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Continuation Part 3 - Discussion of the Amanda Knox case

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I was wondering about the rules regarding free speech in US. Given the current verdict, are people still free to call her "murderer", "student killer" etc. or shall they expect a lawsuit?


ETA: Also, is there a chance of stopping the distribution of the lifetime movie? If no, is she entitled to any earnings for using her name :)?

I understand the Lifetime movie has been re-edited with "a new prologue and epilogue" -- which I assume are just text crawls, since the "revised" version of the movie is supposed to air tonight. Either that, or the producers had various extra scenes shot in advance, in line with the Nick Pisa school of filmmaking. :D
 
I was wondering about the rules regarding free speech in US. Given the current verdict, are people still free to call her "murderer", "student killer" etc. or shall they expect a lawsuit?


ETA: Also, is there a chance of stopping the distribution of the lifetime movie? If no, is she entitled to any earnings for using her name :)?

It is very hard in the US to sue for slander or libel particularly when it involves a public figure. I doubt that she is entitled to anything for using her name as it was and is so much in the public sphere.

If people used the term convicted killer, they could argue that she was in fact convicted of murder or had been.

Beyond proving all the elements of the libel/slander then one must prove damages.

As has been pointed out here before, she could have an easier time in Italy or the UK.
 
I understand the Lifetime movie has been re-edited with "a new prologue and epilogue" -- which I assume are just text crawls, since the "revised" version of the movie is supposed to air tonight. Either that, or the producers had various extra scenes shot in advance, in line with the Nick Pisa school of filmmaking. :D

An interesting incite as to how the get it on the web first works.
 
There are other factors.

Mignini's own appeal is due very soon. I expect him to be removed. I think an investigation of his office is also likely to take place. The real prosecutor what's his name is not going to be that happy with further appealing this trainwreck of a case. The only possible appeal would be the for the calunia conviction.

Further reasons to assign it to new prosecutors.

I think that the basic case will be surely appealed.
 
So much for the "private jet" nonsense. It was the lie circulating all over the Italian media and repeated shamelessly by the prosecution in court.

I'm glad the judges didn't bow to this unprecedented, relentless PR campaign.

Methinks the prosecution's own PR supertanker turned out to be the Titanic.
 
Methinks the prosecution's own PR supertanker turned out to be the Titanic.
Good analogy. And they themselves must have felt they were sinking, when Judge Hellman, addressing the prosecution's request for life sentences for the defendants, said firmly that he could not comply with the request of the parties, because the crimes had not been committed. Finis.
 
I for one would like to hear from Giancarlo Massei.

In hindsight, it seems Matteini and SupremeCourt reasons were based on crap, literally, it was specualtion, no science yet known....they still thought the tennis shoe prints were Raffaeles. So these verdicts are meaningless.


imo, the Massei trial was a verdict based off Stefanoni lying about the lab work. I dont think he really bought Curatolo as a strong witness.

So Massei's verdict means nothing when a verdict comes from false evidence does it? Stefoni blatantly lied about the luminol, lied about the Knife DNA, lied about clasp. She was also suspicious of her controls and was "not forthcoming" even then.

Stefoni did admit there was no blood on the knife, but then gave the impression it had been cleaned by Raf and Amanda. As you know all this, I'm just agreeing with you.

I often wondered what the first trial judges would have decided if they had the C&V report? If they had known the luminol was tested for blood and negative, if they had known that Stefoni had cherry picked peaks on the clasp, that the RFU on the Knife was so low it was garbage, and and it wasn't cleaned per the starch residue.

I doubt the SC appeal will be easy for Mig's, he has no motive, no witnesses, a weak ToD, and the Knife is gone for good.

12RFu peaks? gimme a break... Starch?
 
<snip>So they don't have to wait for the Motivations, it is time to build a new case without preconception and this could be best done with new people.

Any prosecutor of sane mind would avoid taking on the prosecution's case with a barge pole.
 
Amanda+Knox+Amanda+Knox+Raffaele+Sollecito+5nLc65JlJbbl.jpg
 
Veni, Vidi, Vici.

Yummi/Machiavelli:

A crowd of a thousand or more people has gathered in the corso before the tribunal in Perugia, shouting "murderers" to and "shame". I have never seen anything resembling this scene except for the mobs in Milan shouting "thieves" at the trials involving Berlusconi. The city is furious for the acquittal. I am furious too, but at least I feel relieved seeing there are thousands of people even more outraged than me and I feel as they redeem a little the Italians for the shame of this acquittal by those whimpy (but I think worse) judges. What a shame is this verdict for the nation. What an incredible shame. And this verdict is a licence to kill. Back to the old ages of mafia ruling. If one has a Sollecito style family he will be authorized to gang rape and kill you without fear, knowing that even if with a ton of evidence against them they will be free.
_____________

Hmmm. Looks like our American man-hungry criminal mastermind has thrown the Italian Republic back to dog-eat-dog barbarism! Americans now don't need no nuclear weapons. Let's clone Amanda and send the clones to our enemies,... as exchange students. Or would that be genocide???

///
 
Nogbad,

The Kercher family believes that there were multiple attackers. I was persuaded by a number of things, not the least of which was Ron Hendry's analysis, that there was just one. Their confusion is coming through to me more palpably than it did before. I believe that the family of any murder victim is likely to have an especially hard time being objective about the facts of their case. Judging by the comments here, I am not the only one who is thinking along these lines.


It also appears that the Kercher family have either been misled by their own lawyer about the ramifications of the Supreme Court's Guede ruling, or that they don't understand the issue.

I will try, yet again, to outline this issue as simply as possible. The first trial and appeal trial in Guede's case both concluded that Guede was guilty of the murder, but they both then added that in those courts' opinions there was evidence to suggest that Guede was only one of a group of people responsible for the murder. The Supreme Court affirmed the verdicts of the lower courts. It did not reach its own findings of fact, whether those findings were related to the guilt of Guede or the presence of other killers.

But a fundamental cornerstone of modern jurisprudence is that findings of fact in one person's trial can have no read-across bearing on another person's trial. And in addition to this fundamental doctrine, there's actually another extremely strong reason why this particular finding of fact in Guede's trial is of little or no real substance. I shall endeavour to explain:

Firstly, it's arguable that the courts in Guede's trial had no business in law in finding that the murder was a group act: the role of the courts was purely to evaluate Guede's guilt. But regardless of that, here's the important thing: nobody from any side in Guede's trial had any desire to refute the suggestion that the murder was a group act. Prosecutors already believed that this was what happened, and they were preparing to prosecute Knox and Sollecito accordingly. Guede's defence team certainly didn't want to argue that there were not others present: indeed, the core of Guede's defence was that two other people committed the murder while he was sitting on the toilet.

So the evidence pertaining to the presence of others was never even properly tested in Guede's trials, since it was actually in the interests of every party in those trials to establish evidence of the presence of others! The prosecutors wanted this fact to be established, the defence wanted this to be established, and the court obliged. In fact, the "evidence" pointing to multiple assailants is almost all the product of misinterpretation or outright mendacity.

The truth is that all the evidence is perfectly consistent with one man - Rudy Guede - acting alone. I suspect that this is what Hellmann's motivation document will say, since he has already stated that Knox and Sollecito did not commit the murder, and that the "staging" never even happened.
 
I saw it.
What did I miss?

My guess is, as is so frequently the case, the true pertinence of any point whatsoever.

The girl was clearly overwhelmed by pure emotion upon her release. This was not Casey Anthony's inscrutable visage, which seemed to conceal a vacuum inside. Amanda Knox broke down like a child who could not believe that her nightmare was finally over. For her own safety, she could not even receive a hug from her mother.

The truth is that the guilter mentality is equipped neither for a proper "gut" or instinctual understanding, nor, certainly, rationality. The rabbit hole analogy is best. *Everything* -- every intellectual skill set, it seems -- is upside down. One can only assume that, with a nod to Darwin, the possessors of such mentality are methodically being weeded from the species in real time.

This will be my last post on this forum. Best of luck to all.

God Bless Amanda. God Bless Raffaele. And God Bless Meredith Kercher's eternal soul. Rest in peace, Meredith. True justice was finally served.
 
What next?

The verdict will be appealed clearly.In about mid February.

The prosecution seems to concentrate on questioning the C&V report.
They may even be successful with that.
They are waiting for the Motivations to dissect it.
They may even be successful with that, too.


I think, however, that they seriously have to think over their case.
They have to understand, that even though they won the first trial, Massei had a very difficult job and the same arguments may not be enough at the Cassazione.

Lyle Kercher said that it's back to square one.
But not only for them, square one for the prosecutors, too.

So they don't have to wait for the Motivations, it is time to build a new case without preconception and this could be best done with new people.


Why will the verdict be appealed "clearly"? And upon what grounds? (I'm making the perhaps-optimistic presumption here that you understand what kind of things constitute grounds for appeal to the Supreme Court...).

ETA: Actually, reading your post again, I don't think you actually do understand the required grounds for appeal to the Supreme Court, do you?
 
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