Monday, March 25, 2013

Supreme Court Appeals: A Good Briefing On Tomorow’s Court Proceedings By Italy-Based Andrea Vogt

Posted by Peter Quennell



[Image above: Supreme Court in the foreground and St Peters & Vatican in the background]


Andrea Vogt often tweets very usefully on the case. Her tweet feed is here.

Today’s tweet pointed to this overview here.  It is very worth your reading the whole piece.

This is news about three of the judges of Cassation’s elite First Section on Criminal Cases which hasnt yet appeared in the Italian or, UK or US media.

I’ve chosen to not name the magistrates involved in the case until the hearing opens Monday, but for those following closely, here is some brief background on the key judges whose roles are more prominent, based on information I have gleaned from Ministry of Justice documents and “bolletino ufficiale” or public bulletins required to publicly announce personnel changes and events in the judiciary.

The presiding judge is a 72-year old magistrate originally from Naples. Over the years he has dealt with some of Italy’s most high profile crime cases, including the Sarah Scazzi case, as well as the Cassation’s 16-year prison sentence confirmation to Anna Maria Franzoni in the “delitto di Cogne,” the first high-profile case to divide Italy among innocentisti and colpevolisti lines. According to Ministry of Justice documents, the relatrice in the Amanda Knox case is 57-year old female magistrate from Turin.

The procurator general is the figure who has a prosecutor-like function and who presents the case to the panel and suggests what decision should be taken. In this case, the PG is married with two children, has been a judge since 1979 and worked for over two decades in Naples, including several years at the court of appeals there. He is known for his hard line against the clans of the Camorra.

Dr. Giovanni Galati, the Perugia procurator-general leading the recourse of the appeal’s court acquittal ruling is also no stranger to high-profile cases, having worked in the 1980s on the case of Roberto Calvi, the Italian banker murdered and found hanging from Blackfriars Bridge in London in June, 1982

And this further explains the Cassation decision last week which will probably see the hapless Mario Spezi back in prison. We have several more of our own posts pending on this very complex affair.

There was a major development in that case earlier this week, when a separate section of the Cassation court ruled that the decades- old Narducci case, which Mignini had been ridiculed for pursuing, be sensationally re-opened.

The ruling gives new credence to Mignini’s much-maligned theory that there had been a body swap and cover up in the death of the Perugia doctor found in Lake Trasimeno and alleged to be involved in the Monster of Florence case.

Mario Spezi is among those whose acquittals were overturned this week and who has been called by the high court to stand trial.  Spezi’s alleged crime is calunnia, for suggesting Antonio Vinci was the real killer (his book marries this theory and it is the charge over which he was originally taken into custody in 2006).  It appears there are still a few chapters to be written.

Spezi has one definitive defamation conviction from the 1980s, and in the last two years, courts in Perugia and Florence handed down other convictions. He also faces trials in Padua, Milan and Perugia: all related to allegedly false or defamatory declarations in the Monster of Florence case.


Posted by Peter Quennell on 03/25/13 at 12:25 AM in Appeals 2009-2015Cassation 2013Italian system


Comments

Andrea Vogt is thorough and writes in an efficient style. It’s a pleasure to see the vast sweep of this case encapsulated by her talented touch, plus new info on the judges. May God defend the right.

Happy Palm Sunday.

Posted by Hopeful on 03/25/13 at 03:00 AM | #

Hello,

Thank You Peter, for this update and Andrea Vogt’s update as well.

One thing that gives me hope that Hellmann will be thrown out is that the Court of Cassation has already ruled that Guede did NOT act alone. 

I am going to “guess” that since Cassation ruled that Guede did not act alone and there were “others,” I just don’t see how Cassation cannot uphold its previous decision in this case.

We will never know the “truth” as to how Knox, Sollecito and Guede hooked-up that night because all 3 are liars.

The evidence clearly points to Knox and Sollecito, as well as Guede, and they should be held responsible for their actions just as Guede is having to serve his sentence.

Please forgive me if I said anything inaccurately regarding the Italian Judicial System—I am still learning from reading here how it works, which I think is fascinating!

My thoughts and prayers are with the Kerchers, and everyone else here in their continuing efforts to seek True Justice for Meredith Kercher !

Posted by MissMarple on 03/25/13 at 03:50 AM | #

Perhaps a certain nervousness as we wait today.  Any indication of the timing?

Posted by James Higham on 03/25/13 at 11:52 AM | #

Sorry - I didn’t read it properly:

“Court of Cassation will be in session at 10 a.m. Monday, with the Amanda Knox and Raffaele Sollecito case expected to come before judges in late morning, and a ruling not expected until late evening.”

Posted by James Higham on 03/25/13 at 11:56 AM | #


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Or to next entry After Bizarre Hellmann Outcome Hard Questions That Meredith’s Family Now Face

Or to previous entry In An ABC Report Did Curt Knox & Edda Mellas Just Smear The Prosecution Appeal As “Harassment”?