platonov
Master Poster
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More confusion
Again the alibi confusion
You missed this part from p129 [115] which is the precursor to both your extracts...
So in dealing with the Sollecitto defence argument he finds they were together committing the murder & that he (RS) cant have it both ways –he was with her but he wasn’t i.e. his spontaneous statements don’t deny he was with AK but his defence want a separate defence.
Presumably this also fed into the decision to deny the separation of the 2 cases requested by the RS defence but AFAICS this isn’t explicitly stated in the report.
So in short the hedging by RS doesn’t work - now where have we seen that before.
Given the confusion over a short word like NO its not surprising that large blocks of text would cause problems.
To simplify
1/ Finding they were together committing a murder does not an alibi make.
2/ If a defendant wishes to mount a separate defence he should do so – one way or off/on alibis don’t work.
Ps Did you guys find the section dealing with the legal ruling that RS wasn’t providing an alibi?
Let me know if you cant – I’ll provide the page no.
"...he (RS) has credited in spontaneous statements the notion that he was in her company from the night of 1st November 2007 until the morning of 2nd November 2007.
Raffaele Sollecito, moreover, mounted a defense at trial by which he seeks to objectively prove that he must have been at his home during the period within which the murder was committed and in his spontaneous statements he has never distanced himself from the statements of Amanda Marie Knox. In the last statement he made to this Court on 6 November 2013, he once again testified to his shared innocence with his co-defendant, saying:
[116](...) As I was saying ... at that particular time, the furthest thing from my mind was to be so cruel and disrespectful towards a human life. And it is for this reason that I would like to first of all make you realize how absurd these charges against me are. Us, even, to put it in the plural, against us. Because, at that point in my life, I was a week away from graduation and I had my life ahead of me. No. There’s no way. It is unreasonable to accuse me of such a thing without first having a basis (...). (p. 52 of the transcript of the hearing before the Court of Assizes of Appeal of Florence, 6 November 2013)
The conclusion of this brief note is that, in the absence of defense assertions to the contrary on the part of Raffaele Sollecito and, moreover, noting the consistent spontaneous statements made by the defendant, who still places himself with Amanda Marie Knox between the evening of 1 November 2007 and the morning of 2 November 2007, the Court deems that it must consider the alibi provided by Amanda Marie Knox as the only version of events provided by the defendants and valid for both or, at least, not contradicted by either of them."
Nencini report Pages 130/131.
And a fat lot of good it has done either of them....as I was saying earlier.
Even Nencini's motivations report implies heavily that they were together from 9:30 pm (Nov 1) until "around 12:30 am (Nov 2)", given that Nencini says that no third party can vouch for their assumed mutual alibi.
snip
Then Nencini quotes in full in the next half-dozen pages, Knox's trial testimony from 2009, when Nencini says Knox is constructing hers (and Raffaele's) alibi. And he says they are essentially the same alibi... "Raffaele Sollecito, moreover, mounted a defense at trial by which he seeks to objectively prove that he must have been at his home during the period within which the murder was committed, and in his spontaneous statements, he has never distanced himself from the statements of Amanda Marie Knox."
Again the alibi confusion
You missed this part from p129 [115] which is the precursor to both your extracts...
On this point, it is appropriate first of all to pause, in the light of arguments made by the Sollecito Defense in the final arguments, because these emphasized the need to distinguish between the positions at trial of the two defendants.
So in dealing with the Sollecitto defence argument he finds they were together committing the murder & that he (RS) cant have it both ways –he was with her but he wasn’t i.e. his spontaneous statements don’t deny he was with AK but his defence want a separate defence.
Presumably this also fed into the decision to deny the separation of the 2 cases requested by the RS defence but AFAICS this isn’t explicitly stated in the report.
So in short the hedging by RS doesn’t work - now where have we seen that before.
Given the confusion over a short word like NO its not surprising that large blocks of text would cause problems.
To simplify
1/ Finding they were together committing a murder does not an alibi make.
2/ If a defendant wishes to mount a separate defence he should do so – one way or off/on alibis don’t work.
Ps Did you guys find the section dealing with the legal ruling that RS wasn’t providing an alibi?
Let me know if you cant – I’ll provide the page no.
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