Tag Archives: amanda knox

The New Amanda Knox Verdict is Ridiculous. WTF Italy?

The reinstatement of the guilty verdict in the trial for the murder of Meredith Kercher in Perugia came down several weeks ago. American Amanda Knox and her then-boyfriend Raffaele Sollecito were convicted, then acquitted, then retried and have now been re-convicted for the 2007 slaying of Kercher, who had been Knox’s roommate. Here’s what’s bizarre about the conviction: the court declined to believe the prosecutor’s argument that the murder occurred during a sex-game gone wrong. Instead, they came up with an entirely novel theory of the case, that Knox had killed Kercher over a dispute about the rent.

WTF, Italy?

The court, in its decision, rejected the the prosecutor’s theory of the case. But, they still found her guilty. To do so, they still relied upon the worst of the government’s evidence, the discredited DNA evidence, and MADE UP a new theory about what happened out of thin air. The capper is that the court found that Knox delivered the fatal blow with one knife, which does not match the imprints at the scene. He then finds that Sollecito also cut the victim with a different knife, which has never been found or put into evidence. The judge is literally making stuff up. He invented a two-knife theory to try to make his ruling fit the facts.

I have long attacked the sex-game theory wildly imaginative and wholly lacking in credibility. But that’s what they were trying to prove at trial. How can a reasonable court reject that and find her guilty on a theory that not only did they not try to prove, but one that also is lacking in ANY actual, physical evidence.

Knox has spoken since the ruling, and she’s exactly right on one point: it is really a simple case. Rudy Guede, a drifter from out of the country, raped and killed her. He had a separate trial, where he was convicted of raping and murdering her. He allegedly committed some other break-ins around that time, also armed with a knife. After the murder, he fled the country, and was later caught in Germany. His fingerprints, DNA, and other implicating evidence at the scene, let to his conviction. He blamed the murder on a shadowy Italian man, but his claim was rejected.

That should be the end of the case. But political issues, personalities, and media coverage have driven the prosecution of Knox and Sollecito. The original prosecutor on the case has a history of wild sexual allegations: he was later convicted of abuse of office, though that conviction was overturned. It’s like they let Nancy Grace be the prosecutor and the jury.

Ironically, I like that the Italian courts issue documentation of their reasoning for verdicts. Every lawyer who practices in this country has experienced verdicts, and even judicial rulings, that are incongruous and baffling. However, when the court issues its ruling, and the reasoning proves to be just as baffling, it makes you shake your head. The death of Meredith Kercher is a tragedy, one for which the killer has already been held responsible. The courts do not honor her memory by politically driven, poorly reasoned and specious prosecutions.

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Amanda Knox to Speak on Italian Ruling on CNN Tonight

Amanda Knox to Speak on Italian Ruling on CNN Tonight

This will reportedly be her only comment on the new ruling- set for 10 pm

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Knox Verdict Papers Released by Italian Courts

Knox Verdict Papers Released by Italian Courts

Just a short post for those very curious. I will try to do a full reaction post as soon as possible…

Judge in Amanda Knox Retrial Makes Potentially Inappropriate Statements

Amanda Knox

Amanda Knox

The judge that presided over the trial that reinstated the guilty verdict of American Student Amanda Knox and her former paramour, Rafaelle Sollectio, mades some public comments about the case. That’s apparently considered improper in an Italian court, as it is here, for a judge to comment on a case that is still going on. Reports indicate it is suspect for a judge to comment on a case while the appeals have yet to be exhausted. This judge did not even wait for the formal order, which won’t be released for a few weeks. Knox’s attorneys say that it indicates prejudice on behalf of the judge, and will try to use it in their favor as they continue to challenge the conviction. After the judgment, appeal will follow, apparently this time to the Italian supreme court, but that appeal won’t be decided until next year (making the extradition talk a little premature.)

I will try to be sure to include on all my Knox related posts that Rudy Guede, the actual killer, has been caught, convicted and is serving time for murder Meredith Kercher.

Amanda Knox Guilty in Retrial in Italian Murder Case

Amanda Knox

Amanda Knox

Amanda Knox and her former paramour Rafalle Sollecito were found guilty by the Italian appellate court hearing the retrial of their murder charges. The court essentially reinstated the guilty verdict from the first trial, which had be thrown out on appeal, then sent back for this retrial on second tire review. This verdict will also be appealed. Knox remains out of custody in the United States. If a final judgment is entered, Italy may seek her extradition back to serve the 28 year sentence. Such a judgment is months if not years away, pending the new appellate process. Knox has indicated she will not return voluntarily if ordered back into custody.

Extradition will not be automatic. Italy and other countries often refuse extradition to the United States for murder cases, due to the death penalty here. That won’t be an issue for extradition from the United States, but there are several challenges. The U.S. courts could have a due process concern, as the Italy appellate process resembles a retrial, which generally wouldn’t be permitted under our double jeopardy provision. Such concerns will only come up if the verdict is upheld.

Arguments in the Amanda Knox Case Concluded this Week

Amanda Knox

Amanda Knox

Final arguments were Monday in the Italian re-re-trial of Amanda Knox and Raffaele Sollecito for the murder of Meredith Kercher. They were initially convicted of having a role in the murder, then acquitted on the appeal, which  was basically a retrial. As the case has worn on, more doubt has been cast on the evidence relied upon for the conviction, and the original prosecutor has been found guilty of abuse of office for another situation. Another man, Rudy Guede, has been convicted of the murders in a separate trial, and sentenced to prison. Prosecutors allege that Knox and her then-boyfriend assisted, possibly as part of a sex game. A decision on the retrial is not expected for a week or more.

Amanda Knox Gives Statement Protesting Her Innocence

Amanda Knox

Amanda Knox

The retrial of Amanda Knox and Raffaele Sollecito for the murder of Meredith Kercher in Perugia continues. While Knox has not returned to Italy for the retrial, their procedure allows for her to enter a statement through her lawyer. Her attorney read the statement into the record last week, denying that she had anything to do with Kercher’s killing. The trial will continue into early next year. Rudy Guede has separately been tried and convicted of the murder, but prosecutors theorize that Knox and Sollecito were involved. They were tried and convicted, but those convictions overturned, then a retrial ordered, which has been going on for several months. Recent evidentiary developments suggest that DNA does not implicate them in killing.

Amanda Knox’s Ex-Boyfriend, Raffaelle Sollecito, Speaks

Amanda Knox

Amanda Knox

Raffaelle Sollecito, the former boyfriend of Amanda Knox, who was also charged with the murder of Meredith Kircher, made a spontaneous declaration in court this week of his innocence. He and Knox are currently being retried in the case, after their convictions were thrown out on appeal. Italian law allows for such declarations, without making the defendants subject to cross-examination. One of the key issues is that the knife investigators believe to be the murder weapon was retested for DNA, and revealed no DNA for Ms. Kircher. It did reveal DNA for Amanda Knox, which was not a surprise since she had used it to prepare food. The government has no concrete evidence tying Knox or Sollecito to the crime, just the statement of Knox, which is demonstrably inaccurate. A man named Rudy Guede was convicted separately for his role in the killing, and he is serving a prison sentence. The retrial will continue, probably for several weeks.

Knife DNA in Amanda Knox Case Negative

Amanda Knox

Amanda Knox

Actually, the final DNA sample from the knife, found in Rafaelle Sollecito’s apartment was matched to Amanda Knox, which is not surprising since it was in her boyfriend’s house where she often stayed. That’s important because it was negative for the DNA of victim Meredith Kercher, further evidence that it was not the murder weapon authorities have tried to prove it was, to link Knox and Sollecito to the murder. The murder which we know was perpetrated by Rudy Guede, whose DNA also has not been found on the knife. The evidence in the case has been disputed or found unreliable, and the prosecution theory appears more and more to be mere conjecture… contrary to much of the evidence. The retrial continues in Italy.

Amanda Knox’s Retrial Began Today

Amanda Knox

Amanda Knox

The retrial of Amanda Knox and her former boyfriend Raffaelle Sollecito began today in Italy. Knox was convicted of her roommate’s murder, but that conviction was overturned. The courts then ordered a new trial for she and Sollecito, for which they are not required to attend in person. Another man, Rudy Guede has also been convicted for the murder, and his conviction upheld.