in peace. I am a judge in America, have presided over murder trials and have A sentenced men to life sentences in prison without the possibility of parole. Please visit my website at I Iknow you are aware and greatly concerned with the leaks' to the press from your office and the police. Many of 'these leaks have been false. These leaks of false information have destroyed Amanda's presumption of innocence and her right to receive a fair trial. Some of them are: . - I) In Arnand-a's prison diary, she stated she had a sexually transmitted disease and that she had sex with seven Italian men in 60 days. Not true, she was told she was HIV positive (later it was a false positive) and the seven listed names are for a lifetime, only Raffaele is Italian. 2) The clothes she wore on the night of November l, 2007 were destroyed. In 'fact, they were on her bed where she left them. - 3) Evidence included a videotape of Amanda entering her house the night of the . murder; A 4) Witnesses saw Amanda entering her house the night of the murder; 5) Sexual violence was perpetrated against the victim; - 6) Witnesses saw three people running away from the crime; 7) Rafi'aele's bloody foot print was found in the victim's bedroom; - . 8) Amanda's DNA was found on the handle of a knife and the victim's on the 3 1 87:81 blade; - 9) The same knife, found in Raffaele's kitchen was the murder weapon; 1.0) Raffaele and Amanda purchased 'bleach the rnoming after the crime; 1 1) There was a drug induced sex orgy involving Patrick Lumumba Amanda Knox and Raffaele Sollecito. These three killed Meredith Kercher when she would not participate. The leader was, the evil temptress,--Amanda Knox; . Most. if not all, of the above releases to the press are untrue. Mostdisturbing to me is that Judge Claudia Matteini participated in this false speculation. On November 9, 2007 Judge Claudia Matte-ini wrote in her official report:- . "It is possible to reconstruct what happened on the evening of November 1- "(Mere-dith) went into her room with Patrick, after which somethingwent badly," in the sense that, in all probability, Sollecito came in and the two started to try to swap, to which the girl refused" "There was an initial desire of the three youth to try some new sensation. Above all for the boyfriend and girlfriend, while Lumumba had the desire to join camally i with a girl that he fancied and whorefused In the same news articles that covered Judge Matteinfs report "Police have accused Knox of helping to hold Ms. Kercher down during the sexual assault claiming that her fingerprints had been found on the Briti_sh student's face." This is another false and an improper report to the press by the police. Amanda's fingerprints are not on Meredith, nor is her-DNA on Meredith or anywhere in Meredith's room. Judge Mignini, would you like your daughter treated in this manner? Amanda Knox is in grave danger of being convicted of the murderbecause of improper and false poisoning of public opinion and judicial opinion. I am offended, as I believe the world will be when the truth is told and the abuse of Amanda Knox is told-,. fourteen hour all night interrogation, physical abuse, false' leaks to the press, etc. . . I will admit that your theory at the beginning was a legitimate one. You knew, among other things, that Meredith had the hair of a Black man in her hand. Meredith, Amanda. and Patrick were connected. There was a" text message from Amanda to Patrick, on - November saying, .1 will see you later" and a bloody foot print thought to belong to Raffaele; However, when Patrick was freed that theory was no longer viable. lam a man of faith. I am a member of the Roman Catholic Church. I only say that because I receive a great deal of wisdom from the Bible. King Solomon, who wrote the . Book of Proverbs almost 3,000 years ago, noted the following about human behavior- "The wicked flee, when no one pursues" Rudy Guede fled long before anyone was pursuing him. Amanda and Raffaele never fled. Obviously, you would agree that Rudy Guede was involved in the murder of cassanoaa E-so.' PAGE - ZBI21 - 2864437142? STAMM ESQ. PAGE 21!'21 Mereditl1'Kercher. Why was it So" hard for you to believe that Amanda and R.afi'aele_ in love with one another, spent the night in Raffaele's apartment? . I would respectfully suggest to you that there is a power-fiil force at work in the U.S-, . Italy and around the world. This is the force of truth, notlies. This is the force of love and mercy. not hatred. In America we do not understand your justice system. In our country you have to be charged within 72 hours of arrest, or released- I also do not understand the reluctance of I I 'i Italians to admit they may have been wrong. The humility to admit error publicly in our i . country is a great attribute. The public is very forgiving of those who admit error and not I forgiving of those who continue to insist they are correct. I have enclosed the front page article concerning Amanda Knox on August 18 2008 in our local paper The Seattle Times. My apologies for not having it translated. Towards the end of the "article a person familiar with the case states -- "his career (G. Mignini) depends on convicting Knox of murder." I hope that is not the-case and I respectfully suggest to you, that the opposite may be true. Surely, I do not understand your culture, but would it not be powerful, couregeous and honorable to declare that upon much reflection by you, you find there is little, if any, credible evidence against Amanda and Raffaele and they should be released? Would not even your severist critics say that Judge Migniui is an honorable man with intelligence and humility? Would not your fellow members of the judiciary and the CSM recognize you as a courageous and wise public servant? I leave you with this quote, again from King Solomon instructing his children Proverbs Chapter'3, verses 3,4 -- I "3.'Let not mercy 'and truth forsake you; bind them" around your neck, write them on the tablet of your heart, And so find favor and high esteem . . i In the sight of God and man." I would submit that the truth is; there is no credible evidence to show that Amanda and Rafiaele were involved in this horrendous crime. The truth is -- they are innocent. I .r would respectfully submit that mercy compels the release of these two after ten months in i prison." I I I wish you nothing but the best in the difficult decisions you face. I 1 God bless you, Michaelyl-Ieavey