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Amanda Knox guilty - all because of a cartwheel

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Finding DNA from both persons in the same swab would not be considered odd.

This is exactly why I suggested that this will be the crux of the Knox appeal. As someone once said, though, it's like one brick in a wall of evidence. I don't have the cite (try PMF please) but there's something like 10,000 pages of evidence--roughly equivalent to the NIST report on 9/11.
 
Time for a scientific reality check.

Bathrooms are places where humans perform the kind of hygiene tasks that cause us to shed material containing DNA. Things like showering, trimming toenails and brushing hair. This material doesn't evaporate, it stays around. Normal cleaning doesn't get rid of all of it. Take a swab from a random spot in anyone's bathroom and you are likely to find their DNA.

The bathroom in question was routinely used by both the suspect and the victim. Even in the absence of a murder, finding DNA from both of them in that room would be expected. Finding DNA from both persons in the same swab would not be considered odd.

It's not just random dna. It's Knox's DNA mixed with Kercher's blood and Knox's blood mixed with Kercher's blood and in several places. 3 separate places in the bathroom including the ledge of the basin, on the bidet, and on a box of Q Tips cotton swabs. Then the footprint and the mixed dna in Filomena's room which Knox said she didn't enter when she said she discovered the murder scene (also the room of the broken glass btw).
 
Hello, brand new JREF member!

I am just going to address a couple of these since the media reports (especially those in the US) appear to differ from anything the defence said in court.

Thanks for the welcome (you and everyone else :>)

Unfortunately, it's been hard to find complete records of anything that went on in court, that have been translated into English. Which stinks.

The issue wasn't just Knox' DNA being there; it was Knox' mixed with Kercher's.

DNA mixes easily. For example, Knox brushed her teeth, spit into the sink and didn't rinse well. Kercher's blood was deposited into the sink by the killer. They'll mix. So, it's not conclusive proof that Knox killed Kercher. It's only evidence that Knox used the facilities in the bathroom recently, which would be reasonable, as Knox lived there and shared a bathroom with her.

Not quite confessions. Knox accused her former employer after a witness testified that she scrolled through her cellphone and found his name there. Her story (or, more properly, her family's) is that the police slapped her on the head until she named him. His name features prominently in her written 'dream sequence'.

No, they weren't actual confessions, IMO. They were essentially what we were taught to look for, if we had to interrogate prisoners. They'll say whatever they think we want to hear, to get food, water, sleep or relief from questioning. In fact, they become quite docile and compliant after 14-18 hours with no sleep, no food and no relief from the barrage of abuse and questioning. It's actually not surprising that he factored into this. He texted her that night. She saw his name in her phone. When people fabricate stories under stress, they often include things that are at the front of their minds. He was there and... he was accused.


This will probably be the tack they take on appeal. It's the only straw left to grasp, really.

Probably. And it's a pretty good defense, actually.

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One thing where I slightly agree with skeptigirl: There are many instances in this case where a cultural difference is evident between Italy and both North America and the UK--specifically linguistic differences.

As I'm a Russian American married to a native Russian... there are cultural differences all over the place and they often cause difficulties.

1] The Italian word for "attorney" is akin to "one who irrevocably ties things up in a knotted muddle" so in Europe lawyers tend to call themselves "barristers" or some equivalent.

2] Whereas the police reported that the victim's door was "closed", in Italian it's shorthand for "locked".

3] The term for slitting the throat wasn't the same as the one used in the police report or (I recall) the testimony. The Italian idiom was akin to "butchering" as in the slaughter of a farm animal.

These are just a few of several terms that I found on the Perugia Murder Files site thanks to their contributor Catnip, who arrived there in January 2009, and continued up to the most recent posts.

It's much the same with Russian. My husband is always asking me if I closed the door. He's really asking me if I locked it. Linguistic differences can cause a lot of problems, in this kind of a situation.

I've now spent over 24 hours at that site reading through as many of the entries and links as I could. Just a personal opinion, but it appears that Knox has largely exhausted any hopes for a successful appeal unless (at the very least) they are able to convince the courts that only Sollecito was lying and not her.

The prospect of facing most of their adult life in prison might just convince one of them to lift the 'dream sequence' fog and tell the truth.

The thing is... I'm not sure if either one of them actually remember what happened to them that night. They were admittedly stoned out of their minds.

The problem with the three of them is that it's really hard to put them all together. Guede barely knew Knox and Sollecito. Allegedly, Knox knew Guede very casually from working as a waitress. I'm not clear whether Sollecito actually knew Guede at all. Why would three people, who barely knew eachother, decide to murder a fourth person? I mean... it doesn't make much sense.

It seems more like the prosecution came up with a case and then matched people to the different roles that they were supposed to play, more than three virtual strangers got together one night and decided to play fatal sex games with Kercher.
 
Probably. And it's a pretty good defense, actually.

Eeesh. Don't know how to respond but actually it's rather a horrible defence. It qualifies easily as a last gasp. Sollecito's defence already gave an explanation for Kercher's DNA and it doesn't fit any of the other evidence. If Knox' lawyers are willing to throw Sollecito under the bus then she still has a chance of pulling this off.

Essentially, Solnishko, one of them pretty much has to admit perjury to gain a successful appeal. If both of them argue "contamination" then they'll both lose. Classic "prisoners' dilemma".
 
He did not at any point suggest or believe there was any "satanic" element in this case. He did consider that there was a Halloween connection, however. It was established that Knox made several attempts to persuade the victim to spend Halloween with her, though the girls did not normally socialise together. It was established that Sollecito had a collection of manga magazines, which included what might be described as "vampire porn", and that he had said he was keen to experience extreme sexual experiences. It happened that Kercher's halloween costume was as a vampire. The crime was committed the day after Halloween and the victim was sexually assaulted

I think I already mentioned, I think the abscence of the word "Satanic" is splitting hairs. He called it a Halloween ritual killing. None of what you wrote above makes that concept even remotely reasonable.

He knew that Knox and Sollecito had lied about many things and that neither could establish their whereabouts at the time of the murder. He believed they were involved. He had good reason for that. Like everyone else he presumably wanted a narrative: both because it is telling in making a case and because he is human. Mignini did believe that the motive was sexual; and he did tie it to the fantasy material and to Halloween.

He proposed this scenario and it was not accepted, but it was not a scenario of satanic abuse: it was a lot less lurid than that.

I don't agree, sorry. That he proposed the whole thing was a ritual killing meant for Halloween (or later, on All Saints Day), is pretty lurid and absurd. He made quite a few leaps of logic to get there. Had he said the motive was sexual, that by itself would make some sense. Saying it was a ritual killing because someone liked comic books is, frankly, stupid. (Mignini that is, not you).

Nevertheless the judge did not accept it and he has never raised it in connection with the trial of Knox and Sollecito. The only people who have raised it are the Friends of Amanda and their media supporters.

I would consider myself neither. And you consider the UK media as supporters of Amanda Knox?

We will presumably get some information as to the truth of all this because Miginini has sued the Seattle Herald. Which may go some way to explaining Bremner distancing of her organisation from the comments.

Yes, Mignini sued (and tried to get shut down) an overseas newspaper because it quoted someone who said something bad about him. Now Amanda Knox's parents are under investigation for "defamation" for an interview they gave in 2008 18 months ago in the United States -- charges conveniently announced 5 days before the end of their daughter's trial.

I would also point out that Douglas Preston, who talks quite a bit about Mignini's alleged obsession with Satanic rites and such, wrote his book before the Knox case.

And after a confrontation with Mignini detailed in my links above: yes I know.

Is this supposed to discredit Preston or... what? So not only did he research the story as a journalist and author, he had personal run-ins with the guy. I get that Preston has a bias, but are you suggesting that he is making things up?

If he is, he has incredible luck. He writes a book in which he makes up a story about Mignini being prone to going for absurd conspiracy theories, and then Mignini obliges him by presenting a bizarre theory very similar to that mentioned in the book.

You have this account and you have Mignini's. I am inclined to accept what Mignini says because his statements seem to be straightforward in the face of very serious allegations made without much in the way of fact checking. But obviously you can decide otherwise. It is a question of judgement in the end.

Do you know that these stories were written without "fact checking"? Did you fact check Mignini's statements? It seems you're suggesting that several sources, including the BBC, the Independent, Preston and his writing partner, are all either lying, making things up or completely mistaken. The BBC article, for example, is from 2004 -- before Preston's book or the Knox trial.

Why? Do you see anything improper in the conduct of the case? Do you see any allegation of satanic abuse in the evidence presented? Even if I assume you are correct how does this "nuttiness" make any difference at all, given the structure of the Italian legal system and the content of this trial? I can only think you are hinting(as someone did earlier) that the prosecutor might have deliberately tampered with the evidence. So how did he get the accused to tell lies repeatedly? <snip> Give me a narrative, please. Without that narrative and some evidence to underpin it the suggestion if frankly shameful

It's no more shameful than the character assassination against Amanda Knox. I'm not particularly convinced she's innocent -- in fact, I lean more toward her being guilty. But the numerous leaks -- including parts of the diary she wrote in prison -- with a non-sequestered jury... it stinks. It would stink if it happened here and it does there.

And unless you're suggesting the Italian justice system is so great that prosecutors are always caught if they do something wrong, then the above is a red herring. I'm not suggesting that the prosecutors faked any evidence. The evidence itself has been questioned enough here, anyway. Prosecutors don't have to stage crimes or fake evidence to railroad people. Overzealous prosecutors can do a lot of things, and it may not even be on purpose: influence the jury through the media, "coach" witnesses a bit too much, ignore exculpatory evidence (which would be illegal), or simply interpret evidence incorrectly, or "fall in love" with their own theory and do everything they can to make evidence fit it. Innocent people have been found guilty "beyond a reasonable doubt" before without misconduct. And given that the lead prosecutor in this case is under indictment for abuse of power as well as everything else noted, well... (And yes, I am aware Mignini has responded to his indictment by...shockingly! saying that he didn't do anything wrong).

Good point: I do not know how that was leaked, do you? We do know that evidence is made available legitimately in some circumstances, because members of Sollecito's family have been indicted for leaking material which was obtained in that way.

No idea who leaked it. So some of Sollecito's family have been indicted. Amanda Knox's parents are being investigated. A Seattle newspaper is being sued. Has anyone been indicted for leaking things detrimental to Amanda Knox or Sollecito? Have they even been investigated?
 
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Noi. It was never presented in that way IMO: but assuming you are correct it was NEVER presented at this trial. Whatever was presented was presented in Guerde's trial

We'll have to agree to disagree with this. I'm not going to split hairs because Mignini referred to it as "a ‘rite’ celebrated on the occasion of the night of Hallowe’en. A sexual and sacrificial rite..."

(and I've posted the longer quote twice for anyone who wants to read it).

So yes, he didn't say a Satanic rite. Just a sexual, sacrificial rite celebrate on Halloween. Non-satanic, I suppose. Great.
 
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Hello Solnishko, and welcome from me as well. :)

1. The motive: Prosecution made this out as a "sex game gone wrong." So why is it that it's only Guede's DNA on the victim's body. Not a trace of DNA from Knox was found on the victim's body. Or in the victim's bedroom. The only trace of DNA, which was a small trace, was Sollecito's on the victim's bra clasp. No DNA on her body, no other DNA in the bedroom. That's a crummy sex game, if two parties aren't even in the same room with the others.

Well that is no longer certain. I have just learned that Sollecito's forensic expert, Pascali I think, claims that knox's dna was also on the victim's bra. I have not yet found the source but it is discussed on PKM. I am not so good at navigating that site as Stilicho is, so it will take me some time to track it down if I succeed at all. And as it is 3 am it is not likely to be tonight.

2. The murder weapon: So, they find a knife with minute traces of the victim's alleged DNA and Knox's DNA. The victim's DNA was so fragmented and minute that they can't even repeat the test. Really? That's evidence?

They can't repeat the test because the sample was very small. That is not in dispute. The fact of the dna was attested by Dr Stefanoni and it was confirmed by a forensic expert acting for the victim's family. So far as I am aware the defence did not argue that: Sollecito said the dna came from the victim when she was cooking with them at his home. There is no evidence at all she ever visited his home. Sollecito had only known Knox for a few weeks (and he says he only became close to her on 24th September - though he might have changed that again). The girls were not close and did not socialise together: nor do any of Kerchner's friends remember any mention of a visit to his home.

And the double knife theory doesn't mean that there has to be more than one assailant. The really simple explanation for that is... the killer put one knife down and produced another one. Which would explain the bloody outline of... a knife.

Well perhaps: but the knife is not the only factor: there are 47 separate wounds and they are scattered all over her body in such a way as to convince the various judges and the two prosecutors that there was more than one assailant. There are defence wounds which show she fought hard. If the killer put his knife down to get another from somewhere it is hard to see why or how while his victim was fighting: and harder yet to see why he would if she was already passed out and not resting.


3. The bathroom evidence: Knox's DNA is going to be in her bathroom. She showers there. She brushes her teeth there. She pees there. Because it's her bathroom. Her DNA is all over the place. When the victim's blood was introduced there... I can't see how Knox's DNA wouldn't mix with it... because it's the bathroom that she used regularly for what... two months.

Again, perhaps. The forensic scientists do not agree with you, but that is the question and I am not competent to judge. Nonetheless you still have to account for the fact that the victim's blood is there: that there is a footprint which appears to match Sollecito's. That this footprint is clearly visible, as is a long streak of blood and other smaller blood spots on the toilet and the bidet and the tap and the light switch. Yet this woman, who returned to her home to find the door open but no one home, proceeds to have a shower. I find that rather odd. Maybe it is just me.

4. The confessions: Let's not forget that Knox and Sollecito are admitted drug users. I know a few of those and they say some insane things when they're either high or going through withdrawals.

It is not admitted that they did hard drugs: it is admitted that they smoked cannabis. There has been some evidence that Sollecito may have taken LSD as a younger man: but at no point has it been suggested that Knox took hard drugs. Withdrawal is not a possibility.

The crime happened on November 1st: Sollecito was asked to attend the police station as a witness on November 5th and Knox voluntarily accompanied him. She did not wish to leave and therefore they interviewed her too. They were not addicts and they knew they were going to be interviewed: if they were high they were behaving very strangely indeed: and despite all that has been said about inappropriate behaviour this has never been suggested: not by them and not by the police.


after being interrogated for an extended length of time, without food or sleep.

They were not interrogated for an extended length of time without food or sleep. Sollecito never claimed that, and Knox admitted that she lied about it. At the outset they were witnesses and they were free to leave at any time. I do not know what time the interview began: but the couple went to the police station about 10 pm ( I don't know why it was so late but I think they do that sort of thing in Spain as well). Knox's interview was terminated at 1.45 am when she accused Lumumba and placed herself at the scene. The police testified to this and so did Knox. She was again questioned about 4 hours later, according to her statement. She agrees that she was offered food and drink and the opportunity to go the bathroom throughout. She admits she lied about physical abuse and threats. I do not know if she was left alone to sleep between times: but this is nothing like the picture you have painted.

When the second session opened she was a suspect. Since the written statement she made about Lumumba at that stage was admitted in evidence in his case against her on the grounds that there was "no possibility of coercion" then, I am taking it that she had the lawyer and the interpreter she was entitled to since that is the only way that can be true. And indeed interpeters testified at the trial.


I'm sorry, but that's not credible in the least. Having been in the military and trained extensively on enemy interrogation and psychological torture, eventually a prisoner will say anything to appease their captors. They'll tell them anything that they think will get the suffering to stop. Anything that will get them fed. Anything that will get them a few hours of sleep. Combine that with the drugs and... not shocking that neither of them could get their stories straight.

If this was anything like you describe you would be perfectly correct. But what you have presented is fantasy.

5. Contaminated evidence: DNA mixes easily. You take two shirts with DNA on them, rumple them together and there will be two sets of DNA on both shirts. So, why was there 5 sets of DNA on Meredeth Kercher's bra clasp (hers, Sollecito's and three unidentified?) Why weren't those three people identified?

See above: I would be really grateful if you would cite for that because I have read so much by now I cannot easily find even that which I have already read.

There's just too many holes in the prosecutions story for it to really add up to a conviction for all three. I can see Guede's conviction. Pretty cut and dried. However, it appears that the prosecution formulated a story, in the early days of the case and built the evidence around it, rather than collecting the evidence and using that to determine what happened. Rather than admit that their satanic sex sacrifice theory was wrong (like anyone had any doubt that it was...) they continued to roll with it and put Knox and Sollecito in the appropriate roles, despite the lack of physical evidence.

This annoys me to no end, because... this is what the woo contingent of the world does. They formulate an idea and they work backwards to prove it, rather than looking at the world and the evidence in it, to determine what's true and what's not. I guess this just proves that the woo extends far and wide.

I disagree for many reasons and I urge you to read in PMK as Stilicho suggests
 
I think I already mentioned, I think the abscence of the word "Satanic" is splitting hairs. He called it a Halloween ritual killing. None of what you wrote above makes that concept even remotely reasonable.



I don't agree, sorry. That he proposed the whole thing was a ritual killing meant for Halloween (or later, on All Saints Day), is pretty lurid and absurd. He made quite a few leaps of logic to get there. Had he said the motive was sexual, that by itself would make some sense. Saying it was a ritual killing because someone liked comic books is, frankly, stupid. (Mignini that is, not you).

He never said it was a ritual killing either. There is a big difference between considering the possibility of themed sex where at least one person already has a demonstrable interest in that theme: and proposing some satanic/or ritual killing. Mignini does not say that the killing was planned: not in his letters or accounts and not in court. But as I said: you pays your money

I would consider myself neither. And you consider the UK media as supporters of Amanda Knox?

Never said you were: but then you did not raise it.

A question about the uk media is too wide: the media outlets here vary. For what it is worth I think the bbc is a credible source and they tend to report both sides quite evenly: as we see with your link and mine.

TJMK are very critical of one particular reporter, Peter Popham, writing in the independent: and they do seem to have a point in portraying him as partisan. It is odd because he is their rome correspondent but I get the impression he does not really like Italy or Italians. He has a column called Rome notebook you might want to take a look at: it may be that everything he reports is true: but he does not exactly accentuate the positive

Volatile mentioned the guardian coverage which you also cite and which I will come to. The guardian is generally a good source, IMO

Nick Pisa seems to do have done a respectable job so far as I can tell: a great surprise to me because he works for the daily mail :)

The tabloid press don't care, but they do like a frenzy about pretty girls and murder most foul: if you hand them kinky sex and satanic abuse as well, they will bite your hand off.

When they run out of that kind of copy they will turn on the other side and demonise that. Consistency is not really on the agenda for them: sensation is
Perhaps you do not have papers like that where you are: but these are not newspapers in any meaningful sense of the word and it is unwise to rely on them for facts.


Yes, Mignini sued (and tried to get shut down) an overseas newspaper because it quoted someone who said something bad about him. Now Amanda Knox's parents are under investigation for "defamation" for an interview they gave in 2008 18 months ago in the United States -- charges conveniently announced 5 days before the end of their daughter's trial.

Did he try to get it shut down? Ambitious :). And a little optimistic, in my opinion. Otherwise I don't get your point really

Is this supposed to discredit Preston or... what? So not only did he research the story as a journalist and author, he had personal run-ins with the guy. I get that Preston has a bias, but are you suggesting that he is making things up?

Yes I think he may be. His account is very clearly at odds with that of Mignini. Again, you pays your money

If he is, he has incredible luck. He writes a book in which he makes up a story about Mignini being prone to going for absurd conspiracy theories, and then Mignini obliges him by presenting a bizarre theory very similar to that mentioned in the book.

Except it isn't

Do you know that these stories were written without "fact checking"? Did you fact check Mignini's statements? It seems you're suggesting that several sources, including the BBC, the Independent, Preston and his writing partner, are all either lying, making things up or completely mistaken. The BBC article, for example, is from 2004 -- before Preston's book or the Knox trial.

I think the BBC is reporting the news in both articles.


This is one of Popham's pieces about the case: it is certainly biased against the Italian justice system: and he has a responsibility to recognise that his british audience will mostly not know enough to be able to judge. I think the piece is terrible, actually. For example

In the absence of other suspects, prosecutors accused them of murder with an African friend. Unfortunately for the prosecutors, Patrick Lumumba had never even set foot in Mez's flat and eventually they had to let him go.

No mention that Lumumbu was arrested because Knox accused him.No mention of the conflicting and ever changing stories; the lack of alibi; the forensic evidence and on and on. If he does check his facts it is hard to see him as competent to do so: and if he doesn't, well let me say that he seems to me to have an agenda.
http://www.independent.co.uk/opinio...chance-to-redeem--italian-justice-974428.html

I think Preston may be a liar, or he may be someone who does not like to be crossed, or he may be a good journalist with hard facts and insight to share. That may also be true of Mignini, though. As I said, it is a judgement call. You have the same information that I have

It's no more shameful than the character assassination against Amanda Knox. I'm not particularly convinced she's innocent -- in fact, I lean more toward her being guilty. But the numerous leaks -- including parts of the diary she wrote in prison -- with a non-sequestered jury... it stinks. It would stink if it happened here and it does there.

There are number of things here:

1. The police are said to have leaked evidence. That is certainly not good and it is not defensible, if true. To that extent we are agreed. It would have been nice to see some idea of what exactly the police had leaked, but I see no mention of that there. The examples he gives are nothing to do with police leaks at all, nor does he say they are: they are examples of an intrusive and salacious press.

It would also have been nice to get some indication that the journalist knew something about Italian law. In this country we have a sub judice provision ( I have the impression it is not as strong as it used to be judging from some of the stuff I see in the papers but that is by the by) and I think that is very valuable indeed: it seems they do not have such a rule in Italy and there is an interesting exchange here:

http://www.thedailybeast.com/blogs-and-stories/2009-09-19/zero-hour-for-amanda-knox/

The most important parts are in the comment from the poster called Mick-Mack. It sheds a great deal of light on the differences in the Italian system.

2. You mention character assassination of Knox: I see that the piece says

Most of the information about Knox's life was culled by reporters who found material posted by her on Myspace and in Youtube videos,

I also see that it says:

one recent leak was outrageous - the release of the video of Kercher's dead body. An Italian TV station showed grotesquely poor taste in broadcasting it. Both Sky News and The Guardian reported two weeks ago that images of Kercher's corpse had "shocked and distressed" her parents.

It is perfectly true that is outrageous that that was leaked. We do not know who leaked it but we do know that members of Sollecito's family have been charged with that. I hope we get full information from that trial: but we do not have it yet.

It is obvious that there are some limits on what can be disclosed and how it can be disclosed in Italy. I have not fully understood what those limits are. There is a case against the Sollecito family but there is no case against a woman who wrote a book which contains extracts from Knox's prison diaries: nor against newspapers who did the same

On this basis it seems to me that the rules are very different indeed. Other posters have also mentioned the fact that the jury is not sequestered. I am not even sure what that means. But whatever it means it is not how the Italians do things and there is no legitimate reason to expect that they should follow your idea of a justice system. Nor is there any reason to presume that their outcomes are less just. But even if they were, the crime was committed in Italy and was dealt with under Italian law: and that is as it should be. I see you think it stinks and you might even be right: but your opinion counts for nothing and I am not presently convinced that the police "leaked" much. There is no indication in the article you cite that they did, beyond the bare assertion: and the complaints come from journalists who are not Italian.

3. The journalist here is significantly better than Popham because he does mention at least some of the evidence such as Knox's involvement in Lumumba's arrest: the changing stories etc. I also note that he only mentions Knox in connection with changing stories, though it applies equally to Guerde and to Sollecito: who is it that is assassinating Knox's character again?

The thrust of the article is to do with journalistic ethics and not to do with the law. The author "felt" that they could have spent more time discussing whether the police had much of a case: in the context of a complaint about them leaking evidence that just seems bizarre: on the one hand the journalists should have no idea at all if his general criticism is accepted: yet he wants them to make a judgement on the issue.

And I also note that there were thousands of pages of evidence held and reviewed by the judge: some members of the press (popham, for example) did not manage to include any of what was available. I do not see that this speaks to any problem with the Italian judicial system: it properly focusses on problems with the press, as a conference on Journalism ought to do.

And unless you're suggesting the Italian justice system is so great that prosecutors are always caught if they do something wrong, then the above is a red herring. I'm not suggesting that the prosecutors faked any evidence. The evidence itself has been questioned enough here, anyway. Prosecutors don't have to stage crimes or fake evidence to railroad people. Overzealous prosecutors can do a lot of things, and it may not even be on purpose: influence the jury through the media, "coach" witnesses a bit too much, ignore exculpatory evidence (which would be illegal), or simply interpret evidence incorrectly, or "fall in love" with their own theory and do everything they can to make evidence fit it. Innocent people have been found guilty "beyond a reasonable doubt" before without misconduct.

All of that is true: but I have already shown why the safeguards for the accused are more robust in Italy than they are in this country, and nothing you say here even acknowledges that. Prosecutors in Italy are not like prosecutors in your country: they have a lot less freedom.

And given that the lead prosecutor in this case is under indictment for abuse of power as well as everything else noted, well... (And yes, I am aware Mignini has responded to his indictment by...shockingly! saying that he didn't do anything wrong).

Nope. He said a great deal more than that.

No idea who leaked it. So some of Sollecito's family have been indicted. Amanda Knox's parents are being investigated. A Seattle newspaper is being sued. Has anyone been indicted for leaking things detrimental to Amanda Knox or Sollecito? Have they even been investigated?

See above.
 
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We'll have to agree to disagree with this. I'm not going to split hairs because Mignini referred to it as "a ‘rite’ celebrated on the occasion of the night of Hallowe’en. A sexual and sacrificial rite..."

(and I've posted the longer quote twice for anyone who wants to read it).

So yes, he didn't say a Satanic rite. Just a sexual, sacrificial rite celebrate on Halloween. Non-satanic, I suppose. Great.

It is not about splitting hairs: he did not say it in this trial.

If he said it as reported (and I doubt it) then he said it at Guerde's trial. The judge rejected it. The judge decided to proceed to trial of Knox and Sollecito on entirely other grounds. It has not been mentioned in this trial at all.

Guerde's trial was private: the judge, in his reasons for decision described some of the propositions put to him as "fantasy". And it has not been brought up in this trial at all. The reason it is out there is because the press refer to it: so if it is doing Knox and Sollecito any harm that is where the harm is coming from. I do not think it is doing any harm, as it happens, except insofar as the Italian press (and presumably people) are not very pleased at the villification of the judicial system and personnel
 
Fiona, IIRC "sequeastering" a jury means holding them away from media coverage of the case they are on (keeping them in a hotel when not in court etc.) Its not done much (if at all) in the uk as we instead restrict (domeastic) media coverage of current cases, that is not an option in the USA. I have no idea how Italy tackles thias problem if at all.
 
<snip>

It is perfectly true that is outrageous that that was leaked. We do not know who leaked it but we do know that members of Sollecito's family have been charged with that. I hope we get full information from that trial: but we do not have it yet.

It is obvious that there are some limits on what can be disclosed and how it can be disclosed in Italy. I have not fully understood what those limits are. There is a case against the Sollecito family but there is no case against a woman who wrote a book which contains extracts from Knox's prison diaries


It is interesting to compare this to practices in the U.S., since it is apparently the paragon which the Italian system is being criticized in comparison with.

Disclosure laws here vary widely from state to state, and the jurisdiction of the bench in regard to those laws varies as well.

Perhaps the most widely publicized case in the recent past is the Caylee Anthony murder. This happened in Florida, which has "Sunshine Laws" unequaled by any other state.

Anything which becomes a part of the public record, which includes anything at all disclosed to the defense through discovery is publicly accessible to anyone as a matter of statute. Exceptions to this are quite rigorously constrained, to the point that it required a specific, special decision by a Florida judge to prevent the state evidence photos of the six month old remains of the murdered child, both in situ and autopsy photos, from being made available to the public.

There are already many thousands of pages of discovery documents from that case which are public because they were released to the defense team, and they just keep coming. They started being released in August of last year, and the trial won't even start for months more at the soonest. There are dozens of photos of the accused mother, Casey Anthony, clubbing and partying during the month between when Caylee was last known to be seen and when she was first reported missing, all released per state law. All of her cell phone records, including cell tower mapping, forensic analysis of her computers, the contents of text messages she sent and received, video of her visitor meetings with her family in jail, jail video of her reaction when the remains of her child were discovered, transcripts and audio and video recordings of all of her interviews and interrogations as well as all of those of any witnesses, and on and on and on.

All released to the public ... as a matter of compliance with state law.

All picked up and spread around the world by every major network. On HLN the Grace creature's program reported on almost nothing else every weeknight in an hour long prime time show for nearly eight months. It virtually became the Casey Anthony Show.

This is an example of the standards of prudence and fairness that the Italian courts are being judged against. I don't think that Italy is faring too badly if viewed in that light.

<snip>

On this basis it seems to me that the rules are very different indeed. Other posters have also mentioned the fact that the jury is not sequestered. I am not even sure what that means.


In the most rigorous sense it means that the jury is held in isolation from contact with the public or the media for the duration of the trial. This rarely happens.

Usually the jury is instructed to not communicate with anyone about the trial proceedings, and refrain from following media coverage, and trusted to comply. As far as pre-trial bias, they are asked if they feel that they can render a fair verdict. It is not required that they be completely free of any knowledge about the case.


Again, this is the gold standard which the Italian court is apparently being lambasted for not matching.

But whatever it means it is not how the Italians do things and there is no legitimate reason to expect that they should follow your idea of a justice system. Nor is there any reason to presume that their outcomes are less just. But even if they were, the crime was committed in Italy and was dealt with under Italian law: and that is as it should be. I see you think it stinks and you might even be right: but your opinion counts for nothing and I am not presently convinced that the police "leaked" much. There is no indication in the article you cite that they did, beyond the bare assertion: and the complaints come from journalists who are not Italian.

<snip>

I am not impressed with allegations that the Italian system is somehow less fair and structurally flawed in comparison to ours. To the contrary, this case has enlightened me about some features that seem innately superior to ours.

For example, the requirement that the presiding judge issue a detailed analysis of the case within a specified period of time after its conclusion is a stellar one, which we could do well to emulate.
 
They were not interrogated for an extended length of time without food or sleep. Sollecito never claimed that, and Knox admitted that she lied about it.

Sorry, Fiona, but can you expand on this? When and where did Knox admit that she lied about the interrogation, and in what specific details did she lie?
 
I find this rather strange. A Libyan is apparently stitched up on dodgy evidence and sent to prison for murdering Americans. When freed on compassionate grounds there is an uproar. The facets surrounding the unsafe conviction are handwaved and threads looking at this are in the main ignored except by a few people.

An American is convicted for murdering a Brit, on much more solid evidence, and all hell breaks loose.

I think this belongs in the CT section people.
 
...to be fair isn't it always the way ?

Even when Brits admit to breaking the law in some foreign country we often seem to imply a degree of duress or unfairness or corruption, seek to have them repatriated and then ultimately release them well before their term is up
 
I heard that there was no physical evidence linking her. How can someone do this crime without leaving any physical evidence? Magic?

Something fishy is going on here. I don't know if it is anti-americanism or what.

Given the byzantine nature of the italian judicial system, anti-american would need evidence to support it rather than capricous.
 
Post 275:

Knox alleged that her statement that she was at the scene the night Kerchner was murdered was coerced. But she wrote a note in which she made the same statement later when there was no possibility of coercion and that note was deemed admissible for Lumumba's case because she had given it voluntarily.

The controlling effects of good coercion, like good torture, can last quite a while after it is applied.

Amanda Knox may also be a compulsive liar. Why believe anything she says?
 
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