Thursday, March 04, 2010

Sentencing Report: La Repubblica Has The Most Substantive Report So Far Today

Posted by ziaK


Click above for the Repubblica’s story in the original Italian.

This translation below is of this the longest report so far today in the Italian media, presumably by staff reporters in Perugia, although it is unsigned.

Verdict filed in Meredith crime: Murder arising from Guede’s sexual violence

PERUGIA - Four hundred and twenty-seven: This is how many pages it took for the judges of Perugia’s Court of Assizes to explain the sentence on the murder of Meredith Kercher in Perugia on 1 November 2007. For this crime carried out, the judges wrote, “without any planning, without any animosity or feeling of rancour”, Amanda Knox and Raffaele Sollecito were sentenced to 26 and 25 years imprisonment, respectively. For the same crime, Ivory Coast national Rudy Guede was sentenced (to 30 years following a “fast-track” trial, subsequently reduced to 16 years in appeal) and is currently waiting to file an appeal with the Supreme Court. The Perugian judges wrote: “The motive, was of an erotic, sexually violent nature, which riginated in the evil choice made by Rudy, and elicited the active collaboration of Amanda and Raffaele.”

From Viterbo prison, where he is held, Rudy wrote a letter with an appeal: “to those who know, talk”. A request which appears to be addressed to the same Amanda and Raffaele (both - particularly the American student whom he has always claimedto know - pointed to by Rudy as having been present at the crime scent, ndr) who have always declared themselves to have no involvement in the affair.

Together, all the elements which emerged during the process “demonstrated a comprehensive and unified picture, without gaps and inconsistencies”, wrote the judges in the file signed by the Court President, Giancarlo Massei and by assessor judge Beatrice Cristiani. According to the College [as in the board of judges], the picture that emerges “has, as its necessary and strictly consequential outcome, the attribution of the hypothesized facts of the crime to both the accused.”

The measure furthermore asserts that Knox “freely accused Patrick Diya Lumumba of having killed Meredith, and so accused him with the full knowledge of the innocence of the same Lumumba”. The judges underlined that there had not been “any confirmation” that Amanda had been urged by the investigators to accuse Lumumba. For Perugia’s Court of Assizes, the objective aimed at by the American (who was also convicted for the crime of calumny with regard to the Congolese [sic] musician, ndr) was to “lead the investigators down the wrong path, far from that which could have led them to establish her own responsibility, and that of her boyfriend”. “Such behaviour is a choice”, wrote the Court, “and thus merely defensive: Amanda had a good relationship with Lumumba, by whom she had always been well treated, and therefore there could have been no motive for rancour, animosity, revenge which could have justified such a serious accusation.”

The murder of Meredith Kercher, it further reads, was carried out “without any planning, without the animosity or feeling of resentment towards the victim which in some ways can be seen as the preparation/predisposition to commiting a crime”. According to the board of judges, “the actions turn out to have been carried out as a result of purely coincidental events”.

In the judges’ report, they talk of “purely coincidental events which, when joined together with each other, created a situation which, in the combination of various factors, made possible these crimes to the detriment of Meredith: Amanda and Raffaele who suddenly found themselves without any commitments, meet Rudy Guede by chance (there is no trace of any appointment having been made), and find themselves together at the house on the via della Pergola on the very evening (between 1 and 2 November, ndr) that Meredith is there alone”. According to the judges, “even the behaviour towards Meredith - once the assault and the murder have been commited - which consisted in covering her lifeless body, shows a feeling of pity for the victim, refusal, and thus a sort of repentance for what has been done: refusal and repentance shown through such an act of pity.”

The judges attributed the material criminal act, that is, the sexual violence, to Rudy Guede, who was aided by Amanda and Raffaele, weakened by the drugs they had consumed. The judges wrote: “Amanda and Raffaele participated actively in the criminal actions carried out by Rudy with the aim of overcoming Meredith’s resistance, subjugating her will, and allowing Rudy to relieve his lustful urges.” The judges also wrote in their report: “The prospective of helping Rudy achieve his aim of subjugating Meredith in order to sexually abuse her may have appeared to be an exciting detail which, although unforeseen, should be tried”.

“The motive”, added the Perugian judges, “was therefore of an erotic, sexually violent nature, which originated in the evil choice made by Rudy, and elicited the active collaboration of Amanda and Raffaele. That such participation, active and violent, had also involved the current defendants as well as Rudy can be deduced from what has been observed in talking about the lesions suffered by Meredith, by the outcome of the genetic investigations, by the prints of bare feet found in various parts of the house.”

According to the judges, in this murder case, one of the tests, carried out by several people, is confirmed by Meredith’s physical strength, by the fact that she was conscious on the evening of the assault, and by her previous experience in the gym. “Meredith, when the violence began, was awake and dressed, and was not laying down on her bed.” Furthermore: “According to the analyses, the young woman had a slender and well-endowed physique, and was physically very strong, as was claimed by Meredith’s mother and sister. She had even done boxing”.




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