I thought that's what you said. That seems convoluted, but logical. Someone over on PMF was implying, I thought, that if the Supreme Court found fault with the Hellman judgement, that this would automatically and irrevocably reinstate the Massei verdict. Which is nuts.
Rolfe.
I hadn't (and haven't) read the post you are referring to here, but if they were implying what you say, then they are incorrect. Once Knox and Sollecito are acquitted, there are actually a large number of distinct steps that would need to happen in order for them to end up being convicted, and the process could break down in their favour at any one of those steps. Here's what would have to happen:
1) The prosecution would have to decide whether there are even credible grounds for an appeal to the Supreme Court (a Supreme Court appeal is not automatic in the case of acquittal at appeal court level - it's entirely in the hands of the prosecutors).
2) In making this decision about whether to appeal, prosecutors will have to be able to identify specific potential misapplications of law or procedure. Prosecutors cannot just say "We appeal" without giving specific grounds. And if they don't have proper grounds for even making an appeal, I suspect that this will have negative raminfications for them (vexatious appeals etc).
3) If prosecutors decide in the cold light of day that there are actually no valid grounds for appeal, then they will announce that they do not intend to appeal the verdict. At that point, the whole thing will finally be over for Knox and Sollecito.
4) If prosecutors do indeed apply to the Supreme Court, the appeal will be heard in camera. The Supreme Court judges will assess the appeal points raised by the prosecutors, and will decide whether the appeal has merit.
4) If the Supreme Court judges judge that the appeal has no merit, they will announce this, dismiss the appeal, and confirm the verdict of the appeal court (i.e. acquittal). And that will be that for Knox and Sollecito. There is no right of appeal against the verdict of the Supreme Court.
5) However, if the Supreme Court decide that the appeal has merit, they will then have to decide whether any judicial/legal errors were sufficiently significant as to have potentially influenced the verdict.
6) If the Supreme Court judges decide that even though there were some errors, they were not sufficiently significant as to have potentially affected the verdict, they will announce that they are satisfied with the verdict of the Hellmann court (while highlighting the errors). And they will confirm the acquittals, and it will be all over for Knox/Sollecito.
7) If, however, the Supreme Court find that there were errors, and that these errors potentially affected the verdict, then they will announce that the Hellmann Appeal trial was improperly conducted.
8) In the case of (7) above, the Supreme Court will refer the case back to the appeal court level, so that a second appeal trial can be conducted. In effect, the Supreme Court will nullify the verdict of the Hellmann Court. It cannot and will not overturn that verdict.
9) And in the case of (7) and (8), Knox and Sollecito will have to go through the entire appeal trial process once again. And all the same rules listed above will apply to the verdict of that second appeal trial.
Incidentally, on my drive back from Brighton to London late this afternoon, my satnav directed me round Croydon due to traffic build-up. I glanced across as I completed my detour back towards my expected route, and realised that I was driving right past the gates of Croydon Cemetery, which is where Meredith is buried. I very briefly thought of turning in and trying to find her grave, but it is an absolutely huge cemetery, and in any case I was beyond the gates in heavy traffic before I'd even weighed things up properly. But of course I thought of her, and of her poor family. And I thought of the way in which the Perugia police and prosecutors have made the Kerchers' grief far worse and longer-lasting than it might have been.
