That the Kerchers seem so fine with not doing so is what’s staggering.
Well expressed on the whole, kudos. Another way to say this is it's, at best, amoral.
That the Kerchers seem so fine with not doing so is what’s staggering.
LJ, do you really believe for a moment that Sollecito was asleep between 9 and 10 pm that fateful night?
Thanks. 'Arbitrary reasoning' is an oxymoron, isn't it?Sometimes ECHR uses the term "arbitrary reasoning" and sometimes instead "manifestly unreasoned" or "manifestly ill-reasoned". There may be some overlap. "Unreasoned" may be specific to the judge/court not providing reasons why some judgment has been made.
Here is one case:
ECHR on Manifestly ill-reasoned judgment in a criminal case.
Nechiporuk & Yonkalo v Ukraine 42310/04 21/04/2011
Paragraph 280: The Court has held...that by ignoring a specific, pertinent and important point of the applicant {who had been the defendant in a criminal trial}, the domestic courts fall short their obligations under Article 6.1 of the Convention. It observes a similar issue in the present case, where that requirement....was not met. {Thus, there is a violation of Article 6.1 of the Convention.}
The parts left out in the above quote point out that previously the ECHR had ruled that certain civil cases were manifestly ill-reasoned, for example Pronina v Ukraine 63566/00 paragraph 25, 18 Jul 2006.
There are IMO several instances of such "manifestly ill-reasoned judgment" in the Amanda Knox - Raffaele Sollecito case. One instance is in Amanda's conviction by the Hellmann court for calunnia. It appears that the report by the defense expert on memory was ignored in reaching this judgment. In the provisional conviction of both by Nencini for murder, the report by Conti and Vecchiotti impeaching the DNA sample collection and testing was apparently not addressed. ECHR states that the requirement for sound reasoning is even more stringent in the context of criminal than civil cases.
Here's another case. This one had "an absence of sufficient reasons" for a conviction.
CASE OF GRADINAR v. MOLDOVA 7170/02 08/04/2008
...
116. The Court recalls its finding that the proceedings against G. concerned directly the applicant’s own rights (see paragraph 101 above). It concludes that G.’s conviction, in the absence of sufficient reasons, necessarily breached the applicant’s right to a fair trial.
117. Accordingly, the Court finds that there has been a violation of Article 6 § 1 of the Convention.
Thanks. 'Arbitrary reasoning' is an oxymoron, isn't it?
To take your first example, I do not think you are in a position to reach a view without first seeing the testimony of the expert. It may well be that Hellman derived his findings on her statement of mind based on his (or her) expert testimony and from questions put to the expert at the hearing.
As for your second, you may be on better ground, especially if Nencini concerned himself only with the narrow question of which side must prove/disprove contamination, because, if so, he will have entirely disregarded that part of the C-V report which condemns Stef's work as not being valid, contamination or no contamination.
I am not sure I would call that 'arbitrary' though. Arbitrary would be, say, choosing between alternative hypotheses randomly.
Now, Machiavelli says:
"Pinelli asked 3 months cut from both penalties (weapon carrying). But this cut may technically require intervention by Florence court."
Whoa, Nellie. How can they acquit her of weapon carrying? I thought she carried the murder weapon back and forth from Sollecito's place. She didn't? And, wasn't this some kind of aggravating circumstance?
And, what's this about intervention by the Florence Court. Doesn't that imply that the case is going to get sent back down?
Are you being arbitrarily difficult?
http://dictionary.thelaw.com/arbitrary/
ARBITRARY
The Law Dictionary, Black's Law Dictionary 2nd Ed.
Not supported by fair, solid, and substantial cause, and without reason given. ...
Hi Anglolawyer - while I greatly respect your offerings here and elsewhere, I don't agree that the Kerchers are like putty in anyone's hands. These are adults with functioning brains who should have been able to see this debacle for the bad joke that it is a long time ago. That so many disinterested experts, not just American ones either, have criticized various aspects of the "case" against Knox/Sollecito should tell them something. It should tell them pretty much everything really.
As moije2 pointed out above, Kercher Sr. definitely praised TJMK as "unbiased" in his book. That had to be one of the most absurd claims I've ever read in my life and that's saying plenty. I'm sure I'm in a minority here, but I don’t consider the Kerchers to be the least bit dignified or silent. There are a lot of ways to be heard. I also believe that their gigantic moral blinders are about one simple thing and it isn't justice for Meredith. It's money. As though a big payday down the road will help to ease their suffering and nobody else's suffering matters in the least. On one level I can’t really blame them for this…many victims of all sorts of crimes are legitimately entitled to financial compensation for their loss, pain, & suffering. For the Kerchers to get any money, though, they’ve got to buy into an utter mess of lies. But these lies seem so blatant, brazen even….I just don’t see them as being difficult to untangle. That the Kerchers seem so fine with not doing so is what’s staggering.
The Kerchers undoubtedly believe in the guilt of AK and RS. TJMK at minimum gives emotional support. For anyone who has been involved in legal procedings after a death of a sibling or child, as I have, emotions and thinking are impaired to say the least. Then comes the call from the media who have their own agenda. At some point you just want to put your head down and move on and forget about the various details involved - if you can even remember them! These factors go a long way to explain the stance of the Kerchers.
Silent? Nope. Dignified? They have probably done the best they can but the use of that word is a PR tool, an equivalent of bella figura, to satisfy a certain audience. I suspect those words were never uttered by the Kerchers themselves.
Dilemma? After nearly 8 years they have been riding this beast whether they wanted to or not - surely they did not want to! - and in that time period they have appeared immune to the onslaught of experts challenging the evidence in this case. And in the process they are direct particants in the march forward to convict, both by their employment of Maresca and by their carefully timed public statements and appearances. I would hate to be in their shoes with the position they have taken! Just what if, what if, they are wrong? No doubt arises with all the public challenge to the evidence? Even with my above comments I find it hard to believe the dust hasn't settle enough for them to express uncertainty.
I think there is a certain rationalization that goes on, and an emotional need to not get too much into the details of their daughter/sister's death. They were told at the beginning that Amanda and Raffaele did it. And that there was a PR campaign, and that people were making stuff up to try to convince the public they are not guilty. They have an attorney that is trying his best to convince them that AK and RS are guilty, and anything they hear to the contrary is a pack of lies. Plus, they have both an emotional and financial motive to believe that these two were involved.
Shifting from there to "we have been supporting the false conviction and imprisonment of two of our deceased daughter's friends" is a big leap to go to. I'd like to think I would make that leap, if I were in their shoes, but I would also like to think I would have been more skeptical in the first place. But I can't say for sure.
Does this mean there's nothing happening tomorrow?
So what?
I think there is a certain rationalization that goes on, and an emotional need to not get too much into the details of their daughter/sister's death. They were told at the beginning that Amanda and Raffaele did it. And that there was a PR campaign, and that people were making stuff up to try to convince the public they are not guilty. They have an attorney that is trying his best to convince them that AK and RS are guilty, and anything they hear to the contrary is a pack of lies. Plus, they have both an emotional and financial motive to believe that these two were involved.
Shifting from there to "we have been supporting the false conviction and imprisonment of two of our deceased daughter's friends" is a big leap to go to. I'd like to think I would make that leap, if I were in their shoes, but I would also like to think I would have been more skeptical in the first place. But I can't say for sure.
It must have really gone tits up for the prosecution today, because here is Machiavelli's latest:
"Antonio Paolo Bruno is the Supreme Judge who was accused of conspiracy with Mafia by prosecutor DeMagistris in 2006."
And, we all know that Machiavelli only resorts to masonic/mafia conspiracies when all else fails.
I think there is a certain rationalization that goes on, and an emotional need to not get too much into the details of their daughter/sister's death. They were told at the beginning that Amanda and Raffaele did it. And that there was a PR campaign, and that people were making stuff up to try to convince the public they are not guilty. They have an attorney that is trying his best to convince them that AK and RS are guilty, and anything they hear to the contrary is a pack of lies. Plus, they have both an emotional and financial motive to believe that these two were involved.
Shifting from there to "we have been supporting the false conviction and imprisonment of two of our deceased daughter's friends" is a big leap to go to. I'd like to think I would make that leap, if I were in their shoes, but I would also like to think I would have been more skeptical in the first place. But I can't say for sure.
Well, you did say that to me, on this board as well, regardless, I would credit you more than any other for my beliefs in this case. I once said I was 70 to 75 percent convinced of their guilt and everyone jumped on me and said I had to acquit then, for that is far from reasonable doubt. I agree, but instead of breaking the case down to several hundred small instances and looking at each from the point of just guilty or innocent, I look at everything combined, take everything into context, and while I can't say they are definitely guilty, I can say they are definitely not innocent. I believe the truth lies somewhere in between, I don't believe they were convicted due to evidence they committed this crime, I believe they were convicted due to evidence that they are lying about their involvement in this crime.
Diocletus said:It must have really gone tits up for the prosecution today, because here is Machiavelli's latest:
"Antonio Paolo Bruno is the Supreme Judge who was accused of conspiracy with Mafia by prosecutor DeMagistris in 2006."
And, we all know that Machiavelli only resorts to masonic/mafia conspiracies when all else fails.
The irony of all this, of course, is that if Machiavelli is suggesting that political affiliations, masonic conspiracies or other skulduggery can affect the outcome of court rulings, then this - in and of itself - is a gigantic indictment of Italian criminal justice.
Once more, there are none so blind as those who refuse to see.........
It must have really gone tits up for the prosecution today, because here is Machiavelli's latest:
"Antonio Paolo Bruno is the Supreme Judge who was accused of conspiracy with Mafia by prosecutor DeMagistris in 2006."
And, we all know that Machiavelli only resorts to masonic/mafia conspiracies when all else fails.
Also, Vogt "doesn't know" which way things are leaning, but "other people" think it looks good at least for Sollecito. LOL.