By Darren Smith, Weekend Contributor
In what hopefully will become the conclusion of an oppressive years long ordeal, Italy’s highest court, the Court of Cassation, overturned the murder convictions against Amanda Knox and Raffaele Sollecito.
The news came as somewhat a surprise considering the zeal at which the prosecution fought to ensure the defendants be imprisoned for over two decades. The subsequent court drama and media circuses made it seem an almost foregone conclusion her fate would ultimately rest upon an extradition hearing within the purview of American courts.
We discussed in length the various issues in the murder of Meredith Kercher in Perugia, Italy. (HERE HERE HERE HERE HERE and HERE)
Ahead of the Friday Verdict, Knox’s lawyers said there were errors of “colossal proportions” in the guilty verdicts which were ruled for the second time last January.
After the verdict Knox spoke to reporters outside the Seattle home of her mother, Edda Mellas. She was accompanied by her mother and her fiancé, Colin Sutherland.
She stated “Right now I’m still absorbing what all this means and what comes to mind is my gratitude for the life that’s been given to me,” stating further that she was thankful “for the justice I’ve received and for the support I’ve had from everyone -from my family, from my friends, to strangers … I’m so grateful to have my life back.”
Responding to a question about what she would like to say to the Kercher Family, she stated “Meredith was my friend. She deserved so much in this life. I’m the lucky one.”
Co-defendant Rudy Guede’s conviction remains and he continues his incarceration.
Of course, the Italian legal system rescued itself from a potentially embarrassing situation if it ruled against Knox and had a U.S. District Court refuse extradition, declaring that Italy made Colossal Constitutional Errors and violated the civil rights of Amanda Knox.
By Darren Smith
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“Two Good Young People” who were practically making out at the Italian Police Station? Amanda told several stories to the Italian Police.
The name of Foxy Knoxy’s Murdered Roomate seems to have been forgotten in all this fuss about Amanda and her Italian Lover. Italian Justice has no feeling for double jeopardy, and actually reduced the prison sentence of the convicted murderer of Amanda’s roomate.
These are some notes from the Judge Mike Heavey’s presentation:
Four psychological drivers of wrongful convictions:
1) Pressure
2) Confirmation Bias (becomes subconscious)
3) Protecting One’s Reputation
4) Protecting the System
Once we latch on to a bias, no amount of fact or evidence will change our subconscious belief.
The local police, the local prosecution, Perugia, Italy, some of the world latched on to a bias.
Five tools of wrongful convictions:
1) Inflammatory media
2) Coercive interrogation
3) Unreliable witnesses
4) Junk forensic science
5) Official misconduct
a. Police – leaked false information
i. Attacked Amanda’s character to the press
ii. She became the most hated person in Italy based upon lies
b. Amanda – coerced into signing a statement
i. Her coerced statement accused an innocent man
c. Key scientific witness – lied about the DNA quantity present in a test
d. Police destroyed 5 computer hard-drives containing evidence
e. Refused key testing of semen
i. The victim was found naked on the floor
ii. Semen stain was on pillow case beneath the victim
iii. The police did not test the semen stain for DNA
iv. First trial, attorneys asked judge to get semen stain tested
1. The prosecution vehemently opposed that motion
2. The judge agreed to not test the semen stain for DNA
December 5, 2009: Verdict = guilty of murder/rape, Amanda and Raffaele given long sentence terms
Public outcry in US: Donald Trump (R), Maria Cantwell (D), CNN, ABC, NYT, CSM, Economist cried fowl
All of them stated no credible evidence against the accused pair after reviewing the so-called evidence.
US media was overwhelmed by the injustice towards Amanda and Raffaele in this case.
11 members of Italian parliament sent a letter of protest about what was happening in Parugia.
CBS hired renowned private investigator Paul Ciolino to go to Perugia and investigate the care:
“This is the railroad job from hell.”
Just before the appeal trial, a miracle happens: authorities in Rome remove the lead judge.
Lead judge was replaced with a northern Italian judge: Judge Claudio Hellman.
Judge Hellman – stellar reputation in Italy; known for courage, intelligence, integrity
Judge Hellman, an assistant judge and six others looked at the case intensively for 10 months.
October 3, 2011: End of 2nd trial: Acquitted Amanda and Raffaele
They noted in their written opinion: “substantive nonexistence of evidence”
Last sentence of decision: “Our system will not tolerate the wrongful conviction of the innocent”
Three verdict options in Italy (US only has options 1 and 2):
1) Guilty
2) Not Guilty: “Insufficient evidence”
3) Innocent: “Did not commit the crime” (the 3rd option is rarely used)
Judge Hellman read the verdict: INNOCENT, “Did not commit the crime”
Judge Hellman’s verdict was a rebuke to the entire prosecution. This was called the Trial of the Century in Italy. A verdict to the Italian people said to the entire world that this four year Italian opera was a farce and fiction. The criminals are those that perpetuated a false accusation against two good young people. The police and prosecutors lied and cheated and stole the innocence of two good young people. They are the criminals.
March 26, 2013: Overturn Acquittal – In an effort to save face, the Italian Supreme Court joined the prosecution and police in Perugia (who perpetuated false accusations) and, in so doing, the Italian Supreme Court became criminals themselves by continuing the abuse of two good young people.
March 27, 2015: Exoneration declared after only 10 hours of deliberation by the Supreme Court. The 8-year-long nightmare for two young people is over.
No PR, don’t worry. 🙂
Oh, please don’t start a tit-for-tat! 🙁