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

[Amber29]

"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

Mignini didn't even handle the last part of the trial, that is where the "corrupt prosecutor" argument falls apart. Multiple prosecutors have handled this case up to Galati, the prosecutor general for Perugia. So are they all corrupt, considering Mignini didn't even handle the first instance trial by himself?

 

[Amber29]

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.

Their system is working as it supposed to, it is not anyone applying it incorrectly.

What people don't seem to understand is that this is all steps in ONE trial. She is not being retried or anything else. In first instance they were convicted, she gets to appeal that verdict and she did. Hellmann reversed the sentence. Now the prosecutor gets to appeal, they did and Hellmann was overturned. Now the court of cassation gets it. There system is simple, NOTHING is considered final until their cassation court rules. She was never "innocent" or truly "acquitted" because their supremes had yet to rule. Both sides get their chance at appeal and they have done so. Italy does have a form of double jeopardy and if the Supreme Court rules her in her favor, it will kick in.

 

[Amber29]

Anyways the wait is on for Friday, hoping for an upheld Guilty verdict!

Justice for Meredith Kercher!

 

[dog.gone.cute]

Their system is working as it supposed to, it is not anyone applying it incorrectly.

What people don't seem to understand is that this is all steps in ONE trial. She is not being retried or anything else. In first instance they were convicted, she gets to appeal that verdict and she did.

Hellmann reversed the sentence.

Now the prosecutor gets to appeal, they did and Hellmann was overturned. Now the court of cassation gets it. There system is simple, NOTHING is considered final until their cassation court rules. She was never "innocent" or truly "acquitted" because their supremes had yet to rule. Both sides get their chance at appeal and they have done so. Italy does have a form of double jeopardy and if the Supreme Court rules her in her favor, it will kick in.

:seeya:

BBM: There was so much "hink" with Hellmann and his court's reversal of the Trial Court's original GUILTY Verdict ... that should have NEVER happened :gaah:

JMO but that Hellman decision IS the reason this case is where it is at today because if not for Hellmann, the SC would not have had to send the case back to the appellate court and back to the SC for a 2nd time.

Again JMO, but I do believe the Supreme Court will uphold the convictions ... the SC has already ruled that Hellmann got it WRONG, and also ruled Guede did NOT act alone.

MOO !

 

[Elisaa444]

Anxiously waiting for Friday.

Justice for Meredith :rose::heartbeat:

(JMO, MOO and all that)

 

[magnolia]

Can someone explain why they allowed Amanda to leave Italy. Have never understood that.

 

[lisa1990]

I cant believe they dragged it out until Friday I guess Raf wanted to celebrate his birthday outside of prison

 

[SCHMAE]

Good info on this page about the process and US v. Italian law on this. I had not even given that much thought since I haven't followed it closely.
If Italy asks for her and US refuses, what will happen ?

 

[ScarlettScarpetta]

Can someone explain why they allowed Amanda to leave Italy. Have never understood that.

Because she was acquitted. They could not keep her. It is not like she won an appeal and then was sent back to jail to await trial. She was found not guilty in that next proceeding and they could not keep her in jail.
If they still had charges on her, as in an appeal, She would have been sent back to jail on murder charges while waiting that appeal.

That is not what happened.
They have the right person in jail already. RG is their killer.

 

[ScarlettScarpetta]

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 !

They are trying to find them guilty again. They were convicted and sentenced, They were then acquitted and set free. Then the court found them guilty again and now this court wants to affirm that and send them back to prison.
I know it is not like our system and I understand how it works but this hearing is still the process of finding them guilty again after an acquittal.

 

[dgfred]

I am sorry you don't agree with Italy's laws but it will have no bearing on the case. There is no double-jeapardy, they are not being tried again, they were released on appeal (not acquitted), it is one trial.

Those are the facts. Not to sound or be snarky in any way but your opinion doesn't change any of it (facts)even tho it is interesting to read.

 

[ScarlettScarpetta]

I am sorry you don't agree with Italy's laws but it will have no bearing on the case. There is no double-jeapardy, they are not being tried again, they were realeased on appeal (not acquitted), it is one trial.

Those are the facts. Not to sound or be snarky in any way but your opinion doesn't change any of it (facts)even tho it is interesting to read.

I don't agree with their laws and I don't think that she will be extradited there as I see many many law experts, International Lawyers are all saying this still amounts to Double jeopardy in ours and so would not be part of the extradition treaty.
If they were just released on APPEAL, then why weren't they sent back to jail to be held over for trial as they were in the beginning. I don't think that the actions of the court meet with their branding of the the results. I think that because they call something different does not mean that it is not in fact what the legal community says it is.

 

[dgfred]

Many, many lawyers? From Italy?

A regular European country with it's own laws and judiciary system... accepted by other countries with treaties.

The State Dept has watched the case from the beginning... no problems. Right?

It would not even apply for double-jeapardy here... I don't know why you keep saying that. Repeating it doesn't make it so. The ENTIRE process is ONE trial.

We can agree to disagree tho

 

[ScarlettScarpetta]

Many, many lawyers? From Italy?

A regular European country with it's own laws and judiciary system... accepted by other countries with treaties.

The State Dept has watched the case from the beginning... no problems. Right?

It would not even apply for double-jeapardy here... I don't know why you keep saying that. Repeating it doesn't make it so. The ENTIRE process is ONE trial.

We can agree to disagree tho

State dept can not do anything if someone is convicted and held in another country for murder however once they come back on our soil they can.
Because it amounts to that.
They were convicted. ON THE SAME EVIDENCE it was overturned! Then they are back at calling them guilty. That is double Jeopardy. They don't have it but we do.
Their system is pro govt not pro people.

I am going to keep saying it because it is true. The process may be called different things but it is still true. The evidence has not changed.

 

[magnolia]

Because she was acquitted. They could not keep her. It is not like she won an appeal and then was sent back to jail to await trial. She was found not guilty in that next proceeding and they could not keep her in jail.
If they still had charges on her, as in an appeal, She would have been sent back to jail on murder charges while waiting that appeal.

That is not what happened.
They have the right person in jail already. RG is their killer.

It is my understanding, per Italian law, no decision is final until it is signed off on by the highest court. That said, I don't understand why Amanda was allowed to leave the country.

 

[Love Never Fails]

It is my understanding, per Italian law, no decision is final until it is signed off on by the highest court. That said, I don't understand why Amanda was allowed to leave the country.

Scarlette is right in that in our country this would be double jeopardy. You are right that in Italy it isn't final until signed off by the highest court. But Amada is not guilty and they won't leave her alone. All politics and bs.

 

[ScarlettScarpetta]

It is my understanding, per Italian law, no decision is final until it is signed off on by the highest court. That said, I don't understand why Amanda was allowed to leave the country.

Because they overturned her verdict. Because they basically said the first trial was wrong. They said on the same evidence she was not guilty.
I am glad they let her go and that she is home and I hope the US keeps her here.

 

[dgfred]

So they (Italy) don't have double-jeapardy but we (US) do. So that nullifies the one trial Italy has had?
That is going to make AK innocent?

After the Hellmann ruling (appeal) was completely obliterated by the Italian Supreme Court RS was not allowed to leave the country. AK would not have been able to leave the country either if the Appeal Court (Hellmann) had not made the ridiculous ruling that the Italian Supreme Court obliterated and annulled.

That is what happened. That is why she was able to leave the country. How can it be that she was 'acquited' on a decision (appeal verdict) that was found completely wrong by the Supreme Court?

A bad/wrong/unreasonable/illogical ruling = released on appeal
Release wrong/bad/illogical = Supreme Court ruling

Why would anyone want an accused killer getting off on the murder because of a slight difference in systems?

In the end even 'IF' it was double-jeapardy she would not be innocent IMO... just someone that got away with what they did because of a technicality.

 

[Love Never Fails]

I really feel for Meredith Kercher, the true victim in all of this. jmo

Feeling for Meredith doesn't mean convicting an innocent young girl of murder. They have the killer locked up. Whatever Amanda said or how she acted, she was in a foreign country, young and scared. She isn't guilty.

 

[Love Never Fails]

Watching videos of Amanda being interviewed and she never says I am Innocent, I did not do this etc.
She also looks at the floor a lot and she never cries either.

Strange. I just watched an interview. Anyone can find it on google. Amanda looks directly and says I didn't do this. I am innocent. Guess you only saw what you were looking for.