Monday, October 14, 2013

DNA Tests: Umbria24 Reporter Francesca Marruco Provides A Balanced Overview Of Possible Prospects

Posted by ziaK





It may be that today or any day this week a definitive analysis of the seeming mixed DNA sample appears from an authoritative source.

Perugia-based Francesca Marruco did a lot of careful balanced reporting from Perugia early in the case. She has excellent official sources. She suggests in this report that the world might have to wait for the last day in October (deadline for the labs to report their analysis) or 6 November (next scheduled court session) for the official bottom line.

This is my translation. I am Italy-based also.

Kercher trial: unconfirmed reports on Amanda’s DNA: The experts will lodge their report [their truth] on the 30th [October]

By Francesca Marruco

The “I” trace identified on the blade of the knife could have come from the American woman, however the data could lend itself to contrary interpretations. The sentence could arrive before 30 November.

In order to obtain the definitive results of the analyses that the carabinieri of the RIS in Rome are carrying out on the “I” trace identified on the blade of the knife which is considered to be the weapon with which Meredith Kercher was murdered, we will have to wait until 30 October - the day on which the experts appointed by the Assise Appeal Court of Florence will lodge their conclusions. Already on Friday, the day on which the analyses were begun in the experts’ laboratories, uncomfirmed reports began to be leaked concerning the origins of that tiny quantity of DNA.

These leaks would like to ascribe it [the DNA] to Amanda Knox, the American student who was initially convicted and subsequently acquitted for the homicide of her flatmate, Meredith. But there is, as yet, neither certainty nor officiality, and - as this long case has taught us - even in the presence of officiality, opposing interpretations may be formed. If, in fact, as is being rumoured, those tiny biological particles did actually belong to Amanda Knox, this information could be interpreted in many ways.

Opposing interpretations - The defence would hasten to say that since Amanda had spent time in Raffaele Sollecito’s house - where the knife was discovered - there would be nothing strange if her DNA were to be on the blade. Just as - and this, at least, has been clearly seen - Amanda’s DNA was found on the handle of the weapon. Its presence could be explained by any banal procedure in the kitchen.

And indeed, Knox’s own defence has always maintained that the highly-contested trace “H” - the other trace identified on the blade, and which according to some is Meredith’s DNA - is nothing more than potato starch.  Thus, Amanda would seemingly have left her trace on the knife while peeling potatoes.

Traces - It is very clear, however, that the Prosecution could claim that precisely that presence of Amanda’s DNA on the blade of the knife could be proof that Knox touched it. To peel potatoes, or to kill her flatmate Meredith, as the Prosecution holds? If it is confirmed, one can bet that the data [found by the RIS] will give rise to an “earthquake” and it will fall to the judges of the Florentine court to clear up the resuting debris.

On the other hand, they might decide not to consider it [the data] any more than the other elements [of evidence], since it effectively lends itself to a multiplicity of [possible] interpretations which cannot be confirmed at this point in time. Certainly, if that trace were that of the victim, Meredith Kercher, the proceedings might take a different direction, since there would then be two [traces] at that point, and not just one trace of the victim’s DNA which would have ended up on the blade of a knife which she never touched during her lifetime.

The certainties, or rather, the conclusions, of the experts will be lodged on 30 October. It is the 6th of November, however, which has been appointed for the hearing during which these results will be discussed before the Court and the parties.

Towards the verdict - Raffaele Sollecito may also be present in court on that date, as he announced via his lawyers, Giulia Bongiorno and Luca Maori. Sollecito intends to make various spontaneous declarations in order to affirm once again his non-involvement in the barbarious murder of Meredith Kercher, for which only Rudy Hermann Guede is currently in jail, with a sentence of 16 years in prison which has been confirmed[by the Supreme Court]. 

After the hearing in which the results of the tests entrusted to the Rome RIS will be discussed, it is very probable that the trial will travel rapidly towards sentencing - the fifth sentence pronounced by an Italian court with regard to Raffaele Sollecito and Amanda Knox. The Court President [leading judge], Alessandro Nencini, said during the first hearing that “this is a trial for matters of undeniable seriousness. Over and above the media circus, is Court’s desire to give all parties the most space possible for discussion, because there was a very significant sentence/conviction originally.”

By November -  For this reason, “in order to obtain every possible factor for the matter we are trying here, the Court orders that the trace should be examined by the staff of the RIS in Rome”. The Florence Court’s sentence could thus arrive by the end of November, or at the latest by the end of the year. It is very unlikely that Amanda Knox will decide to be present at any of the hearings, and probably she will await the verdict in Seattle.

Perhaps the final word shall never be pronounced on the most Press-covered trial in Italian legal history. After this latest sentence, in fact, nothing prevents anyone from making further appeals to the Supreme Court.


Posted by ziaK on 10/14/13 at 07:02 PM in Evidence & WitnessesDNA and luminolAppeals 2009-2015Florence 2014+


Comments

Thank you very much ziaK.

“After this latest sentence, in fact, nothing prevents anyone from making further appeals to the Supreme Court”.

Hopefully we can assume Francesca means it to be understood that all such appeals could only be lodged once the deadly duo are back behind bars?

Otherwise the defendants’lawyers surely only have to keep on making appeals, no matter how spurious, to keep their clients free forever to cycle around Seattle/play in the surf at a mafia hide-out?

This would be something of a godsend for the pair and the media (the story that keeps on giving) but not so great for justice.

Posted by Odysseus on 10/14/13 at 08:50 PM | #

Hi Odysseus

ZiaK and I discussed whether to run Francesca’s article because it doesnt quite explain how explosive a mixed trace from AK and Meredith could be.

Its that possibility that Andrea Vogt and later several other late news reports focused us on last Friday. But otherwise, the reporting here is good, and typically low-key in the Italian style (except for Oggi!)

Judge Nencini can arrive at a legal verdict from the multitude of other evidence and he has already said that. We gather that by default, arrest warrants would be issued upon a new guilty verdict.

Given the facts of the two misleading books and the continuing misleading appearances on TV where Knox is again and again rejecting her own guilty verdict for framing Patrick and refusing to pay him my guess is arrest warrants would indeed be issued.

Would Knox really appeal to the Supreme Court while simultaneously being in serious contempt of that same court for not paying Patrick? Doesn’t exactly look like a winning position to me.

And in all the calunnia trials scheduled or expected the Republic of Italy can call witnesses under oath which would really tighten the screws on them.

Posted by Peter Quennell on 10/14/13 at 09:12 PM | #

Thanks Pete. Pleased to hear it.

Posted by Odysseus on 10/14/13 at 09:39 PM | #


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