Meredith Kercher murdered-Amanda Knox appeals conviction #20

[Nova]

Okay, this is not directly on topic, but I feel it is relevant given that it demonstrates quite effectively that the Italian system pretty much lets prosecutors do whatever they want, no matter how rediculous their assertions may be:

http://www.livescience.com/16132-it...ter&utm_medium=Email&utm_campaign=LS_09212011



BBM

 

[otto]

I myself am a heroine addict. Catwoman? Supergirl? Wonder Woman? I dig all of the above, so I resemble that remark!

But, with regard to witnesses in a criminal trial, the interesting thing is that: 1) the prosecution has a burden of bringing in witnesses of suitable character to buttress a case of guilt provable beyond a reasonable doubt; 2) given that Rudy Guede is a criminal who has been ostracized by friends and his adoptive family, it is an unfortunate necessity that testimony to his words would come from fellow criminals; and, finally 3) unlike the prosecution, it is not the burden of the defense to provide ironclad proof of innocence, but to demonstrate enough flaws in the case against Knox and Sollecito to prove reasonable doubt.

Given that the prosecution's case always hung from the thinnest of threads, and now that C&V have cut that thread, the prison witnesses who testified are a sideshow.

The mafia turncoat and child murderer defense witnesses were most definitely a side show, a complete circus. Someone that relies on witnesses like that is in no position to criticize a witness that is a heroin addict.

 

[otto]

That hasn't happened in Amanda's case, so I find it premature of Vogt to say "If Amanda is acquitted, and if she goes straight home, and if the prosecutors successfully appeal at the SC level, that then she will be like these cases of war criminals not being prosecuted due to US intervening. It's a stretch. A big one.

Not to mention, if she is acquitted I highly doubt the prosecution will be able to present any instances where she was let go due to any violations of the law. Just a guess, but I'm assuming the SC rulings are in place more to ensure that the defendant's rights weren't violated, and doesn't cater so much to the other side. And we know that the SC doesn't evaluate the evidence.

I think the Supreme Court can uphold the convictions, so the reporter is right in saying that if the verdicts are overturned and Knox/Sollecito leave Italy, then it will be difficult to force them to return to complete their prison sentences.

What's going on with Knox's slander case? I can't remember if that's been heard or not ... but I think not. Since she's still facing charges that could put her in jail, how will that play into any appeal rulings?

 

[SunD]

The mafia turncoat and child murderer defense witnesses were most definitely a side show, a complete circus. Someone that relies on witnesses like that is in no position to criticize a witness that is a heroin addict.

Yes they are.

 

[SMK]

(Reuters) - American student Amanda Knox walked into a court room in Perugia on Friday for the final stages of an appeal she is hoping will allow her to walk free after nearly four years in an Italian prison.

Wearing a pink top and looking nervous, Knox listened as prosecutors began their closing arguments in the appeal hearing against her conviction for the murder of her British flatmate Meredith Kercher in 2007.

Knox's hopes of being set free were given a strong boost by an independent report which cast strong doubt on DNA evidence used to convict her, but prosecutors urged the court to look past the confusion in the case and look at all the evidence.

. . . If acquitted, both Knox and her ex-boyfriend would be freed immediately, said Carlo Fiorio, a professor of criminal procedure at the University of Perugia. They could also have their sentences confirmed, shortened or lengthened, he said.

"The two defendants can still appeal in a final court in order to try and repeal the verdicts of both the murder trial and appeals hearing," he added.

http://www.reuters.com/article/2011/09/23/us-italy-knox-idUSTRE78M1V820110923

 

[SMK]

From PMF, things have moved up a bit schedule wise:

Latest appeal dates:

Prosecution - September 23 and 24

Civil parties - September 26

Sollecito - September 27

Knox - September 29

Rebuttal and verdict - October 3 and 4

although this may be the latest update:


Tomorrow 24 - Manuela Comodi
Monday 26 - civil parties
Tuesday 27 - Knox
Wednesday 28 - courtroom used for another case
Thursday 29 - Sollecito
Friday 30 - rebuttal
Saturday 1 - rebuttal

Monday - October 3 - verdict


and poor Frank Sfarzo:

#amandaknox @injusticeinperugia @rollingstone SR Moorse tweets: Journalist Frank Sfarzo assaulted/hauled away by 3 cops tinyurl.com/3p9ymvx

 

[Footwarrior]

Frank Sfarzo has been one of the best sources of information on this case from the very beginning. I hope he is OK.

 

[SMK]

VIDEO of Court this morning in Perugia:http://abcnews.go.com/International...ution-shows-gruesome-photos/story?id=14585166

Amanda Knox Summations Have Gruesome Start

Italian prosecutors argued today that American student Amanda Knox should be kept in prison and displayed a series of bloody crime scene photos, including gruesome close ups of murder victim Meredith Kercher's wounds.

The bare knuckle tactics by the prosecutors comes on the final leg of an appeal by Knox, 24, and her former boyfriend Raffaele Sollecito, 27, who were convicted in 2009 of killing Kercher. There has been growing speculation that Knox and Sollecito could win their appeal and be freed because court appointed experts have raised damaging questions about the prosecution's DNA evidence.

Knox , serving a 26 year prison sentence, today seemed to reflect that hope that she could be released, as well as the worry that her hopes could be crushed. She appeared tense and anxious as she entered the courtroom in Perugia, Italy, for the start of summations. She barely smiled at her family who have gathered in Perugia for what they hope will be a final time.

As Knox walked in, her mother Edda Mellas was heard to say, "It looks like Amanda isn't sleeping well."

 

[SMK]

Amanda and Raff entering court today, from Umbria 24, Italia

http://www.youtube.com/user/Umbria24

[video=youtube;Otr_hbUoOlA]http://www.youtube.com/watch?v=Otr_hbUoOlA&feature=channel_video_title[/video]

 

[Malkmus]

lots of interesting Mignini details being tweeted:

Mignini talking about mixed blood, Sollecito footprint. Says #amandaknox testified that there was no blood in bathroom night before murder meaning she "dated" the blood.

Mignini reminds jury that #amandaknox kept a vibrator and condom in bathroom. Vibrator was not the murder weapon... pandering to press?

Prosecutor Mignini complains of Nazi-like tactics used by defense to discredit police experts. Lunch break now.

Mig: #amandaknox collapsed during now-famous lengthy interrogation out of guilt, not pressure, he says. SHE said his name first, not us.

prosecutor Giuliano Mignini to jury: every one of us has a dark side.

Mignini:staged crime scene most important part of the case in #amandaknox hearing, showing bathroom rug, says it is #sollecito's footprint.

Lame attempt by prosecution to give cred to homeless curatolo as reliable witness in #amandaknox appeal.

Mignini says #amandaknox blamed Patrick #lumumba because he was a "colored man".

https://twitter.com/#!/BLNadeau

https://twitter.com/#!/courtneycwalsh

 

[Malkmus]

Looks like today's hearing has just concluded, and with this closing remark:

Prosecutor says he doesn't want "poor black boy"(in this case Rudy) to get the blame as always

https://twitter.com/#!/courtneycwalsh

 

[ohiogirl]

Amazing!
I also hope FS is ok. This has to stop.

 

[Monzoo]

Looks like today's hearing has just concluded, and with this closing remark:



https://twitter.com/#!/courtneycwalsh

Okay, this drives me a little crazy. RG has been convicted for the murder of MK, and the outcome of the trial of RS and AK will have no bearing on that. I hope that the judges are not influenced by silly arguments like this. (I would feel this way about ANY silly argument. )

 

[Monzoo]

Amazing!
I also hope FS is ok. This has to stop.

Agreed. This kid of intimidation of the press has no place in a free society.

 

[Malkmus]

Amazing!
I also hope FS is ok. This has to stop.

Word is he was being fined for biting an officer's hand during a previous altercation. What timing that he gets pulled away from covering the prosecution's big day...

I can only think of a couple instances where someone would be in a position to bite a police officer's hand...

 

[SMK]

I do not like much of Mignini's remarks that are being tweeted. He wants a return to the early days, when sensationalism and vibrators and dark sides of innocence were the rule of the day. I just hope the jury does not want the same return. It could be 2009 all over again.

 

[SkewedView]

I do not like much of Mignini's remarks that are being tweeted. He wants a return to the early days, when sensationalism and vibrators and dark sides of innocence were the rule of the day. I just hope the jury does not want the same return. It could be 2009 all over again.

Seeing as how the appeals trial up til now has been pretty matter of fact, I have to think that these sleazy tactics are not going to go over too well with the jury. Really, appealing to sexism, nationalism and the race card? Mignini really weakened his presentation of actual facts with all of this ranting, innuendo and finger pointing, IMO.

The 'look at the victim's death' appeal was as expected at least, that's pretty much SOP for the prosecutor in any murder trial. Same with the media's heavy attention on that part of the presentation - I think they just like to use the word 'gruesome'.

 

[otto]

Agreed. This kid of intimidation of the press has no place in a free society.

Frank had not paid a 450 Euro fine, so when he showed up in front of the police, they detained him. How does it work in other places when someone doesn't pay their fine? Isn't it normal for police to haul them off to pay it?

 

[Cappuccino]

Frank had not paid a 450 Euro fine, so when he showed up in front of the police, they detained him. How does it work in other places when someone doesn't pay their fine? Isn't it normal for police to haul them off to pay it?

No, it isn't. Its normal to summons them to court to face charges of non-payment, not grab them in the middle of their working day and haul them away somewhere.

 

[otto]

No, it isn't. Its normal to summons them to court to face charges of non-payment, not grab them in the middle of their working day and haul them away somewhere.

If he had simply paid the fine, like a law abiding citizen, he could have carried on with his day.