Vixen
Penultimate Amazing
In the US, there have been many cases of wrongful conviction, and while not all have been corrected, as of May 15, 2016, there have been 1,783 exonerations of the wrongfully convicted since 1989. Source:
http://www.law.umich.edu/special/exoneration/Pages/about.aspx
It is indeed an interesting phenomenon that a few anonymous internet posters focus on one case of wrongful provisional conviction in Italy, which was corrected by the Italian Supreme Court of Cassation one year ago, by their acquittal of Amanda Knox and Raffaele Sollecito of the rape/murder of Meredith Kercher.
Only Knox's allegedly wrongful final conviction for calunnia against Patrick Lumumba remains legally standing, and that case awaits review by the European Court of Human Rights, which will, based on ECHR case-law, be certain to find that Knox's defense rights were violated in that conviction (IMO).
It is striking that a first-instance Italian court has recently provisionally acquitted Knox of the charges of calunnia against the police for claiming in her trials and appeals that Italian police had mistreated her during her November 5/6 interrogation to coerce her to make statements against Lumumba. That court found that Knox was not guilty - had not committed the crime of calunnia against the police - because her defense rights had been violated during the interrogation.
Many of the posts against Knox and/or Sollecito misrepresent the facts or assume that an accused must prove themselves innocent, rather than that the State must prove them guilty beyond a reasonable doubt under Italian law.
Thus, for example, the State must establish that DNA profile results were obtained accurately and were not the result of contamination; it is not the obligation of the accused to demonstrate that there was contamination. In fact, a careful reading of Stefanoni's results show that there was indeed contamination in her DNA lab results in this case; see:
http://www.amandaknoxcase.com/contamination-labwork-coverup/
The contamination would more likely affect the allegedly incriminating evidence against Knox and Sollecito rather than the evidence against Guede.
The amount of DNA allegedly on the blade of the knife taken from Sollecito's kitchen was actually "too low" to be detected by the Qubit fluorometer used by Stefanoni for quantification. Thus, any DNA attributed to the knife blade is likely to be merely contamination. It is up to the State to show that it somehow was not. And the State did not show that it wasn't contamination, or that validated procedures of DNA profile analysis were followed. The suppression of DNA electronic raw data by the State show that the State is hiding something - most likely widespread contamination in Stefanoni's DNA lab.
The DNA on the bra clasp included that from several males, several of whom remain unidentified. The clasp was shown in the police video tape to have been handled by the dirty gloves of the scientific police when recovered. This is contamination by definition.
So the posts continuing to claim that they are somehow guilty, contrary to the final and irreversible acquittal of Knox and Sollecito by the Italian Supreme Court of Cassation, and contrary to all the evidence and lack of evidence as understood from a scientific and reasoned viewpoint, are indeed one of the larger mysteries of this case.
In the USA it may well be so that there are many wrongful convictions, perhaps as many as 5%. In the USA there is greater motivation to campaign for Innocence as (1) unlike most Western civilised countries, the USA has life without parole (only recently rescinded for children); (2) it has the death penalty; (3) even then, to successfully appeal against Death Row, there is a 15-stage appeal process which takes years and includes confessing the crime and expressing remorse to the family (I agree with this; so many killers are defiant, adding insult to injury); and, finally, it is difficult to (4) get an appeal hearing at all.
None of this applies to the kids. They were tried in Italy, which bends over backwards for defendants. They automatically got two appeals. In Italy some 50% of convictions get overturned at Supreme Court. They do not get life without parole. There is no death penalty.
The reasons for the acquittal were cited by Bruno-Marasca as being 'a flawed investigation' and 'media interference' even though they present no evidence put forward there was any contamination and Italy has no sub judice laws against press reporting. The MR itself is deeply flawed. Bruno has been moved sideways to act as fifth chambers president, to take him off the judiciary and onto administrative work with a fancy title as recompensation. Marasca immediately retired.
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