If you mean of Meredith's murder, I do consider them entirely innocent. If you don't mean of Meredith's murder maybe stop playing word games implying that you do.
I was talking about the loophole 'insufficient evidence'. In both Andreotti's and one of Berlusconi's (of his many, many charges of corruption) acquittal based on 'insufficient evidence', likewise Knox and Sollecito.
Consider this, Person X stands trial and after a full merits hearing with witnesses on both sides, and the verdict is 'guilty', the case having been proven on the strength of evidence presented.
Person X takes it to appeal as is automatic in Italy on a point of law of new evidence. So the case is sent back down with the evidence re-looked at on the particular point as directed by the appeal court.
The second merits/appeal court re-examining said evidence, using top scientific experts from all sides, in Italy, the prosecution, the defence and the civil parties (including the victim's family). Again, guilty verdict concluded. Motivational Report spells out facts found and proven from the evidence presented. Evidence can be circumstantial, including forensic and scientific evidence and chronology, it can be direct eye witness (or in the case of Kercher, ear witnesses who heard the harrowing scream and loud banging on the metal stairs by the underground carpark).
It goes to the Supreme Court as is usually automatically allowed in Italy. In the case of Italy for Kercher, a lawyer manages to argue off record that rejected evidence at the lower merits court should be rejected and reinstalled and substituted by defence advocates who were never cross-examined. The Supreme Court agrees to annul the sentences on the grounds that the crime scene 'might'* have been contaminated but the facts found at merits court and the intermediary appeal court stands. That is, all of the proven evidence remains: that Knox was definitely at the scene as proven, her blood was there mixed with Kercher's, Sollecito's knife definitely was there as per imprint on bed and his footprint on the bathmat, the burglary was proven staged, with only Knox' DNA left in Filomena's room co-mingled with the victim's DNA, the pair did both switch off their phones ahead of the murder, did spend a lot of time cleaning up with Sollecito even dismantling his sink U-tube, lying about being at his pc all evening, etc. All of this remains a proven fact. The injuries suffered by Mez are consistent with two different knives used, one a pen knife and the other a kitchen knife, which did have the victim's DNA on the blade and Knox' on the hilt. A knife carried from Sollecito's apartment to 7 via de Pergola in premeditation.
These absolute facts all remain, and as proven.
Question, do you really believe that simply having your sentence annulled on a legal loophole means Person X isn't damned by the sheer weight of evidence against them? Or do you think it is enough just to 'get away with it'?
For the perp that might be fine but it isn't justice or anything to be proud of.
As a by the by, I don't think anyone is interested in your personal opinion of guilt or innocence any more than they would be of mine.
What is important is the legal situation. And it stands at the unsatisfactory, 'insufficient evidence' level, amongst all the rest of the very strong evidence.
*Based on defence 'gun-for-hire', Dr Peter Gill, appointed by the defence to say so based on a report by Hellman-appointed experts Conti & Vecchiotti, who were expunged as 'intellectually dishonest' and caught advocating on behalf of the defence by Hellmann himself, ironically.
ETA whilst people such as Vecchiotti and Conti and Gill might believe they are acting compassionately in helping spring - what they see as two poor people they feel sorry for - from prison, I would say they are misguided and simply subvert the whole point of the rule of law.
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