Italy’s Highest Appeals Court to Decide Amanda Knox’s Fate

[sherlockh]

Unfounded accusations of corruption (even the entire system/country) and insulting people with different opinions only show that there is no case for innocence. And they haven't even decided yet!

 

[ScarlettScarpetta]

Unfounded accusations of corruption (even the entire system/country) and insulting people with different opinions only show that there is no case for innocence. And they haven't even decided yet!

"Giuliano Mignini, who prosecuted Knox and her former boyfriend Raffaele Sollecito in Perugia, Italy for the murder of Knox’s college roommate, Meredith Kercher, was found guilty in the Florence Court Jan. 22 of illegal phone tapping, abuse of high office, and dereliction of duty in connection with highly publicized "The Monster of Florence" serial killer case in Italy."

Found guilty means.... wait for it... CORRUPT.

http://www.westseattleherald.com/2010/01/31/news/amanda-knox-head-prosecutor-charged-abuse-power

 

[Coldpizza]

Hi guys, this thread wasn't started to re hash years worth of disagreements.

It was started to discuss the current events of the appeal.

We won't be going down that rabbit hole and are lucky Admin gave the go ahead on this thread.

Please give updates as available and remember to link to MSM.

:tyou:

 

[sherlockh]

"Giuliano Mignini, who prosecuted Knox and her former boyfriend Raffaele Sollecito in Perugia, Italy for the murder of Knox’s college roommate, Meredith Kercher, was found guilty in the Florence Court Jan. 22 of illegal phone tapping, abuse of high office, and dereliction of duty in connection with highly publicized "The Monster of Florence" serial killer case in Italy."

Found guilty means.... wait for it... CORRUPT.

http://www.westseattleherald.com/2010/01/31/news/amanda-knox-head-prosecutor-charged-abuse-power

Wrong. He appealed and won. All charges were dropped. So no corruption. Many different prosecutors have been part of the trials by now. It is silly to say the outcome would have been any different with different prosecutors or that the whole system is corrupt. JMO.

 

[ScarlettScarpetta]

Wrong. He appealed and won. All charges were dropped. So no corruption. Many different prosecutors have been part of the trials by now. It is silly to say the outcome would have been any different with different prosecutors or that the whole system is corrupt. JMO.

Wait he appealed and won and then what? Did they go after him again? Another shot at the pie??

I believe this man is corrupt.
I believe that she was exonerated and I believe that makes her eligible to stay here no matter what the court decides this time.

 

[AW2B]

There is no doubt that the prosecutor was and is corrupt. That is a fact.
There is no doubt that they were acquitted.
So now we have a court who wants to go back and get another bite of the pie.
It would be one thing if they were found guilty and guilty but to acquit them and then go back and try and reverse that, is slimy. I know that is their system but it is not one that protects the citizen it protects the government.
I hope that if they reverse this the US keeps her here.

BBM

They were not acquitted. They were found guilty--->they appealed the verdict---> their conviction was reversed. This happens all the time in the US where the prosecution would have the option to charge the defendant again with the same offense resulting in a new trial. Double jeopardy only applies if they were acquitted in the trial. For example, if a defendant is charged with 1st degree murder but is found only guilty of 2nd degree murder..the defendant appeals the verdict..the court of appeals reverses the verdict. The prosecution can only charge that defendant with a 2nd degree murder NOT a 1st degree murder. Charging that defendant with a 1st degree murder would be considered "double jeopardy".

 

[ScarlettScarpetta]

BBM

They were not acquitted. They were found guilty--->they appealed the verdict---> their conviction was reversed. This happens all the time in the US where the prosecution would have the option to charge the defendant again with the same offense resulting in a new trial. Double jeopardy only applies if they were acquitted in the trial. For example, if a defendant is charged with 1st degree murder but is found only guilty of 2nd degree murder..the defendant appeals the verdict..the court of appeals reverses the verdict. The prosecution can only charge that defendant with a 2nd degree murder NOT a 1st degree murder. Charging that defendant with a 1st degree murder would be considered "double jeopardy".

But that is not what is happening here. The court is asking to have the guilty verdict reinstated. Basically finding them guilty twice based on the same evidence that got them cleared of the conviction.. If that is how you want it stated.

 

[dog.gone.cute]

There is no doubt that the prosecutor was and is corrupt. That is a fact.

There is no doubt that they were acquitted.

So now we have a court who wants to go back and get another bite of the pie.

It would be one thing if they were found guilty and guilty but to acquit them and then go back and try and reverse that, is slimy.

I know that is their system but it is not one that protects the citizen it protects the government.
I hope that if they reverse this the US keeps her here.

BBM: First, AK and RS were NOT acquitted: both were found GUILTY by the Trial Court, which was the court of original jurisdiction.

The event today at the Supreme Court in Italy is that SAME, ORIGINAL Trial Court's Verdict of GUILTY, working its way up and down the Appellate Court/Supreme Court process. And this process takes years ...

JMO but Italy's "system" is not much different than what we have here:

- Trial Court
- Appellate Court
- Supreme Court

The Trial Court has already ruled that AK and RS are GUILTY ... and this decision is not a FINAL decision until that decision completes its way through both the Appellate Court and Supreme Court.

JMO and MOO !

 

[ScarlettScarpetta]

Thanks for the lesson on their system. I still believe that this is trying people more than once for the same crime. I am glad that is not how it works here. And I also believe that if they go back to their guilty paddle, She should not have to leave.

 

[ScarlettScarpetta]

""Extradition shall not be granted when the person sought has been convicted, acquitted or pardoned, or has served the sentence imposed, by the Requested Party for the same acts for which extradition is requested," the treaty states.

And Knox was, according to M. Cherif Bassiouni, a former U.N. lawyer and international extradition law expert.

American and Italian officials may interpret the treaty's double-jeopardy clause differently based on their own judicial systems, but Bassiouni said no interpretation would pass muster.

"Whatever the interpretation of article VI may be ... Amanda Knox would not be extraditable to Italy should Italy seek her extradition because she was retried for the same acts, the same facts, and the same conduct," Bassiouni wrote in an Oxford University Press blog post. "Her case was reviewed three times with different outcomes even though she was not actually tried three times."

This is the expert and I believe her understanding and representation of the facts.

 

[dog.gone.cute]

But that is not what is happening here. The court is asking to have the guilty verdict reinstated. Basically finding them guilty twice based on the same evidence that got them cleared of the conviction.. If that is how you want it stated.

1st BBM: The "GUILTY Verdict" basically stands. However, that Guilty Verdict is "pending" -- awaiting the results of the Supreme Court's final decision.

2nd BBM: They have NOT been found Guilty twice: they were found Guilty ONCE by the Trial Court.

You canNOT be found "Guilty" by an Appellate Court or a Supreme Court.

The Appellate and/or Supreme Court rule to either uphold, overturn, reverse, remand, etc. the decision of the Trial Court.

MOO !

 

[ScarlettScarpetta]

1st BBM: The "GUILTY Verdict" basically stands. However, that Guilty Verdict is "pending" -- awaiting the results of the Supreme Court's final decision.

2nd BBM: They have NOT been found Guilty twice: they were found Guilty ONCE by the Trial Court.

You canNOT be found "Guilty" by an Appellate Court or a Supreme Court.

The Appellate and/or Supreme Court rule to either uphold, overturn, reverse, remand, etc. the decision of the Trial Court.

MOO !

And there in lies the problem for me. If you are found not guilty as they were, acquitted in their system, They are not being tried again but the court is now trying to find them guilty again on the same facts used to acquit them. And I know people keep thinking that is not the proper word but I believe it is applicable to how their system works because they did not keep her in jail and retry her, They SET HER FREE. That means that she was cleared of the charges. Had she not been, and just hanging out waiting on the next appeals process she would have been kept in jail while awaiting the next charges or charged again with new charges. That is not what happened. They set her free AND let her leave the country.

I get all the weird twists and turns but I believe that in all this knowledge people are still not applying their system correct either.

 

[iluvmua]

Ok, Let's all agree to disagree and move on.

Anyways, there are 3 possible outcomes:

1. verdict is upheld
2. the appeal gets sent back for re hashing
3. One or both has their sentence overturned

(I may have gotten some wrong so please correct me).

At this point, it could go any of the three ways, but I have been hearing that more than likely the verdicts will be upheld.

MOO

 

[dog.gone.cute]

Do you didn't read #RaffaeleSollecito's appeal doc.He argues #AmandaKnox's confession puts her at crime scene and him at home.
(#amandaknox twitter- someone replied to someone else and this is what they said).

Yet he lies again. Go Figure!

:seeya:

Raf, and AK, are always talking out of both sides of their mouths :gaah:

JMO but I really do think that when this Supreme Court rules, and Raf is carted off to :jail: he is going to bust !

Raf is not going to be a happy camper ... he needs to let it out and tell all ...

It will make him feel better

:moo:

 

[iluvmua]

:seeya:

Raf, and AK, are always talking out of both sides of their mouths :gaah:

JMO but I really do think that when this Supreme Court rules, and Raf is carted off to :jail: he is going to bust !

Raf is not going to be a happy camper ... he needs to let it out and tell all ...

It will make him feel better

:moo:

Is this his latest version? It was in his recent 306 page appeal. (I found the document, but it is in italian).

 

[AW2B]

But that is not what is happening here. The court is asking to have the guilty verdict reinstated. Basically finding them guilty twice based on the same evidence that got them cleared of the conviction.. If that is how you want it stated.

BBM

Because when the guilty verdict was reversed..it was the first step in Italy's appeal process. Then they had an appellate trial which found them guilty. Amanda's defense appealed that verdict. Italy's highest court, the Court of Cassation will have the final ruling. If that court reverses the conviction..it's over..double jeopardy will apply. If that court upholds the conviction..Amanda's defense can no longer appeal the verdict..it's over.

 

[iluvmua]

#Raffaele Sollecito says he is hopeful his murder conviction will be overturned. #raffaele sollecito twitter.

https://twitter.com/hashtag/raffaele sollecito

 

[ScarlettScarpetta]

Im sticking with the international law expert on this one.

 

[dog.gone.cute]

And there in lies the problem for me. If you are found not guilty as they were, acquitted in their system, They are not being tried again but the court is now trying to find them guilty again on the same facts used to acquit them. And I know people keep thinking that is not the proper word but I believe it is applicable to how their system works because they did not keep her in jail and retry her, They SET HER FREE. That means that she was cleared of the charges. Had she not been, and just hanging out waiting on the next appeals process she would have been kept in jail while awaiting the next charges or charged again with new charges. That is not what happened. They set her free AND let her leave the country.

I get all the weird twists and turns but I believe that in all this knowledge people are still not applying their system correct either.

BBM: There are NO "weird twists and turns" in the Italian Judicial System.

As I previously posted, there "court system" -- which is a "three tier court system" -- is not much different than what we have here in the U.S.: trial court, appellate court and a supreme court. We have the same "three tier court system" here in Louisiana, as well as our laws are based on "civil law" -- like Italy.

The differences between the U.S. and Italy's courts are how they are structured, the procedures/rules for appellate review, the procedures/rules for review by the supreme court, etc.

The Italian Supreme Court is NOT trying to find them "Guilty" AGAIN -- they are ruling on whether to uphold the appellate court's recent decision, which is the GUILTY Verdict stands.

MOO !

 

[dog.gone.cute]

#Raffaele Sollecito says he is hopeful his murder conviction will be overturned.
#raffaele sollecito twitter.

https://twitter.com/hashtag/raffaele sollecito

And there you have it -- straight from the horse's mouth:

Raf knows his "murder conviction" is hanging by a thread !