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Cont: The Trials of Amanda Knox and Raffaele Sollecito: Part 32

Happy New Year to you all. I hope this is the year Amanda finally gets justice.
 
Hear, hear. Complete her rightful sentence
for what she did to Mez.


Well, it's a pity you've never been able to make sense of it. Happy new year nonetheless.

Hoots!
 
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Thankfully, that's one New Year's wish you'll never have granted.
The case against Knox - and Sollecito - alleging that they were involved in the murder/rape of Kercher ended, with no legal possibility of being renewed, with their definitive final acquittal in 2015.on

What may happen in 2025:

An ECHR verdict on the ECHR case Sollecito v. Italy 1157/18 (Lodged 22 Dec 2017; Communicated to Italy 1 Feb 2022). See:

An Italian CSC verdict on Knox's appeal against her 2024 re-conviction for calunnia against Lumumba; the re-conviction resulted from an Italian Appeals court trial based on the new Italian law meant to provide retrials for those found in an ECHR verdict to have been unfairly convicted. We'll see at some time (2025 or 2026) in this case whether Italy can actually follow its own laws fairly.
 
This is getting as convoluted as the Jarndyce and Jarndyce case in Bleak House. By the time Amanda wins her case, any compensation she might get would be swallowed up in costs and fees.

Hoots
 
This is getting as convoluted as the Jarndyce and Jarndyce case in Bleak House. By the time Amanda wins her case, any compensation she might get would be swallowed up in costs and fees.

Hoots

Possibly, under Italian law, Sollecito's eventual compensation for wrongful detention could be less than his expenditures for his defense on the murder/rape charges and his appeal for compensation for wrongful detention. (Recall that Sollecito was never finally convicted for any crime.) This is based on CPP Articles 314 and 315, which limit total compensation for wrongful detention to 516,456.90 Euros.

Knox's situation is different for two reasons.

First, she did not apply for compensation for unjust detention within the legal time limit (two years after final acquittal - for the murder/rape charges) as required under CPP Article 315. This may have been because at that time she remained finally convicted of the calunnia against Lumumba charge. If and when she is finally acquitted on that charge, it is not clear to me that she would be legally entitled to seek compensation for wrongful detention under CPP Article 315.

Second, if and when she is finally acquitted of the calunnia charge, she would be entitled to compensation for miscarriage of justice for the conviction and detention under the calunnia charge and possibly for the conviction and detention under the murder/rape charges, under CPP Article 643. There are no limitations on the amount of compensation that may be awarded according to that law, except that the compensation must be commensurate with the duration of the time served in detention and the personal and family consequences of the conviction.

See:

https://www.altalex.com/documents/codici-altalex/2014/10/30/codice-di-procedura-penale
 
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03.11.2024

Ex-PM Meredith Case, It's Time to Close This Story
Mignini invites us to 'put an end to the matter and reflect on the process'

Giuliano Mignini, a now retired magistrate who coordinated the investigation into the Perugia crime and then represented the prosecution in the trial, calls for "closing, putting an end" to the Meredith Kercher murder case.

He says this to ANSA while talking about the series on Amanda Knox that will also be filmed in the city. "Perhaps - Mignini said - we need to reflect on the trials that have left something incomplete. It is probably precisely this that does not close this story".

And regarding the series on Knox, Mignini said: "I don't know if I will see it". "Perugia has suffered a lot and unjustly for this story" Mignini said. "However - he added - in Avetrana they opposed it, in Perugia they did not. We will also need to know the content of the program. I am very perplexed, to say the least".


I'm wondering what the old fox is up to. What did he mean by having "left something incomplete" in the trials? He should know by now that the case is irreconcilable due to legal fiction that underpins it. It won't go away until that's resolved.
 
03.11.2024




I'm wondering what the old fox is up to. What did he mean by having "left something incomplete" in the trials? He should know by now that the case is irreconcilable due to legal fiction that underpins it. It won't go away until that's resolved.
It's true that the trials were incomplete in major respects. That is what the ECHR final judgment Knox v. Italy found: Italy had violated Convention Article 3, procedural limb. The trials did not order a prosecutor to effectively and independently investigate Knox's credible claims of mistreatment by the authorities during the interrogations. Furthermore, the ECHR judgment found that the trials were fatally flawed - unfair - because they did not address the issues of the denial of a defense lawyer for Knox during the interrogations although the courts relied on statements she had made in those interrogations (a violation of Italian law, CPP Article 63 and others) and of the conduct of the interpreter during the interrogation(s). These court failures contributed to the ECHR finding that Italy had violated Convention Articles 6.1 with 6.3c and 6.1 with 6.3e.

See:

Legal summary (in English)

ECHR Judgment (in French)
 
I've often wondered what "as a whole" means in terms of the proceeding? Do they mean until Amanda DID get a lawyer, or was that too late since the damage was already irreparable and extended to all the court proceedings thereafter? If it means to everything, then the use of the 1st memoriale as a new marker for the start of the case is absolutely flawed, and shouldn't even have been considered.

The only thing that concerns me in that case, is the claim that Amanda allegedly knew (sexual ) aspects of the murder before the investigators which would be untainted by any human rights abuses. This seems to be an incredibly weak argument since you're likely to suspect a sexual motive when Meredith was found semi-naked with a pillow under her hips and her underwear strewn all over the place . The cops are hardly going to miss something like that.

It's the only thing that they'd have left but if Italy can make it stick, I think they'll run with it.

Hoots!
 
I've often wondered what "as a whole" means in terms of the proceeding? Do they mean until Amanda DID get a lawyer, or was that too late since the damage was already irreparable and extended to all the court proceedings thereafter? If it means to everything, then the use of the 1st memoriale as a new marker for the start of the case is absolutely flawed, and shouldn't even have been considered.

The only thing that concerns me in that case, is the claim that Amanda allegedly knew (sexual ) aspects of the murder before the investigators which would be untainted by any human rights abuses. This seems to be an incredibly weak argument since you're likely to suspect a sexual motive when Meredith was found semi-naked with a pillow under her hips and her underwear strewn all over the place . The cops are hardly going to miss something like that.

It's the only thing that they'd have left but if Italy can make it stick, I think they'll run with it.

Hoots!
The meaning of the finding of violations of Convention Articles 6.1 (unfair trial) with 6.3c (denial of defense lawyer, specifically, during interrogation) and Convention Articles 6.1 (unfair trial) with 6.3e (unfair interpretation, specifically, the behavior of the interpreter was prejudicial) means that the ECHR has judged that Knox's original trials and final conviction for calunnia against Lumumba were unfair as a unit - that is, with all the parts of the proceedings considered together.

In its listing of relevant Italian laws in the text of its final judgment Knox v. Italy, the ECHR includes specific Italian laws on rulings of "nullity" of court cases. These laws were not applied in the calunnia proceedings against Knox, but their inclusion in the ECHR judgment text (paragraph 105) is an implied suggestion that Italy can redress its violations of Convention Article 6.1 in the case by an Italian court decision dismissing the calunnia charges and conviction on the grounds of "nullity". Italian law (CPP Article 178 and others) provides for a dismissal on the grounds of "nullity" when, for example, an accused is denied representation by a defense lawyer at any stage of the proceedings.
 
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The decision of the Cassazione Court on the calunnia ruling is scheduled for January 23:
 
Hopefully, it will be granted.
We can hope that the CSC will have the good sense to understand the ECHR final judgment and the details of the case so that Knox's renewed conviction for calunnia against Lumumba is annulled, by the CSC apply the nullity laws or other relevant laws.

If instead the CSC makes the renewed conviction final, Knox's courses of action include notifying the CoE Department for the Execution of Judgments of the ECHR of the Italian failure to redress Italy's violations of the Convention and, within 4 months of the issuance of a CSC final motivation report, lodging a new case with the ECHR.
 
We can hope that the CSC will have the good sense to understand the ECHR final judgment and the details of the case so that Knox's renewed conviction for calunnia against Lumumba is annulled, by the CSC apply the nullity laws or other relevant laws.

If instead the CSC makes the renewed conviction final, Knox's courses of action include notifying the CoE Department for the Execution of Judgments of the ECHR of the Italian failure to redress Italy's violations of the Convention and, within 4 months of the issuance of a CSC final motivation report, lodging a new case with the ECHR.
And she'll have years of being in limbo yet again.
 
lodging a new case with the ECHR.

That surely has a long way to go? It all has to go past the committee of ministers to be considered a final resolution.

The problem seems to be that Italy is weaponising the memoriale that the ECHR deemed to be a retraction. A prompt assignment of a lawyer might also have pre-empted the need for the memoriale in the first place. The ECHR also indicated that the "telephone call with her mother" on the 10th November also was a retraction. I take it that this refers to the prison intercept of the same date that had already been cited as a reiteration of guilt by the Italian courts. If that's the case it seems to me that Italy is in direct conflict with the ECHR judgement,

So why would the COM simply accept Italy's action report as a resolution?

In the intererim, it also looks as though Amanda's defence team as well as non-governmental organisations such as the Italian innocence project can communicate with the committee of ministers, if they think the proceedings are unfair. There may well be others that could intervene if Italy decides to run with it.

 
That surely has a long way to go? It all has to go past the committee of ministers to be considered a final resolution.

The problem seems to be that Italy is weaponising the memoriale that the ECHR deemed to be a retraction. A prompt assignment of a lawyer might also have pre-empted the need for the memoriale in the first place. The ECHR also indicated that the "telephone call with her mother" on the 10th November also was a retraction. I take it that this refers to the prison intercept of the same date that had already been cited as a reiteration of guilt by the Italian courts. If that's the case it seems to me that Italy is in direct conflict with the ECHR judgement,

So why would the COM simply accept Italy's action report as a resolution?

In the intererim, it also looks as though Amanda's defence team as well as non-governmental organisations such as the Italian innocence project can communicate with the committee of ministers, if they think the proceedings are unfair. There may well be others that could intervene if Italy decides to run with i
If I understand correctly the Sacco MR states that they are not obligated to accept the ECHR's decision that the N6 mem. was a recantation/retraction.
"The defense argument according to which this Court is called upon to merely acknowledge the interpretation of the European Court of Human Rights of the substantive content of Knox's memorial of 6 November 2007, in the sense of the retraction of the accusatory statements made verbally to the investigators at 01:45 and 05:45 on the same 6 November, cannot be shared.

If, by mere hypothesis, one were to follow the aforementioned argument of the defendant and her defense, it would be evident that the present referral proceeding is superfluous, since it was instead ordered by the Court of Cassation precisely for the purpose of interpreting the declarations contained in the memorial, an activity implying a judgment on the merits that goes beyond the bounds inherent to the scrutiny of the Supreme Court."
Seems like the upcoming SC could say Sacco's court erred in its interpretation somehow. But, not being a lawyer, we'll just have to wait and see.
 
If I understand correctly the Sacco MR states that they are not obligated to accept the ECHR's decision that the N6 mem. was a recantation/retraction.

Seems like the upcoming SC could say Sacco's court erred in its interpretation somehow. But, not being a lawyer, we'll just have to wait and see.
Thanks for this excellent summary.

The issue here is that the Italian courts sometimes seek to "overrule" the ECHR, by ignoring the treaty obligation of Italy to follow the final judgments of the ECHR and the Italian Constitution's provision (Article 10) that the Italian legal system conforms to international law.

See:
 
In 2014 Dena Weiss wrote, "The police processed the crime scene by dusting with fingerprint powder to reveal fingerprints. Of the numerous fingerprints found at the scene, only one print on a water glass in the kitchen was identified as Amanda’s print. Fourteen of the prints were not identified to anyone involved in the case. A key piece of evidence was a bloody palm print found on the pillow under the victim. This was identified as belonging to Rudy Guede, a black immigrant with a history of petty theft and break-ins who often was seen partying with local college students and who had recently met Kercher at a party thrown by basement occupants of the cottage where Knox and Kercher lived (Sayahg, 2010)."

In 2009ABC News reported, "A total of 61 prints were taken into evidence at the scene of the crime. Of these, all but 13 were identified as belonging to various people who had been in the house. Five prints belonged to Sollecito, said Privitera, two of which were found on the outside of Kercher's bedroom door." BTW, I use "fingermarks" when discussing accidentally made impressions, and "fingerprints" when discussing deliberately made impressions.

Guede's palm print is classified as a patent print, because it is obvious to the eye. I remember seeing a map with the locations of presumably latent fingermarks, fingermarks that are revealed through chemical or physical means. The ABC News report implied that Guede did not leave any latent fingermarks. Is that what everyone else remembers? Also (and I regret having to ask this), was ruthenium tetroxide (RTX), used to reveal any fingermarks on Meredith's body? In a quick scan of the literature, I found a journal article discussing RTX being used on a dead body from 2007; therefore, it was probably not in wide use at the time of the murder. Swedish Black powder would be another choice.
 
If I understand correctly the Sacco MR states that they are not obligated to accept the ECHR's decision that the N6 mem. was a recantation/retraction.

It looks to me that the Florence court was not in a position to evaluate whether it was shareable or not. The ECHR judgement is final and isn't a matter to be quibbled about. So, I'd agree with you in that respect.

I'd still argue that the ECHR judgement regarding the lawyer and interpreter violations are overarching; therefore Italy's considerations on the memoriale are irrelevant. I that that CDV should be arguing that if HE were promptly assigned to assist Amanda on the 6th November he'd never have advised her to make the memoriale in the first place, or at least have advised her on the content. The non-assignment of a lawyer of course undermined the fairness of the proceedings as a whole. In other words the use of the memoriale in the current proceedings is deceptive.

Hoots!
 

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