It depends. Theoretically it is possible that parts of Nencini judgement are annulled. But the annulment of Nencini would re-instate Massei and the points of appeal, that is still an unfavorable status for the defence.
Compared to a confirmation of Nencini, it sounds like a good outcome. Although IIUC, the defendants would be in the same position of appealing from Massei's conviction.
Although cassation could also clarify points to be considered. For example, that the finding from Guede's trial that 'Rudy killed Meredtih along with others', is not binding on a new appeal trial, because the fact was never contested at trial, only stipulated by Rudy's lawyers and the prosecution, but Amanda and Raf never had the opportunity to dispute it.
And that Rudy's testimony could not be used against Amanda and Raf, unless he were made available to cross examination. (By the way, Rudy changing his story to claim that he saw Amanda outside the cottage, and Raf inside the cottage, if that statement by Rudy were false, would that not be a classic case of calunnia - falsely accusing another whom he knows to be innocent, in an effort to deflect attention from his own guilt?
And also, that the DNA evidence of the knife and the bra clasp has ben sufficiently impeached by Conti and Vechiotti, because otherwise, the retest of the last sample on the knife could not be considered "decisive"?
And, that the knife from sollecito's kitchen has been eliminated from evidence, since there is nothing tying it to the murder? (tested negative for blood, the finding of Meredith's DNA has been proven unreliable, and there is starch on the knife, establishing that it has not been cleaned.
And that Curatolo must be considered discredited, since the last, higher court to hear him found him to be not credible.
In a nutshell, cassation could order a retrial, with so many evidentiary restrictions that have destroyed the credibility and validity in the previous proceedings, in combination with Dr Gill and other expert analysis of the deficiencies in Stefanoni's work, that the outcome could be virtually guaranteed to result in acquittal?
This too is a theoretical possibility.
Sollecito's TV appearance is I believe, an indication that the judiciary is getting ready to let Amanda and Raf go back to their normal lives. They've carried the water being used as scapegoats, they've been good sports, its not fair to steal their whole lives, is it?
We'll see in March, I suppose. I understand you take a different view. I just can't understand how anyone could support this miscarriage of justice.
I can't imagine Italy wants this case on their conscience, anymore than the Egyptian courts wanted the 3 journalists on their plate. International opinion matters. When the head of the European forensics community uses the Kercher case as a text book example of a miscarriage of justice, that has to tell you something. You may not be listening, but I'll bet you many in Italy are, including cassation.
