Sunday, February 27, 2011
Wednesday, February 23, 2011
Amanda Knox can there be justice ?
The parents of Amanda Knox, Curt Knox and his wife, Edda Mellas are facing libel charges over their claim that Italian police abused their daughter.
Knox was the US student, along with her former boyfriend, Raffaele Sollecito, convicted of murdering her British roommate, Meredith Kercher.
They were convicted in 2009 of sexually assaulting and murdering Kercher in the cottage the two women shared in Perugia. Kercher was found semi-naked, with her throat slashed. Knox was sentenced to 26 years in prison and Sollecito to 25. Both have denied the charges and their appeal begins as the Lifetime movie about the case hits the air. Another man, Rudy Guede, from the Ivory Coast, was also convicted of the killing and sentenced to 16-years. He appealed and lost.
The charges come from an interview they gave to the Sunday Times three years ago.
They have, and are still, alleging that Amanda was physically and verbally mistreated during questioning after Kercher's murder in 2007.
The police denied harming Knox.
Not living in Italy, a court charged them while they were not even present in Perugia. They are now scheduled to stand trial on the 4th of July.
Curt Knox, Edda Mellas and Amanda have stated that Amanda was not assisted by an interpreter, she was denied food or water, she had been abused both physically and verbally and that she had been slapped on the back of the head and threatened.
Libel is a criminal charge in Italy and carries a sentence of six months to three years, as well as a fine.
Lawyers for Sollecito and Knox are arguing that there is neither reliable forensic evidence nor a motive. The prosecution acknowledges it could not supply a motive for the involvement of Knox or Sollecito in the killing.
In the meantime the Lifetime movie is drawing criticism on all sides.
The murder victim's father, Jon Kercher, has criticized the re-enacted sequence as "absolutely horrific."
Earlier this month, Knox's lawyer sent a warning to Lifetime to cancel the film and trailer that reportedly included a threat to go to court to keep the film from airing. "The movie is ill-timed since Amanda's appeal is under way.”
"Amanda Knox: Murder on Trial in Italy," features "Heroes" star Hayden Panettiere, aired despite opposition from both the families.
Author and forensic scientist, Mark Waterbury, believes Knox is innocent.
Waterbury examined the case for a new book.
He said the new movie could damage Knox, because it is airing while the case is still in appeal. "The Monster of Perugia: The Framing of Amanda Knox," Waterbury wrote Knox and her then-boyfriend, Raffaele Sollecito, were convicted because of corruption in the Italian legal system. Waterbury not only believes Knox is innocent, but he also claims she was framed by corrupt prosecutors. Waterbury worries that potential jurors could be tainted since the media have a huge impact on the Italian justice system.
No matter where this goes, it doesn’t appear there can be justice because speaking out results in the Italians pressing charges just for questioning.
http://www.t2conline.com/news-room/headliners/1339-can-their-be-justice-for-amanda-knox
Knox was the US student, along with her former boyfriend, Raffaele Sollecito, convicted of murdering her British roommate, Meredith Kercher.
They were convicted in 2009 of sexually assaulting and murdering Kercher in the cottage the two women shared in Perugia. Kercher was found semi-naked, with her throat slashed. Knox was sentenced to 26 years in prison and Sollecito to 25. Both have denied the charges and their appeal begins as the Lifetime movie about the case hits the air. Another man, Rudy Guede, from the Ivory Coast, was also convicted of the killing and sentenced to 16-years. He appealed and lost.
The charges come from an interview they gave to the Sunday Times three years ago.
They have, and are still, alleging that Amanda was physically and verbally mistreated during questioning after Kercher's murder in 2007.
The police denied harming Knox.
Not living in Italy, a court charged them while they were not even present in Perugia. They are now scheduled to stand trial on the 4th of July.
Curt Knox, Edda Mellas and Amanda have stated that Amanda was not assisted by an interpreter, she was denied food or water, she had been abused both physically and verbally and that she had been slapped on the back of the head and threatened.
Libel is a criminal charge in Italy and carries a sentence of six months to three years, as well as a fine.
Lawyers for Sollecito and Knox are arguing that there is neither reliable forensic evidence nor a motive. The prosecution acknowledges it could not supply a motive for the involvement of Knox or Sollecito in the killing.
In the meantime the Lifetime movie is drawing criticism on all sides.
The murder victim's father, Jon Kercher, has criticized the re-enacted sequence as "absolutely horrific."
Earlier this month, Knox's lawyer sent a warning to Lifetime to cancel the film and trailer that reportedly included a threat to go to court to keep the film from airing. "The movie is ill-timed since Amanda's appeal is under way.”
"Amanda Knox: Murder on Trial in Italy," features "Heroes" star Hayden Panettiere, aired despite opposition from both the families.
Author and forensic scientist, Mark Waterbury, believes Knox is innocent.
Waterbury examined the case for a new book.
He said the new movie could damage Knox, because it is airing while the case is still in appeal. "The Monster of Perugia: The Framing of Amanda Knox," Waterbury wrote Knox and her then-boyfriend, Raffaele Sollecito, were convicted because of corruption in the Italian legal system. Waterbury not only believes Knox is innocent, but he also claims she was framed by corrupt prosecutors. Waterbury worries that potential jurors could be tainted since the media have a huge impact on the Italian justice system.
No matter where this goes, it doesn’t appear there can be justice because speaking out results in the Italians pressing charges just for questioning.
http://www.t2conline.com/news-room/headliners/1339-can-their-be-justice-for-amanda-knox
Larry King now retired but he helped the Knox family whore their way through his TV show....TOUGH questions he would not have dared to ask the family...
Larry King, On CNN Friday, Please Ask Mellas And Knox THESE Tough Questions
Posted by Kermit
CNN’s Larry King interviews Curt Knox and Edda Mellas tonight [now Friday] at 9:00 pm in the United States.
To prevent this thing turning into yet ANOTHER cloying spinathon + bawlathon, Larry, how about posing these questions?
And if you the readers of TJMK would like to add questions in Comments, we’ll be opening a new permanent page for them on TJMK.
So that instead of getting snowed as so often in the past, reporters can use the questions to cut to the heart of the matter.
Question for Curt Knox and Edda Mellas:
Don’t you think that Amanda’s latest of several defence positions is weakened by the fact that her new alibi - that she was with her boyfriend Raffaele Sollecito all night - does not coincide with the alibi of Raffaele - who has used his right to not declare in their trial but stated just after the crime that he was at his apartment all night, and that Amanda left between 9 p.m. and 1 a.m. on the night of the murder?
(Raffaele’s defence lawyers and his father have confirmed to journalists covering the trial that while they have some defence issues in common with Amanda - for example, questioning the DNA analysis - Raffaele’s defence is not necessarily supportive of or in line with Amanda’s.)
Question for Curt Knox and Edda Mellas:
Why did Amanda cut short a questioning session (where she was accompanied by her lawyer) in December 2007, near the beginning of the investigation, and maintain silence - as is her right under Italian law - until the trial was well underway in 2009?
Question for Curt Knox and Edda Mellas:
Why do you need a costly, professional PR campaign aimed at an American audience, when your daughter is in an Italian trial? Some observers feel that since the legal case against Amanda is strong, your only hope is to influence the State Department and obtain its political intervention in this case. However, American diplomats - beyond providing basic, standard consular support - don’t want to touch this case with a ten-foot pole.
Question for Curt Knox and Edda Mellas:
Why do you question the honor and professionalism of the Prosecutor of Amanda’s murder trial through your Amercian focused PR campaign, when Amanda’s Italian defence lawyer had to apologise to Prosecutor Mignini for this campaign?
This campaign extrapolates the slight that an American fiction author (Douglas Preston) felt when he was momentarily arrested after stumbling into a police sting operation and when he was using a false name. This arrest was recently rejected for separate legal action against Mignini. On the basis of Preston’s bad feelings, the PR campaign tells us that Mignini has a “history” of inappropriate behaviour.
Do you agree that this smells of “spin”? Why can’t you fight Amanda’s legal battle on the basis of a solid, coherent alibi?
Question for Curt Knox and Edda Mellas:
Why would Amanda call you in the middle of the night in Seattle to tell you about what was still supposedly only a break-in in her house (before Meredith Kercher’s door was broken down by the police who soon arrived), when Amanda was accompanied by her Italian boyfriend who would know better than her how to react? Why to your great surprise at Capanne Prison could Amanda not even remember making that call? And why on the witness stand did it take you many minutes to summarize that 88-second call?
Question for Curt Knox and Edda Mellas:
Before the trial started, Amanda’s Italian defence lawyer publicly stated that Amanda had not been hit by police during her questioning on 5 November 2007 (during which she stated she was in the cottage when Meredith was murdered, and when she falsely accused Patrick Lumumba of being the murderer - an accusation which has given rise to an additional charge against her).
Once the trial had started, and coinciding with the arrival of Amanda’s stepfather Chris Mellas in Perugia, Amanda made a spontaneous statement in court that she had been slapped on the back of her head during this questioning, and her Italian lawyer had to incorporate these statements into her testimony.
Are you satisfied with the Italian defence team? Are they aligned with the talking points of the PR campaign?
Question for Curt Knox and Edda Mellas:
The justification that Amanda has been held in preventive custody since she became a suspect is due to the possibility that she may flee Italy (in addition earlier on in the investigation to the possibility that evidence may be tampered with).
On various occasions you have publicly regretted not getting Amanda out of Italy before she was arrested.
Also, Seattle King County Judge Heavey (associated with the “Friends of Amanda” campaign) sent a letter to the Italian judiciary on State of Washington letterhead where he decried alleged irregularities and illegalities in the investigation (nobody knows what he based these allegations on).
Such an official letter would suggest to Italian authorities that were Amanda ever to find herself in the United States before her legal processes have finished, that it could be difficult or impossible to extradite her back to Italy.
Are some of the public statements made on behalf of Amanda counterproductive to obtaining her early freedom?
Muder scene, after Amanda and her boyfriend had slaughtered Meredith Kercher
http://truejustice.org/ee/index.php?/tjmk/comments/larry_king_on_cnn_friday_please_ask_mellas_and_knox_these_tough_questions/
Monday, February 21, 2011
Murder of Meredith Kercher
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Meredith Kercher | |
---|---|
Photograph released by the police and used in early news reports about the murder. | |
Born | Meredith Susanna Cara Kercher 28 December 1985 Southwark, London, England |
Died | 1 November 2007(2007-11-01) (aged 21) Perugia, Italy |
Cause of death | Knife wounds |
Residence | Perugia |
Nationality | British |
Other names | Mez (nickname) |
Occupation | University exchange student |
Known for | Murder victim |
Home town | London |
Rudy Hermann Guede, a resident of Perugia, was convicted of the sexual assault and murder of Kercher and received a reduced sentence of 16 years after an appeal. Raffaele Sollecito, an Italian student, and Amanda Knox, an American student who shared a flat with Kercher, were convicted of sexual assault and murder. Sollecito was sentenced to 25 years in prison, and Knox was sentenced to 26 years.
The case received much media attention in Italy, the United Kingdom and the United States.
Meredith Kercher
Meredith Susanna Cara Kercher, known to her friends as "Mez", was born on 28 December 1985[1] in Southwark, London, England, and lived in Coulsdon, South London. She had two older brothers and an older sister.[2] Her father is a freelance journalist,[3] and her mother, Arline Kercher, is a housewife, born in India.[4]Kercher attended the Old Palace School in Croydon[5] and then she took a degree in European Studies at the University of Leeds. At the time of her murder, she was studying for one year at the University of Perugia, as part of the ERASMUS student exchange programme.[6] She appeared in a music video for singer Kristian Leontiou's song "Some Say" shortly before her death.[7]
In Perugia, she shared a flat with Amanda Knox and two Italian women.[8] Kercher's funeral was held on 14 December 2007 at Croydon Parish Church, with more than 300 people in attendance.[9][10] She has been awarded a posthumous degree by the University of Leeds.[11]
People charged with the murder
Rudy Guede
Rudy Hermann Guede (born 26 December 1986, Abidjan, Côte d'Ivoire[12]) was aged 20 at the time of the murder. He had come to Perugia at the age of five with his father,[13] who worked as a labourer in the 1990s.[14] At the age of 16, when his father left Italy, Guede was informally adopted by the family of a local businessman.[13] Guede had acquired joint Italian nationality and sporadically studied accounting and hotelkeeping.[14] He also played basketball for the Perugia youth team in the 2004–2005 season.[14] He often stayed with his aunt who lived in Lecco, near Milan, and sometimes worked in Milan bars, returning occasionally to Perugia.[14] Guede had no criminal record at the time of the murder.[15]Amanda Knox
Amanda Marie Knox (born 9 July 1987, Seattle, Washington) was, at the time of Kercher's murder, a 20-year-old University of Washington language student.[16] She was in Perugia attending the University for Foreigners for one year, studying Italian, German and creative writing.[17] In Perugia she lived in the same shared flat as Kercher. Knox had met Raffaele Sollecito at a classical music concert and had become his girlfriend.[18]Raffaele Sollecito
Raffaele Sollecito (born 26 March 1984, Giovinazzo, Bari) was 23 years old at the time of the murder, and nearing the completion of a degree in computer engineering[19] at the University of Perugia, which he finished while awaiting trial in prison. He is from an affluent family, the son of a urologist from Bari.[20]Events surrounding the murder
At 8:40 pm on the night of the murder, witness testimony placed Knox at Sollecito's flat.[21] Kercher spent the early evening with two friends[22] and set off for home at about 8:45 pm, accompanied by a friend. They parted company near the friend's flat shortly before 9 pm.[23][24]: 24 Kercher then walked the remaining 500 yards (460 m) to her flat.[22]At some point during the evening, a neighbour heard a "chilling scream" and, soon after, the footsteps of "at least two people" running from the flat.[25] According to investigators, Kercher died in the flat at around 11 pm.[26]
At 12:08 pm the following day, Knox called a flatmate,[24]:346 telling her that she had returned to the flat and found the front door open, a broken window, some blood, and that Meredith was missing.[24]:16-7 She also called Kercher's two mobile phones.[24]:346 At 12:51 pm and 12:54 pm, Sollecito made calls to 112, the Italian emergency number.[24]:342 Before the Carabinieri arrived in response to these calls, two officers of the Italian Post and Communications Police came to investigate the discovery of the mobile phones carried by Kercher in a nearby garden.[27] Knox and Sollecito were standing outside and told the police that the premises had been burgled, that a window had been broken and that there were bloodstains in the bathroom.[24]:86
The communications police found blood in several rooms of the flat and near Kercher's locked bedroom.[26] The window in one of the bedrooms had been smashed and there was broken glass and a large stone in a bag on the floor.[26] The police were informed that nothing had been taken from the room.[8]
The door to Kercher's room was forced open and the police found Kercher lying beneath a duvet, soaked in blood, with pools and smears of blood around the room. The area was secured for investigation.[26]
Police interviews
On 5 November 2007, Sollecito made a statement to the police in which he said that he was not sure that Knox had been with him on the night of the murder. The police then questioned Knox, who had accompanied him to the police station.[28] Starting at 11 pm that evening,[28] she was questioned firstly by the police alone and, later that night, in the presence of a prosecutor.[29] During these interviews, she said that she had gone to the flat with Patrick Lumumba, the owner of a bar-restaurant named Le Chic, at which she occasionally worked.[30][31] She said that she had been in the kitchen when he committed the murder.[32]Knox later claimed that these statements were made under duress and that she had been assaulted and threatened by the police.[33] She repeated these claims at trial, while a police officer testified that Knox had only been questioned "firmly but politely".[34] Knox's lawyer, summing up at the end of her trial, stated that the interviews had lasted a total of 53 hours, causing "stress and fear".[35] The police have continued to deny that Knox was mistreated and she has been charged with slander.[36]
Knox was arrested later on the morning of 6 November. Some time afterwards she made a written note to the police, partially retracting her earlier statements, explaining that she doubted her statements because they were made "under the pressures of stress, shock and extreme exhaustion" and that she had been struck whenever her memory appeared to be failing her. She "stood by" her accusation of Lumumba, but said that she could not clearly remember whether she was at her flat or Sollecito's house at the time of the murder.[37] She denied involvement in the murder.[38]
Lumumba was arrested on 6 November 2007 as a result of Knox's statements. He was detained for two weeks until the arrest of Guede. Initially, doubts about his alibi were reported in the press,[22] but ultimately he was completely exonerated.[39]
Arrest of Guede
A few days after the murder, Rudy Guede had left Perugia by train. Interpol traced a computer which he used in Germany to access Facebook and reply to a message from a Daily Telegraph journalist.[40] In his message, Guede said that he was aware that he was a suspect and wanted to clear his name.[41] On 20 November 2007, the German transport police arrested Guede on a train near Mainz, where he was apprehended for travelling without a ticket.[13] When questioned, he stated that he was on his way back to Italy to give himself up.[13] He was extradited to Italy on 6 December 2007.[42]Evidence
Forensic evidence
Kercher's body was found on the floor of her bedroom, with blood in various locations in the room.[24]:10 Her superior thyroid artery had been severed by a stab wound and she had died a relatively slow and agonising death as she inhaled her own blood.[8][43] Her hyoid bone was broken, indicating that she had been choked before she was stabbed.[24]:144 There were also signs of sexual assault.[24]:110 Her body had been disrobed and moved some time after death.[26]DNA matching that of Guede was found on and inside Kercher's body,[26][44] on her shirt and bra and on her handbag.[45] A bloody handprint found on a pillow under the victim's back was matched to Guede.[26][46]
A severed piece of Kercher's bra, including its metal hooks, revealed traces of her DNA and that of Sollecito.[24]:235 Knox's lawyers have argued that DNA evidence had been contaminated during the investigation at the crime scene and when the investigators accidentally moved the evidence during the 49-day delay in retrieving the samples.[47] While the judge at Guede's trial described concerns regarding contamination as making no sense because there was no material from which contamination could have come, and so "the risk would have been the loss of traces found there, not the risk of somehow discovering new traces", the judge presiding over Knox's appeal has ordered a reexamination of the evidence.[26][47]
Luminol revealed footprints made in blood in the flat, compatible with the feet of Knox and Sollecito.[24]:373[48] Knox's DNA was found mixed with Kercher's blood elsewhere in the apartment.[49] A further footprint, believed to be a woman's, was found under the body. It was the right size to be Knox's, although it was never matched to her footwear.[50] An expert defence witness stated that this was a partial print that matched the pattern of Rudy Guede's right shoe.[24]:367-8
Knox's DNA was found on a kitchen knife, recovered from Sollecito's flat, and Kercher's DNA[51] was found on the blade.[52] The knife could have made one of the three wounds on Kercher's neck.[28][53] At trial, Knox's lawyers argued that she used knives for cooking at Sollecito's apartment.[54] A group of American academics wrote an open letter in 2009 expressing concern that contamination of this evidence was a possibility, noting in particular that, whilst DNA was found on the knife, tests for blood were negative.[55]
Apart from the knife, there was no forensic evidence directly indicating that Knox had been in the bedroom where Kercher was murdered.[56] Knox's fingerprints were not found in Kercher's bedroom, nor her own bedroom.[26][57]
Investigators concluded that an apparent break-in at the flat had been staged, partly because the window seemed to have been broken after the room had been ransacked.[58]
In December 2010, the judge at Knox and Sollecito's appeal ordered a review of DNA evidence relating to the knife and the bra clasp.[47]
Prosecution and defence arguments
In the Knox and Sollecito trial, the prosecution sought to prove that a break-in at the murder scene had been staged. An officer testified that shards of glass from the broken window were found on top of a computer and clothes that had been strewn around the room, suggesting that the window had been broken after the room had been ransacked.[59]Police evidence was presented showing that Knox and Sollecito did not have provable alibis for the time of the murder. Sollecito maintained that he was at his apartment, using his computer, but police computer analysts testified that his computer had not been used between 9:10 on the evening of the murder and 5:32 the next morning.[60] Knox has maintained that she was with Sollecito at the time, but in his statement to police, he said that he could not remember if she was with him or not.[60] Their version of events was further contradicted by a homeless man, who testified that he had seen Knox and Sollecito chatting animatedly on a basketball court, within sight of Kercher's house, around five times, between 9.30 and midnight on the night of the murder.[61] A Perugia shopkeeper gave evidence that Knox had gone to his supermarket at 7:45 on the morning after the murder, at a time when Knox was, according to her account, still at Sollecito's.[62] At trial the shopkeeper's testimony was contradicted by the testimony of workers who were also at the shop at that time.[63]
Knox told the court that she had been with Sollecito in his apartment on the night of the murder.[64] The defence stated that, despite having put forward several different theories, the prosecution had produced no convincing evidence of a motive for murder.[65] Knox testified that she regarded Kercher as her friend and had no reason to kill her.[64]
The defence sought to show that Guede could have been a lone killer. A school director testified that he had been caught with a stolen 16-inch knife inside a closed Milan school on 27 October 2007,[66] and was also in possession of a laptop PC and a mobile phone previously stolen by somebody from a Perugia solicitors' office, burgled with a rock breaking a window.[67] Guede said that he had bought both the stolen laptop and phone at a railway station in Milan.[66] The school director testified that a small amount of money was also missing after she found Guede looking inside a cabinet in the school office.[66] An expert witness testified that the window of Kercher's flat had been broken from the outside and presented a video of stones shattering similar windows.[68]
Guede trial and appeal
Trial
Guede elected for a "fast-track" trial which began on 16 October 2008, presided over by Judge Paolo Micheli.[69] In this way he exchanged the right to test the evidence in a full trial for a more lenient sentence, if found guilty. The trial was held in closed session, with no reporters present.[70] He was charged with murder, sexual assault and theft.[71]Guede claimed that Knox and Sollecito had entered the Perugia flat and committed the murder while he was in the bathroom.[72] He said that he was listening to music on his iPod, but heard Kercher scream.[73]
On 28 October 2008, Guede was found guilty of the murder and sexual assault of Kercher and sentenced to 30 years in prison.[46]
Appeal
At appeal, Guede claimed that, while in the bathroom, he had heard Knox's voice arguing with Kercher about some missing money in the bedroom. He further said that when he glanced out of the window, he saw the silhouette of Knox leaving the house.[74]On 22 December 2009, the Corte d'Appello upheld Guede's convictions but cut his sentence to 16 years.[75] In March 2010, the court issued a detailed report of its ruling, explaining that it had reduced Guede's sentence by 14 years because he was the only one of the three defendants to apologise to the Kercher family for his actions.[76]
In May 2010, Guede launched a second and final appeal to the Court of Cassation; the hearing was subsequently fixed for 16 December 2010.[77][78] On 16 December 2010 Corte di Cassazione confirmed the verdict.[79]
Knox and Sollecito trial and appeals
Committal hearings
Knox and Sollecito were indicted in October 2008 by Judge Micheli.[80] Micheli concluded that Kercher had been sexually assaulted and then murdered by multiple attackers.[81] He also concluded that the apparent break-in had been faked and that one or more people had returned to the crime scene, rearranged the body, and staged the fake break-in some time after the murder.[26] Judge Micheli also believed that it was suspicious that Sollecito called the Carabinieri military police, saying that a burglary had occurred but "nothing had been taken" when other flatmates had not yet returned to check their rooms for missing items. He also found suspicious Knox's claim to have taken a shower in a room with blood on the floor.[26]Following the court session, Sollecito’s lawyer Luca Maori described the prosecution's theory on the motive for the murder as being part of a "satanic rite" and this was widely reported in the press, some of whom linked this with the fact that the murder occurred on the day after Halloween.[82][83] However, Judge Micheli dismissed this motive as fantasy and made it clear that the committal for trial of the two suspects was not based on this theory.[81]
Trial
The trial of Knox and Sollecito began on 16 January 2009, before judge Giancarlo Massei, deputy judge Beatrice Cristiani and six lay judges[24]:1 at the Corte d'Assise of Perugia, with considerable media attention.[84] They had been charged with murder, sexual assault, simulating a crime (burglary), carrying a knife and theft of 300 euros, two credit cards and two mobile phones.[85]Knox was represented by Luciano Ghirga and Carlo Dalla Vedova, Sollecito by Giulia Bongiorno. The head prosecutor was Guiliano Mignini, assisted by Manuela Comodi.[24]:3 Since the trial, Mignini has been convicted of "abuse of office" and sentenced to 16 months in prison by a Florence court for tapping the phones of police officers and journalists investigating the still unsolved Monster of Florence case. He has protested his innocence, and remains in office, pending an appeal.[86]
Rudy Guede was called by the prosecution to testify but asserted his right to silence.[87] During the first session, Judge Massei rejected a request by the Kercher family to hold the trial behind closed doors, ruling that the trial would be public with closed sessions where appropriate.[84]
After nearly six months of hearings, the trial was shut down early for summer vacation when Judge Massei ordered the prosecution to release to the defence previously withheld biological evidence.[88] On 14 September 2009, the defence requested that the murder indictments of Amanda Knox and Raffaele Sollecito be thrown out due to the length of time that the prosecution had withheld evidence. Judge Massei rejected the defence’s request.[89]
Towards the end of November, the prosecution and defence began summing up their cases.[90] On 4 December 2009, after 13 hours of deliberations by the panel of judges, Knox was convicted of all counts except theft and was sentenced to 26 years in prison. Sollecito was found guilty of all five charges attributed to him and was sentenced to 25 years in prison.[91]
Judges' report
On 4 March 2010, the Corte d'Assise of Perugia released a 427-page report, detailing its rationale in reaching its verdicts.[92] The Court determined that Guede had been supported by Knox and Sollecito in subduing Kercher after she resisted his sexual advances.[93] It was noted that Knox and Sollecito had consumed hashish and been reading sexually explicit and violent comics collected by Sollecito, which were alleged to have influenced their behaviour.[24]:392-4 The court ruled Knox and Sollecito acted without premeditation, and that there was no grudge motivating the crime.[93]The judges concluded that Knox and Sollecito had stabbed Kercher in the neck using two different knives,[94] but after the murder they had covered the body with a duvet in an act of repentance.[95] The court also stated that a bloody footprint found on a bathroom mat was made by Sollecito, while a footprint in a bedroom was made by Knox.[92] The Court further believed that Knox and Sollecito had staged the apparent break-in at the house to make it appear that Kercher had been killed by an intruder[92] and that Knox had attempted to shift the blame by falsely accusing Patrick Lumumba.[95]
Appeals
In April 2010, appeals were filed by the prosecution and both Knox's and Sollecito's defence teams. The prosecution assert that the current sentences are too lenient and are seeking to increase them to life sentences.[96] Matters on which the defence are appealing relate to Knox's questioning by police and the DNA and other forensic evidence.[97] They also intend to produce a new witness.[98]The appeals are proceeding as trial de novo which started on 11 December 2010 before the Appellate Court of Assizes, presided over by Claudio Pratillo Hellman.[99] On December 18, 2010, the court announced it would re-examine the DNA evidence used to convict Knox and Sollecito, appointing two experts from the University of Rome - La Sapienza to conduct the review. [100] [101]
Media coverage
Media portrayals of the fairness of Knox and Sollecito's trial included a range of views. A number of commentators in the United States have harshly criticised the Italian legal process, including Donald Trump,[102] Timothy Egan[103] and journalist Judy Bachrach.[104] Other commentators, including Wendy Murphy,[105] Ann Coulter[106] and Jeanine Pirro,[107] have viewed such criticism as misguided.Alex Wade, writing in The Times, was critical: "If by some cruel miracle a British judge had found himself presiding over 12 good men and true ... it is inconceivable that he would not have made strong, telling directions to acquit".[108] Libby Purves, writing in the same newspaper, said "both evidence and reconstruction look pretty convincing" and described the American campaign for Amanda Knox as "almost libellously critical of the Italian court".[109]
The Kercher family have made clear their views that the trial was fair,[110] but have generally avoided much media attention.[111] On 2 December 2010, Kercher's journalist father, John, writing in the Daily Mail, condemned Knox's elevation to "celebrity" status as "utterly despicable," and that the "Foxy Knoxy" nickname, "trivialises the awfulness of her offence." He maintained that to the Kercher family, Knox is, "unequivocally culpable. As far as we are concerned, she has been convicted of taking our precious Meredith’s life in the most hideous and bloody way."[112]
Reported views of Knox's lawyers include a piece in the New York Times, during Knox and Sollecito's trial, which reported, "Ms. Knox is often portrayed as an innocent girl unwittingly caught up in the Kafkaesque Italian justice system. But even one of her lawyers, Carlo Dalla Vedova, said that he believed the trial was fair. He added that he 'disagreed' with news media coverage that depicted it otherwise."[113] On the other hand, at the filing of appeals, Knox's lawyers have been quoted as saying that the original case was botched by the prosecution.[114]
According to Knox's lawyers, family and some media, the pretrial publicity tainted the public perception of Knox and may have prejudiced the trial.[115][116] The lawyers filed complaints with a Milan court and with Italy's privacy watchdog.[115]
Support for Knox
Knox's family and various supporters maintain that she has been unjustly convicted.[117][118]The Knox family's public relations campaign
Knox's family engaged the services of David Marriott of Gogerty Stark Marriott, a Seattle-based public relations firm, to handle the public relations aspects of their campaign.[119] Marriott is a former television news reporter and has been the press secretary for former Seattle mayor Wes Uhlman, as well as having run several communications consulting firms.[120]Marriott ensured that journalists in Perugia in the early stages of the case could only get access to the Knox family if they gave guarantees about positive coverage.[121] As time went on the family opted to speak, primarily to the American television networks.[121] Since then, they have appeared on several TV talk shows, such as the Oprah Winfrey Show on 23 February 2010.
Senator Maria Cantwell's accusations of anti-Americanism
On 4 December 2009, the day the verdict on Knox and Sollecito was announced, Maria Cantwell, US Senator for Washington, released a statement expressing her sadness at the verdict, saying that she had "serious questions about the Italian justice system and whether anti-Americanism tainted [the] trial". She stated that evidence against Knox was insufficient, that Knox had been subjected to "harsh treatment" following her arrest and that there had been "negligence" in the handling of evidence. She also complained that jurors had not been sequestered, allowing them to view "negative news coverage" about Knox and that one of the prosecutors had a misconduct case pending in relation to another trial.[122]Cantwell said she would seek assistance from US Secretary of State Hillary Rodham Clinton. A spokesman for the US Department of State stated in December 2009 that the Department had followed the case closely and would continue to do so. He added: "It is still in the early days but ... we haven't received any indications necessarily that Italian law was not followed".[123]
Other court cases arising from the events of the murder
Civil lawsuit filed by Kercher's family
Kercher's family filed a civil suit against anyone found guilty of the murder. The court awarded a sum of €1,000,000 to each of the parents and €800,000 to each of Kercher's siblings.[124]Patrick Lumumba's civil lawsuit against Knox
Patrick Lumumba, the man originally accused of murdering Kercher, sued Knox for defamation and was awarded €40,000.[124] He also pursued compensation from the Italian authorities for unjust imprisonment and the loss of his business and, in December 2009, a court awarded €8,000 in damages.[125] In February 2010, Lumumba announced that he would be taking his claim for compensation from the Italian authorities to the European Court of Human Rights.[126]Civil lawsuit filed by Knox
In March 2010, Knox won a civil case against Fiorenza Sarzanini, author of a book about the Kercher case, Amanda e gli altri, and her publisher for violation of her privacy and illegal publication of Court documents. The book contained long excerpts from Knox's diary as well as from witness interviews that were not in the public domain, as well as intimate details professing to be about Knox's sex life.[127] Knox was awarded €40,000 in damages.[128]Criminal slander case against Knox
Following an investigation[129] into Knox's claims of mistreatment by police during questioning about the murder, a case for criminal slander was opened against her on 1 June 2010.[36] In November 2010, Knox was ordered to stand trial on the slander charge by a judge in Perugia.[130]Criminal slander case against Knox's parents
Knox's parents, Curt Knox and Edda Mellas have been charged with criminal slander as a result of an interview published by the Sunday Times in 2009, in which they stated that their daughter "had not been given an interpreter, had not received food and water and had been physically and verbally abused" by police officers, after her arrest. Knox and Mellas had sought to have charges dismissed, on the grounds that there was no intent.[131][132]Portrayals in books and other media
Books
- Candace Dempsey: Murder in Italy: The Shocking Slaying of a British Student, the Accused American Girl, and an International Scandal, Berkley, ISBN 978-0425230831
- Paul Russell, Graham Johnson, Luciano Garofano: Darkness Descending - the Murder of Meredith Kercher, Pocket Books, 7 Jan 2010, ISBN 1847398626, 978-1847398628 (Paperback)
- John Follain: Death in Perugia: The definitive account of the killing of British student Meredith Kercher, Hodder & Stoughton General, ISBN 034099309X, 978-0340993095
- Barbie Latza Nadeau: Angel Face: The True Story of Student Killer Amanda Knox, Beast Books, 15 May 2010, ISBN 0984295135, 978-0984295135
- Gary C King: The Murder of Meredith Kercher, John Blake Publishing Ltd, 4 Jan 2010, ISBN 184454902X, 978-1844549023
- Rocco Girlanda: Take me with you - Talks with Amanda Knox in prison, Piemme, Oct 2010, ISBN 8856615622, 978-8856615623
- Fiorenza Sarzanini, Amanda e gli altri [Amanda and the Others], Bompiani, Jul 2009, ISBN 8845262189
Television documentaries
- Sex, Lies and the Murder of Meredith Kercher; "Cutting Edge" documentary for Channel 4. Broadcast in the UK on 17 April 2008, 9pm
- American Girl, Italian Nightmare; CBS "48 Hours" documentary broadcast in April, 2009 in the US.
- A Long Way From Home; CBS "48 Hours" documentary broadcast in April, 2008 in the US.
- The Trial of Amanda Knox; NBC "Dateline NBC" documentary broadcast on December 4, 2009 in the US.
TV movie
A TV movie about the case Amanda Knox: Murder on Trial in Italy has been made by the U.S. Lifetime television network. It focuses on Knox, who is played by the American actress Hayden Panettiere, with Kercher being played by the British actress Amanda Fernando. A trailer for the movie was released in February, 2011.[133] The Kercher family have condemned the film and described its images as "horrific and distressing".[134] Lawyers for both Knox and Sollecito have formally demanded that Lifetime scrap this film about the trial.[135][136]References
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- ^ "Tears for Meredith as parents lead 600 mourners at murdered student's funeral". Daily Mail (London). 14 December 2007. http://www.dailymail.co.uk/news/article-502155/Tears-Meredith-parents-lead-600-mourners-murders-students-funeral.html. Retrieved 25 April 2010.
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- ^ Candace Dempsey: Murder in Italy, page 286
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- ^ Amanda Knox trial: Rudy Guede profile, Daily Telegraph, 5 December 2009. Retrieved 26 March 2010.
- ^ Meredith Kercher killer Rudy Guede has sentence reduced, BBC News, 22 December 2009. Retrieved 10 January 2010.
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- ^ "Meredith:ricorso Guede in Cassazione 16: Difesa chiede assoluzione ivoriano". perugia: ansa.it. 27 August 2010. http://www.ansa.it/web/notizie/rubriche/cronaca/2010/08/27/visualizza_new.html_1789792942.html. Retrieved 6 September 2010.
- ^ "Caso Meredith, la Cassazione conferma: "16 anni per Guede"" (in Italian). Libero-News.it. http://www.libero-news.it/news/552408/Caso_Meredith__Cassazione_conferma______anni_per_Guede_.html. Retrieved 2010-12-16.
- ^ Popham, Peter (25 October 2008). "Knox dreams of building new life in China". The Independent. http://www.independent.co.uk/news/world/europe/knox-dreams-of-building-new-life-in-china-972770.html. Retrieved 16 January 2011.
- ^ a b Squires, Nick (30 October 2008). "Meredith Kercher suspect Amanda Knox tells of disappointment at being sent for trial". London: Telegraph. http://www.telegraph.co.uk/news/worldnews/europe/italy/3285478/Meredith-Kercher-suspect-Amanda-Knox-tells-of-disappointment-at-being-sent-for-trial.html. Retrieved 25 April 2010.
- ^ Follain, John (19 October 2008). "Amanda Knox ‘stabbed Meredith Kercher to death in satanic ritual’". London: The Times. http://www.timesonline.co.uk/tol/news/uk/crime/article4968044.ece.
- ^ Popham, Peter (1 November 2008). "Masonic theory that put Knox in the dock". London: The Independent. http://www.independent.co.uk/news/world/europe/masonic-theory-that-put-knox-in-the-dock-981759.html. Retrieved 2 January 2010.
- ^ a b Hooper, John (16 January 2009). "Meredith Kercher murder trial to be held in public, judge rules". The Guardian (London). http://www.guardian.co.uk/world/2009/jan/16/meredith-kercher-murder-trial-begins. Retrieved 11 March 2010.
- ^ Telegraph.co.uk "Meredith Kercher suspects on brink of being charged". London: The Telegraph. 19 June 2008. http://www.telegraph.co.uk/news/worldnews/europe/italy/2158050/Meredith-Kercher-suspects-on-brink-of-being-charged.html Telegraph.co.uk. Retrieved 25 May 2010. [dead link]
- ^ Owen, Richard (23 January 2010). "Giuliano Mignini convicted of ‘abuse of office’". Timesonline.co.uk (London). http://www.timesonline.co.uk/tol/news/world/europe/article6999196.ece. Retrieved 12 May 2010.
- ^ "Convict Opts for Silence at Knox Trial". ABC News. 9 April 2009. http://abcnews.go.com/TheLaw/story?id=7256544&page=1. Retrieved 9 March 2010.
- ^ "Amanda Knox Trial Resumes With New Evidence". ABC News. 11 September 2009. http://abcnews.go.com/International/US/amanda-knox-murder-trial-resumes/story?id=8548819. Retrieved 1 September 2010.
- ^ "Amanda Knox Trial Resumes With DNA Fight". ABC News. 14 September 2009. http://abcnews.go.com/International/US/amanda-knox-trial-resumes-dna-fight/story?id=8566292&page=2. Retrieved 1 September 2010.
- ^ Pisa, Nick (30 November 2009). "Foxy Knoxy is 'not Amanda the Ripper', Meredith Kercher murder trial told". Daily Mail (London). http://www.dailymail.co.uk/news/worldnews/article-1232165/Amanda-Knox-Amanda-Ripper-court-told-atMeredith-Kercher-murder-trial.html. Retrieved 11 March 2010.
- ^ Owen, Richard (5 December 2009). "Amanda Knox gets 26 years in prison for murdering Meredith Kercher". The Times (London). http://www.timesonline.co.uk/tol/news/world/europe/article6945547.ece. Retrieved 11 March 2010.
- ^ a b c "Amanda Knox murder case 'has no holes'". BBC News online. 4 March 2010. http://news.bbc.co.uk/2/hi/europe/8549724.stm. Retrieved 4 March 2010.
- ^ a b "Report: Knox jurors found no planning, malice in Kercher's slaying". CNN. 5 March 2010. http://edition.cnn.com/2010/CRIME/03/04/amanda.knox.jurors/index.html?eref=edition_us&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+rss%2Fedition_us+%28RSS%3A+U.S.%29. Retrieved 25 May 2010.
- ^ Follain, John (7 March 2010). "Amanda Knox murdered Meredith Kercher in frenzy of ‘sexual tension'". Sunday Times (London). http://www.timesonline.co.uk/tol/news/world/europe/article7052527.ece. Retrieved 8 March 2010.
- ^ a b Owen, Richard (5 March 2010). "Amanda Knox did not kill out of 'animosity or spite', judges say". The Times (London). http://www.timesonline.co.uk/tol/news/uk/crime/article7049945.ece. Retrieved 8 March 2010.
- ^ Martinez, Edecio; Katz, Neil (16 April 2010). "Amanda Knox Update: Prosecutor Giuliano Mignini Wants to Put American Student Away Forever". CBS News. http://www.cbsnews.com/8301-504083_162-20002673-504083.html. Retrieved 25 May 2010.
- ^ Graham, Bob (17 April 2010). "Amanda Knox's lawyers file appeal in Perugia". London: Telegraph. http://www.telegraph.co.uk/news/worldnews/europe/italy/7601679/Amanda-Knoxs-lawyers-file-appeal-in-Perugia.html. Retrieved 16 June 2010.
- ^ "Amanda Knox Appeal Says New Witness Can Prove She Is Innocent - ABC News". Abcnews.go.com. http://abcnews.go.com/GMA/amanda-knox-appeal-witness-prove-innocent/story?id=10412504. Retrieved 25 April 2010.
- ^ "Amanda Knox makes passionate speech before jury". The Guardian. 11 December 2010. http://www.guardian.co.uk/world/2010/dec/11/amanda-knox-appeal-dna-test. Retrieved 22 Dec 2010.
- ^ "Emotional Amanda Knox weeps as judge rules evidence against her can be reviewed". The Telegraph. 18 December 2010. http://www.telegraph.co.uk/news/worldnews/europe/italy/8211934/Emotional-Amanda-Knox-weeps-as-judge-rules-evidence-against-her-can-be-reviewed.html. Retrieved 28 Dec 2010.
- ^ "Court OKs Review of DNA Evidence in Knox Case - CBS News". 18 December 2010. http://www.cbsnews.com/stories/2010/12/18/earlyshow/saturday/main7162462.shtml. Retrieved 28 Dec 2010.
- ^ "Trump: Amanda Knox prosecutor 'a nut job'". KOMO News. 2 March 2010. http://www.komonews.com/news/local/85925657.html. Retrieved 20 June 2010.
- ^ Egan, Timothy (10 June 2009). "An Innocent Abroad - Opinionator Blog - NYTimes.com". Opinionator.blogs.nytimes.com. http://opinionator.blogs.nytimes.com/2009/06/10/an-innocent-abroad/. Retrieved 20 June 2010.
- ^ "CNN.com - Transcripts". Edition.cnn.com. http://edition.cnn.com/TRANSCRIPTS/0912/04/lkl.01.html. Retrieved 20 June 2010.
- ^ Murphy, Wendy (7 December 2009). "Is 'Foxy Knoxy' an innocent coed or manipulative murderer?". The Patriot Ledger. http://www.patriotledger.com/opinions/x1682953943/WENDY-J-MURPHY-Is-Foxy-Knoxy-an-innocent-coed-or-manipulative-murderer. Retrieved 20 June 2010.
- ^ Fox News, United States, 10 December 2009, 7.20 am CT
- ^ Fox News, United States, 9 December 2009, 9.24 am CT
- ^ Should Knox’s trial even have reached the courtroom?[dead link]
- ^ Libby Purves (7 Dec 09). "Fantasy world fuelled by sex, drink and drugs". London: The Times. http://www.timesonline.co.uk/tol/comment/columnists/libby_purves/article6946545.ece. Retrieved 11 July 2010.
- ^ Ryan Parry. "Anti-American bias accusations branded "ludicrous" by Meredith Kercher's father". mirror.co.uk. http://www.mirror.co.uk/news/top-stories/2009/12/08/anti-american-bias-accusations-branded-ludicrous-by-meredith-kercher-s-father-115875-21881142/. Retrieved 21 May 2010.
- ^ John Hooper in Perugia and David Batty (5 December 2009). "Meredith Kercher family welcome guilty verdicts on Amanda Knox and Raffaele Sollecito". The Observer (London: Guardian). http://www.guardian.co.uk/world/2009/dec/05/meredith-kercher-murder-knox-sollecito. Retrieved 21 May 2010.
- ^ John Kercher. "It's utterly despicable that the girl jailed for killing my daughter has become a celebrity". Dailymail.co.uk. http://www.dailymail.co.uk/femail/article-1334777/From-Meredith-Kerchers-father-passionate-attack-cult-Foxy-Knoxy.html. Retrieved 2010-12-16.
- ^ U.S. Student Delivers Appeal at End of Italian Trial
- ^ "Amanda Knox appeal: Police, prosecutors botched case | KATU.com - Breaking News, Sports, Traffic and Weather - Portland, Oregon | News". KATU.com. 19 April 2010. http://www.katu.com/news/91277704.html. Retrieved 21 May 2010.
- ^ a b Owen, Richard (13 January 2009). "Amanda Knox tries to ban 'prurient' book on her love life". The Times (London). http://www.timesonline.co.uk/tol/news/world/europe/article5509951.ece. Retrieved 9 April 2010.
- ^ Simon Hattenstone (27 June 2009). "Simon Hattenstone talks exclusively to Amanda Knox's mother, Edda Mellas | World news". The Guardian (London). http://www.guardian.co.uk/world/2009/jun/27/amanda-knox-mother-interview. Retrieved 11 April 2010.
- ^ "Knox 'ready to fight on', parents say". Cnn.com. 8 December 2009. http://www.cnn.com/2009/CRIME/12/07/italy.knox.parents/index.html?iref=allsearch. Retrieved 16 June 2010.
- ^ Goertzen, Kathi. "Trump: Italy, you're still fired until Amanda's free". Post Intelligencer. http://www.seattlepi.com/local/416070_trump02.html?source=rss. Retrieved 28 August 2010.
- ^ "'No smoking gun' evidence in Kercher case". BBC Online. 5 December 2009. http://news.bbc.co.uk/1/hi/world/europe/8396433.stm. Retrieved 16 December 2009.
- ^ "Gogerty Stark Marriott - The Team: David M. Marriott". gsminc.com. http://www.gsminc.com/marriott.htm. Retrieved 28 August 2010.
- ^ a b "Amanda Knox: What the Media Got Wrong About the Student Killer". thedailybeast.com. http://www.thedailybeast.com/blogs-and-stories/2010-04-02/how-the-media-got-knox-wrong/full/. Retrieved 28 August 2010.
- ^ "Press Release of Senator Cantwell". http://cantwell.senate.gov/news/record.cfm?id=320475. Retrieved 22 December 2009.
- ^ US Department of State: Ian Kelly, Department Spokesman. Daily Press Briefing, Washington, DC 7 December 2009. Retrieved 1 March 2010.
- ^ a b "Amanda Knox guilty of Meredith Kercher murder". BBC News (London: BBC). 5 December 2009. http://news.bbc.co.uk/1/hi/uk/8394750.stm. Retrieved 18 May 2010.
- ^ "Damages For Barman Framed By Amanda Knox". Sky News. 16 March 2009. http://news.sky.com/skynews/Home/World-News/Meredith-Kercher-Murder-Patrick-Lumuba-Awarded-Damages-Over-Amanda-Knox-Framing/Article/200903315242321?f=rss. Retrieved 18 June 2010.
- ^ "Amanda Knox Victim Fights for Cash". Daily Express (London). 7 February 2010. http://www.express.co.uk/posts/view/156667.
- ^ "Amanda Knox: Italian Civil Court Awards Knox $55,000 in Damages For Violation of Privacy - ABC News". Abcnews.go.com. 22 March 2010. http://abcnews.go.com/2020/AmandaKnox/small-victory-amanda-knox/story?id=10169888&page=1. Retrieved 24 June 2010.
- ^ "Amanda Knox: Italian Civil Court Awards Knox $55,000 in Damages For Violation of Privacy - ABC News". Abcnews.go.com. 22 December 2009. http://abcnews.go.com/2020/AmandaKnox/small-victory-amanda-knox/story?id=10169888&page=2. Retrieved 24 June 2010.
- ^ KOMO-TV staff (May 30, 2010). "Did Amanda Knox slander police? Second trial set to start Tuesday". Seattle Post-Intelligencer (Seattle). http://www.seattlepi.com/local/420882_knox30.html?source=mypi. Retrieved 9 September 2010.
- ^ "Amanda Knox indicted on slander charges - Yahoo! News". News.yahoo.com. http://news.yahoo.com/s/ap/20101108/ap_on_re_eu/eu_italy_knox. Retrieved 2010-12-16.
- ^ "Genitori Amanda Knox a giudizio per diffamazione polizia". ANSA. 15 February 2011. http://www.ansa.it/web/notizie/regioni/umbria/2011/02/15/visualizza_new.html_1587664665.html. Retrieved 16 February 2011.
- ^ "Amanda Knox's parents indicted, accused of libeling Italian police". CNN. 16 February 2011. http://edition.cnn.com/2011/WORLD/europe/02/15/italy.knox.parents/. Retrieved 16 February 2011.
- ^ http://www.thesun.co.uk/sol/homepage/news/3389356/Meredith-death-recreated-in-film.html
- ^ "Meredith Kercher's father attacks US film of her murder". BBC News. 4 February 2011. http://www.bbc.co.uk/news/uk-12371487. Retrieved 6 february 2011.
- ^ Amanda Knox lawyers seek to stop Lifetime film
- ^ "Film su Amanda, i legali di Sollecito: Lo ritirino o chiederemo il risarcimento". 5 February 2011. http://www.adnkronos.com/IGN/News/Cronaca/Film-su-Amanda-i-legali-di-Sollecito-Lo-ritirino-o-chiederemo-il-risarcimento_311641948132.html. Retrieved 6 February 2011.
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