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

Wow, you're spokesperson for other people now.
Everyone currently participating in this thread except for you can see that @Myriad wasn't insinuating that Amanda was being treated like a witch because she's a woman, along with most, and probably all, of the lurkers.

Yes, there are definitely some amazing things here, but I'd better not say what they are.
 
So what makes Filomena's word gospel? How does FR know Meredith doesn't lock the door? Does she go rattle the door while Meredith is showering or while out with her friends? Again, this is confirmation bias. Filomena is saying what you want to believe, so you believe her. Amanda, nah.. so she must be lying.
Somewhere in WTBH, IIRC, Knox makes the statement that Italians will sometimes use the words "locked" and "closed" in a confused way - as many Americans do in English. That is, one may say or assume a closed door is "locked" without testing it, while an open door is of course "unlocked". I don't know if this thought helps resolve the issue, since we can't be sure what the speakers meant at the relevant time.

In Free: My Search for Meaning, Knox provides another insight into a possible cultural and linguistic issue. In Italian, the word for "grief" is "dolore"; the same Italian word ("dolore") also means "pain". I think she is suggesting that her failure to appear acutely pained by Kercher's murder seemed off to many Italians. There are, of course, cultural and individual differences in expressing grief.
 
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Why do you keep going over old ground that has been settled by the merits courts?
Why do you keep pretending that every appeals court that overturned the findings of the merits court was corrupt or incompetent?

The courts I like preferred the prosecution's case . . .
FTFY

. . . to the feeble hastily dreamt-up 'possible alternative explanations' put forward by the defence . . .
The evidence that the bra clasp was severely mishandled, and that the knife was not the murder weapon, are incontrovertible. And that's without even addressing the issue of possible lab contamination or other errors. Further, as has been explained to you ad nauseam, mixed DNA in blood does not mean mixed blood.

. . . in the face of overwhelming evidence . . .
"You keep using that word. I do not think it means what you think it means."

. . . presented by the independent court experts cross-examined and tested.
Who were still clearly wrong, as has again been explained to you ad nauseam.

Prof Vinci is toast. Hellmann is toast. Conti & Vecchiotti are toast . . .
"Evidence must pass the 'I like it' test." :rolleyes:

(except Marasca-Bruno scrambled through the bin to scrape off some of their mouldy remains from the bowels as a pretext to freeing the pair [in exchange for a backhander from crooked dimwitted Trump, no doubt]).
:tinfoil
 
Everyone currently participating in this thread except for you can see that @Myriad wasn't insinuating that Amanda was being treated like a witch because she's a woman, along with most, and probably all, of the lurkers.

That's true. As I said at the time and have said again since, I was giving an example of how harshly history judges malicious false accusers like Newton, Stoughton, Mignini, and Stefanoni. Prosecuting the innocent is terrible, and while it might sometimes be justified as an inevitable occasional consequence of enforcing laws, when the prosecutors throw away reason, common sense, propriety, responsibility, duty, and established procedure in the process, it becomes monstrous.

I should also mention, now that it's come up again, the comparable consequences for malignant prosecutors' public apologists like Cotton Mather. Mather was actually a well-educated and sophisticated thinker for the time, but he was arrogantly certain about the guilt of the accused in the New England witchcraft panic (despite the cautions of his wiser father) so, 330-odd years later, 99% of those who recognize his name immediately think of him as a period villain. He's even a literal comic book villain!

But Vixen did astutely point out another aspect of the analogy: not female defendants (both cases had both male and female innocent defendants as has been pointed out) but the historically documented fact that both prosecutions were based on lunatic conspiracy theories about Satanic rites. In that regard, the prosecution of Knox and Sollecito was part of a well-established tradition!
 
Well, LJ, an answer that I and others have given in the past is that we don't do it for the benefit of the conspiracy theorists, because we know they're exceedingly unlikely ever to change. We mainly do it for the benefit of any curious but uninformed people who might come across a particular thread and wonder whether there might be something to the woo presented.

I should also mention that I've personally learned a lot about several subjects, in particular the Apollo program, and human spaceflight in general, from being in on extended discussions about particular conspiracy theories over the years.


You do flatter yourself. Enormously. You believe AK and RS are the victims of a villainous Italian prosecutor, puppet master of the entire Perugia police force and Florence judiciary and here you are. not even faintly realising you are one of your own hated conspiracy theorists.



.
 
Luckily you don't need to worry about these brain teasers as the Italian courts peopled by learned lawyers and judges did it for you.
That is a long way of saying, "I can't answer how Filomena would know when Meredith locked her door, so I'll just make a snarky remark that I think is clever."
 
Why do you keep going over old ground that has been settled by the merits courts?

Because you continually make false claims that need to be refuted. Because you continually mischaracterize what members say and what the courts said. Because you continually refuse to answer any questions you know you can't give a logical answer to. Because, when faced with quoted and cited evidence that you are wrong, you refuse to address that and, instead, reply with exact kind of unrelated response you've given here.
You wanted a "plausible path for contamination" which I give you by presenting Prof. Vinci's slide presentation. Which, of course, you predictably ignored because it undermines your narrative.

You also claimed that "Hellmann was criticised for saying, 'Anything is possible'" when, if fact, it was the EXPERTS that Chieffi criticized as shown in the cited quote.

You followed those two claims with this false claim: "failing to explain why he appointed new expert witnesses at all."
I quoted and cited Hellmann doing exactly that.

The next claim was: "As the next merits court via Nencini Appeal pointed out, C&V's report was riddled with so-called 'US standards'". Yet again, I quoted and cited that it the "oft-cited INTERNATIONAL STANDARDS" Nencini referred to not "US".

Finally, you falsely claimed that the C & V report was "clearly written by AK advocates in the US".
You were then asked to quote and cite the evidence for that which, per usual, you refused to do.

Another Vixen mischaracterization is the use of "riddled" when Nencini actually used "oft-cited" which is NOT the same thing as "riddled with".
For the umpteenth time, you were asked to quote and cite evidence for your claims. For the umpteenth time, you failed to do so.

You ended with this:
The courts preferred the prosecution's case to the feeble hastily dreamt-up 'possible alternative explanations' put forward by the defence in the face of overwhelming evidence presented by the independent court experts cross-examined and tested.
Hmmm...Since the pair was definitively acquitted, largely based on the C&V report, I'd say the SC preferred the defense's case.
Prof Vinci is toast. Hellmann is toast. Conti & Vecchiotti are toast

You know who is toast? Massei and Nencini. C&V are hardly 'toast' since their report was accepted by Marasca.
(except Marasca-Bruno scrambled through the bin to scrape off some of their mouldy remains from the bowels as a pretext to freeing the pair [in exchange for a backhander from crooked dimwitted Trump, no doubt]).
Ah, yes. Trump. We agree on one thing. He is "crooked and dimwitted". But please explain to us exactly how Trump, in March 2015, had the power to influence a Supreme Court of Italy to free the pair? Go on, Vixen, explain that to us. Or, per your usual, are you going to just ignore that question?
 
It's what the criminal courts are for, evolved over hundreds of years to determine culpability. But along comes a few Knox fans who believe they can judge who dunnit just by guessing. Wow, who needs Lady Justice and her scales?
Congratulations! You've outdone yourself with this one. :crazy:



Somewhere in WTBH, IIRC, Knox makes the statement that Italians will sometimes use the words "locked" and "closed" in a confused way - as many Americans do in English. That is, one may say or assume a closed door is "locked" without testing it, while an open door is of course "unlocked". I don't know if this thought helps resolve the issue, since we can't be sure what the speakers meant at the relevant time.

In Free: My Search for Meaning, Knox provides another insight into a possible cultural and linguistic issue. In Italian, the word for "grief" is "dolore"; the same Italian word ("dolore") also means "pain". I think she is suggesting that her failure to appear acutely pained by Kercher's murder seemed off to many Italians. There are, of course, cultural and individual differences in expressing grief.

la porta è chiusa = the door is closed​

la porta è chiusa a chiave=the door is locked.
I think there was so much noise, confusion, and chaos at that point that there was likely a language problem. I don't think Filomena was fluent in English, Raffaele, who was translating, certainly only had a very basic knowledge of English as was Amanda's knowledge of Italian.


​

 
You do flatter yourself. Enormously. You believe AK and RS are the victims of a villainous Italian prosecutor, puppet master of the entire Perugia police force and Florence judiciary and here you are. not even faintly realising you are one of your own hated conspiracy theorists.
Vixen, you have a deep misunderstanding of the Knox - Sollecito case under international law. Too bad your expertise doesn't seem to cover that area.

Here's the international law on being a "victim" of a violation of the European Convention on Human Rights; its Article 34 of the Convention:

Article 34
Individual applications
​
The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the Protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.

Thus, Knox claimed to be a victim of a violation of her rights under the Convention by the state of Italy. Because the ECHR found in the final judgment Knox v. Italy* that her rights under Convention Articles 3 (procedural limb), Articles 6.1 with 6.3c, and Articles 6.1 with 6.3e were violated, she is indeed a victim of Italy's violations under international law. Your statements to the contrary cannot change that.

For Sollecito, his case** has so far advanced to be Communicated to Italy, and thus he is an alleged victim of the violation by Italy of his Convention rights. An ECHR judgment in his case is awaited.

* https://hudoc.echr.coe.int/eng?i=001-189422

** https://hudoc.echr.coe.int/eng?i=001-215997
 
You do flatter yourself. Enormously. You believe AK and RS are the victims of a villainous Italian prosecutor , puppet master of the entire Perugia police force and Florence judiciary and here you are. not even faintly realising you are one of your own hated conspiracy theorists
The prosecutor leads and directs the police investigation. An investigation that was found to be full of "glaring errors", "stunning weakness," and "investigative bouts of amnesia".

None of us hear are declaring every judge, defense lawyer, defense expert or defense witness as being "bent, paid off, or incompetent. That would be you being the conspiracy theorist.
 
You do flatter yourself. Enormously.
:id: Good thing I stocked up again.

You believe AK and RS are the victims of a villainous Italian prosecutor, puppet master of the entire Perugia police force and Florence judiciary . . .
You're not very good at reading minds, Vixen. Maybe you'd have better luck with tarot cards. :rolleyes:

Everyone can see what you're trying to do here, which is to imply the existence of a false dichotomy. Namely, either the investigation and trial were carried out professionally, competently, and honestly, or else there was a huge police and judicial conspiracy to frame two people who were known to be innocent. You are ignoring the obvious third possibility, which is, as we have been saying all along, that the investigation and trial were conducted incompetently, featuring, inter alia, shoddy police work and forensics, a rush to judgment, tunnel vision, and numerous unwarranted assumptions.

and here you are. not even faintly realising you are one of your own hated conspiracy theorists.
No. You keep trying to pretend that I and others are attributing to malice that which can clearly adequately be explained by incompetence.

Further, even if I were to claim Amanda and Raffaele were intentionally framed, a modestly sized city police force hardly qualifies as a "powerful, secretive organization," such as, e.g., the American CIA, the Russian FSB, the Mafia, or a group of British government ministers conspiring to protect Rishi Sunak's business interests.
 
Everyone can see what you're trying to do here, which is to imply the existence of a false dichotomy. Namely, either the investigation and trial were carried out professionally, competently, and honestly, or else there was a huge police and judicial conspiracy to frame two people who were known to be innocent. You are ignoring the obvious third possibility, which is, as we have been saying all along, that the investigation and trial were conducted incompetently, featuring, inter alia, shoddy police work and forensics, a rush to judgment, tunnel vision, and numerous unwarranted assumptions.


No. You keep trying to pretend that I and others are attributing to malice that which can clearly adequately be explained by incompetence.
This is basically the guilter MO at this point.
 
:id: Good thing I stocked up again.


You're not very good at reading minds, Vixen. Maybe you'd have better luck with tarot cards. :rolleyes:

Everyone can see what you're trying to do here, which is to imply the existence of a false dichotomy. Namely, either the investigation and trial were carried out professionally, competently, and honestly, or else there was a huge police and judicial conspiracy to frame two people who were known to be innocent. You are ignoring the obvious third possibility, which is, as we have been saying all along, that the investigation and trial were conducted incompetently, featuring, inter alia, shoddy police work and forensics, a rush to judgment, tunnel vision, and numerous unwarranted assumptions.


No. You keep trying to pretend that I and others are attributing to malice that which can clearly adequately be explained by incompetence.

Further, even if I were to claim Amanda and Raffaele were intentionally framed, a modestly sized city police force hardly qualifies as a "powerful, secretive organization," such as, e.g., the American CIA, the Russian FSB, the Mafia, or a group of British government ministers conspiring to protect Rishi Sunak's business interests.
The false dichotomy is the result of the false assumptions by the guilters (PGP) that the police, prosecutors, and judges acted solely lawfully and competently and the false assumptions by the PIP that the police, prosecutors, and judges acted solely lawfully but incompetently.

Once it is recognized that certain actions and inactions of the police, prosecutors, and judges were intentional and unlawful as well as in some instances incompetent the apparent dichotomy is resolved. One difficult concept for some posters appears to be that a person under questioning, even if in the view of the police or prosecutor a suspect rather than a witness, under Italian and international law, has specific defense rights.

For example, incriminating statements made by a supposed witness under questioning may not be used against her according to CPP Article 63. There are no exceptions to this exclusion allowed in the Code of Criminal Procedure. However, the Italian Supreme Court of Cassation ruled that such incriminating statements may be used against the supposed witness if the statements themselves constituted a crime (that is, calunnia - a knowing false accusation against another or autocalunnia - a knowing false accusation against one's self). The ECHR found that the CSC's general ruling violated the Convention and ECHR case law, because the witness statements, taken without a defense lawyer present to advise the supposed witness violated the right to defense that begins from the very beginning of a judicial proceeding.

As an illustration of the unlawful acts of the judiciary, consider that the CSC - the Chieffi panel - in its MR, contrary to the previous ruling by the CSC (a different panel) that Knox's interrogation statements could only be used against her for calunnia, insisted that the referral court consider them in the murder/rape trial. Is this to be considered legal incompetence by the Chieffi CSC panel or an intentionally unlawful judgment by the Chieffi CSC panel, intended to help to achieve the goal of conviction?
 
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The false dichotomy is the result of the false assumptions by the guilters (PGP) that the police, prosecutors, and judges acted solely lawfully and competently and the false assumptions by the PIP that the police, prosecutors, and judges acted solely lawfully but incompetently.
In some cases unlawful behavior by the police and judiciary can be adequately explained by incompetence, rather than malice, particularly when they believe, rightly or wrongly, that suspects are guilty. I intended the term "incompetence" to encompass certain illegal acts, including the interrogations, and I should have made that clear in my post.

Once it is recognized that certain actions and inactions of the police, prosecutors, and judges were intentional and unlawful as well as in some instances incompetent the apparent dichotomy is resolved.
Although it has no bearing on the fundamental unfairness of the investigation and trial, this does raise the question of whether, at least in some cases, the police were actually aware that they were breaking the law. If they were not, then their illegal actions may qualify as merely incompetent, rather than malicious.

Conversely, one could argue that, in certain circumstances, even a knowing illegal act of the police could be merely incompetent (or even possibly competent), rather than malicious, if the police are certain (rightly or wrongly) that a suspect is guilty.

One difficult concept for some posters appears to be that a person under questioning, even if in the view of the police or prosecutor a suspect rather than a witness, under Italian and international law, has specific defense rights.
Didn't you mean to say "a witness rather than a suspect" here?

For example, incriminating statements made by a supposed witness under questioning may not be used against her according to CPP Article 63. There are no exceptions to this exclusion allowed in the Code of Criminal Procedure. However, the Italian Supreme Court of Cassation ruled that such incriminating statements may be used against the supposed witness if the statements themselves constituted a crime (that is, calunnia - a knowing false accusation against another or autocalunnia - a knowing false accusation against one's self). The ECHR found that the CSC's general ruling violated the Convention and ECHR case law, because the witness statements, taken without a defense lawyer present to advise the supposed witness violated the right to defense that begins from the very beginning of a judicial proceeding.
As I've mentioned, @Vixen loves to bang on about how, supposedly, Amanda and Raffaele weren't technically suspects under Italian law, when they clearly were suspects, and thus the ECHR got it wrong when they ruled that Amanda's rights were violated.

What @Vixen completely misses (or simply refuses to admit) is that the entire point of the Convention language and ECHR case law on this topic is to prevent exactly this sort of abuse, where the police bring in a suspect on the pretext that he or she is only a witness and proceed to extract incriminating statements.

As an illustration of the unlawful acts of the judiciary, consider that the CSC - the Chieffi panel - in its MR, contrary to the previous ruling by the CSC (a different panel) that Knox's interrogation statements could only be used against her for calunnia, insisted that the referral court consider them in the murder/rape trial. Is this to be considered legal incompetence by the Chieffi CSC panel or an intentionally unlawful judgment by the Chieffi CSC panel, intended to help to achieve the goal of conviction?
It's funny how @Vixen loves to point out what she considers to be errors by all the courts, including the ECHR, that acquitted or otherwise ruled in Amanda and Raffaele's favor, yet she's not the least bit interested in this massive, glaring error by Chieffi.
 
In some cases unlawful behavior by the police and judiciary can be adequately explained by incompetence, rather than malice, particularly when they believe, rightly or wrongly, that suspects are guilty. I intended the term "incompetence" to encompass certain illegal acts, including the interrogations, and I should have made that clear in my post.


Although it has no bearing on the fundamental unfairness of the investigation and trial, this does raise the question of whether, at least in some cases, the police were actually aware that they were breaking the law. If they were not, then their illegal actions may qualify as merely incompetent, rather than malicious.

Conversely, one could argue that, in certain circumstances, even a knowing illegal act of the police could be merely incompetent (or even possibly competent), rather than malicious, if the police are certain (rightly or wrongly) that a suspect is guilty.

.....
SpitfireIX, I don't believe you have presented the full implications of your statements.

What are the general consequences if a police officer is not liable for an unlawful or illegal act because he or she can claim incompetence or lack of knowledge of the law as a defense?

Could a civilian claim the same defense? Suppose one or more high school students sexually assault a drunken unconscious girl. If the high school students claim they had no knowledge that they were committing a criminal offense, does that mean that their act was not a crime, but rather incompetence, or otherwise not a crime?
 
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