WARNING:GRAPHIC PHOTOS Meredith Kercher murdered-Amanda Knox appeals conviction #8

[SMK]

OK, got it straight now:

Current Activity (22 Feb 2011)
Knox & Sollecito remain in jail while the appeals are in process.

The first appeals are anticipated to conclude at the end of May, at which time it is likely that an appeal will be taken to the higher court.

Knox & Sollecito are in the first level of appeals in the courts in italy. Unlike the appeals court in america which reviews the technical and procedural aspects of the trial, the first appeals court reviews all of the evidence in the case. The appeals court has all of the documents and information that was presented at the first trial. The prosecution can also file an appeal, and has in this case, arguing against the first court’s reduced sentence (from a full sentence of 30 years); the reduced sentence was based on mitigating factors including their age.

After this appeal would be an appeal to the highest court, the Supreme Court of Cassation. “Like other supreme courts around the world, such court does not re-examine the entire body of evidence, but only ‘errores in iudicando’ and ‘errores in procedendo’ (errors in procedure or application of the law).” (Via True Justice)

Knox & Sollecito’s defense have contested almost all of the evidence in the trial. However, the appeals court has only approved a limited number of actions- independent review of the DNA evidence from the knife and the bra strap, and a counter-witness and requestioning of Curatolo and his testimony (specifically that he saw the club busses in the square that night; the counter witness is anticipated to testify that the club busses weren’t running.)

Independent investigators are reviewing DNA evidence and findings from knife and bra clasp. The knife and the bra strap are the strongest forensic indicators of the involvement of Knox & Sollectio; however there is significant additional forensics that isn’t being reviewed. The independent reviewers will present their results at the 21 May court date. Reviewers from both the prosecution and the defense will be in attendance at the reviews.

Next court dates (Saturday)
12 March
26 March
16 April
21 Mayhttp://aklwei.wordpress.com/appeal-status/

 

[minazoe]

they have nothing.

 

[SMK]

they have nothing.

Do you mean the defense, or the prosecution?

 

[SMK]

If this witness matters, I would say this was a major blunder, the other evidence notwithstanding...

Judge: So, you saw Amanda and Raffaele?


Curatolo: Yeah, it was Halloween when I saw them. I know this because I saw the kids getting on the disco buses all dressed up in costumes. That’s how I also know what time it was.

Judge: When is Halloween?


Curatolo: I don't know. Maybe end of October or beginning of November, I think.

Judge: You aren’t sure? What about your case now? You are in prison, correct? How long will you be there?


Curatolo: I don’t know. I don’t understand the case against me really. I understand nothing.

Judge: Ok, so how did you live in the park? Were you always there?


Curatolo: Always, yes. I never left. I just lived there. On a bench mostly.

(questions regarding where Toto poops omitted)


Judge: Never mind. So, are you certain the buses were disco buses and not tour buses?


Curatolo: Yes, definitely disco buses. They look different from other buses.

Prosecutio*n: No, no, you must be mistaken?


Curatolo: No. I am certain they were disco buses.

Judge: Do you take drugs?


Curatolo: Yes, heroin.

Judge: Were you taking drugs on that night?


Curatolo: I always take drugs, so most certainly I was high that night…but that’s ok. heroin does not make you hallucinat*e or anything.

Judge: Guards, take him away. I am done.

Cannot seem to get the report to link; It is by Bruce Fisher, New York City, contributor at *********.

http://www.*********.com/contributed-news/8603548-journalists-owe-amanda-knox-raffaele-sollecito-an-apology (Do not know why ********* report will not link? http://www.*********.com/contribute...owe-amanda-knox-raffaele-sollecito-an-apology

 

[ohiogirl]

Normally my private life remains just that private. This weekend though one of the most caring, nuturing, loving people in the world passed away.

Her moto throughout life was "treat people the way you wish to be treated" and her main perspective on life was that it is always very easy to judge others but few take the time to realize what the ramifications those judgements may have on others. She often said never think that you are better than those whom you have passed those judgments on and if you think you are then it is time to take a good look inside yourself.

My aunt on the other hand is simply one of those people who believes that she has the god given right. In her very self centered, self righteous, and quite pompous belief of herself (she attends church every Sunday) she passed judgement on me when my partner arrived at the hospital, hugged me and gave me a kiss, not in a sexual way, but to simply express that he was here to help and confort.

If it had not been so sad to watch and hear, my aunt created chaos over her perception that what my partner did was inappropriate. My uncle quickly escorted her from the room and yup I was beyond furious. In my normally decisive way, I went to the hallway and informed her in no uncertain terms that she would not be welcome at the funeral and asked the staff to have her removed from the hospital.

Upon reflection, my step mothers words came back and I realized my "decision" was wrong. I called my aunt up and told her that in my company she was never to pass judgement on any person. She would be welcome at the funeral if those conditions were adhered to and her response was to hang up. I hope that I can live up to the legacy of my step mother whom I came to love and respect greatly. For my aunt I hope and pray that she takes the time to look within herself as I do not believe if she took the time to look in the mirror she would like whom or what she has become. Needless to say my uncle and cousins were upset with her behaviour. I smiled and said hey lets head back to my home as I know she is smiling down on us all.

There is a moral to this. Some will understand it and others with find offense with it. Some may simply dismiss it. I did though find it ironic how the very incident that had just happened to me was being discussed.

I am so very sorry for your loss Allusonz. I hope that memories of your step-mother will continue to bring you comfort. I recently lost someone who was a great role model to me, also, and I will miss her for as long as I live. But, I will also think of how she lived in this world and use it as a shining example to myself. Good luck to you.

 

[minazoe]

Do you mean the defense, or the prosecution?

the prosecution has nothing...absolutely nothing. Nothing in this case would have been allowed here...none of it...zip...zero...Im not saying it hasn't happened before..

containimated evidence...a really hard to swallow motive...junk information from addict informants...heresey up the wazoo...testimony and coerced confession with no legal representation..

can't place her at the scene
cant find her prints in the room of the victim
can't find a murder weapon
a tampon as a motive? really?
she called her mother that night...so the f what?

this was an orchestrated character assassination of this girl, whose only crime is that she is a twit...

even if she went in there and cut this girls head off...they have no evidence...none.

how they even arrested her is beyond imagination.

 

[SMK]

the prosecution has nothing...absolutely nothing. Nothing in this case would have been allowed here...none of it...zip...zero...Im not saying it hasn't happened before..

containimated evidence...a really hard to swallow motive...junk information from addict informants...heresey up the wazoo...testimony and coerced confession with no legal representation..

can't place her at the scene
cant find her prints in the room of the victim
can't find a murder weapon
a tampon as a motive? really?
she called her mother that night...so the f what?

this was an orchestrated character assassination of this girl, whose only crime is that she is a twit...

even if she went in there and cut this girls head off...they have no evidence...none.

how they even arrested her is beyond imagination.

Well said---I have come to see it this way, too-----but I am worried because if she could be convicted in the first place......I am hoping, but wish it would be over. Especially because many who believe in conviction (not here, but on another forum) are still gloating, still firmly believing the conviction will be upheld...

 

[dgfred]

Maybe a review of the Judge's report is in order... and the Supreme Courts ruling in RG's case might help too.

 

[SMK]

Addendum: Reports like this make me very worried: excerpted from
Barbie Lataza Nadeau's report in The Daily Beast on the Perugia court scene on Saturday: http://www.thedailybeast.com/blogs-and-stories/2011-03-28/amanda-knox-appeal-homeless-mans-contradictory-testimony/#

"It was pure theater...As the drama played out on the stand, Knox’s tense supporters jeered and pointed, trying to intimidate journalists seated in the public viewing area through guttural growls and stern warnings to “write the truth.” . . .

Could a Homeless Man Free Amanda Knox?
by Barbie Latza Nadeau



Email

In the latest twist in the Seattle native’s murder appeal, a key witness contradicted earlier testimony that had helped to convict her. Barbie Latza Nadeau recounts the weekend’s courtroom drama.
It was pure theater in the Perugia courtroom on Saturday as Seattle native Amanda Knox and her erstwhile Italian boyfriend Raffaele Sollecito heard a decisive witness in their appeal against convictions for the 2007 murder of Meredith Kercher. As the drama played out on the stand, Knox’s tense supporters jeered and pointed, trying to intimidate journalists seated in the public viewing area through guttural growls and stern warnings to “write the truth.” [. . . ]
Knox was also visibly nervous, almost painfully so, arriving in court with her head down and her hair tied back in a girlish ponytail. Sollecito, in what could be described as an equally girlish pink sweater, appeared more relaxed than usual, pausing to smile as Knox entered the courtroom.

Saturday’s main attraction was Antonio “Toto” Curatolo, a 53-year-old homeless man and self-described lifelong drug addict and “anarchist”. Curatolo was a key witness for the prosecution in the original trial, testifying that he saw Knox and Sollecito together near the scene of the crime the night of November 1, 2007, when Kercher was murdered. Back then, his testimony was considered dubious, and appellate judge Claudio Pratillo Hellman called him back this past weekend to clear up a few questions. Instead, he created even more confusion. Yes, he said he saw Knox and Sollecito “talking excitedly” not far from the parkbench along the basketball court where he was living at the time. “As sure as I am sitting here,” he said, he was just as sure that the very next day, the police and “men in white uniforms”—the forensic experts who he called “extraterrestrials”—were at the house where Kercher was killed.


Then, without much prompting at all, Curatolo contradicted himself, describing how the night he saw Knox and Sollecito, there were also people in Halloween costumes and shuttle buses taking revelers to the local discothèques. “The two young people were talking intensely to each other," he told the court. "In the piazza that night young people in masks were coming and going and buses were leaving for the nightclubs."
Of course, that can’t possibly be true. If Curatolo saw Knox and Sollecito against the backdrop of disco buses and Halloween costumes, it wasn’t the night before the murder. Instead, it had to have been two nights before, on Halloween, even though neither Knox nor Sollecito were anywhere near the basketball court that night. Knox was working at La Chic pub and Sollecito was elsewhere in town. They met up much later and say they spent Halloween night at Sollecito’s house, but no one has ever offered the court testimony that they met at the basketball court that night. So did Curatolo see them at all? He maintains that he did, but by the reaction and smirks on the faces of the judges and jury, his testimony won’t be considered reliable in the final analysis of this case.
Still, in what is now the standard post-hearing spinfest, both sides used Curatolo’s testimony to their advantage. The defense aptly pointed out that Curatolo also told the judge that he had been a lifelong drug addict, and had used heroin regularly in 2007, when he claims to have seen Knox and Sollecito. He was also likely high in 2009 when he gave his original court testimony, which might explain why he was much more lucid then than now—when he is sober, after serving time for drug peddling. For good measure, Curatolo also told the judge that “heroin is not a hallucinogenic drug." The prosecution, meanwhile, admits that Curatolo was not ultimately helpful, but they also point out the fact that the murder convictions did not hinge on Curatolo’s testimony, according to the 400-plus page judge’s reasoning. Prosecutor Manuela Comodi also said that Curatolo likely merged the details of Halloween and November 1 together, and that the only night he could have seen them together was November 1. “What’s for sure is that she couldn’t have been there on Halloween night,” Comodi told reporters after the hearing. “There is no such thing as a perfect witness, except for one who has actually seen the crime.”


"Last week, in what can only be described as a curious “leak,” the Italian press broke the story that the experts found no DNA on the knife blade, even though their report won’t be final until May 9. For those familiar with the case, this is hardly news.". . .

"According to the leaks, the experts also reportedly found the bra clasp to be corroded and therefore impossible to retest. If true, this means that the experts will have to simply examine procedures used by Stefanoni and her team and rely on the original results as a baseline. The knife, which has always been a dubious piece of evidence will likely remain so. But the bra clasp may prove troublesome for Sollecito since experts say the DNA is inarguably his. The defense has always argued that because the clasp was collected six weeks after the murder, the DNA came from contamination, not from Sollecito himself. But, according to Stefanoni and countless forensic experts, “DNA doesn’t fly,” and as such, contamination is going to be harder to sell to the appellate jury."

"The stories based on the leaks last week implied that the inability to retest these two crucial pieces of evidence is good news for the defense, but even Knox’s own lawyers were furious that the story broke, fearing that the spin will backfire and that the experts will feel pressured by the publicity as they reach their conclusions. Their final report is still very much a work in progress, and no one knows exactly which way they will rule. After the hearing on May 21, forensic experts for all parties, including the Kercher’s, will have the opportunity to testify to refute or back up the experts’ findings."

"Even if the DNA ruling proves favorable to Knox and Sollecito, there are still a number of troubling pieces of evidence used to convict them that are not, so far, being reexamined by this appellate court. A staged break-in, mixed DNA and blood evidence, and signs of a clean-up are not on the appellate agenda, and neither is Knox’s questionable alibi and her changing stories in the early days of the investigation—all elements that weighed as much as the knife and bra clasp in the convicting judge’s reasoning. How this court squares those elements will be known only in their final ruling, which could come before the summer break in July, or more likely in September when Italian courts are back in session."http://www.thedailybeast.com/blogs-and-stories/2011-03-28/amanda-knox-appeal-homeless-mans-contradictory-testimony/#

 

[otto]

Isn't this something:

" As the drama played out on the stand, Knox’s tense supporters jeered and pointed, trying to intimidate journalists seated in the public viewing area through guttural growls and stern warnings to “write the truth.”

http://www.thedailybeast.com/blogs-...ppeal-homeless-mans-contradictory-testimony/#

The Knox tribe trying to intimidate the press?

 

[otto]

This would be the important stuff from Barbie Nadeau's article:

"According to the leaks, the experts also reportedly found the bra clasp to be corroded and therefore impossible to retest. If true, this means that the experts will have to simply examine procedures used by Stefanoni and her team and rely on the original results as a baseline. The knife, which has always been a dubious piece of evidence will likely remain so. But the bra clasp may prove troublesome for Sollecito since experts say the DNA is inarguably his. The defense has always argued that because the clasp was collected six weeks after the murder, the DNA came from contamination, not from Sollecito himself. But, according to Stefanoni and countless forensic experts, “DNA doesn’t fly,” and as such, contamination is going to be harder to sell to the appellate jury.

The stories based on the leaks last week implied that the inability to retest these two crucial pieces of evidence is good news for the defense, but even Knox’s own lawyers were furious that the story broke, fearing that the spin will backfire and that the experts will feel pressured by the publicity as they reach their conclusions. Their final report is still very much a work in progress, and no one knows exactly which way they will rule. After the hearing on May 21, forensic experts for all parties, including the Kercher’s, will have the opportunity to testify to refute or back up the experts’ findings.

Even if the DNA ruling proves favorable to Knox and Sollecito, there are still a number of troubling pieces of evidence used to convict them that are not, so far, being reexamined by this appellate court. A staged break-in, mixed DNA and blood evidence, and signs of a clean-up are not on the appellate agenda, and neither is Knox’s questionable alibi and her changing stories in the early days of the investigation—all elements that weighed as much as the knife and bra clasp in the convicting judge’s reasoning. How this court squares those elements will be known only in their final ruling, which could come before the summer break in July, or more likely in September when Italian courts are back in session."

 

[SMK]

Isn't this something:

" As the drama played out on the stand, Knox’s tense supporters jeered and pointed, trying to intimidate journalists seated in the public viewing area through guttural growls and stern warnings to “write the truth.”

http://www.thedailybeast.com/blogs-...ppeal-homeless-mans-contradictory-testimony/#

The Knox tribe trying to intimidate the press?

Well , from their perspective, they were probably trying to defend what they view as truth?

 

[otto]

Oops, didn't see your post SMK
Sorry

 

[SMK]

This would be the important stuff from Barbie Nadeau's article:

"According to the leaks, the experts also reportedly found the bra clasp to be corroded and therefore impossible to retest. If true, this means that the experts will have to simply examine procedures used by Stefanoni and her team and rely on the original results as a baseline. The knife, which has always been a dubious piece of evidence will likely remain so. But the bra clasp may prove troublesome for Sollecito since experts say the DNA is inarguably his. The defense has always argued that because the clasp was collected six weeks after the murder, the DNA came from contamination, not from Sollecito himself. But, according to Stefanoni and countless forensic experts, “DNA doesn’t fly,” and as such, contamination is going to be harder to sell to the appellate jury.

The stories based on the leaks last week implied that the inability to retest these two crucial pieces of evidence is good news for the defense, but even Knox’s own lawyers were furious that the story broke, fearing that the spin will backfire and that the experts will feel pressured by the publicity as they reach their conclusions. Their final report is still very much a work in progress, and no one knows exactly which way they will rule. After the hearing on May 21, forensic experts for all parties, including the Kercher’s, will have the opportunity to testify to refute or back up the experts’ findings.

Even if the DNA ruling proves favorable to Knox and Sollecito, there are still a number of troubling pieces of evidence used to convict them that are not, so far, being reexamined by this appellate court. A staged break-in, mixed DNA and blood evidence, and signs of a clean-up are not on the appellate agenda, and neither is Knox’s questionable alibi and her changing stories in the early days of the investigation—all elements that weighed as much as the knife and bra clasp in the convicting judge’s reasoning. How this court squares those elements will be known only in their final ruling, which could come before the summer break in July, or more likely in September when Italian courts are back in session."

So the defense is powerless RE the staged break-in, reasoning behind "alibi wavering" (police intimidation)----OK, so this will be decided in September. But something does not smell right; it seems a done deal, and very unfair.....

 

[otto]

Well , from their perspective, they were probably trying to defend what they view as truth?

Makes me a little suspicious. The truth is the truth ... we've seen what is published in Italy and how it differs from what is published in the US. Still ... the description of what happened in the courtroom gives the impression that the Knox tribe wants their version of the truth to be told on both sides of the pond.

 

[SMK]

Oops, didn't see your post SMK
Sorry

No problem !

 

[SMK]

Makes me a little suspicious. The truth is the truth ... we've seen what is published in Italy and how it differs from what is published in the US. Still ... the description of what happened in the courtroom gives the impression that the Knox tribe wants their version of the truth to be told on both sides of the pond.

Yes, it is not good behavior, and I do not condone it.....But I still cannot feel comfortable with all that led to conviction, or may uphold it...

 

[otto]

So the defense is powerless RE the staged break-in, reasoning behind "alibi wavering" (police intimidation)----OK, so this will be decided in September. But something does not smell right; it seems a done deal, and very unfair.....

Knox has accused the police of coercion, and the police have charged her with lying. They disagree that she was coerced, and are willing to file charges to prove it. Either it happened, and at least one of the many officers involved in the 2 hour questioning will come forth, or we have to believe that there is a huge conspiracy ... or Knox is lying.

Can you think of any other situation where a sensible young woman was coerced into confessing in 2 hours, half of that without understanding what was being said? When she could understand what was being said, she confessed to being at the scene, and accused Patrick. 2 hours. Is there another example of this?

Stage break in is a given. It doesn't matter what some retired guy said. He's not an expert, hasn't been to the scene, and his opinion is no more valid than yours or mine. Experts, at the scene, say it was staged ... and that's very bad news for Knox.

 

[minazoe]

Knox has accused the police of coercion, and the police have charged her with lying. They disagree that she was coerced, and are willing to file charges to prove it. Either it happened, and at least one of the many officers involved in the 2 hour questioning will come forth, or we have to believe that there is a huge conspiracy ... or Knox is lying.

Can you think of any other situation where a sensible young woman was coerced into confessing in 2 hours, half of that without understanding what was being said? When she could understand what was being said, she confessed to being at the scene, and accused Patrick. 2 hours. Is there another example of this?

Stage break in is a given. It doesn't matter what some retired guy said. He's not an expert, hasn't been to the scene, and his opinion is no more valid than yours or mine. Experts, at the scene, say it was staged ... and that's very bad news for Knox.

what evidence do they have that Amanda staged anything? they don't even have her dna in the room? where is Amanda's staging?
just because you think someone did something doesn't mean they go to jail...you have to prove it. Where is the proof that Amanda staged a crime scene? why have non of her so called co-conspirators ratted her out?

why has no one come out and said that Amanda was there and weilded a knife and orchestrated a sex murder party?

because it nver happened. And I don't beleive a word of the supposed confession.

 

[SMK]

Knox has accused the police of coercion, and the police have charged her with lying. They disagree that she was coerced, and are willing to file charges to prove it. Either it happened, and at least one of the many officers involved in the 2 hour questioning will come forth, or we have to believe that there is a huge conspiracy ... or Knox is lying.

Can you think of any other situation where a sensible young woman was coerced into confessing in 2 hours, half of that without understanding what was being said? When she could understand what was being said, she confessed to being at the scene, and accused Patrick. 2 hours. Is there another example of this?

Stage break in is a given. It doesn't matter what some retired guy said. He's not an expert, hasn't been to the scene, and his opinion is no more valid than yours or mine. Experts, at the scene, say it was staged ... and that's very bad news for Knox.

OK, if I could really be convinced of all said here, I would not be worrying about Amanda . I guess I have some crazy idea that when I was 20, I would have been the kind to be intimidated and talking crazy within the first hour....Maybe not, but it seems that way, if I picture it. I know Hendry is retired (although let's face it, he is not a retired janitor; he is a retired professional, an expert in accident re-enactment) but not simply a layman. If only someone could simply refute his theory- not just say he is no expert. He could still be right, even if he were a layman. He could be very astute.....I am worried.