AMANDA KNOX LIKE TORTORA, BUT THIS TIME NO ONE IS OUTRAGED
Adv. Maria Pia Rizzo *
With the filing of the reasons which the Court of Cassation, 28 March 2015, has finally acquitted Amanda Knox and Raffaele Sollecito murder of Meredith Kercher, it closes one of the worst pages of court record in recent years. The story has had a media outcry of international dimensions, seeing involved not only the Italian public opinion, but also English, home of the poor victim, and the American, homeland of Knox.
In the background, the city of Perugia, a university center for students of all geographical origin, immediately singled out as an ideal place for feasts and orgies, with all those guys from different countries, some merged in Perugia to study, but also to have fun, in a promiscuity that has long tickled the bellies of the conformists. This is the context. There is, therefore, surprising that the tabloids will have embroidered the plots more grim; moreover, the protagonists were ideal for this kind of operation: on the one hand, the young victim, roommate and friend insignificant, innocent and defenseless of a virago which the beautiful Amanda Knox, the angelic features and morality chat, that in the run did you photographed kissing with her boyfriend at the time, Raffaele Sollecito, a boy from a good family too angelic-looking and, certainly, from the perverse personality.
But if the press can go wild in the most vulgar gossip, It does sell millions of copies in every country of the world, the judiciary can not and must not be carried away by theorems accusers, only because the protagonists of the story have characteristics that tickle the imagination investigators. Amanda is unpleasant. Too beautiful, too free and uninhibited, weigh too intelligent not to have taken part, I wonder why, murder; and Raphael, the angelic blond, is described as a participant in the orgy that would lead to the death of her friend.
I do not understand why this case is causing a wave of popular disdain, as it was for Tortora. Even here we are in the presence not only of a gross miscarriage of justice, but a real action persecution that came to build the evidence table. Tests that were missing or had even been suppressed for the ineptitude of some investigators.
These are the words of the Supreme Court. The trial for the murder of Meredith has had "a process objectively wavering, whose oscillations are, however, also the result of sensational defaillance or 'amnesia' investigative and guilty omission of investigations. As still claims the Supreme Court, was the very unusual media hype and the international repercussions of the affair to harm the search for truth, causing a sudden acceleration of the investigation in the frantic search for the culprits to be delivered to international public opinion. In a state of law, this is the assertion less reassuring that we can read: investigators chased the culprits, have "created monsters", despite the crime scene the only ones, many traces were attributable solely to Rudy Guede, the young Ivorian definitely convicted to 16 years for the murder of British student. The rest was blown away from the examination hearing, until you can tell the supreme court that there was never any evidence of the presence of Amanda and Raffaele to the crime scene.
Basically, the whole course of the investigation would have been spoiled by a carelessness dictated by the desire not to look for the guilty, but to identify precisely the two young people, a priori and apodictically considered as such from the outset, the authors of the crime, in a 'operation that should be banned from the proper use of the tools instructors: you identify the culprit and then looking for evidence.
It is obvious that should be the reverse: they are the evidence leading to the guilty, not guilty to the tests. This is part of a subculture that is not starting from a given reality, but from a theorem which unravels a mass investigation time only to its demonstration, without any assessment of alternative hypotheses, and, as in the present case, not even look for a verification of evidence theorem culprits.
But public opinion, so that pulsated in order to have the monsters beaten with their young lives on the front page, it now seems to have no jolt, even of human compassion for these two guys from the shattered lives. The case is not of interest to anyone. A short article in the crime.
Once again, neither the media nor the people fail to consider how what happened to Amanda and Raffaele can happen to anyone of us, our children, and that this acquittal, after 7 years after the case is even more shocking the fact that the media has filled the newspapers for years.
Why should an innocent man in prison do immensely more noise than an unsolved murder; because an innocent man in prison, when, as the spread Court of legitimacy, the evidence against him have been made without any respect for the legal science and truth, just to please the international media hype, is comparable to the same victim of ' murder. And this, in a state of law, should be unbearable for the conscience of all.
* Counsel at the Supreme Court and on the Superior Courts
(15 September 2015)