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Who killed Meredith Kercher? part 23

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This post is intended to detail the known current status of the ECHR case of Knox v. Italy 76577/13, which was communicated to the Respondent State, Italy, on 29/04/2016. That Communication is in French, as is typical of Communications and Judgments where Italy is the Respondent State.

Based upon the Case Details, available on HUDOC, there have been two additional Communications to Italy since the original was published. In keeping with standard ECHR practice, the contents of these additional Communications have not been published and thus are not known. However, all Communications include formal requests for information (and sometimes for actions) directed to the Respondent State and may include requests for information from the applicant. Questions or notices directed only to the applicant are not published and are not recorded in the Case Details.

According to the Case Details, the importance level of the case is 3, indicating that the ECHR does not necessarily expect new case-law to be generated from this case and that its judgment will likely require only current case-law. However, this should be considered only the preliminary ECHR view and may change if required by the legal principles invoked in the actual judgment.

At a guess, the judgment may be forthcoming in 2017 or 2018 or even later; there is no way to be certain. The reason cases typically take so long is that the ECHR has a heavy case load, there are relatively long periods allocated to responses after each Communication, and after each Communication, the applicant and Respondent State each get a period of time to comment on the other's response.

The ECHR Court Rules regarding Communications and other notices and the actions taken by the Court relating to them, namely the reviews of admissibility and merit, are given in Rules 54 and 54A:

Rule 54 – Procedure before a Chamber
1. The Chamber may at once declare the application inadmissible or strike it out of the Court’s list of cases. The decision of the Chamber may relate to all or part of the application.
2. Alternatively, the Chamber or the President of the Section may decide to
(a) request the parties to submit any factual information, documents or other material considered by the Chamber or its President to be relevant;
(b) give notice of the application or part of the application to the respondent Contracting Party and invite that Party to submit written observations thereon and, upon receipt thereof, invite the applicant to submit observations in reply; (c) invite the parties to submit further observations in writing. 3. In the exercise of the competences under paragraph 2 (b) of this Rule, the President of the Section, acting as a single judge, may at once declare part of the application inadmissible or strike part of the application out of the Court’s list of cases. The decision shall be final. The applicant shall be informed of the decision by letter.
4. Paragraphs 2 and 3 of this Rule shall also apply to Vice-Presidents of Sections appointed as duty judges in accordance with Rule 39 § 4 to decide on requests for interim measures.
5. Before taking a decision on admissibility, the Chamber may decide, either at the request of a party or of its own motion, to hold a hearing if it considers that the discharge of its functions under the Convention so requires. In that event, unless the Chamber shall exceptionally decide otherwise, the parties shall also be invited to address the issues arising in relation to the merits of the application.

Rule 54A – Joint examination of admissibility and merits
1. When giving notice of the application to the respondent Contracting Party pursuant to Rule 54 § 2 (b), the Chamber may also decide to examine the admissibility and merits at the same time in accordance with Article 29 § 1 of the Convention. The parties shall be invited to include in their observations any submissions concerning just satisfaction and any proposals for a friendly settlement. The conditions laid down in Rules 60 and 62 shall apply, mutatis mutandis. The Court may, however, decide at any stage, if necessary, to take a separate decision on admissibility.
2. If no friendly settlement or other solution is reached and the Chamber is satisfied, in the light of the parties’ arguments, that the case is admissible and ready for a determination on the merits, it shall immediately adopt a judgment including the Chamber’s decision on admissibility, save in cases where it decides to take such a decision separately.

This is the text in Rule 54 relevant to a Communication and responses thereto. This identifies the current status of the case based on available information.

Source: http://echr.coe.int/Pages/home.aspx?p=home
Link to Official Texts
"Rules of Court" PDF

Note: "respondent Contracting Party" = Respondent State
 
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Something important as well is the need to sign up and be accepted into the pastorizia never dies group. It's no ordinary FB page the journalist Selvaggio Luciarelli has been tracking this group and their online hatred for women. She was the one who discovered Sollecito with an offensive photo with one of the founders.He made numerous posts and liked others who found murder entertaining.He joined so was not just a response to a joke, he knew what the group enjoyed and delivered. It could very well be if I did it kind of release , not a confession but who knows. The goal posts have only been moved enough to make sure you see the cow flaps on the field.
 
No, Vixen's "arguments" on this issue got attacked because she chose to hyperbolise and exaggerate what Sollecito actually wrote to falsely claim that he was bragging that he'd got away with the murder and that he was using Kercher's name to give suggestions on how to hide a body or cut it up.

Well, the actual defence that one could have some room to attempt, is that he conveyed those contents as a form of irony (supposing that it was funny). It is possible to make an argument that he was being ironical - that those content he presented about himself were intended to be ironical.
It is not possible to make the argument that he did *not* convey those messages. He did.
Basically he presented himself as a killer. Also as a potential repeated killer - he would send messages to women "you'll die soon".
The point could raised be also about his using Meredith''s name - it may depend a little on wht you would call "using Meredith's name". He did not write Meredith Kercher's name explicitly, however he would make jokes that are clearly refeered to the Meredith Kercher case and about implying or suggesting his own possible role as a murderer in it.

Note, incidentally but crucially, that no pro-innocence/pro-acquittal commentator here (including me) is endorsing or condoning what Sollecito actually wrote, nor his participation in the "banter" on this private FB group. Quite clearly, Sollecito exercised extremely bad judgement, poor taste, emotional immaturity and a definite level of unpleasantness in his participation and words on that site. He was a stupid idiot, and certainly some of the views he espoused and/or implicitly condoned are crude and unpleasant. But it's not at all surprising to see certain pro-guilt commentators a) ignoring the fact that Vixen wrote blatant falsehoods in her (mis)representation of what Sollecito had written, and b) misinterpreting attacks on Vixen's misrepresentations as some sort of endorsement/acceptance of the words Sollecito actually DID write (or, in your case, misrepresenting the situation as an attack on Vixen "for simply bringing it (the Italian media article on Sollecito's participation in this FB group) up").

Incidentally, Sollecito also made some explicit statements about Amanda Knox basically saying she is a mentally insane individual.
A photoshopped "Cluedo" cover posted in the group features Amanda Knox among known psycho murderers such as Alberto Stasi, Rosa & Olindo Bazzi, Annamaria Franzoni.
Another aspect that is worth note, is that the FB we are talking about had already been pointed by Italian newspapers as "hate groups" in previous times. It is worth note that a viciously racist content circulates massively in there. Sollecito himself makes racist jokes and likes the racist language or the Amanda Knox jokes. Also, the main activity of the groups is the slut-shaming of women whose private pictures are met with insults and violent comments.
 
The message is hate and he can't seem to help himself even though he claims to want to revamp his image. I'm no psychologist but there is a reason he keeps leaking his dark side.
 
Something important as well is the need to sign up and be accepted into the pastorizia never dies group. It's no ordinary FB page the journalist Selvaggio Luciarelli has been tracking this group and their online hatred for women. She was the one who discovered Sollecito with an offensive photo with one of the founders.He made numerous posts and liked others who found murder entertaining.He joined so was not just a response to a joke, he knew what the group enjoyed and delivered. It could very well be if I did it kind of release , not a confession but who knows. The goal posts have only been moved enough to make sure you see the cow flaps on the field.

Have you asked to be accepted to this group or have you just read what has been presented in the media?
 
For some reason Machiavelli is back. I will deal with his claims.
• Machiavelli claims that the behaviour of the prosecution was above board and there was no suppression of evidence, lying or using false documents. The misconduct which occurred is detailed here. Could Machiavelli explain why the prosecution had to resort to these tactics if the knife/DNA evidence was as a slam dunk :-
•
• http://www.amandaknoxcase.com/raffaeles-kitchen-knife/
• http://www.amandaknoxcase.com/contamination-labwork-coverup/
• http://www.amandaknoxcase.com/meredith-kercher-perjury-corruption/

I did not open the links above. I remember I've read already probably at least one page where the Knox site presents those ridiculous narratives - the point is that those are ridiculous narratives. They don't bear any backing in the events of the real world or in the actual trial documentation.

• This is Stefanoni’s testimony when she has difficulty telling how much DNA is on the knife. If there was a full profile on the knife and the DNA evidence was such a slam dunk , why is that Stefanoni had difficulty telling how much DNA was on the knife.

The question is very stupid. The DNA on the Knife was found through a procedure as for art. 360, indicente probatorio, an unrepeatable event valid as court assessment. Defence experts were summoned, Prof. Potenza attended and was able to document whatever he wanted to, to do it the way he preferred or to decide whether to do it or not.
The investigation was open for about 8 months during which parties were granted access to the laboratories, they were urged to request any further documentation they deemed fit or any further test they wanted.
When the preliminary hearing came, Dr. Stefanoni was called as a witness as she deposited the technical report with the court. When questioned about the quantification of the DNA found on the knife, she simply said she didn't know - since she had the technical report with her, but not the whole documentation. She didn't remember that, as well as not quite much details about that particular laboratory session.
Most of Stefanoni's testimony was about the methods and the techniques they follow in the laboratory, and she explained the many findings about all the case (about the minimal amount found of Guede's DNA for example, explained the improbability of detecting DNA from second potential female individual in areas where there was massive biological material from another female - given tha lack of Y-tracker, she talked about the reliability of various kind of presumptive tests and so on).
Stefanoni said she did not remember about the knife quantification. And quantifications were not indicated in the report and documents she had with her. So she could not tell.
It's quite straightforward.
I am talking about a questioning that occurred in 2008. (not the one you are quoting)
The defence insisted asking her if she could give her opinion at leas about a rough esteem - what could be the magnitude of the DNA amount - Stefanoni said it must have been an amount in the magnitude of the hundreds picograms.
Her inference was correct, based on an estem about the sensitivity of the equipment used for the amplification. She later maintained that her initial esteem was indeed correct (even though in 2008 she had not remembered correctly the type of equipment).

DEFENSE – Attorney Ghirga
QUESTION – One last question precisely in relation to how much emerged, the DNA extraction on the knife, you I believe, had said that you don’t remember how much DNA you extracted from the blade, from the scratches.
ANSWER – No.
QUESTION – Is it possible to check the extraction log?
ANSWER – Yes, one can check.
QUESTION – Is it a number that can be acquired?
ANSWER – Yes.
QUESTION – One can obtain the extraction in the extraction log as you say.
ANSWER – Yes.
QUESTION – But you do not remember, correct, how much DNA you extracted…
ANSWER – One can obtain the true extraction amount from that S.A.L., that one yes.
QUESTION – But you do not remember now?
ANSWER – No, here, no..
QUESTION – Can one acquire this data?
ANSWER – Yes, the data of the extraction, yes.
QUESTION – While you confirm then how much was… how much was the elution and the collection of DNA to do…
ANSWER – Yes, it was concentrated in the first sweep, then it was quantified, and then after that it was re-concentrated to 10 microlitres.
QUESTION – Now, being interested in the exact quantity of DNA extracted from the scratches we can obtain it, let’s say in the court files, is that so?
ANSWER – Yes.
DEFENSE – Attorney Ghirga – Thank you

I don't know what point you intend to do by the above quote translation.


• Machiavelli argued it is pointless to the prosecution if the defence agreed or not there was a full profile on the knife. According to Vixen even the defence agreed there was a full profile on the knife which would be of immense benefit to the prosecution’s case and Machiavelli is seriously claiming the prosecution would not have exploited this. Would the prosecution not say something in court along the lines of “even the defence agree there was a full profile on the knife which must mean we are correct in saying Meredith’s DNA was on the knife”. There is no record of the prosecution using this argument.

Well I don't remember all statements said in a trial by memory, but I something along these lines might have been said, I think in 2011 Manuela Comodi argument included some statement of that kind - albeit it was not "the defence agrees" but rather "C&V agree".
However, the argument itself is pointless. Because a meaningful point is not really about the kind of rhethoric that this or that parties decides to use, what type of statement they employ. You shall not put those arbitrary "style conditions" on a trial and let your judgement depend on that.


• Machiavelli claims Amanda’s DNA was supposedly on the clasp and the prosecution don’t use this damming evidence. There is no record of the prosecution saying Amanda’s DNA was on the clasp.

No. I suggest you read more carefully what I wrote. It's not me the one who claims. I am agnostic on the point, and I am not really interested. I not that it was the *defence* of Sollecito who made the point.
Indeed they made the statement, and the prosecution made just the point that "the defendants are accusing each other". It was in 2008.

• Machivelli says that the knife matched a bloody imprint on the bed and was a match for the fatal wound. If I remember correctly Machiavelli and prosecutor Crini made this claim around the time of the Nencini six years after Meredith’s murder. If the knife matched the imprint, why did Machiavelli and Crini wait six years to make this claim? As can be seen from the link I posted on the knife from Amandaknoxcase.com, the defence expert Professor Vinci showed the knife was too large to have caused the imprint on the bed.

This is also a discourse entirely astray from the trial topic. You are actually shifting from the topic of evidence. It is not true, to start with, that prosecutor Crini waited six years - since Prosecutor General Crini took the case in 2014.
The only reason why Crini made the point, in my opinion, is to answer one of the points the defence presented on appeal. Had the defence not presented the point, Crini would not have even looked into the issue.
If you present a question "why didn't the prosecution present this" as if it was an argument, this in my opinion may just show some basic misunderstanding about the dynamics of trials. In courts of law, it is actually normal that evidence is just left out, even big chunks of evidence or whole scenario may be left out, that some potential evidence is not collected on investigation, etc. The fact is that this is how it works, there is always an economy, research is often somehow limited on many aspects on what's needed, things that are deemed unnecessary are not pursued. It appears nobody in the prosecution ever commissioned an expert investigation on the knife print. They did not even look for that piece of evidence.

• Machiavelli claims the knife was a good match for the fatal wound which is incorrect. The length of the fatal wound was 8 cm and the length of the knife was 17 cm. There was bruising at the point of entry which showed the knife was pushed all the way to the handle. If the knife had only caused the fatal wound and two knives were used, why were the prosecution not claiming this from the start? When the police collected the knife, they said nothing about two knives being used and Raffaele’s knife had only caused the fatal wound.

You don't seem to take into account the transverse process of vertebrae (C1) which prevented the blad from being inserted beyond the depth of 8.5 cm. There is evidence the linear movement transferred its energy to a rotational movement of the blade, as a consequence of being stopped by the bone. This is what cause the blade to have its shape - with a large cut on the skin converging in detph towards a "V" shape.
It is not true that there was a bruising on the skin "showing" something. Actually there are numerous bruises on the skin all around the area, while there is a second wound on the skin in that area.

• Machiavelli missed the point when I pointed out the defence had no objection to the knife being opened and the prosecution and civil parties opposed. If the knife had been used to stab Meredith, there was a possibility blood would exist in the space where the blade joins the handle which is difficult to wash off and this would be damming evidence. If Amanda or Raffaele had used the knife to stab Meredith, why did their defence teams have no objection to opening the knife when this could have revealed blood in the space between the blade and handle. If the prosecution and civil parties were so certain the knife was used, why did they not want the knife opened?

This is also not a point.
The civil parties (and the prosecution as well) already thought Vecchiotti was corrupt and they distrusted her. They pointed out that she should have tested the I trace, which was the DNA collected from the handle insertion, as she was ordered to, something which she refused to do.
Regardless whatever we thing about the civil parties strategy, as I said this is not an argument, because one cannot infer anything from that. They didn't want to legitimize Vecchiotti's actions and that was their choice.
By the way, you could argue that there was a possibility that "blood" (as you say) was found (I don't know why don't you say DNA, such was found in trace I by blade insertion - the prosecution and defences wanted *that* to be tested), but the prosecution & civil parties might also assess that the probability of finding "blood" could be low, compared to the probability of not finding it and therefore backfire, or anyway be not worth the risk given that they assumed the evidence should be deemed already sufficient. They obviously assumed that if "blood" was not found, Vecchiotti, given her behaviour, would "use" the void finding in a way hostile to them, as they distrusted Vecchiotti's honesty.

• Machiavelli argues that there was DNA on the knife which meant there must have been biological material on the knife. When C&V tested the knife, it was negative for the human species and tested positive for starch. This meant the knife had no human biological material such as cells and tissue. Contrary to Vixen’s claim, there is no record of the prosecution saying there was human material such as tissue on the knife. In addition there was no blood on the knife. How could DNA exist on the knife without blood or biological material?

The reverse reasoning is valid: DNA was found on the knife - on multiple locations - which implies that humen biological material existed on the knife.
The finding of starch (or better, "detecting" starch via visual observation of microscopic samples) does disprove the finding of biological material.
Other methods are not comparable to the sensitivity of DNA tests - since DNA can be amplified. The "failure to find" through other methods is not a proof of absence.
That "biological fluids of Knox" were on the knife is also stated by the Barni - Berti report.
 
Machiavelli, Vixen and Briars are full value for milking this Facebook vileness for all it's worth. The young man needs to learn a lesson.

I was initially going to report their posts as fundamentally off topic. Why? Because much like Machiavelli claims to "know" what M/B wrote, I know that Raffaele had nothing to do with Meredith's horrible murder.

Yet, it occurred to me that M, V and B don't think that way. For them this is (pardon the misuse of the term) similar fact evidence, and completely relevant to their position.

So it is relevant to this group, as much as I know it isn't.

Raffaele once rightly complained that once wrongfully convicted you never quite get your life back. The problem with that is that that is true, and you simply have to deal with it.

Participation in and contributions to such a vile Facebook page can never be excused - but Raffaele is showing stunning immaturity on what is now a totally secondary issue, giving the likes of M, V and B legitimate ammunition.

It's secondary to the completely vile nature of that FB group. There's no excuse.
 
What the court found was that even allowing for the strong suspicion that Knox was in the house that evening, based on the bathroom DNA swab, it cannot possibly be that the explanation for this is that Knox or Sollecito murdered Kercher, because the lack of biological evidence at the crime scene definitively rules this out. Invoking "proof" of multiple attackers merely demonstrates what a fraud you are, because it is "proved" by this very same logic Knox and Sollecito were not among those attackers. The only way out of this, for any of us, is to let go of the idiot notion that there cannot be possibly be any distinction 5because it's all you've got -- short of admitting you were wrong, which your monstrous ego will never allow.

You are wrong.
This is *not* what the verdict says.
First, what the verdict says is that, 530.2, there is some "reasonable doubt" that "Knox did not take part to the killing action", even though it was a "proven fact that she was there" when Meredith was killed.
The same verdict also states that there is no doubt there were multiple attackers. And even emphasizes they agree with the lower courts that Knox actually heared Meredith's scream.

Whether you like it or not, this is what the verdict says.
It also says Knox washed her hands of Meredith's blood, and a series of other things.
It also contradicts itself, because in one line it also says the contrary, and it is riddled with a series of other logical contradictions overall.

The verdict never says anything nearly remote to what you asser. It says actually the diametrical opposite of that. It says that Knox was *certainly* there (only her "taking part to the action" of physically killing Meredith, they say, is not fully proven beyond any reasonable doubt - 530.2 ) and whatever your belief, you won't be able to deny it says that. Because that is what the text says.
 
Machiavelli, Vixen and Briars are full value for milking this Facebook vileness for all it's worth. The young man needs to learn a lesson.

I was initially going to report their posts as fundamentally off topic. Why? Because much like Machiavelli claims to "know" what M/B wrote, I know that Raffaele had nothing to do with Meredith's horrible murder.

(...)

:)
lol

This is you. By employing your logic, I should say you claim you were in the murder room.

The Italian text is before by eyes. I know what is written in it, because it's before my eyes.
And I may show you exactly, based on language & grammar rules, why your "translation" is wrong.

So you were in the room and you saw the murder and you "know"...
lol... this is you Bill.
 
:)
lol

This is you. By employing your logic, I should say you claim you were in the murder room.

The Italian text is before by eyes. I know what is written in it, because it's before my eyes.
And I may show you exactly, based on language & grammar rules, why your "translation" is wrong.

So you were in the room and you saw the murder and you "know"...
lol... this is you Bill.

Sigh.

Read from Section 8. Section 8 and following is part of the text, too. Section 8 refers to Knox's alleged presence at the cottage. But I guess that's not part of the text! LOL!
 
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christianahannah said:
I ask this in all sincerity - has any Italian journalist done any investigative reports concerning any coverup with regards to the Hellmann acquittals? Are there any media inquiring about any fraud with the case? Do not Italian journalists care about and investigate corruption in their courts and country?

On another subject how are the people doing in the present as far as their careers and reputations, i.e. Mignini, Stefanoni, Comodi, etc.?
I am quoting this because I'd like to see Mach answer it.

Bumped up so that Machiavelli has a chance to answer this. He may not have seen it, but I know he's lurking right now.

If the text is as plain as you say it is, it would be interesting to hear your take on christianahannah's questions. Otherwise what we should do is note that Machiavelli is entitled to an opinion, as lone as it might be..... It's a completely sincere set of questions.
 
The new Code of Criminal Procedure of 1988 represented a revolution, inspired by the Anglo-American adversarial system. The break with the past was clear: abolition of the investigating judge; preliminary inquiry conducted by both parties; adversarial presentation of evidence and cross-examination at trial; strong reduction of the judge's ability to introduce evidence (limited to the case of absolute necessity, such that he could not otherwise decide in favour of either party). Another primary difference is the strict separation of the trial phase from the preliminary investigation ....

The goal was to prevent judicial prejudice founded on knowledge of the investigations conducted by the prosecutor and by the police. ....

Source: The frustrated turn to adversarial procedure in Italy (Italian Criminal Procedure Code of 1988), Giulio Illuminati; 4 Wash U Glob Stud L Rev 567(2005)

An anonymous internet poster makes certain claims about Italian law, contradicting statements written by Giulio Illuminati, Professor of Criminal Procedure, Head of the Department of Law, University of Bologna, or Mitja Gialuz, Professor of Criminal Procedure, University of Trieste.

Who is correct and who is mistaken about these aspects of Italian law?

Have you read the documents I quoted?

They disprove your previous claims.
I do not make "certain claims": I quoted certain literature. I quoted a Supreme Court sentence, I linked essays.
And the essays I quoted disprove your previous claims.

That there was a shift in 1988 to an adversarial a procedure is correct, but that does not equate to your claims at all.
It is NOT true that the previous system had no presumption of innocence or no BARD standard: the quote I provided disproe your absurd claim.
That some adversarial changes in the 1988 reform were inspired to the anglo-saxon systems, is correct, yet, the 1988 procedure code does *not* resemble the anglo-saxon systems. It is a different system. It is a system which has fundamental differences. And I'd like to point out that in fact it provides *greater* guarantees to the suspect compared to the anglo-saxon systems on many aspects.
 
Sigh.

Read from Section 8. Section 8 and following is part of the text, too. Section 8 refers to Knox's alleged presence at the cottage. But I guess that's not part of the text! LOL!

Now read the other sections.
Such as section 9.

But when you read phrases, and you ask for translation, you'd better listen to those who know the language.

[Anyway section 8 doesn't make any assertion about Knox presence (or lack thereof) in the cottage].
 
Now read the other sections.
Such as section 9.

But when you read phrases, and you ask for translation, you'd better listen to those who know the language.

[Anyway section 8 doesn't make any assertion about Knox presence (or lack thereof) in the cottage].

Why argue with **me**? I am a nobody. As far as you are concerned you know I'm wrong. So be it.

The questiona are as christianahannah put them. I am completely disinterested in anything else.
 
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He is indeed bragging he got away with it. Why else would he set himself up as 'master', giving pervs advice on how to dispose of their girlfriends bodies, and endorsing obscene pictures of Amanda
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removed breach of rule 9
.

Why are we not surprised to see you condone this behaviour.

Were you recently elevated to the monarchy?

NO one here has "condoned" Raff's stupid and immature comments. But your claim is false and you know it...as well as we do... because you have repeatedly failed to produce a quote. If you could, you would.
 
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You are wrong.
This is *not* what the verdict says.
First, what the verdict says is that, 530.2, there is some "reasonable doubt" that "Knox did not take part to the killing action", even though it was a "proven fact that she was there" when Meredith was killed.
The same verdict also states that there is no doubt there were multiple attackers. And even emphasizes they agree with the lower courts that Knox actually heared Meredith's scream.

Whether you like it or not, this is what the verdict says.
It also says Knox washed her hands of Meredith's blood, and a series of other things.
It also contradicts itself, because in one line it also says the contrary, and it is riddled with a series of other logical contradictions overall.

The verdict never says anything nearly remote to what you asser. It says actually the diametrical opposite of that. It says that Knox was *certainly* there (only her "taking part to the action" of physically killing Meredith, they say, is not fully proven beyond any reasonable doubt - 530.2 ) and whatever your belief, you won't be able to deny it says that. Because that is what the text says.

It is actually good that you articulate it this way. Why?

Because you have shifted the standard of proof in ascertaining guilt, to make it seem like there was reasonable doubt in their innocence! Hoots!

First, what the verdict says is that, 530.2, there is some "reasonable doubt" that "Knox did not take part to the killing action"​
You have turned the mandate of the court, any court, on its head. It is not the job of the court to find their innocence beyond a reasonable doubt, it is the court's job to assess if the prosecution has proven their guilt beyond a reasonable doubt. Nice try. It is good that you've phrased it this way, so thanks. It makes it clear where you stand.

Finally, Section 9 DOES say that the M/B court is considering Knox's alleged presence at the cottage that night, when you put it as:

It says that Knox was *certainly* there​
In Section 9 it says:

9.3 During the analysis of the aforementioned elements of evidence, it is certainly useful to remember that, taking for granted that the murder occurred in via della Pergola, the alleged presence at the house of the defendants cannot, in itself, be considered as proof of guilt.
 
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Have you asked to be accepted to this group or have you just read what has been presented in the media?
Many posts covering several months have been shared, no longer need to join such a group to view. Numerous involving Sollecito. He doesn't deny the posts are his.
 
I ask this in all sincerity - has any Italian journalist done any investigative reports concerning any coverup with regards to the Hellmann acquittals? Are there any media inquiring about any fraud with the case? Do not Italian journalists care about and investigate corruption in their courts and country?

On another subject how are the people doing in the present as far as their careers and reputations, i.e. Mignini, Stefanoni, Comodi, etc.?

I am quoting this because I'd like to see Mach answer it.

I delay the answer to this because the question is complex.

First I think that I have to mention a context datum.
In 2016 Italy has sunk to the 77° place in freedom of press ranking.
The picture of mainstream media in Italy is now basically catastrophic.
To make an example: a huge trial taking place in Rome has just ended three days ago. It was a trial against a number of South American militaries and government officers who committed atrocities, they killed tortured and made people disappear during the "Condor Operation", an international action notoriously organized by Kissinger, Nixon and the CIA.
The defendants were from Bolivia, Uruguay, Argentina, Chile. The trial was about the murder of 23 Italian citizens.

The trial ended, 9 defendants were convicted (the masterminds) while 19 were acquitted (the executors), despire crushing evidence, and despite they even admitted and claimed their actions. The reasons why executors were acquitted is not the object of my point (anyway, acquitttals are the scandal of Italian justice system, not wrongful convictions).
The trial is anyway important because - contrarily to LJ's theories - the Italian justice system places a lot of importance on "judicial truth", which is seen as historic achievement. The trial acknowledges the "Condor Operation" as an organized crime and its masterminds.
My point is about the media. Did the Italian television talk about the trial and its conclusion? No. What did they say? Nothing.

The television did not say a word about the Rome trial.
Yet, the consuls of South American countries were there and they cheered to the convictions.
The Italian mainstream television did not report about this international event. The main newspapers reported a page. But they had not reported anything about the trial.

This is the context I am talking from.
I don't know if you underdstaand Italian, I link you this video: Marco Gregoretti is a Journalist who used to write on Il Corriere della Sera & Il Messaggero. In this video he reads snippets of the 2015 Meredith Kercher verdict. His point is basically "why journalist don't report about it?" and says "by reading I can understand why nobody wants to talk about this". By the end what he says "you journalists are cowards", "we put on our gag ourselves", "everybody has a job, everybody has a family".
Journalists don't like to talk about this story. By now at least.
And everybody knows.

To the general publis, the 2015 verdict just says "they are guilty, but they made too many mistakes in the investigation, so we had to release them". This is the common understanding. On a superficial level.
But besides this, and below a first superficial phrase, everyone believes corruption and international maneuver.

https://www.youtube.com/watch?v=7NOYOHPtAyM
 
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It is actually good that you articulate it this way. Why?

Because you have shifted the standard of proof in ascertaining guilt, to make it seem like there was reasonable doubt in their innocence! Hoots!

First, what the verdict says is that, 530.2, there is some "reasonable doubt" that "Knox did not take part to the killing action"​
You have turned the mandate of the court, any court, on its head. It is not the job of the court to find their innocence beyond a reasonable doubt, it is the court's job to assess if the prosecution has proven their guilt beyond a reasonable doubt. Nice try. It is good that you've phrased it this way, so thanks. It makes it clear where you stand.

The Supreme Court actually does NOT have any mandate in the merits of assessing evidence at all.
So, in fact, a verdict in the merits by the SC - as this one is - its itself nonsensical. The SC doesn't even have the evidence, they can't assess absolutely anything. They have no mean and no mandate at all. The 5th chambers verdict finding "reasonable doubt" and assessing evidence therefore was completely illegal. And fake.

Finally, Section 9 DOES say that the M/B court is considering Knox's alleged presence at the cottage that night, when you put it as:

No. What the sentence says in section 9 is beyond any possible dispute: it says it is a proven fact - from the point of view of the authors of the text (and NOT from the point of view of another court) - that Knox was there when meredith was killed.

It says that Knox was *certainly* there​

The text also emphasized that it agrees with the lower court on the finding that Knox heared Meredith scream.
 
There continues to be some confusion about Italian law by one or more posters here. Neither the quotation reproduced below nor others I have included in posts are my "claims". They are the words of Professors of Italian Criminal Procedure at several Italian universities.

Perhaps that poster should read the complete references rather than make unsupported statements that contradict essays on Italian law by Italian professors of law. It would not be a good use of ISF posting space for me to provide the full text here of these long essays, some of which are available online.

Here is one of the quotes and its reference and online download sites.

The new Code of Criminal Procedure of 1988 represented a revolution, inspired by the Anglo-American adversarial system. The break with the past was clear: abolition of the investigating judge; preliminary inquiry conducted by both parties; adversarial presentation of evidence and cross-examination at trial; strong reduction of the judge's ability to introduce evidence (limited to the case of absolute necessity, such that he could not otherwise decide in favour of either party). Another primary difference is the strict separation of the trial phase from the preliminary investigation ....

The goal was to prevent judicial prejudice founded on knowledge of the investigations conducted by the prosecutor and by the police. ....

Source: The frustrated turn to adversarial procedure in Italy (Italian Criminal Procedure Code of 1988), Giulio Illuminati; 4 Wash U Glob Stud L Rev 567 - 581 (2005), p 571

Giulio Illuminati, Professor of Criminal Procedure, Head of the Department of Law, University of Bologna

Downloadable sources:
http://openscholarship.wustl.edu/law_globalstudies/vol4/iss3/5/
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=827964
 
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