EXCLUSIVE - Foxy Knoxy's ex love Raffaele Sollecito blows a hole in her alibi at time of Meredith Kercher's murder - on eve of final appeal
- Sollecito, 30, has submitted a withering 306-page court document in an attempt to distance himself from Knox at their final appeal
- Claims he now can't remember whether Knox was with him when Meredith Kercher was stabbed 47 times in November, 2011, as he was stoned
- Added that he did not have a motive for the murder, but Knox did
- Said he didn't know her well enough to help her carry out the murder
- Expert said it appeared to be 'brutal last ditch effort' to save his own skin
- Pair face their final fate on Wednesday at Italian Supreme Court after two previous trials. If convicted Knox will face immediate extradition request
Published: 09:21 EST, 24 March 2015 | Updated: 13:07 EST, 24 March 2015
Amanda Knox's former lover Raffaele Sollecito claims that he does not remember whether she was with him at the time of Meredith Kercher's murder, bombshell court papers reveal.
In a dramatic change in legal strategy, Sollecito has cast serious doubt on Foxy Knoxy's alibi, with the Italian now saying he can't be sure she was at his house for the whole of the night on which the British student was brutally murdered.
All the evidence against the former couple points to Knox, Sollecito claims in papers filed by his lawyers in advance of a make-or-break Supreme Court hearing on Wednesday.
In their previous two trials, Knox maintained that they were together at Sollecito's flat on the night of the murder after which Miss Kercher, 21, was found half-naked with her throat slit in the cottage she shared with Knox in Perugia, Italy.
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Raffaele Sollecito (left) and girlfriend Greta Menegaldo, an Italian air hostess, pictured in Milan in February last year. Amanda Knox's former lover has cast doubt on her alibi on the night of Meredith Kercher's murder
Ms Kercher, a 21-year-old student from Coulsdon, Surrey, (left) was found with her throat slit in her bedroom in Perugia in 2007. Knox (right) is appealing a decision reinstating what was her conviction for killing Kercher
Amanda Knox and Raffaele Sollecito in their infamous clinch after they were named as suspects in Ms Kercher's murder. Sollecito now claims their stories on the night of Ms Kercher's death are not 'intertwined'
Sollecito, 30, and Knox, 27, served four years for their alleged part in the killing of Meredith before being released on appeal in 2011.
But in January last year their original conviction was reinstated and they were sentenced to 25 and 28 years respectively, a decision they are appealing.
Since then Sollecito has deserted Knox, his one-time lover, and is now insisting that their positions are 'not intertwined'. His case should have been considered independently of Knox's, he now insists.
Last summer he told a press conference that there were 'anomalies' in Knox's story and claimed that a text message she received on the path between their houses proved that she lied to him about her whereabouts.
And now the Italian has seemingly abandoned all loyalty to his former lover.
In an A-Z of reasons for distancing his position from hers, Sollecito's lawyers are attempting to demonstrate that the evidence used against Knox does not concern him.
In the 306-page paper, Sollecito claims that his computer records prove he was watching the Japanese Manga cartoon Naruto at the time of the alleged murder, but he is not sure whether Knox was at his house for the whole night as he had been smoking marijuana.
The document says: 'The defence intends to emphasise that Sollecito has always shown himself to be extraneous to the crime, and has always said that that night he did not move from his own home. However, he did not rule out that Knox could have gone out.'
The document also points out that Knox, unlike Sollecito, had an alleged motive for the murder.
Knox, from Seattle, Washington, is now reportedly engaged to Brooklyn musician Colin Sutherland (pictured)
Sollecito out with his girlfriend Greta Menegaldo (left). Knox (right) is pictured in Seattle on a recent outing
Sollecito (right) has seemingly abandoned all loyalty to Knox (left) with his bid to distance himself from her
The report explaining the motivation refers to a statement that Rudy Guede made to police that Miss Kercher believed Knox stole €300 and two credits cards from her.
Ivory Coast-born Guede is serving a 16-year jail sentence for his involvement in Kercher's death after a separate trial. Judges ruled he did not act alone.
Sollecito, by contrast with Knox, 'had no reason to want the death of Meredith Kercher.'
The document states: 'The alleged motives [not getting along and the missing €300] concern only relations between the victim and Amanda Knox, not Sollecito.'
At the time of the murder the young couple had known each other for only 10 days, and the document asserts that because this connection was so new they clearly did not have the kind of relationship that would have caused him to commit a crime on her behalf.
'Raffaele Sollecito was not linked to Amanda Knox from long, deep emotional bonds that could have caused him to give his full and unconditional adhesion to a criminal act desired by others,' it states.
Knox alone demonstrated 'odd behaviour' after the murder, the paper points out, taking a shower at her apartment despite there being several bloodstains in the bathroom.
Rudy Guede is serving a 16-year sentence for his involvement in Kercher's death after a separate trial
The house in Perugia where British student Meredith Kercher was murdered aged just 21 in November 2007
Sollecito arrives at a news conference in Rome in July last year, flanked by his lawyers Giulia Bongiorno (left) and Luca Maori (right)
The court found it 'abnormal' that she returned to his house calmly and made breakfast before making the first phone call to her other flatmates, mentioning the blood and the open door casually.
The paper states: 'The defence believes these considerations are without any weight, since human reactions are entirely subjective, but they relate only to the female defendant.
'All Amanda's behaviour after reentering the house alone on 2nd November, which according to the verdict was abnormal, cannot refer to or be extended to Sollecito.'
Furthermore it was Knox who was solely responsible for the wrongful accusation of an innocent man.
After a long night of interrogation Knox allegedly confessed that she was at the address in Via della Pergola with her boss, nightclub manager Patrick Lumumba, on the night of the murder and accused him of killing Miss Kercher. She did not claim that Sollecito was there.
This false accusation was critical in increasing the suspicions of police and later added years to her sentence. She later said she was confused and retracted this statement.
The document acknowledges that that was likely to be a false confession. But, it says, 'if these statements are regarded as a genuine confession, they constitute yet another proof of the extraneousness of Sollecito to the crime.'
Amanda Knox breaks down in tears after hearing her 2009 conviction for murdering her British roommate Meredith Kercher is to be overturned and she will be acquited
Knox at a television interview in New York last year. She has always denied murdering Ms Kercher (right)
Sollecito during a press conference in Rome. His lawyers are attempting to demonstrate that the evidence used against Knox does not concern him
Continuing to build the evidence against Knox - and not Sollecito - the document reminds the court that Knox's DNA was found mixed with Miss Kercher's in the bathroom.
There has never been any mixed traces of Miss Kercher's and Sollecito's DNA found, the paper states.
The legal turnaround 'should not be read as an indictment of Knox', Sollecito claims in the documents. He said he has always declared it 'implausible to believe that the American could have taken part in such a heinous crime,'
However most of the evidence points at her, and has damaged him by association, he asserts in the papers.
The document states: 'In these proceedings Amanda Knox and Raffaele Sollecito have been considered, wrongly, as an inseparable entity. This distorted image has certainly impaired the proceedings from the first trial.'
The paper, signed by Sollecito, said that his case should be treated independently of Knox's and asked the court for his conviction to be annulled on the basis that their cases should have been separated.
Markus Wiget, an Italian criminal trial lawyer and expert in extradition cases, said that Sollecito appeared to be throwing Knox 'to the wolves' in a 'brutal' last ditch attempt to save his own skin.
Amanda Knox (right) acknowledges the cheers of supporters while her mother Edda Mellas comforts her on her return home to Seattle, Washington, in October 2011 after winning an appeal against her conviction
Sollecito told a press conference last summer that there were 'anomalies' in his former lover Knox's story
This photo in November 2007 shows Knox (left) and Sollecito together. The pair were 20 and 24 at the time
'It appears to be a very tough approach. You could say he is throwing her to the wolves. It is bad for Amanda' s defence but it might not be good for Raffaele's defence either. The lawyers are probably trying this approach as a very last resort.'
It is possible that Sollecito's conviction could be annulled and Knox's be confirmed, he said.
'The aim is likely to be to show that the conviction is illogical. By indicating differences in their positions Sollecito's lawyers stress the fact that the motivations that apply to one do not necessarily apply to the other.'
The deposition of the papers follows reports that Knox, from Seattle, Washington state, is to marry her boyfriend musician Colin Sutherland.
Sollecito tried to persuade Knox to marry him to give him the same legal protection that she enjoys from American citizenship, according to Radar Online.
But after she reportedly refused to help, he has found love with Italian air hostess Greta Menegaldo.
Sollecito claims he only learnt of Knox's imminent wedding from press reports which shows how distant they have become, the document says.
'The two were not captivated by a long term sentimental bond... [at the time of the murder] they had just met and had recently began a romantic relationship that, as events have shown, was not particularly significant.
'After the arrest and even more, since their release, the two have become so estranged that it is only from press reports that we learnt that Knox is engaged to be married.'
It is possible that Sollecito's conviction could be annulled and Knox's (pictured) be confirmed
Sollecito (right) reportedly tried to persuade Knox to marry him to give him the the legal protection of American citizenship but since she apparently said no, he has found love with Greta Menegaldo (left)
If convicted, Knox could face immediate extradition proceedings and her supporters fear the worst.
One supporter told MailOnline they were prepared for what would be the 'greatest miscarriage of justice' that has ever happened to a US citizen.
Dr Mark Waterbury, who lives close to the family in Seattle, says: 'The people I communicate with, who are close to the case, are very concerned about the result.
'It's my understanding that people who are working with the family believe that the ruling will come from facts based on the 'judicial truth' from Rudy's trial where they said there must have been multiple attackers. This fact can't be contested.
'This is like someone down your street being tried for a crime, but they decide to convict you afterwards because that person claimed you were involved and you can't even defend yourself.
'It makes no sense and just wouldn't happen in the UK or US. It is truly astounding. One more round to go in this crazy justice system. I don't have a good feeling about this.
'There have been bizarre facts, research that makes no sense, and witnesses that have been dug up from the gutter.'
Meanwhile, the Kercher family are not planning to be in court on Wednesday but they hope that the Italian government will be swift in requesting extradition if Knox is convicted.
Family lawyer Francesco Maresca said: 'The interest of the family is to arrive to the end of this trial. They want to be able to remember Meredith outside of the court room.'