Tuesday, March 26, 2013

Tuesday: Elite First Criminal Section Of Italian Supreme Court Annuls The 2011 Appeal Verdict

Posted by Our Main Posters



[Above: Some of the judges of the First Criminal Section hearing another recent case, with other sections behind]


Report one

@andreavogt Breaking: high court has anulled acquittals and a retrial has been ordered in #amandaknox case.

Report two

From the New York Times report  Italy’s highest court on Tuesday overturned a previous acquittal and ordered a new trial in the sensational case of Amanda Knox, an American exchange student accused of murdering her roommate, Meredith Kercher of Britain, in 2007.

The ruling offered a further dramatic turn in a long-running case that has fascinated many people in the United states, Britain and the rest of Europe. But the full implications of the ruling were unclear, particularly the question of whether Ms. Knox would return voluntarily from the United States or be extradited to face new hearings.

Report three

Andrea Vogt in the Seattle PI. In a stunning turn around of one of Europe’s most closely watched murder trials, Italy’s Court of Cassation on Tuesday annulled the acquittals of Amanda Knox and Raffaele Sollecito and ordered two to stand trial again on appeal.

The decision came after nearly six hours of debate, not just on points of law, but on the evidence too.

This was a rare mix of exceptional violations of law and monumentally illogical reasoning, said Procurator General Luigi Riello in his scathing description of the appeals court’s 2011 decision to acquit. I believe all the elements are there to make sure the final curtain does not drop on this shocking crime, he said.

[Read more, especially on the remarks of AG Riello]

Report four

Further Tweets from Andrea Vogt who was in the courtroom:

Any outcome at appeal retrial in Florence would have to be upheld at Cassation [Rome] level.

No extradition unless formal request is made after a definitive conviction (appeal conviction upheld by high court).

Report five

Translated from La Stampa

The news is breaking news on all major U.S. television, including from CNN. The announcement of the Supreme Court arrives at Seattle on the U.S. west coast a little past two in the morning, and in New York at four. “I am not unsatisfied,” said the Attorney General of the Supreme Court Luigi Riello. The lawyer Francesco Maresca, the Kercher family lawyer, welcomed the judgment of annulment by the Supreme Court with a gesture of a fist in victory “It ‘a moral victory and good appeal trial outcome ,” said Maresca. “I had confidence in the Supreme Court” Maresca-explains why there were so many weaknesses of the judgment of the Court of Assizes of Appeal of Perugia.” In tears the victim’s sister, Stephanie said to him. “I’m happy ...,”

 

Posted by Our Main Posters on 03/26/13 at 12:28 PM in Appeals 2009-2015Hellmann critiquesCassation 2013

Comments

Reports in the UK media:

http://www.bbc.co.uk/news/world-europe-21936308

http://www.guardian.co.uk/world/2013/mar/26/amanda-knox-retrial-meredith-kercher-murder

Posted by ncountryside on 03/26/13 at 12:43 PM | #

The SC also confirmed the “calunnia” conviction so, as far as I know, Miss Knox from today is definitively convicted in Italy.

We have 90 days to wait for the court’s report.

http://www.ilsole24ore.com/art/notizie/2013-03-26/processo-meredith-tutto-rifare-100748.shtml?uuid=AbE8lehH

Posted by ncountryside on 03/26/13 at 12:52 PM | #

I wrote last evening: 

“The Italian justice system has been vilified by many Americans and some over here but it does seem fair overall and I’ll say that even if she’s released in half an hour. It’s drawn out but it does allow of many twists and turns along the way. If the 1st Appeal is overturned, then it’s back to another trial and that I wouldn’t wish on anyone.”

Watch the angst from the media in particular but the Kerchers themselves must be feeling a bit more hopeful now that the real truth will come out and that’s a good thing.

Posted by James Higham on 03/26/13 at 12:53 PM | #

Such wonderful news for Meredith’s family.  Such wonderful news!

Posted by thundering on 03/26/13 at 12:54 PM | #

“Such wonderful news for Meredith’s family.  Such wonderful news! “

Exactly what I was thinking!

Posted by Urbanist on 03/26/13 at 01:04 PM | #

The second comment above from ncountryside (who posts from Italy) in effect says that Amanda Knox will be labeled a felon for life for framing Patrick.

That will affect all her jobs and all her foreign travel - there are many countries she will not be able to enter.

Her book deal is legally unwise and likely to tank, so the costs to the Knoxes and Mellases and Sollecitos will be horrific, with no obvious source of new income.

Hard to feel any sympathy for them though after the vicious to-the-throat campaigns they chose to run - their repeated sliming of the Kerchers and many of us only made us more determined.

Posted by Peter Quennell on 03/26/13 at 01:21 PM | #

Thank you, Peter. Here is lawyer Ghirga’s first interview aired by RaiNews24:  http://www.youtube.com/watch?v=yDUKlMj2R-k

Posted by ncountryside on 03/26/13 at 01:26 PM | #

And lawyer Maresca:
http://www.youtube.com/watch?v=PumktpgNfH8&feature=youtu.be

Posted by ncountryside on 03/26/13 at 01:45 PM | #

This is indeed great news. I am so relieved and feel a lot more trusting towards the Italian judicial system. Also, i feel pure disgust for the so-called supporters who peddled lies at every opportunity, maligned the Kerchers, personally attacked everyone who was doubtful and in general, tried to mess up the case. I bet the knox-sollecito camp would be wishing right now that they had never associated themselves with those characters. If not for their malicious campaign, this case might have reached its logical conclusion long back and everyone would have been a lot happier (even the accused i am sure)

Posted by Sara on 03/26/13 at 01:50 PM | #

I hope someone will be kind enough to post a brief translation of the interviews for those of us who don’t understand Italian.

Posted by Sara on 03/26/13 at 01:51 PM | #

Let us hope justice now prevails [again! - as it did prior to that cranky appeal].

Posted by nopassingby on 03/26/13 at 01:53 PM | #

I would just like to agree with all that are saying:

“Such wonderful news for Meredith’s family.  Such wonderful news!

I couldn’agree more!!!

Posted by Miriam on 03/26/13 at 01:54 PM | #

Thanks ncountryside and Pete that was the way I was reading it on the “calunnia” verdict. Thanks for the confirmation.

Posted by Miriam on 03/26/13 at 01:57 PM | #

This is a very heartening outcome indeed. Keep up the good work at TJMK.

Posted by Ann-Marie on 03/26/13 at 02:10 PM | #

Three cheers for Peter Quennell and for all the great posters on TJMK.

This is great news but beyond that, a tribute to Peter’s grasp of it all (& not to Peter’s alone—many here stood fast in their confidence.)

Thinking that Amada Knox & Sollecito standing trial yet again would be, among other things, simply too expensive & that, after all, the earlier appeals court had offered Cassation a way out, I could hardly believe it would happen.

The right thing has been done.  No question about that.  And I say heartily & sincerely, Thank God for it!

Posted by Ernest Werner on 03/26/13 at 02:15 PM | #

😊

Posted by Helder Licht on 03/26/13 at 02:17 PM | #

I’m amazed.  After all these years maybe the real truth of that night will finally be revealed. Good work on TJMK - the information posted here has been so thorough and detailed. 

This is going to be a huge sensation again here in the USA.

Posted by believing on 03/26/13 at 02:20 PM | #

Sara

On Ghirga:

…we “raised” after the first sentence [ehm, Girga said ‘fall’ then corrected himself] and we have the determination to rise again, after reading the reasons for judgment of course. We start from the first point is that the innocence of Amanda, who gives us strength and confidence…

On Maresca:

… I spoke with her sister Stephanie, who was pleased with this decision and very happy, I told her that we will make a new appeal … and we will continue …

Posted by ncountryside on 03/26/13 at 02:25 PM | #

I actually don’t think it will go to a full trial.  I think one or the other is going to confess what really happened, probably Sollecito.

Posted by believing on 03/26/13 at 02:33 PM | #

Good to see so many longtime friends here!! And it its still so early. It is still only 4:30 am in Seattle.

Posted by Peter Quennell on 03/26/13 at 02:34 PM | #

Excellent news, and a big thank you to all at TJMK and Perugia Murder File for so much hard work, clarity and patience.

Posted by flwriter on 03/26/13 at 02:37 PM | #

I wonder what is worse, sitting in prison serving one’s sentence with the hope of getting out one day… or sitting at home waiting…

Perhaps AK will never make it back to prison soon, if ever… but she will be a very troubled person for the rest of her life.

Posted by Terence on 03/26/13 at 02:37 PM | #

I am very, very happy! Finally…

Posted by Patou on 03/26/13 at 02:39 PM | #

Believing wrote: “I actually don’t think it will go to a full trial.  I think one or the other is going to confess what really happened, probably Sollecito.”

No, a full trial is not in the cards. See the post below this one for clarity. What will happen is more like a UK or US appeal than the “whole new trial” Hellmann and Zanetti illegally staged - and stretched out over a very long period (2-3 Saturdays a month).

Sollecito is the least likely to confess. He can’t. He just said the opposite at great length in his book, which is going to tie him up for years in suits. He is going to be a very quiet guy into the distant future.

Knox and Guede have both come much closer to telling all. Knox nearly did at least twice, once to the prosecutor and once to her parents.

Get Amanda Knox away from Curt Knox who has dirty laundry of his own to hide and I think she could pretty well admit what happened - while blaming Meredith for being perverse and struggling.

She should have taken Mignini’s olive branch in the early days - claim it really was a “sex game gone wrong” and asked for a manslaughter charge and a short-form trial.

Posted by Peter Quennell on 03/26/13 at 02:39 PM | #

I’m so overwhelmed I can’t type, what fantastic news!!

Posted by Spencer on 03/26/13 at 02:45 PM | #

This is GREAT NEWS !

I hope and pray that the Kercher Family will now get the answers they deserve and have waited for all these years !

Rest In Peace, Meredith !

Posted by MissMarple on 03/26/13 at 03:06 PM | #

The Guardian quotes an ugly, bitter little response from Amanda Knox - maybe she didnt write it, it reads like the stupidity of David Marriott who is a master at shooting her in the foot:

********

“It was painful to receive the news that the Italian supreme court decided to send my case back for revision when the prosecution’s theory of my involvement in Meredith’s murder has been repeatedly revealed to be completely unfounded and unfair,” Knox added.

“I believe that any questions as to my innocence must be examined by an objective investigation and a capable prosecution. The prosecution responsible for the many discrepancies in their work must be made to answer for them, for Raffaele’s sake, my sake, and most especially for the sake of Meredith’s family.

“Our hearts go out to them. No matter what happens, my family and I will face this continuing legal battle as we always have, confident in the truth and with our heads held high in the face of wrongful accusations and unreasonable adversity.”

Posted by Peter Quennell on 03/26/13 at 03:10 PM | #

From The New York Times:

Mr. Dalla Vedova, Ms. Knox’s lawyer, said his client was in Seattle and had stayed up waiting for the outcome until 2 a.m. local time. “She was sad. She believed the nightmare was over,” the lawyer said.

But a day of hearings on Monday about the case “went on for so long, it became clear that there was going to be further harassment against this young girl.”

“harassment” :-O  

“young girl” :-O

Posted by Helder Licht on 03/26/13 at 03:14 PM | #

“Further harassment??”

I take it they realise that the same Italian system allowed Knox to appeal her conviction for defamation. Thereby effectively causing Patrick “further harassment?”

Posted by Rocket Queen on 03/26/13 at 03:31 PM | #

Today the Italian Supreme Court has served justice to Meredith Kercher and her family.

In memory of Meredith Kercher, http://www.youtube.com/watch?v=d-Jyrdr7aF8

Posted by True North on 03/26/13 at 03:42 PM | #

Oh my gosh!!!!!!!!!OMG!!!!!!!!OMG!!!!!!!!! AMANDA KNOX ORDERED TO FACE RETRIAL, the Yahoo headlines first thing I saw this morning online, with an older photo of Knox weeping with twisted face surrounded by blue uniformed Italian police escort.

I could scarcely believe it, as “hope deferred maketh the heart sick” and the hope for Meredith’s justice had been delayed so long.

Last night I wrote 4 poems to Meredith. This morning I let the cat out, debated whether to drink my last bottled Coke in fridge before I learned the Supreme Court decision, but now I will guzzle it in gratitude for the new hope that murder doesn’t easily go unpunished. Then I’ll celebrate some more all day.

Hail to Cassation! Here’s to Italian justice for an honest and brave decision. Meredith, we love you.

Posted by Hopeful on 03/26/13 at 03:47 PM | #

The weight we all felt yesterday has now been placed directly back where it belongs… Yes Hopeful:  “Hail to Cassation!”  I can almost feel us all breathing normally again!!

Love and strength to the Kercher family!

Posted by zinnia on 03/26/13 at 05:11 PM | #

Thank you so much ncountryside, I appreciate the translation. And I am so very happy that Stephanie is happy. That alone makes this decision spectacular.

Amanda’s so-called response looks so fake. I wonder if she really is in control of anything that goes on anymore.

To call a proper legal procedure “harassment” shows that her troubles are only likely to get worse if she keeps associating with idiotic characters who keep putting their foot in their mouth.

If I were her, I would get rid of each and every one of them, and then sit and think about what’s best for me.

Posted by Sara on 03/26/13 at 05:26 PM | #

Let me add my voice to the chorus. The right thing has happened!

And thank so much to Peter and all who have contributed so much time, intelligence, and sheer tenacity!

I hope the Kerchers are breathing a little easier today.

Posted by carlos on 03/26/13 at 05:45 PM | #

The fight isn’t over, the Knoxi are out in full force smearing the Italian justice system as we speak.

No time to let your guard down and its time to get the truth out to as many people in the USA and abroad as possible so Amanda and her Vile family pay for their crimes over the last few years.

Posted by Severino518 on 03/26/13 at 06:16 PM | #

I just read that Ergon, a moderator from pmf.net, was actually in the court room for the event. I hope he will post in detail. It seems Frank was there as well.

I hope this doesn’t open things up for more vicious attacks on the Kercher family. I hope Campaign Amanda doesn’t go into desperation mode and try to pull down anything they can grab as they flail.

And I truly hope the U.S. Media doesn’t buy it all and further promote her martyr image to “a certain demographic.”

Good thoughts; take the high road; and I agree with Severino - keep up the vigilance.

Posted by carlos on 03/26/13 at 07:48 PM | #

Today my prayer was answered…at least the first part. Thanks to all for keeping me properly informed over all these years….the TRUTH will prevail!!

Posted by fotomat1 on 03/26/13 at 07:52 PM | #

So strange to feel so happy when the root of all of this is so damn upsetting. There is always a feeling of guilt when you feel such joy and it jars against the realisation of the loss that started the whole thing.

I am happy, so happy- I hope so badly (and probably naively) they will confess and apologise, but still Meredith is not here.

Posted by Ginny on 03/26/13 at 09:20 PM | #

The judges at the Italian Supreme Court were never going to confirm Hellmann’s insane verdict. It’s been a great day for justice.

Posted by The Machine on 03/26/13 at 09:50 PM | #

Hi James,

Barbie Nadeau wrote the following:

“Amanda Knox is no longer a free woman—at least not legally speaking. On Tuesday morning, Italy’s highest court threw out her October 2011 acquittal and effectively returned her to guilty status for the 2007 murder of her British roommate Meredith Kercher.”

http://www.thedailybeast.com/articles/2013/03/26/amanda-knox-s-acquittal-overturned-what-s-next.html

Posted by The Machine on 03/26/13 at 09:59 PM | #

I’m really happy for Meredith and her family, but I"m worried because I read that Amanda could not be extradited because, in this country, double jeopardy is against the law. Would someone please speak to that? It seems to me that she isn’t going to be retried for the same offense, but simply have her appeal nullified and then to have another appeal.  Would that be considered double jeopardy and could she escape extradition by any means?

Posted by NCKat on 03/26/13 at 10:23 PM | #

Hi NCKat,

Popper has just explained on PMF that double jeopardy doesn’t apply:

Ref a future extradition in case of request of arrest or final conviction ... double jeopardy does not apply as:

(a) double jeopardy is illegal also in Italy (a principle which existed hundreds of years before the discovery of America, “ne bis in idem” in Roman Law)

(b) in the US/Italy extradition treaty double jeopardy is when the person to be extradited [eg Knox] has been judged for the same crime in the USA (in the treaty “the requested party”, see below) which is not the case here, Knox was never under trial in the USA for this crime (the above assuming AK stays in the US, if she moves to other country the treaty with another country will apply)

(c) most importantly, the cancellation of the appeal trial is not double jeopardy in any way or form as someone is guilty or innocent only when Cassazione renders final the sentence, the 3 steps are part of the same proceeding.

AK was only provisionally convicted in first degree and then provisionally acquitted in appeal awaiting for Cassazione, no verdict was final. A proceeding is always first degree, appeal and Cassazione, no verdict is final until Cassazione rules (unless the parties never appeal in which case after a certain period of time the sentence is final). Appeals are granted automatically if there is a request by defence or prosecution. Therefore the new appeal is not a re-trial, just a new appeal. It is needed as appeal did not follow law according to Supreme Cassazione Court [we will soon find all the reasons but reading PG document we know the requests].

Cassazione sometimes cancels without new appeal and renders the initial sentence final but in criminal cases generally the court allows a new appeal to guarantee defendants.

State of the art will be the first trial. Note that the first trial was not cancelled, only the appeal. Theoretically also the first trial could be cancelled but was not. The appeal was considered Irregular - and therefore invalid - not the first trial. AK and RS were convicted for murder in the first trial and today, with the cancellation of the appeal, are again provisionally convicted for murder to 26 and 25 years in jail awaiting for appeal and then Cassazione. Only after a final Cassazione sentence - a final judgement of conviction or acquittal - “ne bis in idem” will kick in.

———————————————-article of Extradition treaty 1983
ARTICLE VI
Non Bis in Idem
Extradition shall not be granted when the person sought has been convicted, acquitted or
pardoned, or has served the sentence imposed, by the Requested Party for the same acts for
which extradition is requested.

Posted by The Machine on 03/26/13 at 10:27 PM | #

Machine, great stuff.  Andrea has just emailed that she has deleted the bit about innocent though convicted but won’t accept that they are still technically guilty. 

As far as I can see from what you just posted, they are provisionally guilty until a different verdict takes its place or Cassation signs off.

They are technically arrestable too as they went to prison whilst provisionally guilty after the first trial and essentially, nothing has altered.

Posted by James Higham on 03/26/13 at 10:57 PM | #

We say they only have been convicted in first instance, and they are currently under appeal.

They are not technically guilty, as for the Constitution. They are under trial (indicted, found guilty once, and undergoing an appeal).

Note that the US and Common Law systems do not have an equivalent of the Italian “appeal”; this appeal is not equivalent to a trial review, nor to a re-trial. It begins like an “appeal” and has some features of trial de novo (it is about the merit of fact findings), but it’s based on the first instance trial documentation, not on full fact findings and oral discussion. It may “open” and become a re-trial with witnesses and new evidence (as it happened with the Hellmann court), but most of the times it does not and only lasts one or two hearings.

Posted by Yummi on 03/26/13 at 11:43 PM | #

http://edition.cnn.com/2013/03/26/justice/knox-extradition/index.html?hpt=hp_c3

Media should read the following coming from above CNN story before doing additional reporting:

Harvard Law Professor Alan Dershowitz said that Italian prosecutors might very well extradite Knox. And, if retried, she “likely will be found guilty—because the evidence supporting a conviction is pretty strong.”
Knox, now 25, has established a fan base in the United States “because she has a beautiful face and an angelic appearance,” Dershowitz said. “But remember, she originally admitted she was at the scene of the crime and she tried to blame an innocent man—for which she was also convicted.”
After Knox and Sollecito were detained for questioning in the killing, she allegedly confessed to being at her home when Kercher was killed and implicated Patrick Lumumba, the owner of a bar where she worked.
Lumumba was detained, but was released after two weeks when his alibi was corroborated: he had spent the night of the murder talking to a customer in his pub in Perugia, police say. He went on to sue Knox for libel, winning 40,000 euros ($54,000) in damages.
Dershowitz said the case was not well tried the first time. “But at a second trial, there’s a very high likelihood that they may very well convict her.”
He predicted that Knox would resist any extradition attempt. But even if she were to succeed in that, “she remains a prisoner in the United States, because Interpol will put a warrant out for her and, if she travels anywhere outside the United States, she’ll be immediately arrested and turned over to Italy.”
If Knox were to lose an extradition fight and then wind up being convicted, she would go to jail, he said.
Amanda Knox: Fascination with ‘the evil female’
If he were advising Kercher’s parents, Dershowitz said, he would recommend that they file a civil suit to claim the money Knox has received as an advance for a book about the case that is scheduled for publication next month.
“They have a right to sue her on behalf of their dead daughter,” he said, noting that the standard required for conviction in civil cases is a preponderance of the evidence. “I think that would be easy to do.”
And the extradition treaty’s reference to double jeopardy may not be binding in some cases, he said. “In the United States, generally, when you appeal a conviction, you waive your double jeopardy rights, and we permit retrials of people who have had their convictions reversed, at least on procedural grounds,” he said.
And what about Casey’s prediction that Italian law enforcement would not seek extradition?
“I think he’s wrong,” Dershowitz said. “I think the Italian legal system will welcome a second trial. They’ll put new prosecutors on the case, good ones, and seek to vindicate themselves.”
“They will want to have a second opportunity to show that Italian justice can be pure.”
Dershowitz said purity has also eluded many members of the U.S. news media who have covered the case closely.
“One issue is why the American media portrayed her in such positive terms,” he said. “At best, she was a terrible person who tried to blame it on some innocent person and she was clearly a liar, and at worst she participated in a horrible murder, and the American media focused much more on Amanda Knox than on the victim of the case because Amanda Knox was prettier and an American and an American sweetheart.”
Had she been ugly, he argued, the case would have attracted little attention.

Posted by Media Watcher on 03/27/13 at 12:11 AM | #

Although AK will not have to be in Italy for the new appeal, what about Sollecito, as an Italian citizen?  Does he remain free until the new appeal /trial takes place in 2014?  What about Guede - any implications for his sentencing?  Finally, what do you think of AK’s plans (and her publishers) to go ahead with her book and TV interviews?  I’m sure she will do so, in order to drum up public support. The whole family will start the media circus today or tomorrow because American news stations will jump on this story and use it to their own advantage.  It will be interesting if her book contradicts what RS said in his book.  Most people in the USA are very ignorant of the details of the case. 

I heard Guede was also writing a book while in jail -!

Posted by believing on 03/27/13 at 12:13 AM | #

@believing

Amanda Knox book, interview go on as planned

http://news.yahoo.com/amanda-knox-book-interview-planned-194259000.html

Posted by Miriam on 03/27/13 at 12:46 AM | #

Knox was in no way prettier than Meredith, and definitely not anywhere near as smart and accomplished.

@Believing - since Guede’s trial was completely separate, I don’t think there are any legal implications for him. He probably welcomed this news too.  While he fully deserved his sentence, he most definitely doesn’t deserve to be the only one doing time for Meredith’s murder (in the sense that the others deserve to be in prison too, not that he deserves to be freed).

Posted by Vivianna on 03/27/13 at 01:17 AM | #

... in italian, now at 23.20 Bruno Vespa in “Porta a porta” Rai1

http://www.rai.tv/dl/RaiTV/dirette/PublishingBlock-64203784-70f7-4b53-9d21-b14693850195.html?channel=Rai Uno

Posted by ncountryside on 03/27/13 at 01:22 AM | #

http://www.cnn.com/2013/03/26/world/europe/italy-amanda-knox-case/index.html?hpt=hp_t2

Does anyone want to try to set these people straight who are commenting on CNN?  It’s difficult to know where to start.

Posted by believing on 03/27/13 at 02:48 AM | #

Hello,

I have a couple of questions that I hope someone may be able to answer, and if this is not the correct place, feel free to move.  Thank You.

Any word from Sollecito ?  In the U.S., all we are hearing about is Knox, so I was curious if Sollecito made any comment, or he decided to keep his pie hole shut.

Regarding Knox’s statement that was issued today, do you think Knox wrote that statement, or did her attorney write it ? 

Thank You!

Rest In Peace, Meredith !

MizzMarple

Posted by MissMarple on 03/27/13 at 05:22 AM | #

I think Knox’s statement was obviously written by the PR firm. Poor Raffy was left to only his girlfriend telling people he was sad.:(

Posted by Jeff Friend on 03/27/13 at 05:29 AM | #

I hope Amanda Knox and Raffaele Sollecito are haunted for years to come by the weight of the world’s suspicion, travel limitations, enormous legal fees, and whatever else they will have to deal with as their legal case proceeds!!!!

Of course, compared to Meredith and her family they are getting off so, so easy.

Posted by devorah on 03/27/13 at 07:28 AM | #

“At best, she was a terrible person who tried to blame it on some innocent person and she was clearly a liar, and at worst she participated in a horrible murder, and the American media focused much more on Amanda Knox than on the victim of the case because Amanda Knox was prettier and an American and an American sweetheart.” 

can’t disagree with Dershowitz. Good summation, Al.

Posted by mojo on 03/27/13 at 10:01 AM | #

personally, I think she’s already googled to find which countries do not have extradition with Italy and her bags will be packed and ready to go at the drop of a hat. My guess would be Brazil in the tradtion of Ronnie Biggs.

the Interpol warrant is an interesting piece of info and would need to be requested by the govt IIRC. given the speed of the system in Italy and other higher priorities, is this really a serious worry?

Posted by mojo on 03/27/13 at 10:08 AM | #

I read on yahoo judge Heavey is at it again advising Knox not to go back to Italy. A Superior Court judge advising someone suspected of murder to evade justice? Shocking!!!

Posted by tempusfugit on 03/27/13 at 02:18 PM | #

Great news and a big thank you to Pete & all the regulars who have kept up the fight for justice all these years regardless of the continued vile personnel attacks many have had to endure.

A special thank you to all involved in translations.

Justice for Meredith & her family is a step closer.

Jeff

Posted by Jeffski1 on 03/27/13 at 03:58 PM | #

Anderson Cooper was interviewing Attorney Ted Simon on TV last night. Simon was at pains to stress the 90 ninety days waiting period before the Supreme Court specifies what points they ruled on and what Amanda must face. He also tried to pooh-pooh the whole Supreme Court ruling as if it might not amount to anything. He said he had talked by phone to Chris and Curt and then later in the day to Amanda for quite a long time. Then he read her prepared statement which I call a total bluff, about holding her head high in adversity. He did say the Knox crowd was very very angry about having to re-start the fundraising.

On a happier note I did celebrate the ruling with a shopping trip to the mall, bought a bracelet, ate Gigi’s chocolate cupcakes with Darjeeling tea in honor of Meredith who loved chocolate, saw movie, “Identity Thief” with popcorn and coke at reduced price since it was “Stimulus Tuesday”, ha!ha! Also renewed my gym membership. I thought Meredith would be glad of that. She would have enjoyed Zumba classes. She liked to dance and do karate.

Posted by Hopeful on 03/27/13 at 04:16 PM | #

I can’t believe a U.S. Superior Court judge would say that without knowing all the facts and evidence.  Unbelievable. 

Hardly anyone in the U.S. understood the evidence correct due to the Italian language proceedings.  I hope this time they will provide constant translation of the proceedings into English by some reporters who are objective for once.  Having everything in Italian is a mistake.  They should also allow testing or viewing of the DNA testing by someone American to make sure it is seen to be objective.  I can’t imagine why they think Stefanoni’s office would want to essentially mistreat evidence and/or frame an American for this crime.  Do they really believe that everyone- the prosecutors, the judges, the police, the DNA testers are in cahoots to put her into jail for 25 years for no reason?

Many commenters say something like “they had their chance to get her and they let her go free, too bad” as if it doesn’t matter what the legal system is, and whether she did this horrific crime or not. 

Whatever happened to the calumny charge for AK - wouldn’t that be significant to prove she was not beaten.  I read somewhere a comment she was ‘slapped in the face’ by the police.  That’s just one version.  Other than the 52 hours of questioning without food or water.  CNN comments are incredibly biased towards AK.  No mention of RS.  He’s not a matter or concern.  Making it a Italy vs. America situation rather than a complex murder court case.  Let’s face it, most Americans have never left their own country or learned much about other countries, and are not going to study the Italian or British news.  They will swallow whatever is being said on American newspapers. 

Hope the article by MediaWatch is being posted somewhere that American people will click on it.  Well done.

Posted by believing on 03/28/13 at 12:00 AM | #

I should have said that the American people don’t understand the evidence for the other big reason - the constant PR machine for her family and other pro-Knox supporters and twisted biased reporting by US news stations. 

If she is innocent there is nothing to fear from retesting the DNA evidence as was proposed during the appeal (maybe they will find more too).

Posted by believing on 03/28/13 at 12:03 AM | #

Americans have unrestricted access to Google and any other search engine on the face of the earth.  If sites likes TJMK and PMF didn’t exist, and if all the trial reports hadn’t been translated, I’d say there would be a justification for people who can’t read a bit of Italian to fully buy into FOA propaganda given its ubiquity in main-stream media.

However, the tools to access more accurate information are there and have obviously been used and enhanced by many educated Americans who have been making positive contributions to Meredith’s cause.

The only culprits are lack of critical thinking, bigotry, and laziness. These apply not only to Americans per se, but to anyone who bought the FOA party lines hook, line, and sinker.

Posted by Vivianna on 03/28/13 at 01:10 AM | #

Andrea Vogt has posted “il dispositivo di Cassazione” here:

http://thefreelancedesk.com/?front_featured=high-court-to-hear-meredith-kercher-case

Posted by ncountryside on 03/28/13 at 11:03 AM | #

And anyway: Congratulations !
Hmmm,I always knew it would not be possible to escape police or the judicial system in the long run. If you wanted to dodge the law permanently , you´d have to be some kind of anarchist arch-criminal with superpowers and a shapeshifter living on the outskirts of society…

Posted by aethelred23 on 03/30/13 at 03:15 AM | #

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