Yes.
Me too. So would a judge using this sort of thing at trial. "That she harmed him" is admission of some sort of guilt.
So in other words in your view she put her own neck in the noose by proffering that apology? I wonder if that's why he kept demanding (another) one publicly? It certainly didn't appear to mean anything to him the way he refused it. If she had not made that statement do you therefore think it would be more difficult to convict her? Why do you suppose her lawyers let her make it then?
The accused is not a trier of fact. The accused is a giver of evidence, and it is up to the trier of fact to determine what she "meant" to to.
Again, the accuser is not the trier of fact. I suggest to you that this is also a tacit admission that she corroborated something, rather than initiated something, meaning the suspicion that Lumumba needed rounding up.
Yes, but the 'trier of fact' has to
prove that she both knew he was innocent (or probably so) and she meant to falsely accuse him. Relying on the fact she feels bad for what happened because of what the police did to him because of her confused statement doesn't necessarily prove either one of those things.
Yes, it meets the requirement, and no, "feeling bad" doesn't figure into conviction, it figures into sentencing. There. Now I'm up to an even 1,000,000.
I understand, as I recall your argument is more technical in nature? In other words the letter of the law was breached and must be respected but not necessarily by three years in prison?
I would be if when free and clear of the coersion I asked for a pen and paper.... I think we're approaching the 1,000,000th time I've made this point.
However does a statement that she
might remember, but can't recall for sure due to confusion, prove that she deliberately accused an innocent man for nefarious purposes in the first place become more valid because she adds more about the confusion part? Amanda said she was trying to clear up that she wasn't sure about any of what she signed, that was the purpose of the first note, the second one the next day totally withdrew it.
The
memoriale of the Seventh says she thought Patrick was the murderer when she signed the original statements, however there isn't a clear unambiguous accusation of murder in either one, in fact in the second it notes she didn't (supposedly) witness the actual murder. The first note merely adds definition to what she meant by confused.
As you've allowed, it wasn't her who initiated this sequence of events, and it was
that which actually 'harmed' Patrick, her signing of two statements and writing two notes didn't do a damn thing to Patrick and wouldn't have if the cops hadn't taken action on them, which as you've also allowed they probably would have anyway. Amanda didn't mean to harm Patrick and
she didn't at all, despite the fact she feels badly about what happened as a result of her statements.
Here's the thing: what is the difference between what she signed and wrote and someone who is
unsure of what they witnessed--and makes that
clear in the witness statement itself? She 'confusedly' remembers Patrick is the murderer in the first one, followed up shortly thereafter by another one that says she didn't even witness the murder and includes more odes to confusion.
Should mistaken witness accounts made in good faith and qualified that they are not definite assertions be punishable by years in prison? I don't think it's a good idea for the Italian Republic to make clear that any violation of their laws regarding the protection of witness and suspect rights can be avoided by the police simply blaming any mistake made by them on the person they took into the back room in the middle of the night and turned off the cameras and got two signatures on statements that look like they come from someone who'd been slapped around.
This shows the awareness and admission I'd expect of a decent person, who nonetheless did the deed. I'm a "If you do the crime you do the time" sort of guy. Whether I actually like Amanda Knox as a person is completely beside the point.
Here's the thing though: did she do the crime or does she feel badly that the result of her being used in the back room by police for their own purposes caused another to get harmed as a result? Incidentally do you think they could obtain a legitimate conviction without using her spontaneous statement?
Here's another thing. The Italian Court System doesn't work on precedent, instead the purpose of the Court of Cassation is to ensure rulings by lower courts are in compliance with Italian law, it is the 'final interpreter.' Therefore just because Massei ruled that the statements were admissible for the
calunnia trial doesn't mean the Supreme Court, which disallowed both for the murder charge, (as evidence against Amanda) will even be permitted as evidence in the
calunnia trial, Massei just made a very strange decision on that issue. It may very well be that there should have been no
calunnia trial at all, as would be the case due to the 'evidence' being obtained in a matter not in compliance with Italian law, as already ruled by the Supreme Court.
If I understand properly you think she should face conviction on this charge, but not punishment outside being considered a felon for life with all the consequences of that, as an incentive for people not to sign things for the police no matter what violations of their right occurred, that's an entirely different issue in your mind?
I think this is a recipe for police abuse of staggering proportions as it provides an incentive for police to use any means possible to get what they want, secure in the knowledge that as long as they blame the results of any mistakes on the people whose rights they've abused they will not be prosecuted, and if anyone objects all they have to do is destroy the evidence (or ensure it never exists) and when they complain prosecute them for that. That is the situation as it stands in Italy, it would be nice if there was any reason to think the police might be held to account for their violations, but as long as Amanda is convicted on the
calunnia charge there's no reason to think they will be, as the fault lies solely with Amanda and their 'punishment' of not being able to use the evidence they obtained in violation of her rights bypassed.
That is what the police have done here in this case, the interrogation that was deemed not in compliance with Italian law produced three trials against Amanda and her family for objecting to her treatment despite the fact the statements were deemed inadmissible due to her rights not being respected. I find it even more sickening that they could convince her that it was her fault for what they did to Patrick, despite the evidence suggesting she didn't want them to do any of that.
Incidentally, Bill, I just like to post on this subject, the stimulation causes me to think things through, don't take it personally. I find the present situation in Italy frightening if they can convict Amanda of
calunnia and thus totally escape consequences for their actions despite the fact they lied through their teeth about all of it and might have taken away Amanda and Raffaele's effective lives as result, by simply prosecuting their mistake which started with what they did to obtain those statements. It is all well and good to say that they should be punished regardless, but as long as Amanda is convicted that simply isn't going to occur and might well not even if she is acquitted. It could very well be that you will be deemed correct and her spontaneous statement at the outset of the appeal will be the 'evidence' that she is guilty of this offense, but I find the big picture implications of her conviction on this charge appalling for the various reasons I laid out.